---
kind: "section"
citation: "16 U.S.C. § 836"
title: "16"
title_heading: "Conservation"
number: "836"
heading: "Authorization to license construction and operation; licensing conditions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/836"
units:
  - "Chapter 12E — Niagara Power Project"
---

# §836. Authorization to license construction and operation; licensing conditions

- (a) The Federal Energy Regulatory [Commission](/usc/16/544.md?p=c) is expressly authorized and directed to issue a license to the Power Authority of the [State](/usc/16/590q.md?p=a) of New York for the construction and operation of a power [project](/usc/16/410r–5.md?p=c-4) with capacity to utilize all of the United States share of the water of the Niagara River permitted to be used by international agreement.
- (b) The Federal Energy Regulatory [Commission](/usc/16/544.md?p=c) shall include among the licensing conditions, in [addition](/usc/16/410r–5.md?p=c-2) to those deemed necessary and required under the terms of the Federal Power Act [[16 U.S.C. 791a](/usc/16/791a.md) et seq.], the following:
  - (1) In order to assure that at least 50 per centum of the [project](/usc/16/410r–5.md?p=c-4) power shall be available for sale and distribution primarily for the benefit of the people as consumers, particularly domestic and rural consumers, to whom such power shall be made available at the lowest rates reasonably possible and in such manner as to encourage the widest possible use, the licensee in disposing of 50 per centum of the [project](/usc/16/410r–5.md?p=c-4) power shall give preference and priority to public bodies and nonprofit cooperatives within economic transmission distance. In any case in which [project](/usc/16/410r–5.md?p=c-4) power subject to the preference provisions of this paragraph is sold to utility companies organized and administered for profit, the licensee shall make flexible arrangements and contracts providing for the withdrawal upon reasonable notice and fair terms of enough power to meet the reasonably foreseeable needs of the preference customers.
  - (2) The licensee shall make a reasonable portion of the [project](/usc/16/410r–5.md?p=c-4) power subject to the preference provisions of paragraph (1) of this subsection available for use within reasonable economic transmission distance in neighboring [States](/usc/16/544.md?p=r), but this paragraph shall not be construed to require more than 20 per centum of the [project](/usc/16/410r–5.md?p=c-4) power subject to such preference provisions to be made available for use in such [States](/usc/16/544.md?p=r). The licensee shall cooperate with the appropriate agencies in such [States](/usc/16/544.md?p=r) to insure compliance with this requirement. In the event of disagreement between the licensee and the power-marketing agencies of any of such [States](/usc/16/544.md?p=r), the Federal Energy Regulatory [Commission](/usc/16/544.md?p=c) may, after public hearings, determine and fix the applicable portion of power to be made available and the terms applicable thereto: Provided, That if any such [State](/usc/16/590q.md?p=a) shall have designated a bargaining agency for the procurement of such power on behalf of such [State](/usc/16/590q.md?p=a), the licensee shall deal only with such agency in that [State](/usc/16/590q.md?p=a). The arrangements made by the licensee for the sale of power to or in such [States](/usc/16/544.md?p=r) shall include observance of the preferences in paragraph (1) of this subsection.
  - (3) The licensee shall contract, with the approval of the Governor of the [State](/usc/16/590q.md?p=a) of New York, pursuant to the procedure established by New York law, to sell to the licensee of Federal Energy Regulatory [Commission](/usc/16/544.md?p=c) [project](/usc/16/410r–5.md?p=c-4) 16 for a period ending not later than the final maturity date of the bonds initially issued to finance the [project](/usc/16/410r–5.md?p=c-4) works herein specifically authorized, four hundred and forty-five thousand kilowatts of the remaining [project](/usc/16/410r–5.md?p=c-4) power, which is equivalent to the amount produced by [project](/usc/16/410r–5.md?p=c-4) 16 prior to June 7, 1956, for resale generally to the industries which purchased power produced by [project](/usc/16/410r–5.md?p=c-4) 16 prior to such date, or their successors, in order as nearly as possible to restore low power costs to such industries and for the same general purposes for which power from [project](/usc/16/410r–5.md?p=c-4) 16 was utilized: Provided, That the licensee of [project](/usc/16/410r–5.md?p=c-4) 16 consents to the surrender of its license at the completion of the construction of such [project](/usc/16/410r–5.md?p=c-4) works upon terms agreed to by both licensees and approved by the Federal Energy Regulatory [Commission](/usc/16/544.md?p=c) which shall include the following: (a) the licensee of [project](/usc/16/410r–5.md?p=c-4) 16 shall waive and release any claim for compensation or damages from the Power Authority of the [State](/usc/16/590q.md?p=a) of New York or from the [State](/usc/16/590q.md?p=a) of New York, except just compensation for tangible property and rights-of-way actually taken, and (b) without limiting the generality of the foregoing, the licensee of [project](/usc/16/410r–5.md?p=c-4) 16 shall waive all claims to compensation or damages based upon loss of or damage to riparian rights, diversionary rights, or other rights relating to the diversion or use of water, whether founded on legislative grant or otherwise.
  - (4) The licensee shall, if available on reasonable terms and conditions, [acquire](/usc/16/620e.md?p=1) by purchase or other agreement, the ownership or use of, or if unable to do so, construct such transmission lines as may be necessary to make the power and energy generated at the [project](/usc/16/410r–5.md?p=c-4) available in wholesale quantities for sale on fair and reasonable terms and conditions to privately owned companies, to the preference customers enumerated in paragraph (1) of this subsection, and to the neighboring [States](/usc/16/544.md?p=r) in accordance with paragraph (2) of this subsection.
  - (5) In the event [project](/usc/16/410r–5.md?p=c-4) power is sold to any purchaser for resale, contracts for such sale shall include adequate provisions for establishing resale rates, to be approved by the licensee, consistent with paragraphs (1) and (3) of this subsection.
  - (6) The licensee, in cooperation with the appropriate agency of the [State](/usc/16/590q.md?p=a) of New York which is concerned with the development of [parks](/usc/16/410r–5.md?p=c-3) in such [State](/usc/16/590q.md?p=a), may construct a scenic drive and [park](/usc/16/410r–5.md?p=c-3) on the American side of the Niagara River, near the Niagara Falls, pursuant to a plan the general outlines of which shall be approved by the Federal Energy Regulatory [Commission](/usc/16/544.md?p=c); and the cost of such drive and [park](/usc/16/410r–5.md?p=c-3) shall be considered a part of the cost of the power [project](/usc/16/410r–5.md?p=c-4) and part of the licensee’s net investment in said [project](/usc/16/410r–5.md?p=c-4): Provided, That the maximum part of the cost of such drive and [park](/usc/16/410r–5.md?p=c-3) to be borne by the power [project](/usc/16/410r–5.md?p=c-4) and to be considered a part of the licensee’s net investment shall not exceed $15,000,000.
  - (7) The licensee shall pay to the United States and include in its net investment in the [project](/usc/16/410r–5.md?p=c-4) herein authorized the United States share of the cost of the construction of the remedial works, including engineering and economic investigations, undertaken in accordance with article II of the treaty between the United States of America and Canada concerning uses of the waters of the Niagara River signed February 27, 1950, whenever such remedial works are constructed.

## Source credit

(Pub. L. 85–159, § 1, Aug. 21, 1957, 71 Stat. 401; Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583.)

## Notes

### Editorial Notes

### References in Text

The Federal Power Act, referred to in subsec. (b), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.

### Statutory Notes and Related Subsidiaries

### Transfer of Functions

“Federal Energy Regulatory Commission” substituted in text for “Federal Power Commission” pursuant to Pub. L. 95–91, § 402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare.

The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.