Existing rights, etc., protected. under. SEC. 23. [As amended August 26, 1935]. (a) The provisions of this Part shall not be construed as affecting any permit or valid existing right-of-way heretofore granted or as confirming or otherwise affecting any claim, or as affecting any authority heretofore given pursuant to law, but any person, association, corporation, State, or municipality holding or possessing such permit, right-of-way, Issue of licenses or authority may apply for a license hereunder, and upon such application the Commission may issue to any such applicant a license in accordance with the provisions of this Part and in such case the provisions of this Act shall apply to such applicant as a licensee hereunder: Provided, That when application is made for a license under this section for a project or projects already constructed the fair value of said project or projects determined as provided in this section, shall for the purposes of this Part and of said license be deemed to be the amount to be allowed as the net investment of the applicant in such project or projects as of the date of such license, or as of the date of such determination, if license Method of deter- has not been issued. Such fair value shall be determined by the Commission after notice and opportunity for hearing. Proviso. Valuation of project. mining. other than navigable waters. License required if interests of commerce af (b) 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 incidenDams, etc., over tal 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 (infected thereby. cluding 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 Act. 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 herein 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 pro posed 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 Act. If the Commission shall not so find, and if no public lands or reservations are affected, per- Permission if not mission is hereby granted to construct such dam or other merce. project works in such stream upon compliance with State laws. affecting com projects reserved office. SEC. 24. [As amended August 26, 1935.] Any lands Lands within of the United States included in any proposed project from entry, etc. under the provisions of this Part shall from the date of filing of application therefor be reserved from entry, location, or other disposal under the laws of the United States until otherwise directed by the Commission or by Congress. Notice that such application has been Notice to land made, together with the date of filing thereof and a description of the lands of the United States affected thereby, shall be filed in the local land office for the district in which such lands are located. Whenever the Commission shall determine that the value of any lands of the United States so applied for, or heretofore or hereafter reserved or classified as power sites, will not be injured or destroyed for the purposes of power development by location, entry, or selection under the public land laws, the Secretary of the Interior, upon notice of such determination, shall declare such lands open to location, entry, or selection, for such purpose or pur- Entry, etc., perposes and under such restrictions as the Commission may determine, subject to and with a reservation of the right of the United States or its permittees or licensees to enter upon, occupy, and use any part or all of said lands necessary, in the judgment of the Commission, for the purposes of this Part, which right shall be expressly reserved in every patent issued for such lands; and no claim or right to compensation shall accrue from the occupation or use of any of said lands for said purposes. The United States or any licensee for any such lands hereunder may enter thereupon for the purposes of this Part, upon payment of any damages to Payment for crops, buildings, or other improvements caused thereby etc. mitted, subject to power reservation. damage to crops, Proviso. Former locations, etc., not impaired. Equity proceedings for revoking licenses, etc. District courts have jurisdiction. to the owner thereof, or upon giving a good and sufficient bond to the United States for the use and benefit of the owner to secure the payment of such damages as may be determined and fixed in an action brought upon the bond in a court of competent jurisdiction, said bond to be in the form prescribed by the Commission: Provided, That locations, entries, selections, or filings heretofore made for lands reserved as water-power sites, or in connection with water-power development, or electrical transmission may proceed to approval or patent under and subject to the limitations and conditions in this section contained. SEC. 25. [Repealed August 26, 1935.] SEC. 26. That the Attorney General may, on request of the commission or of the Secretary of War, institute proceedings in equity in the district court of the United States in the district in which any project or part thereof is situated for the purpose of revoking for violation of its terms any permit or license issued hereunder, or for the purpose of remedying or correcting by injunction, mandamus, or other process any act of commission or omission in violation of the provisions of this Act or of any lawful regulation or order promulgated hereunder. The district courts shall have jurisdiction over all of the above-mentioned proceedings and shall have power to issue