33 CFR 209.140 - Operations of the Corps of Engineers under the Federal Power Act.

§ 209.140 Operations of the Corps of Engineers under the Federal Power Act.

(a)General. This section outlines policies and procedures applicable to those operations in which the Corps of Engineers may be called upon to participate under the Federal Power Act. Such operations include: Investigations and reports on applications for permits and licenses for development of power affecting navigable waters; supervision of investigations, construction, and operation of projects under such permits and licenses; preparation of special reports as required by the Federal Power Commission; and review of plans of dams or other structures affecting navigation. The foregoing functions are performed by the Corps of Engineers only upon request of the Federal Power Commission.

(b)Authority of Division and District Engineers. Section 2 of the revised Federal Power Act provides that the Federal Power Commission may request the President to detail an officer or officers from the Corps of Engineers, or other branches of the United States Army, to serve the Commission as Engineer officer or officers, or in any other capacity, in field work outside the seat of government, their duties to be prescribed by the Commission. By authority of the Secretary of the Army, and in accordance with the instructions issued by the President in a letter to the Secretary of the Army dated May 18, 1931, Division Engineers will be detailed to serve the Commission as engineer officers in field work outside the seat of government, their duties to be prescribed by the Commission, and to be performed under the supervision of the Chief of Engineers. District Engineers will be designated to carry out the field inspections and investigations under supervision of the Division Engineer. When a Division Engineer is detailed by the Chief of Engineers to assist the Commission in either the investigation or supervision of a project he will be the accredited representative of the Commission. The actual field work will be done by the designated District Engineer who will make a report to the Division Engineer. All reports and such correspondence as would normally be forwarded to the Commission will be addressed to the Chief of Engineers.

(c)Procedure for investigations and report on applications for permits and licenses.

(1) Upon request by the Federal Power Commission, the Chief of Engineers will assign the investigation of an application for permit or license under the Federal Power Act to a Division Engineer, who will submit a report on the investigation as provided herein. The date that the report is to be submitted will be specified. The Division Engineer, upon assignment of an investigation involving extensive studies, will when requested by the Chief of Engineers submit an estimate of the cost of the investigation, listing the probable expenditures for salaries separate from the estimated costs of non-personal services.

(2) If in the investigation of an application or a declaration of intention filed under the Federal Power Act the Division Engineer considers a public hearing desirable in the interests of navigation or flood control, the Chief of Engineers will be notified whereupon the matter will be brought to the attention of the Commission. No public hearing will be held unless specifically authorized by the Commission or by the Chief of Engineers. If a hearing is authorized it will be limited strictly to consideration of the purpose for which approval is granted.

(3) The report will describe and discuss material facts having a definite bearing on the interests of navigation and flood control and the general effect the project would have on a comprehensive plan of developing the water resources of the basin. Specific reference will be made to pertinent published documents containing the results of studies and/or resolutions directing studies to be made. In the case of an application for permit or license for an unconstructed project the report will include a recommendation as to whether development should be undertaken by the United States rather than by a licensee. A recommendation for Federal development will be supported by a showing as to how this would serve the Corps of Engineers programs and policies. In the case of an application for permit or license for a constructed project the report should contain appropriate comments concerning possible redevelopment to improve the usefulness of the project in relation to the objectives of the Corps program in the basin.

(4) The report on an application for license will contain recommendations of the Division Engineer concerning the inclusion in the license of any terms and conditions that are considered to be necessary or desirable in the public interest from the standpoint of Corps of Engineers responsibilities.

(5) The report on an application for permit will contain such recommendations as required to insure coordination of the applicant's studies with the Division or District Engineer in cases where interests of the Corps of Engineers are involved. In all cases, the report will contain, in lieu of specific recommendations, a discussion of interests which should be protected by articles in a license issued subsequent to the permit period.

(6) If the project is on a Federal reservation or contemplates the use of a dam, either of which is under the jurisdiction of the Department of the Army, the report should state, giving reasons:

(i) Whether the project will interfere or be inconsistent with the purpose for which such reservation was created or acquired and what conditions, if any, should be imposed for the adequate protection and utilization of the reservation.

