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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
Discriminatory, hereby prohibited and declared to be unlawful; and commission to whenever any of the States directly concerned has not there iprovided 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, pr Procedure and 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.
Valuation of In any valuation of the property of any licensee here- property for rate under for purposes of rate making, no value shall be making 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.
Securing dam Sec. 21. That when any licensee can not acquire by con- sites, etc.. tract or pledges an unimproved dam site or the right to dohain. 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
provement which in the judgment of the commission is desirable and justified in the public interest for the purpose 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 juris
diction of cases when the amount claimed by the owner Contracts for
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 comIssue of li mission may issue to any such applicant a license in accensed under.
cordance with the provisions of this Act, and in such case
the provisions of this Act shall apply to such applicant Proriso. 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 termining.
may, in the discretion of the commission, be determined by mutual agreement between the commission and the
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 thatonave municipality intending to construct a dam or other proj-gable waters. ect works across, along, over, or in any stream or part quired it interthereof, 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 it 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.
Lands within Sec. 24. That any lands of the United States included
projects reserved 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, ervation. 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 censee for any such lands hereunder may enter thereupon etc.
for the purposes of this Act, upon payment of any damages to crops, buildings, or other improvements caused thereby 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: Protions, etc., not rided, That locations, entries, selections, or filings hereimpaired.
tofore 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. Penalty for vio
Sec. 25. That any licensee, or any person, who shall lations by licen
willfully fail or who shall refuse to comply with any of the provisions of this Act, or with any of the conditions made a part of any license issued hereunder, or with any subpæna of the commission, or with any regulation or lawful order of the commission, or of the Secretary of War, or of the Secretary of Commerce as to fish ways, issued or made in accordance with the provisions of this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall, in the discretion of the court,
be punished by a fine of not exceeding $1,000, in addiContinuing of- tion to other penalties herein prescribed or provided by fenses.
law; and every month any such licensee or any such person shall remain in default after written notice from the commission, or from the Secretary of War, or from the Secretary of Commerce, shall be deemed a new and
separate offense punishable as aforesaid. Equity proceed Sec. 26. That the Attorney General may, on request ings for revoking licenses, etc. 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 Correcting vio. for the purpose of remedying or correcting by injunclations.
tion, 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 Jurisdiction of hereunder. The district courts shall have jurisdiction district courts.
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 Sale, etc., on the provisions of this Act. In the event a decree revokrevocation of li
ing 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
United States the
gation, etc., laws
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 shall take the rights and privileges Rights, ete., to 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 Payment if United States may become a purchaser, but it shall not purchaser. be required to pay a greater amount than it would be required to pay under the provisions of section 14 hereof at the termination of the license. Sec. 27. That nothing herein contained shall be con
State irrigastrued as affecting or intending to affect or in any way not affected. 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.
SEC. 28. That the right to alter, amend, or repeal this Amendments, , Act is hereby expressly reserved; but no such alteration, amendment, or repeal shall affect any license theretofore licenses. issued under the provisions of this Act, or the rights of any licensee thereunder. SEC. 29. That all Acts or parts of Acts inconsistent Inconsistent
laws repealed. with this Act are hereby repealed: Provided, That nothing herein contained shall be held or construed to water supply not modify or repeal any of the provisions of the Act of affected. 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 Act making appropriations for the con- ished. struction, repair, and preservation of certain public repealed. works on rivers and harbors, and for other purposes, approved August 8, 1917, is hereby repealed. Sec. 30. That the short title of this Act shall be " The
Title of act. Federal Water Power Act."
Approved, June 10, 1920 (41 Stat. 1063).
Vol. 38, 242.
Waterways Commission abol.
Vol. 40, p. 269,
Concurrent Res. olution, p. 9.
An Act To amend an Act entitled "An Act to create a Federal Power
Commission; to provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the river and harbor appropriation Act, approved August 8, 1917, and for other purposes," approved June 10, 1920.
Federal Water Power Act.
Bè it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter no permit, license, lease, or authorization for dams, conduits, reservoirs, power houses, No permits for transmission lines, or other works for storage or carriage national parks of of water, or for the development, transmission, or utili- monuments with zation of power, within the limits as now constituted of thority of conany national park or national monument shall be granted gress.