state or foreign commerce, including therein all such interrupting falls, shallows, or rapids, together with such other parts of streams as shall have been authorized by Congress for improvement by the United States or shall have been recommended to Congress for such improvement after investigation under its authority; [41 Stat. 1064; 49 Stat. 838; 16 U.S.C. 796 (8)] poses." (9) "municipal purposes" means and includes all "Municipal purpurposes within municipal powers as defined by the constitution or laws of the State or by the charter of the municipality; [41 Stat. 1064; 49 Stat. 838; 16 U.S.C. 796 (9)] "Government dam." (10) "Government dam" means a dam or other work constructed or owned by the United States for Government purposes with or without contribution from others; [41 Stat. 1064; 49 Stat. 838; 16 U.S.C. 796 (10)] (11) "project" means complete unit of improvement "Project." or development, consisting of a power house, all water conduits, all dams and appurtenant works and structures (including navigation structures) which are a part of said unit, and all storage, diverting, or forebay reservoirs directly connected therewith, the primary line or lines transmitting power therefrom to the point of junction with the distribution system or with the interconnected primary transmission system, all miscellaneous structures used and useful in connection with said unit or any part thereof, and all water rights, rights-of-way, ditches, dams, reservoirs, lands, or interest in lands the use and occupancy of which are necessary or appropriate in the maintenance and operation of such unit; [41 Stat. 1064; 49 Stat. 838-839; 16 U.S.C. 796 (11)] works." (12) "project works" means the physical structures "Project of a project; [41 Stat. 1064; 49 Stat. 839; 16 U.S.C. 796 (12)] ment." (13) "net investment" in a project means the actual "Net Investlegitimate original cost thereof as defined and interpreted in the "classification of investment in road and equipment of steam roads, issue of 1914, Interstate Commerce Commission", plus similar cost of additions thereto and betterments thereof, minus the sum of the following items properly allocated thereto, if and to the extent that such items have been accumulated during the period of the license from earnings "Cost." Items excluded. "Commission." "Commissioner." "State commission." "Security." Powers of To investigate, etc., water re in excess of a fair return on such investment: (a) Unappropriated surplus, (b) aggregate credit balances of current depreciation accounts, and (c) aggregate appropriations of surplus or income held in amortization, sinking fund, or similar reserves, or expended for additions or betterments or used for the purposes for which such reserves were created. The term "cost" shall include, insofar as applicable, the elements thereof prescribed in said classification, but shall not include expenditures from funds obtained through donations by States, municipalities, individuals, or others, and said classification of investment of the Interstate Commerce Commission shall insofar as applicable be published and promulgated as a part of the rules and regulations of the Commission; [41 Stat. 1064-1065; 49 Stat. 839; 16 U.S.C. 796 (13)] (14) "Commission" and "Commissioner" means the Federal Power Commission, and a member thereof, respectively; [49 Stat. 839; 16 U.S.C. 796(14)] (15) "State commission" means the regulatory body of the State or municipality having jurisdiction to regulate rates and charges for the sale of electric energy to consumers within the State or municipality; [49 Stat. 839; 16 U.S.C. 796 (15)] (16) "security" means any note, stock, treasury stock, bond, debenture, or other evidence of interest in or indebtedness of a corporation subject to the provisions of this Act. [49 Stat. 839; 16 U.S.C. 796 (16)] SEC. 4. [As amended August 26, 1935.] The Commission is hereby authorized and empowered— (a) To make investigations and to collect and record data concerning the utilization of the water resources of any region to be developed, the water power industry and its relation to other industries and to interstate or foreign commerce, and concerning the location, Use of Govern- capacity, development costs, and relation to markets sources, power industry, etc. ments etc. of power sites, and whether the power from Government dams can be advantageously used by the United States for its public purposes, and what is a fair value of such power, to the extent the Commission may deem necessary or useful for the purposes of this Act. [41 Stat. 1065; 49 Stat. 839; 16 U.S.C. 797 (a)] 7 (b) To determine the actual legitimate original cost of and the net investment in a licensed project, and to aid the Commission in such determinations, each licensee shall, upon oath, within a reasonable period of time to be fixed by the Commission, after the construction of the original project or any addition thereto or betterment thereof, file with the Commission, in such detail as the Commission may require, a statement in duplicate showing the actual legitimate original cost of construction of such project, addition, or betterment, and of the price paid for water rights, rights-of-way, lands, or interest in lands. The licensee shall grant to the Commission or to its duly authorized agent or agents, at all reasonable times, free access to such project, addition, or betterment, and to all maps, profiles, contracts, reports of engineers, accounts, books, records, and all other papers and documents relating thereto. The statement of actual legitimate original cost of said project, and revisions thereof as determined by the Commission, shall be filed with the Secretary of the Treasury. [41 Stat. 1065; 49 Stat. 839-840; 16 U.S.C. 797 (b)] Detailed state ments of cost of construction, etc., to be fur nished by licensees. Free access to project, records etc. To cooperate tions. (c) To cooperate with the executive departments with Federal or and other agencies of State or National Governments in investigain such investigations; and for such purpose the several departments and agencies of the National Government are authorized and directed upon the request of the Commission to furnish such records, papers, and information in their possession as may be requested by the Commission, and temporarily to detail to the Commission such officers or experts as may be necessary in such investigations. [41 Stat. 1065; 49 Stat. 840; 16 U.S.C. 797(c)] mation, etc. (d) To make public from time to time the informa- Publish infortion secured hereunder and to provide for the publication of its reports and investigations in such form and manner as may be best adapted for public information and use. The Commission, on or before the gress. 