Page:United States Statutes at Large Volume 44 Part 1.djvu/461

 447 r1:z·1.a ze.-ce railroad coenpaniw as provided in chapter 1 ot"Title 49,‘aTu¤s· peersrxos, and the parties snbject to such rwletion/e&l1 have edges same rights of hearing, defeew, and review as said comiegnies IB SIKBB  gd In any valuation of the property of any licensee hereunder    of rate making, no raine snail be claimed by the  or allowed by the ceommiwion for any project or projeeis jnder limse in excea of the value oa valnm presuibed ee   @7 of this chapter for the purpom ot purchase by eee Un   States, but there shall he included the cost to such iieensee er   conrfmctiw ot me lock or locks or other aids of navign   xsl all other comm! expmdlturm required by {gee Unit        , and no vaine shall be claimed or allowed mr gee rights grant    ·¤~   ee an  onor by this chapter. (Jane go, 19*.%, c. 285, { %, 41 Stat. 1073:T"' 814. Exercise by licensee of power of eminent do¤ain.·——- wiien any lieensm can not acquire by contract! or pledgw an nnimprored dam site or the right to use or damage the lands or property ot ethers ary to the construction, maineeeanee, or operation of any dam, reservoir, diversion structure, or the. works appurtennnt or accessory thereto, in {ennjnnction with an imprormen-t which in the judgment ot gee eonunission is desirable and modded in the public interest for the purpose of improving or developing a waterway or waterways for tm noe or hcnedt of interstate or foreign comxnerce, lt may acquire the same by the exercise of the right oi eminent demin in the  court of the United Statm {er the district in which meh land or other property may be ioeated, or in the State courts. The practice and procedure in any action or proceeding for that purpose in the district ceart of the United States shall conform as nearly as may be with me wctioe and procedure in similar action or proceeding in the courts of the State where the property is situated: Provided, That United Statx district courts shall only have juri$iction ot cases wlmn the amount claimed by the owner of the property to he condemned exceeds $3,000. (June 10, 1920, c.  § 21, 511 Stat. 102+1.) d _ 815. Contrsd to f§l’B§§h power extmding beyond period of license; ebkgntious of nerr lieemee.—-Wlxenew·er the public interest requires or jnstides the execution by the licensee of contracts for the sale nd; delivery of power for periods extending beyond the *£te of terrnination, of the license, euci; contracts may be. entered iuteaapoa the joint approval of the commisdon and of the pnblleservice commission or·~ other asixnilar authority in the State in which the sole or delivery ot power na made, or it sold or delivered in h State which has no each pnhiie-service comxniasion, then upon the approval ·o£_ the conimisdon, and therufter, in the eyent ot failure to issue a new License to the original licensee at the termination ot the Homme, the United States or, the new licensee, as the case may be, shallsassnme and tnlldll all such contracts,. — (June 10, 19%, c, %5, { Q, 41 Stat. -1074.) · — - i 816. Preservation of rights, vested prior to lane 10, 1920.-—·—· The provisions ot this chamer shall not be construed as atfecting any permit or valid existing right ot way granted prior to Qhme 10, 19%, or aa condrmlng nor otherwise affecting any _ claim, or as a¤wting any authority then- given pursuant to law, bat any person; awociatien, corpwation, State, or municilmltf}', holding or @@lag auch permit, right of. way, or _ authority may apply for n license hereunder, and upon sueh applimtion the comrniwlon may issue to any such applicant a license in accordance with the provisions of this chapter, and in such case the provisions of this chapter shall apply to such applicant as a licensee hereunder: Provided, That when application is made for a license under this section lor a Project or projects already constructed, the fair value of said project or projects, determined he provided in this section, shall for the purposes ot. this chapter and ot said llwnse the

