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16 U.S.C. § 804Project works affecting navigable waters; requirements insertable in license

submitted 106 years ago by ch. 285 to r/title-16-CONSERVATION · 247 words · no verdicts yet

in plain englishAI-generated · not legal advice

When project works affect navigable United States waters, the commission may put navigation requirements in the license if reasonably necessary for present or future navigation and consistent with a reasonable investment cost.

If a dam or other project work will be built across, along, or in navigable United States waters, the commission may include one or more of these license requirements when it considers them reasonably necessary for present or future navigation and consistent with a reasonable investment cost to the licensee: (a) The licensee must, as needed to preserve or improve navigation, build all or part of locks, booms, sluices, or other navigation structures connected with the dam, at no cost to the United States, using plans and specifications approved by the Chief of Engineers and the Army Secretary and made part of the license. (b) If the licensee does not build those navigation structures as part of the original construction, then when the United States wants to complete them, the licensee must give the United States, free of charge, the needed land, rights-of-way, and passage through its dams or other structures, and must allow the pool control needed to complete the facilities. (c) The licensee must give the United States, free of charge, power to operate the navigation facilities, whether the licensee or the United States built them.
the actual law source: uscode.house.gov ↗public domain

If the dam or other project works are to be constructed across, along, or in any of the navigable waters of the United States, the commission may, insofar as it deems the same reasonably necessary to promote the present and future needs of navigation and consistent with a reasonable investment cost to the licensee, include in the license any one or more of the following provisions or requirements:

(a)

That such licensee shall, to the extent necessary to preserve and improve navigation facilities, construct, in whole or in part, without expense to the United States, in connection with such dam, a lock or locks, booms, sluices, or other structures for navigation purposes, in accordance with plans and specifications approved by the Chief of Engineers and the Secretary of the Army and made part of such license.

(b)

That in case such structures for navigation purposes are not made a part of the original construction at the expense of the licensee, then whenever the United States shall desire to complete such navigation facilities the licensee shall convey to the United States, free of cost, such of its land and its rights-of-way and such right of passage through its dams or other structures, and permit such control of pools as may be required to complete such navigation facilities.

(c)

That such licensee shall furnish free of cost to the United States power for the operation of such navigation facilities, whether constructed by the licensee or by the United States.

Source credit: (June 10, 1920, ch. 285, pt. I, § 11, 41 Stat. 1070; renumbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

history & why it existsrecord from the source credit
  • 1920Enacted · Act of June 10, 1920, ch. 285 · 41 Stat. 1070
  • 1935Amended · Act of Aug. 26, 1935, ch. 687 · 49 Stat. 847
  • 1947Amended · Act of July 26, 1947, ch. 343 · 61 Stat. 501

A history note hasn’t been published yet. The record shows enactment by ch. 285 on 1920-06-10.

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