Page:United States Statutes at Large Volume 44 Part 1.djvu/458

 g 393 rims romeo project. Such tmaps, plaw. and specifications when approved by the commission shall be made a part of the license; and thereafter no change shall be made in said xnaps, plans, or speciilcations until such changes shall have been approved and niazle a part of such license by the commission. lb) iiatisfactory evidence that the applicant has complied xrith the requirements of the laws of the State or States within nshieh the preposed project is to he located with respect to bed and banks and to the appropriation, diversion, and use of wafer for power purpox and with respect to the right to engage in the business of developing, transmitting, and distributing poorer, and in any other business necessary to e§ect the purtrees of a license under this chapter:, lc} Such additional information as the com1nission_may require. (June 10, 1920. c. 285, § 9, 41 Stat. 1068.) ‘ · 803. Conditions of license -g_eneraRy.——Al1- licenses issued under this chapter shall be on the following conditions: Modification of plans, ctc., to secure adaptability of project.-- (:1) That the project adopted-, AinehYding— the maps, plans, and` specihcationshshall be such as in the judgment of the commisf sion will be best adapted to a comprehensive schenie of improve? ment and utilization for the purposesof navigation, of waterpower development, and of other beneilciailpublicv uses; and if necessary in order to secure such scheme the commission shall have authority to require the modification of any project and of the plans and specifications of the project works before approval. » [ V · Alterations in project ·u·{$rkx.—(b) That except when emergency shall require for the lprotection o_f navigation, lite, health, i or property, no substantiali alteration or addition not in conformity with the approved plans shall be made to any doin- or other project works constructed hereunder of a capacity in excess of one hundred horsepower without the prior approval of the commission; and any emergency alterationlor addition so made shall thereafter be subject to such modification. and change as the commission may direct. _ · . Maintenance and repairiof project works; liability of Licenseefor domagos.»—=—(e) · That the licensee `shali maintain the project works in a condition of repair adequate for the purposes of. navigationland 'for the efficient »operation_ of said .works*in the development and transmission of power, shall make all necessary renewals and replacements, shall establish and maintain adequate depreciation reserves, for such purposes, shall so maintain and operate said 'works. as notgto impair navigation, and shall conform to such rules and `regulations as the comxnission may from time to time prescribe for the protection of life, health, and property. `»Each licensee hereunder, shall be liable for all damages occasioned to the property ot others by_ the construction, maintenance, or operation of the project works or of the works appurtenant or accessory thereto, constructed under the license, and in no erentfshall the United States he liable therefor. `. · " ‘ ‘ `Anioriizaiion reserves.-··¢(d) That after the first. twenty years of operation out of surplus earned thereafter} if any, accumulated in excess of a specltied reasonable rate of return upon the actual. legitimate investment of a licensee in any project or projects under license the licensee shall establish and maintain amortization reserves, which reserves shall, in` the discretion of the commission, be held until the terminay tion of the license or be applied from time to time in reduc~` i . tion of the not investment. Such specified rate of return and the proportion of such surplus earnings to `be paid into and a· held in suehreserres shall beset forth in the license; . ~ Annual clturgicsl payable by licensees.--(e) That the licensee shall pay to the United States reasonable annual charges in an amount »to_ be iixed by the commission for the purpose of reixn· ~ bursing· the United States for the costs of the administration of this chapter; for recompensing it for the use, occumncy, 3

NSERFATION 444 and enjoyment of its lands or other property; and for the expropriation to the Government of excmive prodts until me respective States shall make provision for preventing excesore profits or for the expropriation thereof to themselves, or num the period ot amortization as herein provided is reached. may in fixing such charges the commission shall seek toravoid is. creasing the price to the consumers of power by such charger and charges for the expropriation ot excmive pronts may ir.; adjusted from time to time by the commission as conaitiosr may require`: Provided, That when licenses are two inros-- ing the use of Government dams or other structures owned tv the United States or tribal lands embraced within Indian reservations the_ comnxission shall dx a reasonable spans;. charge for the use thereof, and snch chargw may be rms}. · jnsted at the end of twenty years after the beginning of ¢»pera~ ` tions and at periods of not less than ten years thereafter in a manner to be described in each license: Provided, That licemt—r for the development, transmission, or distribution of poser by States or municipalities shall be issued · and enjoyed eritlisnr charge to the extent such power is sold to the public e.·ifms¤t pront or is used by such State or municipality for State or mnnicipal purposes, except that as to projects constructed or to be ‘co¤st¤1t·rea,by States or municipalities primarily dosigned to pr yide or improve navigation licenses therefor sha!. be isstszed vv thont chargej and that licenses forthe developmentgtrans ission. or distribution of power for domestic, mining, or other beneficial use in projects of not more than ono hundred. power capacity may he issued without charge, except) tribal lands within Indian reservations; but in no ease hall al license be issued {ree of charge for the developmen nd utilization of power created by any Goremment dan: and at the amonnt charged therefor ln any lleeme shall he sinch as determined by the commission. ., Rcimbegraement by licensee of otherheenaeea, cmd so for!h.—— (f) Qlfhat whenever any licensee hereunder is directly benetitetl ` by the construction {work of another licensee, a permittee, or of the United States of a storage reservoir or other `hwdwator improvement, the commission shall require as a condition of the license that the licensee so benented shall reimburse the owner of such reservoir or pther improvements for such pas of the annual charges for interest, maintenance, and depreciation. thereon~as`the commission rnay deem equitable. · The pro portion of such charges to be paid hy any licensee shall be eletermined by the. commission. l c -_ _ _ — - Whenever such reservoir or. other improvement is constructor! by the United · Statw the comnjilssion shall assess similar charges against any licensee directly benedtedtherehy, and any amountso assessed shall be paid ‘lnto’ the Treasnry of the United States, to be reserved and appropriated age part of the special fund for headwater improvements iis provided in section 810 of this chapter. - _ `· M  - _ _O0aditti01•-rin discretion of cominissionp-( g) Sno!} other conditions not inconsistent with the provisions of this chapter as __ the `commission iiiay require. ‘ _. X _  , Hoswpollstie combinations prohibi¢ed.T——.(h) Coinbinations. agreements, arrangements, or understandings, express or implied; tolimit the ontpnt of electrical energy, to restrain trade-,. or toftlx, maintain, or increase prices for electrical energy .or service are hereby prohibited. L. _ A `Wdlver of coaditio¤.s.··-——(i) In issuing licenses for al minor part only of a complete project, or for a complete project of not more than one hundred horsepower capacity, the commission may in its discretion waive such conditions, provisions, _ and requirements of this chapter, except the license period of - fifty years, as it may deem to be to the public interwt to waive under the circnmstances: Provided, _That the provisions perror shall not apply to lands within Indian resuvations. (June 10. 1920, G. 285, §"10, 41‘Stat. 1068.) Q