Title 16 — Conservation
Chapter 12 — Federal Regulation and Development of Power
§ 807. Right of Government to take over project works
Statutory text
Compensation; condemnation by Federal or State Government
Upon not less than two years’ notice in writing from the commission the United States shall have the right upon or after the expiration of any license to take over and thereafter to maintain and operate any project or projects as defined in section 796 of this title, and covered in whole or in part by the license, or the right to take over upon mutual agreement with the licensee all property owned and held by the licensee then valuable and serviceable in the development, transmission, or distribution of power and which is then dependent for its usefulness upon the continuance of the license, together with any lock or locks or other aids to navigation constructed at the expense of the licensee, upon the condition that before taking possession it shall pay the net investment of the licensee in the project or projects taken, not to exceed the fair value of the property taken, plus such reasonable damages, if any, to property of the licensee valuable, serviceable, and dependent as above set forth but not taken, as may be caused by the severance therefrom of property taken, and shall assume all contracts entered into by the licensee with the approval of the Commission. The net investment of the licensee in the project or projects so taken and the amount of such severance damages, if any, shall be determined by the Commission after notice and opportunity for hearing. Such net investment shall not include or be affected by the value of any lands, rights-of-way, or other property of the United States licensed by the Commission under this chapter, by the license or by good will, going value, or prospective revenues; nor shall the values allowed for water rights, rights-of-way, lands, or interest in lands be in excess of the actual reasonable cost thereof at the time of acquisition by the licensee: Provided, That the right of the United States or any State or municipality to take over, maintain, and operate any project licensed under this chapter at any time by condemnation proceedings upon payment of just compensation is expressly reserved.
Relicensing proceedings; Federal agency recommendations of take over by Government; stay of orders for new licenses; termination of stay; notice to Congress
In any relicensing proceeding before the Commission any Federal department or agency may timely recommend, pursuant to such rules as the Commission shall prescribe, that the United States exercise its right to take over any project or projects. Thereafter, the Commission, if its 1 does not itself recommend such action pursuant to the provisions of section 800(c) of this title, shall upon motion of such department or agency stay the effective date of any order issuing a license, except an order issuing an annual license in accordance with the proviso of section 808(a) of this title, for two years after the date of issuance of such order, after which period the stay shall terminate, unless terminated earlier upon motion of the department or agency requesting the stay or by action of Congress. The Commission shall notify the Congress of any stay granted pursuant to this subsection.
Footnotes
- 1 So in original. Probably should be “it”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 66–285 · 41 Stat. 1063
Enacted · 16 U.S.C. § 807
June 10, 1920, ch. 285, pt. I, § 14, 41 Stat. 1071
Source evidence
Code source credit
June 10, 1920, ch. 285, pt. I, § 14, 41 Stat. 1071Pub. L. 90–451 § 2 · 82 Stat. 616
Amended · 16 U.S.C. § 807
Pub. L. 90–451 designated existing provisions as subsec. (a)
Added · 16 U.S.C. § 807
Pub. L. 90–451 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 90–451 designated existing provisions as subsec. (a) and added subsec. (b).Enacted provision · exact public law section
Sec. 2. Section 14 of the Federal Power Act, as amended (16 U.S.C. 807), is amended by inserting “(a)” immediately preceding the first sentence thereof and by adding thereto the following new subsection: “(b) No earlier than five years before the expiration of any license, Government take-over right. the Commission shall entertain applications for a new license and decide them in a relicensing proceeding pursuant to the provisions of section 15. In any relicensing proceeding before the Commission any Federal department or agency may timely recommend, pursuant to such rides as the Commission shall prescribe, that the United States exercise its right to take over any project or projects. Thereafter, the Commission, if its does not itself recommend such action pursuant to the provisions of section 7(c) of this part, shall upon motion of such department or agency stay the effective date of any order issuing a license, except an order issuing an annual license in accordance with the proviso of section 15 (a), for two years after the date of issuance of such order, after which period the stay shall terminate, unless terminated earlier upon motion of the department or agency requesting the stay or by action of Congress. The Commission shall notify the Congress Notice to Congress. of any stay grunted pursuant to this subsection.”Electric Consumers Protection Act of 1986
Pub. L. 99–495 § 4(b)(2) · 100 Stat. 1243
Struck · 16 U.S.C. § 807(b)
Pub. L. 99–495 struck out first sentence which read as follows: “No earlier than five years before the expiration of any license, the Commission shall entertain applications for a new license and decide them in a relicensing proceeding pursuant to the provisions of section 808 of this title.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–495 struck out first sentence which read as follows: “No earlier than five years before the expiration of any license, the Commission shall entertain applications for a new license and decide them in a relicensing proceeding pursuant to the provisions of section 808 of this title.”Enacted provision · exact public law section
(2) Section 14(b) of such Act is amended by striking out the first sentence.Effective date note
Amendment by Pub. L. 99–495 effective with respect to each license, permit, or exemption issued under this chapter after Oct. 16, 1986, see section 18 of Pub. L. 99–495, set out as a note under section 797 of this title.
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1935–1986 · 3 rounds
1986
Subsec. (b). Pub. L. 99–495 struck out first sentence which read as follows: “No earlier than five years before the expiration of any license, the Commission shall entertain applications for a new license and decide them in a relicensing proceeding pursuant to the provisions of section 808 of this title.”
1968
Pub. L. 90–451 designated existing provisions as subsec. (a) and added subsec. (b).
1935
Act , § 207, amended section generally.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–495 effective with respect to each license, permit, or exemption issued under this chapter after , see section 18 of Pub. L. 99–495, set out as a note under section 797 of this title.
Credits
1920–1986 · 4 acts
- 1920June 10, 1920, ch. 285, pt. I, § 14, 41 Stat. 1071
- 1935renumbered pt. I and amended, Aug. 26, 1935, ch. 687, title II, §§ 207, 212, 49 Stat. 844, 847
- 1968Pub. L. 90–451, § 2, , 82 Stat. 617
- 1986Pub. L. 99–495, § 4(b)(2), , 100 Stat. 1248.
Show as published
(June 10, 1920, ch. 285, pt. I, § 14, 41 Stat. 1071; renumbered pt. I and amended, Aug. 26, 1935, ch. 687, title II, §§ 207, 212, 49 Stat. 844, 847; Pub. L. 90–451, § 2, , 82 Stat. 617; Pub. L. 99–495, § 4(b)(2), , 100 Stat. 1248.)