Page:United States Statutes at Large Volume 44 Part 1.djvu/459

 445 rzrae 51o.e-aol 864. Proim verb nfcctiug navigable waters; requirements iambk h Ec%-—Ii' the dam or other project works are to he matrnctedacroas, along, or in any ot the navigable eaters of the United States, the coramimlon may, in so far as to deonms the same remnnbly necessary to promote the present ami future needs of navigation and consistent with n reasoneale invmtment cost to the llcensee, include in the license. any one or more of the following provisions or requirements: ta} That such licensee shall, for the extent necmary to preserve and improve navigation facilities, construct, in whole .s~ in part, without expense to the United Statm, in connection la ith such dam, a lock or locks, booms, slulces, or other struclaws for navigation purpw, in accordance with plans and sglecidcations approved by the Chief of Engineers and the sa-t·rotary of War and made part of such liecnx. · tb} That at case such structprea for navigation purposes are not made a part of the original construction at the expense of the llcensw, then whenever the United States shall dwre to complete such navigation facilities the licensee shall- convey to me United States, freeef cost, such of its land and itsrights of say and such right ot pamage through its dam or other structures, and permit such control of  as may be required to complete such navigation facilities. _ I _  ° (el That such licensee shall furnish tree of coat to the, Potted States power fm the operation ot such navigation facilities, srhether constructed by the licensee or by the United Stat&. (June 18,*1920, c. @5, l 11, 41 Stat. 1070.)` _ . 8%. Participation by hvemaent of ems of locks, and so forth.-·-4Vhenever appllmtiotv is tiled for a ‘ project hereunder involving navigable waters- ot the United States, and the coin- mission shall dude own investigation that the needs of naviy gation require the construction not la ·lock for locks or other navigation structures, aud. that such structures can not, con-, slstent with a rmsonahle investment cost `to the applicant, be provided in the manner 'specided in section @4, subsection ta.) of mis chapter, the commlwlon may grant the application with the provision to be expressed in the license that the licensee will installthe neoessaryi navigation structures lt the Government falls. to make provlsion therefor within a tlno to be Hxcd in the license and cause ·a report upon such project to be prepared, with estimates of cost of the power development and ot the laavigationstructures, and shall submit such · report to Congress with l such recommendations as ·it deems appropriate concerning the participaHon ot the United States in the cost ot construction dot such _ navigation `structures. (June 10, lmld, c. 285, G 12, 41 -Stat."1070.)'  " WS. Tino  for construction of project works;. extension of time; termination or revocation of licensm for delay.-—·g .il‘lae licensee shall *(50il1Il}—t‘llC€* the construction of the project works within the tune dxcd. Inj me licence, which shall not be more than two yea`rs'frotn the date thereof, shall thereafter ln gmt! faith and with due diligence prosecute such construction,. and shall within the time dxed in the license complete and put into operation auch part of the °ultlmIate development as, tho conimissionshall deem necessary to supply the reasonable needs of the then available market, and shall cfrom time to time thereatter._construct such portion of the balance of such development as the commission may. direct, so as, to supply aelcquately the reasonable market demands until such develop-- meutushall have been completed. The periods for the commencenaentv ot construction may be extended once but not longer than two additional years and the period for the com-» pletion ot construction carried on ini good iaith &lld,WlU1 rcasonable`dillgenée may be extended by the commission when not incompatible with the public interests. In case theillccnsee T Shall not commence actual construction of the. project works, } or of any specided part thereof, xvltltlu the tlxne prescribed in the license or as extended by, the com.m1aalon,·_then, after due 4

DNSERF’A&‘1'·6’H»` · § 808 notice given, the license shall, as to such project marks or part thereof, be terminated upon written srdgr of tha ccnamissaion. In case the construction ot the project works, or of any speck Gad part thereof, has been begun but not completed within the time prescribed in the Iicéuse, crtas extended by the commissicm, than the Attorney General, upon the request of the commission, shall institute proceedings in equity in the district contact the United States for the district in whisk any part of the project is sitgated for the revocation at said license, the sale of the works comstmcted, and such other equitable relief as the case may démnud, as provided for in section 824) of this chapter.; (June 10, 1920, c. 285, § 13, 41 Stat. 1071.) 867. Right of Government to take over prcject smrks; compénsatimn; condemnation by Federal or &atc Gmiemment.—-—· Upon not less than two ye·ars’ notice in writing from the commission the Unitéd States shall have the right upon or after the expiration of any license to take over and thereafter tc maintain an;} operate any project or projects as dmped. in section 796 of {his chapter, and covereq in whole or in part by the license, or the right to take over zxpon mutual agrecmentwith the licensee all property owned and held by the licensee than valuable and serviceable in the development, transmission, or .distribution of power and which is thexi depmdqm for its. use} fulness upon the continuance 01 the license, twcther with any lock or`lpcks or other aids to navigation constructed at the expense of the -1icex1sge, upon the condition that before tilting pmsession it shall pay the net investment of the licensee in the project or projects takexi, not to exceed the fair value 01 the property taken, plus such reasonable damagm, if any, to pmp~· .erty ot the licensqé valuablg, ·service§ble,—· and dependent as_- above set forth but not taken, as may be tcmisw by the severance therefrom of  rty téken, and shall assume all con- I . tracts eutérgd into by· he licensee y©·ith¥d¢d, Thétééjzph met' inyestmént shall not include or be affected by thdvalue df any laugis, rights of way or other property of chg United Stuies 1icen@ by me com; missién `under this chzipter, by the license, mj by gécd will, going valuga, pr ‘pr0spective reiiemwsz _Pr0»vided ;’urti?er, That the values allowed for water. rights, rights of way, lands, or interest in lands shall not be `iu excess of the actual reasonable cost thereof a`t· the time of acquisition by the licensee: Providéd, Tiiét the right? of the `Urmited States csiany State or municipality to gzgke '0ver,· mgin{;Ain,’ and opemtémauy project licensed ·-under this chapter at any time by condemnation proceedings "upon phymént; of just compensation is hereby ex· ·‘[)1‘0SS_l§’ reserved, .(J\I11Q.10,_, L, ce. 285, § 14,41 Stat. 1071.) . ‘ . 808, New licenses sind.  ccmpenéaticip of old licensee,—Ifl·thé,United States d , mt, at the expiration ex? the original license, exercise its right to t¤ke_0vé1·, maintain, and operate any pmjeét or projects "0f the' licensee, as pm4 `vided in section 807 of thié chapter, the commission is authorized to ismxe n new license tu-the` origimu licensee upim suéh terms and conditiéns as may be authorized or gpquiged under the than éxistinfg laws and regulaticnsf or t0‘ isspe 5 umv license} undér said terms and conditions to a new licensce, which, license may cover aby project or projects ·cover€·d by the original license, and shhll be issued on the condition that the néw liécnsce shall-, before taking possession of suclfé project or projects, pay such amount, and assume such contracts as the United States is required t0'd0_i·n`the manne1·`§{{eeified in Révtion 807 _0t this bhaptér: Provided, That in the event the. lfnifvd Statv$·el0cs not exercise the right to take over or does not issue ll license