« ForrigeFortsett »
ditions of the original license until the property is taken over or a new license is issued as a foresaid.
Sec. 16. That when in the opinion of the President of Temporary pos. the United States, evidenced by a written order addressed by the to the holder of any license hereunder, the safety of the ment for
tary, etc., uses. United States demands it, the United States shall have the right to enter upon and take possession of any project, or part thereof, constructed, maintained, or operated under said license, for the purpose of manufacturing nitrates, explosives, or munitions of war, or for any other purpose involving the safety of the United States, to retain possession, management, and control thereof for such length of time as may appear to the President to be necessary to accomplish said purposes, and then to restore possession and control to the party or parties entitled thereto; and in the event that the United States shall exercise such right it shall pay to the party or parties entitled thereto just and fair compensation for the use of said property as may be fixed by the commission upon the basis of a reasonable profit in time of peace, Basis of comand the cost of restoring said property to as good con- pensation. dition as existed at the time of the taking over thereof, less the reasonable value of any improvements that may be made thereto by the United States and which are valuable and serviceable to the licensee.
SEC. 17. That all proceeds from any Indian reservation shall be placed to the credit of the Indians of such reser- lands.
Disposition of vation. All other charges arising from licenses here- all other. under shall be paid into the Treasury of the United States, subject to the following distribution: Twelve ous receipts. and one-half per centum thereof is hereby appropriated to be paid into the Treasury of the United States and credited to “Miscellaneous receipts"; 50 per centum of the charges arising from licenses hereunder for the occupancy and use of public lands, national monuments, lands, etc. national forests, and national parks shall be paid into, reserved, and appropriated as a part of the reclamation fund created by the Act of Congress known as the Reclamation Act, approved June 17, 1902; and 374 per centum of the charges arising from licenses hereunder for the occupancy and use of national forests, national parks, public lands, and national monuments, from development within the boundaries of any State shall be paid by the Secretary of the Treasury to such State; and 50 per centum of the charges arising from all other licenses. licenses hereunder is hereby reserved and appropriated as a special fund in the Treasury to be expended under igation improve the direction of the Secretary of War in the maintenance ment fund. and operation of dams and other navigation structures owned by the United States or in the construction, maintenance, or operation of headwater or other improvements of navigable waters of the United States.
To reclamation fund.
Vol. 32, p. 388.
From all other etc.
Public service licensees,
Navigation fa. Seo. 18. That the operation of any navigation facilicilities subject to regulation, etc.
, ties which may be constructed as a part of or in connecby Secretary of War.
tion with any dam or diversion structure built under the provisions of this Act, whether at the expense of a licensee hereunder or of the United States, shall at all times be controlled by such reasonable rules and regulations in the interest of navigation, including the control of the level of the pool caused by such dam or diversion
structure as may be made from time to time by the SecreMaintenance of tary of War. Such rules and regulations may include lights, fishways,
the maintenance and operation by such licensee at its own expense of such lights and signals as may be directed by the Secretary of War, and such fishways as may be
prescribed by the Secretary of Commerce; and for willPenalty for ful failure to comply with any such rule or regulation noncompliance.
such licensee shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 25 hereof.
Sec. 19. That as a condition of the license, every litions to control. censee hereunder which is a public-service corporation,
or a person, association, or corporation owning or operating any project and developing, transmitting, or distributing power for sale or use in public service, shall abide by such reasonable regulation of the services to be rendered to customers or consumers of power, and of rates and charges of payment therefor, as may from time to time be prescribed by any duly constituted agency
of the State in which the service is rendered or the rate Regulation by Commission, if no charged. That in case of the development, transmisprovision sion, or distribution, or use in public service of power by
any licensee hereunder or by its customer engaged in public service within a State which has not authorized and empowered a commission or other agency or agencies within said State to regulate and control the services to be rendered by such licensee or by its customer engaged in public service, or the rates and charges of payment therefor, or the amount or character of securities to be issued by any of said parties, it is agreed as a condition of such license that jurisdiction is hereby. conferred upon the commission, upon complaint of any person aggrieved or upon its own initiative, to exercise such regulation and control until such time as the State
shall have provided a commission or other authority for Proriso.
To cease when such regulation and control: Provided, That the jurisState provision diction of the commission shall cease and determine as
to each specific matter of regulation and control prescribed in this section as soon as the State shall have provided a commission or other authority for the regula
tion and control of that specific matter. Reas o nable,
SEC. 20. That when said power or any part thereof power used in in shall enter into interstate or foreign commerce the rates
charged and the service rendered by any such licensee, or by any subsidiary corporation, the stock of which is owned or controlled directly or indirectly by such li.
etc., rates for
Discriminatory, etc., unlawful.