(ii) Whether the dam may be advantageously used by the United States for public purposes in addition to authorized purposes and whether it should be reserved for such use.

(iii) Whether the development should be undertaken by the United States.

(7) The reports will not be released or made public except by specific authority of the Chief of Engineers, nor will copies of a report, its findings, or recommendations be furnished to the applicant, to interested parties, or to the Commission until released by the Chief of Engineers.

(d)Procedure for supervision of operations under permits and licenses.

(1) When supervision of the operations of an applicant under a permit or a license is requested by the Federal Power Commission, the Chief of Engineers will assign responsibility for supervision to the Division Engineer. The operations to be supervised, such as investigations being conducted by a permittee, construction of a project under a license or operation of completed projects, will be as specified by the Commission.

(2) Projects will be classified as major, minor, minor part or transmission line projects as indicated in the Federal Power Act and as specified in the instructions from the Commission.

(3) Inspection during the construction of a major project will be made monthly, or as often as may be necessary for the Division Engineer to assure himself that the terms of the license are being complied with and the work is of acceptable quality and in accordance with the approved plans. The frequency of inspections of minor, minor part, and transmission line projects is left to the discretion of the Division Engineer.

(4) After a project has been completed and placed in operation and is under the supervision of the Division Engineer, annual inspection will be made of major and minor projects but inspection of transmission line projects will not be made unless specifically requested by the Commission.

(5) Reports on supervision and inspections of operations under Federal Power Commission permits and licenses will be submitted in accordance with instructions in paragraph (e) of this section.

(e)Reports on supervision and inspection of operations under Federal Power Commission permits licenses. Periodic reports, as appropriate to assigned responsibilities and as described in paragraphs (e) (1) through (3), inclusive, of this section will be submitted for each Federal Power Commission permit or license for which a Division Engineer has been assigned responsibility for supervision of operations under provisions of the Federal Power Act. All of the described reports will be submitted in triplicate to the Chief of Engineers for transmittal to the Federal Power Commission. Unless otherwise stated transmittal letters will not be required and the reports will be mailed so as to reach the Chief of Engineers not later than the 15th of the month following the end of the report period.

(1)Reports on supervision of construction under a FPC License. When a Division Engineer is assigned responsibility for supervision and inspection of construction of a licensed project, the requirements for submission of reports will be specified.

(2)Annual Report on operation of project under supervision of the Division Engineer. Reports on the operation and maintenance of each major and minor licensed project for which supervision of operations has been assigned to a Division Engineer will be submitted annually after the initial installation covered by the license has been completed. Such reports will be made on Federal Power Commission Form 10, “Operation Report” and, pursuant to paragraph 39u of AR 335-15, do not require a reports control symbol. A special report will be made in case of severe flood or interruption in operation due to failure of material or accident. Reports on operation and maintenance of transmission line projects are not required unless requested by the Commission.

(3)Annual Report on operation of projects with licenses containing conditions prescribed in the interest of navigation. When the Federal Power Commission notifies the Chief of Engineers that it will assume the supervision of operation of a licensed project, the Division Engineer will not be required to make detailed inspections and reports. However, the Division Engineer will continue to be responsible for the project insofar as it affects the interest of navigation. The inspection of projects in this class is left to the discretion of the Division Engineer but annual reports will be submitted in triplicate, through the Chief of Engineers, on Federal Power Commission Form 10, “Operation Report”, omitting the items under “Supervision expense for period”, but including the following information only under “Memorandum Report”.

(i) Whether the operation of the project has been satisfactory insofar as the interests of navigation are concerned.

(ii) Whether any infraction by the licensee of the conditions in the interest of navigation has come to the attention of the Division Engineer.

(f)Delegation of authority for approval of structural plans for non-Federal hydroelectric projects affecting navigation. The authority vested in the Secretary of the Army by section 4(e) of the Federal Power Act is hereby delegated to the Chief of the Engineers for promulgation with regard to approval of plans of structures filed with the Federal Power Commission in connection with licensing of non-Federal hydroelectric projects.

