---
kind: "section"
citation: "18 C.F.R. § 16.14"
title: "18"
number: "16.14"
heading: "Departmental recommendation for takeover."
url: "https://uscodex.org/cfr/18/16.14"
---

# §16.14. Departmental recommendation for takeover.

- (a) A Federal department or agency may file a recommendation that the United States exercise its right to take over a hydroelectric power project with a license that is subject to sections [14](/cfr/18/14.md) and [15](/cfr/18/15.md) of the Federal Power Act. The recommendation must:
  - (1) Be filed no earlier than five years before the license expires and no later than the end of the comment period specified by the Commission in:
    - (i) A notice of application for a new license, a nonpower license, or an exemption for the project; or
    - (ii) A notice of an amendment to an application for a new license, a nonpower license, or an exemption;
  - (2) Be filed in accordance with the formal requirements for filings in [subpart T of part 385](/cfr/18/part385-subpartT.md) of the Commission's regulations and be served on each relevant Federal and state resource agency, all applicants for new license, nonpower license or exemption, and any other party to the proceeding;
  - (3) Specify the project works that would be taken over by the United States;
  - (4) Describe the proposed Federal operation of the project, including any plans for its redevelopment, and discuss the manner in which takeover would serve the public interest as fully as non-Federal development and operation;
  - (5) State whether the agency intends to undertake the operation of the project; and
  - (6) Include the information required by §§ [4.41](/cfr/18/4.41.md), [4.51](/cfr/18/4.51.md), or [4.61](/cfr/18/4.61.md) of this chapter, as appropriate.
- (b) **A department or agency that files a takeover recommendation becomes a party to the proceeding.**
- (c) An applicant or potential applicant for a new license, a nonpower license, or an exemption that involves a takeover recommendation may file a reply to the recommendation, within 120 days from the date the takeover recommendation is filed with the Commission. The reply must be filed with the Commission in accordance with [part 385](/cfr/18/part385.md) of the Commission's regulations and a copy of such a reply must be served on the agency recommending the takeover and on any other party to the proceeding.

## Notes

### Authority

Authority: 16 U.S.C. 791a-825r, 2601-2645; 42 U.S.C. 7101-7352.

### Source

Source: Order 513, 54 FR 23806, June 2, 1989, unless otherwise noted.