§ 814. Exercise by licensee of power of eminent domain

Footnotes

1. 1 So in original. Probably should be followed by a colon.

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.

1. 1920

   Pub. L. 66–285 · 41 Stat. 1063

   Enacted · 16 U.S.C. § 814

   June 10, 1920, ch. 285, pt. I, § 21, 41 Stat. 1074

   Source evidence

   Code source credit
   June 10, 1920, ch. 285, pt. I, § 21, 41 Stat. 1074

2. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 title XVII § 1701(d) · 106 Stat. 2776

   Substituted · 16 U.S.C. § 814

   Pub. L. 102–486 substituted final proviso and sentence for period at end

   Source evidence

   Code amendment note
   Pub. L. 102–486 substituted final proviso and sentence for period at end.

   Enacted provision · exact public law section
   SEC. 1701. ADDITIONAL FEDERAL POWER ACT PROVISIONS. (a) Annual Charges for Costs.— (1) Section 10(e)(1) of the Federal Power Act is amended by striking the semicolon after “Part” and inserting the following: , including any reasonable and necessary costs incurred by Federal and State fish and wildlife agencies and other natural and cultural resource agencies in connection with studies or other reviews carried out by such agencies for purposes of administering their responsibilities under this part;”. (2) Section 10(e)(1) of such Act is further amended by inserting after “as conditions may require:” the following proviso: “Provided, That, subject to annual appropriations Acts, the portion of such annual charges imposed by the Commission under this subsection to cover the reasonable and necessary costs of such agencies shall be available to such agencies (in addition to other funds appropriated for such purposes) solely for carrying out such studies and reviews and shall remain available until expended:”. (b) Clarification of Authority Regarding Fishways.— The definition of the term “fishway” contained in 18 C.F.R. 4.30(b)(9)(iii), as in effect on the date of enactment of this Act, is vacated without prejudice to any definition or interpretation by rule of the term “fishway” by the Federal Energy Regulatory Commission for purposes of implementing section 18 of the Federal Power Act: Provided, That any future definition promulgated by regulatory rulemaking shall have no force or effect unless concurred in by the Secretary of the Interior and the Secretary of Commerce: Provided further, That the items which may constitute a “fishway” under section 18 for the safe and timely upstream and downstream passage of fish shall be limited to physical structures, facilities, or devices necessary to maintain all life stages of such fish, and project operations and measures related to such structures, facilities, or devices which are necessary to ensure the effectiveness of such structures, facilities, or devices for such fish. (c) Extension of Deadlines.— (1) Notwithstanding the time limitations of section 13 of the Federal Power Act, the Federal Energy Regulatory Commission, upon the request of the licensee for FERC Project No. 4031 (and after reasonable notice), is authorized, in accordance with the good faith, due diligence, and public interest requirements of such section 13 and the Commission’s procedures under such section, to extend the time required for commencement of construction of such project for up to a maximum of 3 consecutive 2–year periods. This section shall take effect for such project upon the expiration of the extension (issued by the Commission under such section 13) of the period required for commencement of construction of such project. (2) Notwithstanding the time limitations of section 13 of the Federal Power Act, the Federal Energy Regulatory Commission, upon the request of the licensee for FERC Project No. 6221 (and after reasonable notice), is authorized, in accordance with the good faith, due diligence, and public interest requirements of such section 13 and the Commission’s procedures under such section, to extend the time required for commencement of construction of such project until July 29, 1995. (3) Notwithstanding the time limitations of section 13 of the Federal Power Act, the Federal Energy Regulatory Commission, upon the request of the licensee for FERC project numbered 6641 (and after reasonable notice) is authorized, in accordance with the good faith, due diligence, and public interest requirements of section 13 and the Commission’s procedures under such section, to extend until June 29, 1996, the time required for the licensee to acquire the required real property and commence the construction of project numbered 6641, and until June 29, 2000, the time required for completion of construction of such project. (4) Notwithstanding the time limitations of section 13 of the Federal Power Act, the Federal Energy Regulatory Commission, upon the request of the licensee of FERC project numbered 4656 (and after reasonable notice) is authorized, in accordance with the good faith, due diligence, and public interest requirements of section 13 and the Commission’s procedures under such section, to extend until March 26, 1999, the time required for the licensee to acquire the required real property and commence the construction of project numbered 4656. (5) The authorization for issuing extensions under paragraphs (1) through (4) shall terminate 3 years after the date of enactment of this section. To facilitate requests under such subsections, the Commission may consolidate the requests. The Commission shall provide at the beginning of each Congress a report on the status of all extensions granted by Congress regarding the requirements of section 13 of the Federal Power Act, including information about any delays by the Commission on the licensee and the reasons for such delays. (6) Eminent Domain.— Section 21 of the Federal Power Act 16 USC 814. is amended by striking the period at the end thereof and adding the following: “ Provided further, That no licensee may use the right of eminent domain under this section to acquire any lands or other property that, prior to the date of enactment of the Energy Policy Act of 1992, were owned by a State or political subdivision thereof and were part of or included within any public park, recreation area or wildlife refuge established under State or local law. In the case of lands or other property that are owned by a State or political subdivision and are part of or included within a public park, recreation area or wildlife refuge established under State or local law on or after the date of enactment of such Act, no licensee may use the right of eminent domain under this section to acquire such lands or property unless there has been a public hearing held in the affected community and a finding by the Commission, after due consideration of expressed public views and the recommendations of the State or political subdivision that owns the lands or property, that the license will not interfere or be inconsistent with the purposes for which such lands or property are owned. ”.

1 of 2 references resolved to an enrolled provision · 1 partial