censee, or by any person, corporation, or association purchasing power from such licensee for sale and distribution or use in public service shall be reasonable, nondiscriminatory, and just to the customer and all unreasonable discriminatory and unjust rates or services are hereby prohibited and declared to be unlawful; and Commission to whenever any of the States directly concerned has not thority provided provided a commission or other authority to enforce by State. the requirements of this section within such State or to regulate and control the amount and character of securities to be issued by any of such parties or such States are unable to agree through their properly constituted authorities on the services to be rendered or on the rates or charges of payment therefor, or on the amount or character of securities to be issued by any of said parties, jurisdiction is hereby conferred upon the commission, upon complaint of any person aggrieved, upon the request of any State concerned, or upon its own initiative to enforce the provisions of this section, to regulate and control so much of the services rendered, and of the rates and charges of payment therefor as constitute interstate or foreign commerce and to regulate the issuance of securities by the parties included within this section, and securities issued by the licensee subject to such regulations shall be allowed only for the bona fide purpose of financing and conducting the business of such licensee.
The administration of the provisions of this section, practice to com so far as applicable, shall be according to the procedure form with Inter and practice in fixing and regulating the rates, charges, and practices of railroad companies as provided in the Vol. 24, p. 379. Act to regulate commerce, approved February 4, 1887, as amended, and that the parties subject to such regulation shall have the same rights of hearing, defense, and review as said companies in such cases.
In any valuation of the property of any licensee here- property for rate under for purposes of rate making, no value shall be making limitad. claimed by the licensee or allowed by the commission for any project or projects under license in excess of the value or values prescribed in section 14 hereof for the purposes of purchase by the United States, but there shall be included the cost to such licensee of the construction of the lock or locks or other aids of navigation and all other capital expenditures required by the United States, and no value shall be claimed or allowed for the rights granted by the commission or by this Act.
Sec. 21. That when any licensee can not acquire by con- sites: tract or pledges an unimproved dam site or the right to risht eminent use or damage the lands or property of others necessary to the construction, maintenance, or operation of any dam, reservoir, diversion structure, or the works appurtenant or accessory thereto, in conjunction with an im
Securing dam Contracts
provement which in the judgment of the commission is desirable and justified in the public interest for the pur. pose of improving or developing a waterway or waterways for the use or benefit of interstate or foreign com
merce, it may acquire the same by the exercise of the Jurisdiction of Federal courts.. right of eminent domain in the district court of the
United States for the district in which such land or other property may be located, or in the State courts. The practice and procedure in any action or proceeding for that purpose in the district court of the United States shall conform as nearly as may be with the practice and
procedure in similar action or proceeding in the courts Proviso. Amount re- of the State where the property is situated : Provided, quired.
That United States district courts shall only have jurisdiction of cases when the amount claimed by the owner
of the property to be condemned exceeds $3,000. service beyond Sec. 22. That whenever the public interest requires or term of license, permitted.
justifies the execution by the licensee of contracts for the sale and delivery of power for periods extending beyond the date of termination of the license, such contracts may be entered into upon the joint approval of the commission and of the public service commission or other similar authority in the State in which the sale or delivery
of power is made, or if sold or delivered in a State which Approval required, etc. has no such public service commission, then upon the ap
proval of the commission, and thereafter, in the event of failure to issue a new license to the original licensee at the termination of the license, the United States or the new licensee, as the case may be, shall assume and fulfill
all such contracts. Existing rights, Sec. 23. That the provisions of this Act shall not be etc., protected.
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, or authority may apply for a
license hereunder, and upon such application the comleeue of li- mission may issue to any such applicant a license in accenses under.
cordance with the provisions of this Act, and in such case the provisions of this Act shall apply to such applicant
as a licensee hereunder: Provided, That when application Valuation of is made for a license under this section for a project or project.
projects already constructed, the fair value of said project or projects, determined as provided in this section, shall for the purposes of this Act 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 deterMethod of de- mination, if license has not been issued. Such fair value terinining.
may, in the discretion of the commission, be determined by mutual agreement between the commission and the
not affecting com.
applicant or, in case they can not agree, jurisdiction is hereby conferred upon the district court of the United States in the district within which such project or projects may be located, upon the application of either party, to hear and determine the amount of such fair value.
That any person, association, corporation, State, or other than ravi municipality intending to construct a dam or other proj-gable waters. ect works across, along, over, or in any stream or part quired it inter thereof, other than those defined herein as navigable ests of commerce waters, and over which Congress has jurisdiction under its authority to regulate commerce between foreign nations and among the several States, may in their discretion file declaration of such intention with the commission, whereupon the commission shall cause immediate investigation of such proposed 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 proceed with such construction 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 Permission if lands or reservations are affected, permission is hereby merce. granted to construct such dam or other project works in such stream upon compliance with State laws.
Sec. 24. That any lands of the United States included projects reservel in any proposed project under the provisions of this Act from entry, etc. 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 Notice to lard application has been 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 Entry, etc. of any lands of the United States so applied for, or here- fect to power restofore 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, 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 Act, 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 li- Payment for
damages to censee for any such lands hereunder may enter thereupon etc.