16 U.S.C. § 811 : US Code - Section 811: Operation of navigation facilities; rules and regulations; penalties

Search 16 U.S.C. § 811 : US Code - Section 811: Operation of navigation facilities; rules and regulations; penalties

The 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 (!1) and within the
time frame established by the Commission for each license
proceeding. Within 90 days of August 8, 2005, 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 825o of
this title.