(Sec. 4(e), 49 Stat. 840; 16 U.S.C. 797(e); Secretary of the Army memorandum for the Chief of Engineers, dated March 11, 1975)
[ 33 FR 18670, Dec. 18, 1968, as amended at 40 FR 17023, Apr. 16, 1975]
Cross Reference:

For regulations of the Federal Energy Regulatory Commission, see 18 CFR chapter I.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 10 - ARMED FORCES
U.S. Code: Title 16 - CONSERVATION

§ 470 - Transferred or Omitted

§ 472a - Timber sales on National Forest System lands

§ 473 - Revocation, modification, or vacation of orders or proclamations establishing national forests

§ 474 - Surveys; plats and field notes; maps; effect under Act June 4, 1897

§ 475 - Purposes for which national forests may be established and administered

§ 476 - Repealed. Pub. L. 94–588, § 13, Oct. 22, 1976, 90 Stat. 2958

§ 477 - Use of timber and stone by settlers

§ 478 - Egress or ingress of actual settlers; prospecting

§ 478a - Townsites

§ 479 - Sites for schools and churches

§ 479a - Conveyance of National Forest System lands for educational purposes

§ 480 - Civil and criminal jurisdiction

§ 481 - Use of waters

§ 482 - Mineral lands; restoration to public domain; location and entry

§ 482a - Mining rights in Prescott National Forest

§ 482b - Mount Hood National Forest; mining rights

§ 482c - Patents affecting forest lands

§ 482d - Perfection of claims within forest

§ 482e - Lincoln National Forest; mining rights

§ 482f - Patents affecting forest lands

§ 482g - Perfection of claims within forest

§ 482h - Coronado National Forest; mining rights

16 U.S. Code § 482h–1 - Protection of scenic values of forest

16 U.S. Code § 482h–2 - Cutting of timber; reservation of patent rights

16 U.S. Code § 482h–3 - Perfection of mining claims

§ 482i - Plumas National Forest; offer of lands; additions; mining rights

§ 482j - Santa Fe National Forest; mining rights; protection of scenic values

§ 482k - Patents affecting forest lands

§ 482l - Perfection of mining claims within forest

§ 482m - Teton National Forest in Wyoming; additional lands

§ 482n - Coconino National Forest; mining rights; protection of scenic values

16 U.S. Code § 482n–1 - Cutting of timber within forest; reservation of patent rights

16 U.S. Code § 482n–2 - Perfection of mining claims within forest

16 U.S. Code § 482n–3 - Sedona-Oak Creek area

§ 482o - Kaibab National Forest; mining rights; protection of scenic values

§ 482p - Patents affecting lands within forest

§ 482q - Perfection of mining claims within forest

§ 483, 484 - Repealed. Pub. L. 86–596, § 3, July 6, 1960, 74 Stat. 335

§ 484a - Exchange of lands in national forests; public schools; deposit of funds by school authority with insufficient exchange land; limitations on use

§ 485 - Exchange of lands in national forests; cutting timber in national forests in exchange for lands therein

§ 485a - Omitted

§ 486 - Exchange of lands in national forests; reservations of timber, minerals, or easements

§ 486a to 486w - Omitted

§ 487 - Cutting timber on land added to Siskiyou National Forest

§ 487a - Cutting timber on lands added to Rogue River National Forest

§ 488 - Establishment of exterior boundaries of national forests

§ 489 - Repealed. Pub. L. 87–869, § 5, Oct. 23, 1962, 76 Stat. 1157

§ 490 - Deposits from timber purchasers to defray cost of disposing of debris

§ 491 - Omitted

§ 492 - Earth, stone, and timber for Departments of the Army and Navy, and Government works in Alaska

