16 U.S.C. § 811 | Operation of navigation facilities; rules and regulations; penalties

1 So in original. Probably should be “section”.

August 8, 2005oThe Commission shall require the construction, maintenance, and operation by a licensee at its own expense of such lights and signals as may be directed by the Secretary of the Department in which the Coast Guard is operating, and such fishways as may be prescribed by the Secretary of the Interior or the Secretary of Commerce, as appropriate. The license applicant and any party to the proceeding shall be entitled to a determination on the record, after opportunity for an agency trial-type hearing of no more than 90 days, on any disputed issues of material fact with respect to such fishways. All disputed issues of material fact raised by any party shall be determined in a single trial-type hearing to be conducted by the relevant resource agency in accordance with the regulations promulgated under this subsection  and within the time frame established by the Commission for each license proceeding. Within 90 days of , the Secretaries of the Interior, Commerce, and Agriculture shall establish jointly, by rule, the procedures for such expedited trial-type hearing, including the opportunity to undertake discovery and cross-examine witnesses, in consultation with the Federal Energy Regulatory Commission. The operation of any navigation facilities which may be constructed as a part of or in connection with any dam or diversion structure built under the provisions of this chapter, whether at the expense of a licensee hereunder or of the United States, shall at all times be controlled by such reasonable rules and regulations in the interest of navigation, including the control of the level of the pool caused by such dam or diversion structure as may be made from time to time by the Secretary of the Army; and for willful failure to comply with any such rule or regulation such licensee shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 825 of this title.

June 10, 1920, ch. 285 41 Stat. 1073 Aug. 26, 1935, ch. 687 49 Stat. 845July 1, 193953 Stat. 1433 July 26, 1947, ch. 343 61 Stat. 501 June 4, 1956, ch. 351, § 2 70 Stat. 226Oct. 3, 197084 Stat. 2090 Pub. L. 109–58, title II, § 241(b)Aug. 8, 2005119 Stat. 674(, pt. I, § 18, ; renumbered pt. I and amended, , title II, §§ 209, 212, , 847; 1939 Reorg. Plan No. II, § 4(e), eff. , 4 F.R. 2731, ; , title II, § 205(a), ; , ; 1970 Reorg. Plan No. 4, eff. , 35 F.R. 15627, ; , , .)

Editorial Notes

Amendments

Pub. L. 109–58August 8, 20052005— inserted after first sentence “The license applicant and any party to the proceeding shall be entitled to a determination on the record, after opportunity for an agency trial-type hearing of no more than 90 days, on any disputed issues of material fact with respect to such fishways. All disputed issues of material fact raised by any party shall be determined in a single trial-type hearing to be conducted by the relevant resource agency in accordance with the regulations promulgated under this subsection and within the time frame established by the Commission for each license proceeding. Within 90 days of , the Secretaries of the Interior, Commerce, and Agriculture shall establish jointly, by rule, the procedures for such expedited trial-type hearing, including the opportunity to undertake discovery and cross-examine witnesses, in consultation with the Federal Energy Regulatory Commission.”

June 4, 19561956—Act , substituted “Secretary of the Department in which the Coast Guard is operating” for “Secretary of War” in first sentence.

Aug. 26, 1935o1935—Act , § 209, amended section generally, inserting first sentence, striking out “Such rules and regulations may include the maintenance and operation of such licensee at its own expense of such lights and signals as may be directed by the Secretary of War, and such fishways as may be prescribed by the Secretary of Commerce.”, and substituting section “825” for section “819”.

Statutory Notes and Related Subsidiaries

Change of Name

act July 26, 1947, ch. 343, title II 61 Stat. 501July 26, 1947act Aug. 10, 1956, ch. 1041 70A Stat. 641Aug. 10, 1956Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of , . Section 205(a) of act , was repealed by section 53 of , . Section 1 of act , enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army.

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

section 6(b)(1) of Pub. L. 89–670Oct. 15, 196680 Stat. 938 Section 108 of Title 49Coast Guard transferred to Department of Transportation and all functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by , , . See , Transportation.

Clarification of Authority Regarding Fishways

Pub. L. 102–486, title XVII, § 1701(b)Oct. 24, 1992106 Stat. 3008

Oct. 24, 199216 U.S.C. 811ProvidedProvided further“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 []: , 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: , 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.”

, , , provided that:

Executive Documents

Transfer of Functions

Oct. 3, 197084 Stat. 2090Reference to Secretary of Commerce inserted in view of: creation of National Oceanic and Atmospheric Administration in Department of Commerce and Office of Administrator of such Administration; abolition of Bureau of Commercial Fisheries in Department of the Interior and Office of Director of such Bureau; transfers of functions, including functions formerly vested by law in Secretary of the Interior or Department of the Interior which were administered through Bureau of Commercial Fisheries or were primarily related to such Bureau, exclusive of certain enumerated functions with respect to Great Lakes fishery research, Missouri River Reservoir research, Gulf Breeze Biological Laboratory, and Trans-Alaska pipeline investigations; and transfer of marine sport fish program of Bureau of Sport Fisheries and Wildlife by Reorg. Plan No. 4 of 1970, eff. , 35 F.R. 15627, , set out in the Appendix to Title 5, Government Organization and Employees.

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred Bureau of Fisheries in Department of Commerce and its functions to Department of the Interior, to be administered under direction and supervision of Secretary of the Interior.