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FEDERAL POWER COMMISSION.

The SECRETARY OF WAR, Chairman,

The SECRETARY OF THE INTERIOR, The SECRETARY OF AGRICULTURE.

O. C. MERRILL, Executive Secretary.

HD
1694

.A47

1921

JURISDICTION OF THE FEDERAL POWER COMMISSION.

A. The commission has jurisdiction over all projects involving the construction, operation, and maintenance of dams, water conduits, reservoirs, power houses, transmission lines, or other project works for the development, transmission, and utilization of power (except as noted in paragraph B below) which affect

(a) Navigable waters of the United States, as defined in the Federal Water Power Act and in these regulations.

(b) Other waters of the United States over which Congress has jurisdiction under its authority to regulate commerce with foreign nations or among the several States, when the commission finds that the interests of interstate or foreign commerce will be affected. Anyone proposing to build a project on waters over which he considers the jurisdiction of the commission doubtful should file a Declaration of Intention under Regulation 7. The commission will thereupon make an investigation and determine whether the proposed project will affect the interests of interstate or foreign commerce. If the commission finds that such interests will be affected, the project comes under its jurisdiction and can not lawfully proceed except under permit or license issued by the commission. If the commission does not so find, the act authorizes the project to proceed upon compliance with State laws.

(c) Public lands or reservations,1 including lands for which patent has been issued with an express reservation therein under section 24 of the act, or for which locations, entries, selections, or filings have proceeded to approval or patent under and subject to the limitations and conditions contained in section 24 of the act.

B. Permits or valid rights of way granted prior to and existing on June 10, 1920, remain in force unaffected by the provisions of the Federal Water Power Act, but any person, association, corporation, State, or municipality holding or possessing any such permit, right of way, or authority may apply for a license under said act, and thereupon the provisions of the act will apply to the applicant as a licensee thereunder.

1 Except national monuments and national parks. See amendment to The Federal Water Power Act, page 76.

(5)

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