3d day of January of each year, shall submit to Congress Report to Confor the fiscal year preceding a classified report showing the permits and licenses issued under this Part, and in each case the parties thereto, the terms prescribed, "Not applicable to any project owned by a State or a municipality. See Act of August 15, 1953 (67 Stat. 587), infra p. 157. Issue licenses for improving navigation, developing water power, etc. Proviso. Restriction on use in reservations. Proviso. and the moneys received, if any, on account thereof. Such report shall contain the names and show the compensation of the persons employed by the Commission. [41 Stat. 1065; 46 Stat. 798; 49 Stat. 840; 16 U.S.C. 797 (d)] (e) To issue licenses to citizens of the United States, or to any association of such citizens, or to any corporation organized under the laws of the United States or any State thereof, or to any State or municipality for the purpose of constructing, operating, and maintaining dams, water conduits, reservoirs, power houses, transmission lines, or other project works necessary or convenient for the development and improvement of navigation and for the development, transmission, and utilization of power across, along, from or in any of the streams or other bodies of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States, or upon any part of the public lands and reservations of the United States (including the Territories), or for the purpose of utilizing the surplus water or water power from any Government dam, except as herein provided: Provided, That licenses shall be issued within any reservation only after a finding by the Commission that the license will not interfere or be inconsistent with the purpose for which such reservation was created or acquired, and shall be subject to and contain such conditions as the Secretary of the department under whose supervision such reservation falls shall deem necessary for the adequate protection and utilization of such reservation. Provided further, That no license affecting the navigable capacity of any navigable waters of the United States shall be issued until the plans of the dam or other structures affect 8 The act of Mar. 3, 1921 (41 Stat. 1353), reads as follows: "Be 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, transmission lines or other works for storage or carriage of water, or for the development, transmission, or utilization of power within the limits as now constituted of any national park or national monument shall be granted or made without specific authority of Congress, and so much of the Act of Congress approved June 10, 1920, 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, as authorizes licensing such uses of existing national parks and national monuments by the Federal Power Commission is hereby repealed." [See Appendix.] Approval of dams, etc., on waters. Use of Governpublic pur ment dams for ing navigation have been approved by the Chief of Engineers and the Secretary of the Army. Whenever the contemplated improvement is, in the judgment of navigable the Commission, 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 commerce, a finding to that effect shall be made by the Commission and shall become a part of the records of the Commission: Provided further, Proviso. That in case the Commission shall find that any Government dam may be advantageously used by the United States for public purposes in addition to navigation, no license therefor shall be issued until two years after it shall have reported to Congress the facts and conditions relating thereto, except that this provision shall not apply to any Government dam constructed prior to June 10, 1920: And provided further, That upon the filing of any application for a license which has not been preceded by a preliminary permit under subsection (f) of this section, notice shall be given and published as required by the proviso of said subsection. [41 Stat. 1065-1066; 49 Stat. 840-841; 61 Stat. 501; 16 U.S.C. 797 (e)] poses. Proviso. Notice of applipreliminary cation without permit. Issue prelimi nary permits to applicants. Notice thereof (f) To issue preliminary permits for the purpose of enabling applicants for a license hereunder to secure the data and to perform the acts required by section 9 hereof: Provided, however, That upon the filing of Proviso. any application for a preliminary permit by any person, association, or corporation the Commission, before granting such application, shall at once give notice of such application in writing to any State or to State etc. municipality likely to be interested in or affected by such application; and shall also publish notice of such Publish notice. application once each week for four weeks in a daily or weekly newspaper published in the county or counties in which the project or any part thereof or the lands affected thereby are situated. [41 Stat. 1066; 49 Stat. 841; 16 U.S.C. 797 (f)] (g) Upon its own motion to order an investigation of any occupancy of, or evidenced intention to occupy, for the purpose of developing electric power, public To investigate occupancy, etc., of lands, streams, etc., under jurisdiction of Con gress; to issue order in public interest. The title Secretary of War, which appeared in the Act of 1920, has been changed to the Secretary of the Army, July 26, 1947. [61 Stat. 501] See codification note following 16 U.S.C. 797. 598-059 - 75 - 2 |