§ 493 - Omitted

§ 494 - Calaveras Bigtree National Forest

§ 495 - Leases of lands for sanitariums or hotels

§ 496 - Disposition of funds

§ 497 - Use and occupation of lands for hotels, resorts, summer homes, stores, and facilities for industrial, commercial, educational or public uses

§ 497a - Occupancy and use under permit of lands in Alaska for various purposes; period of permit; size of allotment; prohibitions; termination

§ 497b - Ski area permits

§ 497c - Ski area permit rental charge

§ 497d - Recreation residence fees

§ 498 - Cooperative work agreements: disposal of moneys received; refund of excess; payment from appropriation; conflict of interest

§ 499 - Disposal of money received by or on account of Forest Service; refund of excess and moneys erroneously collected; receipts from permits

§ 500 - Payment and evaluation of receipts to State or Territory for schools and roads; moneys received; projections of revenues and estimated payments

§ 501 - Expenditures from receipts for roads and trails; cooperation with State authorities; evaluation of receipts

§ 501a - Omitted

§ 502 - Rental of property for Forest Service; forage, care, and housing of animals; storage of vehicles and other equipment; pack stock; loss, damage, or destruction of horses, vehicles, and other equipment

§ 503 - Repealed. Pub. L. 85–767, § 2[1], Aug. 27, 1958, 72 Stat. 919

§ 503a - Omitted

§ 504 - Purchases of tree seeds, cones, forage plant seed, and nursery stock for national forests

§ 504a - Sale of forest-tree seed and nursery stock to States and political subdivisions; disposition of moneys; exchanges; limitation

§ 505 - Use of national forests established on land reserved for purposes of national defense; maintenance available

§ 505a - Interchange of lands between Department of Agriculture and military departments of Department of Defense; report to Congress

§ 505b - Laws applicable

§ 506 to 508 - Repealed. Pub. L. 87–869, § 4, Oct. 23, 1962, 76 Stat. 1157

§ 508a - Omitted

§ 508b - National forests in Minnesota; authority to prospect, develop, mine, remove, and utilize mineral resources

§ 509 - Repealed. Pub. L. 87–869, § 4, Oct. 23, 1962, 76 Stat. 1157

§ 510, 510a - Omitted

§ 511 - Reinstatement of entries canceled or relinquished

§ 512 - Omitted

§ 513 - Repealed. Pub. L. 94–588, § 17(a)(1), (2), Oct. 22, 1976, 90 Stat. 2961

§ 514 - Repealed. Pub. L. 94–588, § 17(a)(6), Oct. 22, 1976, 90 Stat. 2962

§ 515 - Examination, location, and purchase of forested, cut-over, or denuded lands; consent of State legislature to acquisition of land by the United States

§ 516 - Exchange of lands in the public interest; equal value; cutting and removing timber; publication of contemplated exchange

§ 517 - Title to lands to be acquired

§ 517a - Payment of awards in condemnation proceedings

§ 518 - Acquisition of lands not defeated by rights-of-way, easements, and reservations

§ 519 - Agricultural lands included in tracts acquired; sale for homesteads

§ 519a - Transfer of forest reservation lands for military purposes

§ 520 - Regulations as to mineral resources

§ 521 - Lands acquired to be reserved, held, and administered as national forest lands; designation

§ 521a - Administration, management, and consolidation of certain lands

§ 521b - Report of Secretary of Agriculture prior to purchase or exchange of land; contents; waiting period

§ 521c - Definitions

§ 521d - Sale, exchange, or interchange of National Forest System land

§ 521e - Small parcels and road rights-of-way

§ 521f - Costs of conveyance and value of improvements

§ 521g - Road rights-of-way subject to State or local law

§ 521h - Regulations; contents

§ 521i - Unaffected lands

§ 522 - Omitted

§ 523 - Omitted

§ 524 - Rights-of-way for dams, reservoirs, or water plants for municipal, mining, and milling purposes

§ 525 - Rights-of-way for wagon roads or railroads

§ 526 - Establishment and protection of water rights

§ 527 - Use of Forest Service funds for administration of certain lands

§ 528 - Development and administration of renewable surface resources for multiple use and sustained yield of products and services; Congressional declaration of policy and purpose

