Page:United States Statutes at Large Volume 41 Part 1.djvu/1096

 srxrr-srxrn CONGRESS. Sess. rr. cn. 285. 1920. 1075 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. Sec. 23. That the provisions of this Act shall not be construed as p,§ggL,“j§g“gh”~°‘°·· 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 mnmicipality, holding or possessing such permit, right of way, or authority may apply for a license hereunder, km f H and upon such application the commission may issue to any such da, ° °°”°°°"”` applicant a license in accordance with the provisions of this Act, and in such case the provisions of this Act shall apply to such appli- rmso. cant as a licensee hereunder: Provided, That when application is "°'*"““’”°‘!"°*°°*· made for a license under this section for a project or 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 'cense 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 determination, if license has Method ,,,d,,,,,,,,,,,,_ not been issued. Such fair value may, in the discretion of the com- me mission, be determined by mutual agreement between the commission and the applicant or, in case they can not agree, jurisdiction is hereby conferred u on 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. Dum m mr That any person, association, coiporration, State, or municipality otbu dum nivigsue intending to construct a dam or 0 er uproject works across, along, ""f{§,;,,,, ,,,1,,,,,,d U over, or m any stream or part thereof, 0 er than thwe defined herein ;1gj={§a¤,gjr°°g¤¤**¤=**>° as navigable waters, and over which Congress has jurisdiction under y` its authority to regulate commerce between foreign nations and amonlg the several States, may in their discretion file declaration of suc intention with the commission, whereupon the commission shall cause immediate investigation of such proposed construction to be made, and if upon investigation it shall fin 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 imtil it shall have a plied for and Nm H t I shall have received a license under the provisions oi) this Act. If ew¤mg£iii°i»`m$i° °` the commission shall not so find, and if no public lands or reservations are affected, permission is hereby granted) to construct such dam or other project works in such stream upon compliance with State laws. md wma wb Sec. 24. That any lands of the United States included in any pro- acts resivrved troui)cnposed project under the provisions of this Act shall from the date of ‘”'·°‘°· tiling of application there or be reserved from ent, location, or other disposal under the laws of the United States untilvotherwise directed Nom to md om by the commission or by_ Congress. Notice that such application has been made, together with the date of  thereof and a description of the lands of the United States affecte thereby, shall be filed in the local land office for the district in which such lands are located. Envy, mq Wm,. Vlfhenever the commissron shall determine that the value of any lands M, suizggt ¤> WWW of the United States so applied for, or heretofore or hereafter reserved or classified as power sites, will not be injured or destroyed for the purposes of power development by location, entry, or selecuon jmder the public-land laws, the Secretary of the Interior, upon notice of such determination, shall declare such lands o en to location, entry, or selection, subject to and with a reservation oflthe right of the United States or its Hermittees or licensees to enter upon, occupty, and use any part or a of said lands necessary, in the judgment o the com-