and surveys provided for in this Act or any other Acts of Congress, to be prosecuted by the said Federal Power Commission. [Italics added] Approved, June 28, 1938 (52 Stat. 1215). FLOOD CONTROL ACT OF 1939 [Extract from] [Public, No. 396, 76th Congress] (H. R. 6634) An Act Amending previous flood-control Acts, and authorizing certain preliminary examinations and surveys for flood control, and for other purposes. * SEC. 6. The Secretary of War is hereby authorized and directed to cause to be performed under the supervision of the Chief of Engineers preliminary examinations and surveys for flood control, including floods aggravated by or due to tidal effect, at the following-named localities, and the Secretary of Agriculture is authorized and directed to cause preliminary examinations and surveys for run-off and water-flow retardation and soil-erosion prevention on the watersheds of such localities; the cost thereof to be paid from appropriations heretofore or hereafter made for such purposes: Provided, That the surveys authorized to be performed under the direction of the Secretary of War as well as all duties performed by the Chief of Engineers under the direction of the Secretary of War shall be functions of the Engineer Corps, United States Army, and its head, to be administered under the direction of the Secretary of War and the supervision of the Chief of Engineers except as otherwise Jurisdiction of specifically provided by Congress: Provided, That the set forth in power and authority conferred by the Flood Control Act Act of 1938 preof June 28, 1938, and previously conferred, upon the Federal Power Commission, shall remain in full force and effect: Provided, That no preliminary examination, survey, project, or estimate for new works other than those designated in this or some prior Act or joint resolution shall be made: Provided further, That after the regular or formal reports made as required by law on any examination, survey, project, or work under way or proposed, are submitted, no supplemental or additional report or estimate shall be made unless authorized by law: And pro Commission as Flood Control served. vided further, That the Government shall not be deemed to have entered upon any project for the improvement of any waterway or harbor mentioned in this Act until the project for the proposed work shall have been adopted by law: (Subsequent portions of the Act enumerate many surveys to be undertaken.) [Italics added] Approved, August 11, 1939 (53 Stat. 1414). EXECUTIVE ORDER [No. 8202] AUTHORIZING AND REQUESTING THE FEDERAL POWER COMMISSION TO PERFORM CERTAIN FUNCTIONS RELATING TO THE TRANSMISSION OF ELECTRIC ENERGY BETWEEN THE UNITED STATES AND FOREIGN COUNTRIES AND TO THE EXPORTATION AND IMPORTATION OF NATURAL GAS FROM AND INTO THE UNITED STATES By virtue of the authority vested in me as President of the United States, and as an aid in effectuating the provisions of the Federal Power Act, approved August 26, 1935 (49 Stat. 838), and the Natural Gas Act, approved June 21, 1938 (52 Stat. 821), I hereby authorize and request the Federal Power Commission (1) to receive all applications for permits for the construction, operation, maintenance, or connection, at the borders of the United States, of facilities for the transmission of electric energy between the United States and foreign countries, and for the exportation and importation of natural gas to or from foreign countries, and (2), after obtaining the recommendations of the Secretary of State and the Secretary of War thereon, to submit each such application to the President with a recommendation as to whether the permit applied for should be granted, and if so, upon what terms and conditions. The Federal Power Commission may prescribe such regulations not inconsistent herewith as it may deem necessary or desirable for carrying out the provisions of this order. THE WHITE HOUSE, July 13, 1939. FRANKLIN D. ROOSEVELT. 301 (a) Licensees and public utilities to make, keep, and pre- serve---- 37 301 (c). 4 (b), 301 Act: 28_ 314. Of companies that control licensees and public utilities. Willful obstruction to making, filing, or keeping of____ Amendment or repeal of, effect upon licenses. 38 5, 37 40 25 48 26... Violation of provisions of, by licensee or permittee, 208 (a). 3 (13) 4 (b) 4 (b) 14. 10 (b). 4 (b) Commission approval. Cost of.. 4 (b) 3 (13) 208 (b). Judgments in, subject to review Jurisdiction of courts over.. Venue in Actual legitimate cost of property of public utilities....... Defined Determination of Statement of, to be filed with Secretary of Treasury_. Additions to project: Included in actual legitimate original cost. Included in net investment. Statement of cost of, to be filed with Commission_. 50 50 50 35 4 35 2 44 Section 6_ 4 (e), (f). Advertisement: Of applications for alteration or surrender of licenses.. Agency of a State. (See Municipality.) Agencies of United States. (See United States.) Of act, right of, reserved.. Of license upon mutual agreement_ Page 9 6, 8 28. 6_ 10 (b) Of project, only upon Commission approval_ 4, 11 25 4 (e), (f), 6__ 7 (a). 309 24_ 203 (a), (b)-- Annual license, when and how issued.. Appearance, willful failure to make, penal offense. Ability of, to carry out plan_ For license must show compliance with State laws Applications: Advertising of, for power permit or license_ By States and municipalities, preference given to...--- Filing of, for permit or license, reserves public lands__ For issuance of security; assumption of liability- For license by holder of permit or right-of-way under General requirements of, for license_ Notice of, for permit or license, to local land office____ 205 (d). Appraisal: 16 49 9 6 10 Section 9 (b) ____ Appropriation of water: Applicant must show compliance with requirement of State laws concerning--- State laws relating to, not affected by act__. Construction of project in waters over which Congress 27. Approval by Commission: 23 (b) ----- 203_ 202 (d)_ purchase of securities. Interconnection of facilities. Page 10 25 Disposition of property, mergers, consolidations, and 10 (a), (b)--- Maps, plans and specifications for project and altera- tions thereto___. 10, 11 Association. (See Corporation.) Assumption of obligation or liability: Conflict of jurisdiction concerning. 310, 314 (c). Attorneys, Commission may employ- 307 (d)_____ Attorney or counsel of record not authorized to take deposi- tion____ 51 30 45, 49 42 Reference of cases to, for failure of licensee to complete 15 Reference of cases to, for violation of terms of license or 24 Reference of cases to, for institution of criminal pro- 48 9 (b)------- Banks and beds of streams, applicant for license, must show Business, right to engage in, applicant must show compliance 10 Business trust. (See Corporation.) 311. Capacity and output, information concerning, to be kept 305 (a). --- Capital accounts, dividends not to be paid out of... 20_ Capital expenditures included in valuation of property for 20 204 (d). 204 (e) Capitalization in excess of consideration paid, prohibited__ 197437°-40- -7 31 31 |