Page:United States Statutes at Large Volume 49 Part 1.djvu/1124

 74 TH CONGRESS. SESS. I. CH. 836 . AUGUS T 31, 1935. SEC. 10 . That section 26 of said Act be, and the same is hereby, amended to read as follows : " SEC. 26. Commencing July 1, 1936, the proceeds for each fiscal year derived by the Board from the sale of power or any other products manufactured by the Corporation, and f rom any ot her activities of the Corporation including the disposition of any real or personal property, shall be paid into the Treasury of the United States at the end of each calendar year, save and except such part of such proceeds as in the opinion of the Board shall be necessary for the Corporation in the operation of dams and reservoirs, in conduct- ing i ts busi ness i n gener ating, transm itting, and di stribu ting el ectric energy and in manufacturing, selling, and distributing fertilizer and fertilizer ingredients . A continuing fu nd of $1,000,000 is als o exc epted from the requi remen ts of this sect ion a nd ma y be withh eld by the Board t o defray emergency e xpenses and to insur e continuous operation : Provided, That nothing in this section shall be construed to prevent the use by the Board, after June 30, 1936, of proceeds accruing prior to July 1, 1936, for the payment of obligations law- fully incurred prior to such latter date ." SEC. 11 . That said Act be, and the same is hereby, further amended by adding after section 26 of said Act a new section, as follows "SEC. 26a. The unified development and regulation of the Tennessee River system requires that no dam, appurtenant works, or other obstruction, affecting navigation, flood control, or public lands or reservations shall be constructed, and thereafter operated or main- tained across, along, or in the said river or any of its tributaries until pla ns fo r suc h con struc tion, oper ation, and main tenan ce sh all h ave been submitted to and approved by the Board ; and the construction, commencement of construction, operation, or maintenance of such structure s without such appro val is hereby prohib ited. When such plans shall have been approved, deviation therefrom either before or after completion of such structures is prohibited unless the modifica- tion of such plans has previously been submitted to and approved by the Board. " In the event the Board shall, within sixty days after their formal submission to the Board, fail to approve any plans or modifications, as the ca se may be, for const ruction, operation, or maintenance of any such structures on the Little Tennessee River, the above require- ments shall be deemed satisfied, if upon application to the Secretary of War, with clue notice to the Corporation, and hearing thereon, such plans or modifications are approved by the said Secretary of War as reasonably adequate and effective for the unified development and regulation of the Tennessee River system . " Such constru ction, commencement of construction, ope ration, or mai ntenanc e of an y stru ctures or part s ther eof in violati on of the pro - visions of this section may be prevented, and the removal or discon- tinuation thereof required by the injunction or order of any district court exercising jurisdiction in any district in which such structures or parts thereof may be situated, and the Corporation is hereby authorized to bring appropriate proceedings to this end. " The requirements of this section shall not be construed to be a substitute for the requirements of any other law of the United States or of any State, now in effect or hereafter enacted, but shall be in addition thereto, so that any approval, license, permit, or other sanction now or hereafter required by the provisions of any such law for the construction, operation, or maintenance of any structures whatever, except such as may be constructed, operated, or maintained by the Corporation, shall be required, notwithstanding the provisions of this se ction ." 107 9 Vol.48,p.71;U.S .C., p. 708. Proceeds from power sales, dispositi on of propert y, etc. Deposit . Withholding contin- uing fund. Pro viso . Use of proceeds ac- cru ing pri or to July 1, 1936. Vol.48,p.71. Prohibition on con- structions affecting navigation on Tennes- see Riv er sy stem ; ap- pr oval required. Approval of plans when Board fails to appr ove . Injunction to restrain violations. Requirements to be additional to existing laws.