§ 529 - Authorization of development and administration consideration to relative values of resources; areas of wilderness

§ 530 - Cooperation for purposes of development and administration with State and local governmental agencies and others

§ 531 - Definitions

§ 532 - Roads and trails system; Congressional findings and declaration of policy

§ 533 - Grant of easements for road rights-of-way; authority of Secretary of Agriculture; regulations

§ 534 - Termination and cancellation of easements; notice; hearing

§ 535 - Forest development roads; acquisition, construction, and maintenance; maximum economy; methods of financing; cost arrangements for construction standards; transfer of unused effective purchaser credit for road construction

§ 535a - Forest development roads: prohibition on credits; inclusion of construction costs in notice of sale; special election by small business concerns; construction standards; authorization of harvesting; treatment of road value

§ 536 - Recording of instruments; furnishing of instruments affecting public domain lands to Secretary of the Interior

§ 537 - Maintenance and reconstruction by road users; funds for maintenance and reconstruction; availability of deposits until expended, transfer of funds, and refunds

§ 538 - User fees fund for delayed payments to grantors

§ 539 - Additions to existing national forests; administration

§ 539a - Mining and mineral leasing on certain national forest lands

§ 539b - Fisheries on national forest lands in Alaska

§ 539c - Cooperative fisheries planning; report to Congress

§ 539d - National forest timber utilization program

§ 539e - Reports

§ 539f - Nonprofit organization user of national forest lands

§ 539g - Kings River Special Management Area

§ 539h - Greer Spring Special Management Area

§ 539i - Fossil Ridge Recreation Management Area

§ 539j - Bowen Gulch Protection Area

§ 539k - Kelly Butte Special Management Area

§ 539l - Designation of James Peak Protection Area, Colorado

16 U.S. Code § 539l–1 - Inholdings

16 U.S. Code § 539l–2 - James Peak Fall River trailhead

16 U.S. Code § 539l–3 - Loop trail study; authorization

16 U.S. Code § 539l–4 - Other administrative provisions

16 U.S. Code § 539l–5 - Wilderness potential

§ 539m - Findings and purposes

16 U.S. Code § 539m–1 - Definitions

16 U.S. Code § 539m–2 - T’uf Shur Bien Preservation Trust Area

16 U.S. Code § 539m–3 - Pueblo rights and interests in the Area

16 U.S. Code § 539m–4 - Limitations on Pueblo rights and interests in the Area

16 U.S. Code § 539m–5 - Management of the Area

16 U.S. Code § 539m–6 - Jurisdiction over the Area

16 U.S. Code § 539m–7 - Subdivisions and other property interests

16 U.S. Code § 539m–8 - Extinguishment of claims

16 U.S. Code § 539m–9 - Construction

16 U.S. Code § 539m–10 - Judicial review

16 U.S. Code § 539m–11 - Provisions relating to contributions and land exchange

16 U.S. Code § 539m–12 - Authorization of appropriations

§ 539n - Crystal Springs Watershed Special Resources Management Unit

§ 539o - Ancient Bristlecone Pine Forest

§ 661 - Declaration of purpose; cooperation of agencies; surveys and investigations; donations

§ 662 - Impounding, diverting, or controlling of waters

§ 663 - Impoundment or diversion of waters

§ 664 - Administration; rules and regulations; availability of lands to State agencies

§ 665 - Investigations as to effect of sewage, industrial wastes; reports

§ 665a - Maintenance of adequate water levels in upper Mississippi River

§ 666 - Authorization of appropriations

§ 666a - Penalties

§ 666b - Definitions

§ 666c - Applicability to Tennessee Valley Authority

§ 760c - Studies; authorization of appropriations

§ 760g - Authorization of appropriations for migratory game fish study

§ 797 - General powers of Commission

§ 1456 - Coordination and cooperation

U.S. Code: Title 43 - PUBLIC LANDS
Statutes at Large
Public Laws