16 U.S.C. § 817 : US Code - Section 817: Projects not affecting navigable waters; necessity for Federal license, permit or right-of-way; unauthorized activities

Search 16 U.S.C. § 817 : US Code - Section 817: Projects not affecting navigable waters; necessity for Federal license, permit or right-of-way; unauthorized activities

(1) It shall be unlawful for any person, State, or municipality,
for the purpose of developing electric power, to construct,
operate, or maintain any dam, water conduit, reservoir, power
house, or other works incidental thereto across, along, or in any
of the navigable waters of the United States, or upon any part of
the public lands or reservations of the United States (including
the Territories), or utilize the surplus water or water power from
any Government dam, except under and in accordance with the terms
of a permit or valid existing right-of-way granted prior to June
10, 1920, or a license granted pursuant to this chapter. Any
person, association, corporation, State, or municipality intending
to construct a dam or other project works, across, along, over, or
in any stream or part thereof, other than those defined in this
chapter as navigable waters, and over which Congress has
jurisdiction under its authority to regulate commerce with foreign
nations and among the several States shall before such construction
file declaration of such intention with the Commission, whereupon
the Commission shall cause immediate investigation of such proposed
construction to be made, and if upon investigation it shall find
that the interests of interstate or foreign commerce would be
affected by such proposed construction, such person, association,
corporation, State, or municipality shall not construct, maintain,
or operate such dam or other project works until it shall have
applied for and shall have received a license under the provisions
of this chapter. If the Commission shall not so find, and if no
public lands or reservations are affected, permission is granted to
construct such dam or other project works in such stream upon
compliance with State laws.
(2) No person may commence any significant modification of any
project licensed under, or exempted from, this chapter unless such
modification is authorized in accordance with terms and conditions
of such license or exemption and the applicable requirements of
this subchapter. As used in this paragraph, the term "commence"
refers to the beginning of physical on-site activity other than
surveys or testing.