§ 811. Operation of navigation facilities; rules and regulations; penalties
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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.
(June 10, 1920, ch. 285, pt. I, § 18, 41 Stat. 1073; renumbered pt. I and amended, Aug. 26, 1935, ch. 687, title II, §§ 209, 212, 49 Stat. 845, 847; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; June 4, 1956, ch. 351, § 2, 70 Stat. 226; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 109–58, title II, § 241(b), Aug. 8, 2005, 119 Stat. 674.)
Connections57 cite this · traces to 3
Cited by 57 sections · top 42
U.S. Code
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statutes-at-large
- Public Law 109–58To ensure jobs for our future with secure, affordable, and reliable energy
- Public Law 102–486To provide for improved energy efficiency
- Public Law 111–11To designate certain land as components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of the Interior and the Department of Agriculture, and for other purposes
statute-compilations
- Sec. 241ALTERNATIVE CONDITIONS AND FISHWAYS
- Sec. 18The 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 Commerce. 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 date of enactment of the Energy Policy Act of 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 Act, 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 316 hereof.
- Sec. 10011CALIFORNIA CENTRAL VALLEY SPRING RUN CHINOOK SALMON
bill
- Sec. 9Operation of navigation facilities
- Sec. 3001Hydropower regulatory improvements
- Sec. 3001Hydropower regulatory improvements
- Sec. 4Technical and conforming amendments
- Sec. 5Consideration of invasive species
- Sec. 4Technical and conforming amendments
- Sec. 4Technical and conforming amendments
- Sec. 5Consideration of invasive species
- Sec. 4Technical and conforming amendments
- Sec. 3001Federal Power Act amendments
- Sec. 1Consideration of invasive species
- Sec. 1Consideration of invasive species
- Sec. 33178Consideration of invasive species
- Sec. 33178Consideration of invasive species
- Sec. 2Confirming that hydropower is an essential renewable resource
- Sec. 243Hydropower licensing and process improvements
- Sec. 2Confirming that hydropower is an essential renewable resource
- Sec. 1Consideration of invasive species
- Sec. 2Confirming that hydropower is an essential renewable resource
- Sec. 8Operation of navigation facilities; rules and regulations; penalties
- Sec. 2Consideration of invasive species
21 references not yet in our index
- 1
- June 10, 1920, ch. 285
- 41 Stat. 1073
- Aug. 26, 1935, ch. 687
- 49 Stat. 845
- 53 Stat. 1433
- July 26, 1947, ch. 343
- 61 Stat. 501
- June 4, 1956, ch. 351, § 2
- 70 Stat. 226
- 84 Stat. 2090
- Pub. L. 109–58, title II, § 241(b)
- 119 Stat. 674
- Pub. L. 109–58
- act July 26, 1947, ch. 343, title II
- act Aug. 10, 1956, ch. 1041
- 70A Stat. 641
- section 6(b)(1) of Pub. L. 89–670
- 80 Stat. 938
- Pub. L. 102–486, title XVII, § 1701(b)
- 106 Stat. 3008
Citation graph
cites case law
§ 811
Operation of navigation facilities; rules and regulations; penalties
Fed. Reg.×23
Bills×21
Stat. Comp.×4
Stat.×4
U.S.C.×4
C.F.R.×1
Cite1
ActJune 10, 1920, ch. 285
Stat.41 Stat. 1073
ActAug. 26, 1935, ch. 687
Stat.49 Stat. 845
Cites 24 · showing 8Cited by 57 across 6 sources