DNSERVAZFION § 8§§ deemed to ee the eneonnt ee be nléeeeed ae ine net ineeetmeeee of the nppliennt in ench ;innc,jeet or gmlmjectee en of the date ne such license, or as of the date ot such determination, it ltcenee has not bwn issued, Such inir value may, in the dmretion of the commieeion, he detensnined by eemtnnl ngreement betwe—e;5` the commimion and the applicant or, in ease they cnn not agree, jurlniction is hereby conferred upon the dietriet eenrt of the United Staten in the rilstriet wnithin neteicln eneie project or projects may he lomted, upon the nnplieation of either mrty, to hear and determine the amount of each fnir mine. (J nee 10, 132%, c. @5, { 23, 4i 8mt.§t§75.) ( 817. Preiects not alming nnviegmble waters; necessity fer Feécrsl Emu.-—Any persw, nmaation, wrporetien, State, or municipality-intending to constrmt n dam or omer project works screen, along, over, er in any stream or part thrrmf, other than those ée&ned m this chapter as nsvipbhe waters, and over which C~m ¤s juriwietion mee: its sorority toe resolute eommeree betm:-ven fmi@ natiene and einem the several States, may in their dmcre&en Me deelhgntien of sunk intention with the commimon, wkreum tm eemmlséen ehnll cause immediate inveetiptien et   e e   mstrnee tion to be mode, and if upen inreetmtien it shnii nad thnet the interests of interstate or toreim   e cmd he atfected by snch  d emetrnction, meh  n, amlstim corporation, State, er municipality shall not t — n the  1 with enen construction nntil it shall have smlted for and $$1 mrc receired a license under we moviéone of this cMmr. It the commission shell not eo End, and it no public lands er reservations are n§ected, pwmissiw is hereby gnnted to eenstruct such dam or other project works in eneh Qwm npea ce1npl.tgnce,with State laws, (June 10, 1926, c. @5, S. E, 41 sm.1o75.> t · ’ _ `818. Pnblic l& includ in proiect; ruervséu of laaé fron entry.--—Any lends of the United Statw £nel‘&1 in any proposed project under the provinone of thine &spterj from the date io! ming of applimtion therefor he reserved from entry, location, or other dispowl under the laws of the Hniteti States until otherwise directed by the » :,si ;sf ·»:*`  er. by Congress. Notice tmt such nwlicntion han heen moe, to- g gether with the date of flllhg thereof and at éexription of the lands of the United States affected thereby, shell be med in e the local land omce for the district in which eneh lends are located. Whenever the commission shall determine that the · value of any lnndé of the United States so applied for, er here, tofore or hereafter reserved or elaeeined as power eitee, will not he injured or destroyed » for the pnwes ot wwe: ®TE10§—I » ment ‘_ by" Llocntion, entry, or selection nnder the puh&ie=·land laws, the Secretary ot the Interior, upon notice of nneh dotermination, shall declare such Lands open to location, gtry, or selection, enbjeet_ to and with a reservntien of the right of the United Staten or iw permltteeeb or liéensem to enter upon, occupy, and use any part or all of said lands nceemryg .. in the judgment of the commission, for the nnrpoees of this ° · chapter, which right shell be expremly renewal in ererypntent issued for such lands; end `no elnlin or right to eompenontion ‘ shall sccme from the eecnpetion or nee of any of saié hnde tor eeid purposes. The United States, or any  for any such lends hereunder may enter thereupon for the pnrpoeee of this chapter, upon payment of nny qnmages to crops, buildings, or other ixnprove&ex1ts'espScd tlrcreby to the owner thereof,. or `upon giving n. good and enmcient e bond to the a United Staten for the use and beneht of the owner —to‘ secure the myment of such tlmnngee as may be determined and fixed in- an notion brought upon the bond ln n conrt of competent . jurlediction, eeid bond to be in the form prescribed by- the ecoxiuuiesion: Provédéd, That locntions, entries,. selections, ·or Hllngg made prior to June 10, 19::0, for lends reserved ne water- i power sites or in connection with water-power development or