and execute all necessary process and to make and enforce all writs, orders, and decrees to compel compliance with the lawful orders and regulations of the commission and of the Secretary of War, and to compel the performance of any condition imposed under the provisions of this Act. In the event a decree revoking a license is entered, the court is empowered to sell the whole or any part of the project or projects under license, to wind up the business of such licensee conducted in connection with such project or projects, to distribute the proceeds to the parties entitled to the same, and to make and enforce such further orders and decrees as equity and justice may require. At such sale or sales the vendee sume obligations shall take the rights and privileges belonging to the licensee and shall perform the duties of such licensee and assume all outstanding obligations and liabilities of the licensee which the court may deem equitable in the premises; and at such sale or sales the United States may become a purchaser, but it shall not be required to pay a Court may sell project. Vendee to take rights and asof licensee. greater amount than it would be required to pay under the provisions of section 14 hereof at the termination of the license. affected. SEC. 27. That nothing herein contained shall be con- State laws not strued as affecting or intending to affect or in any way to interfere with the laws of the respective States relating to the control, appropriation, use, or distribution of water used in irrigation or for municipal or other uses, or any vested right acquired therein. amend, or repeal SEC. 28. That the right to alter, amend, or repeal this Right to alter, Act is hereby expressly reserved; but no such alteration, Act reserved. amendment, or repeal shall affect any license theretofore issued under the provisions of this Act, or the rights of any licensee thereunder. repealed. granted to San affected. SEC. 29. That all Acts or parts of Acts inconsistent Inconsistent Acts with this Act are hereby repealed: Provided, That noth- Proviso-Rights ing herein contained shall be held or construed to modify Francisco not or repeal any of the provisions of the Act of Congress approved December 19, 1913, granting certain rights of way to the city and county of San Francisco, in the State of California: Provided further, That section 18 of an Proviso-Sec. 18, Act making appropriations for the construction, repair, 1917, repealed. and preservation of certain public works on rivers and harbors, and for other purposes, approved August 8, 1917, is hereby repealed. SEC. 30. [Repealed August 26, 1935.*] Act of Aug. 8, 2 Sections 212 and 213 of the Public Utility Act of 1935 approved August 26, 1935, read as follows: "SEC. 212. Sections 1 to 29, inclusive, of the Federal Water Power Act, as amended, shall constitute Part I of that Act, and sections 25 and 30 of such Act, as amended, are repealed: Provided, That nothing in that Act, as amended, shall be construed to repeal or amend the provisions of the amendment to the Federal Water Power Act approved March 3, 1921 (41 Stat. 1353), or the provisions of any other Act relating to national parks and national monuments. "SEC. 213. The Federal Water Power Act, as amended, is further amended by adding thereto the following parts: " Declaration of policy. Application of PART II-REGULATION OF ELECTRIC UTIL- COMMERCE DECLARATION OF POLICY; APPLICATION OF PART; DEFINITIONS SECTION 201. (a) It is hereby declared that the business of transmitting and selling electric energy for ultimate distribution to the public is affected with a public interest, and that Federal regulation of matters relating Part to transmis to generation to the extent provided in this Part and the interstate in Part next following and of that part of such business which consists of the transmission of electric energy in Wholesale sale of interstate commerce and the sale of such energy at wholesale in interstate commerce is necessary in the public interest, such Federal regulation, however, to extend only no State provi- to those matters which are not subject to regulation by merce. energy. com Regulation by sion therefor. Exportation of hydroelectric energy. Commission. the States. (b) The provisions of this Part shall apply to the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce, but shall not apply to any other sale of electric energy or deprive a State or State commission of its lawful authority now exercised over the exportation of hydroelectric energy which is transmitted across a Jurisdiction of State line. The Commission shall have jurisdiction over all facilities for such transmission or sale of electric energy, but shall not have jurisdiction, except as specifically provided in this Part and the Part next following, Commission has over facilities used for the generation of electric energy or over facilities used in local distribution or only for the transmission of electric energy in intrastate commerce, or over facilities for the transmission of electric energy consumed wholly by the transmitter. no jurisdiction over generating facilities, etc. What constitutes "interstate transmission." 26 (c) For the purpose of this Part, electric energy shall be held to be transmitted in interstate commerce if transmitted from a State and consumed at any point outside thereof; but only insofar as such transmission takes place within the United States. |