Page:United States Statutes at Large Volume 49 Part 1.djvu/889

 844 74TH CONGRESS. SESS. I. CH. 687. AUGUST 26, 1935 . equitable. The proportion of such charges to be paid by any licensee costs of determining shall be determined by the Commission. The licensees or permittees benefits. affected shall pay to the United States the cost of making such determination as fixed by the Commission. Ass essme nt When " Whenever such reservoir or other improvement is constructed by ben efited by improve - ment constr ucted by the United States the Commission shall assess similar charges against uP~dP.845 .. any licensee directly benefited thereby, and any amount so assessed shall be paid into the Treasury of the United States, to be reserved and ap prop ria ted asa part of the special fund for headwater improvements as provided in section 17 hereof . Benefits to unlf- "Whe never any pow er not under license is benefited b the t ensed powe r pro ject, yh project y construction work of a licensee or permittee, the United States or any agency thereof, the Commission, after notice to the owner or owners of such unlicensed project, shall determine and fix a reasonable and equ itable annual ch arge to be paid t o the licensee or permittee on account of such benefits, or to the United States if it be the owner of such headwater improvement. Other conditions. "(g) Such other conditions not inconsistent with the provisions of this Act as the Commission may require. Monopolistic eom- cc (h) That combinations agreements arrangements, or understand- binations, etc., pro-, 1 r> > hibit ed . ings, express or implied, to limit the output of electrical energy, to restrain trade, or to fix, maintain, or increase prices for electrical energy or service are hereby prohibited . Waiverofconditions, "( i) In issuing licenses for a minor part only of a complete provisions, etc. project, or for a complete project of not more than one hundred horsepower installed capacity, the Commission may in its discretion w aive such con diti ons, prov isio ns, and r equi reme nts of th is P art, except the license period of fifty years, as it may deem to be to the Proviso, wit hin In. public interest to waive under the circumstances : Provided, That than rese rvations. the provisions here of shall not appl y to annual charg es for use of lands within Indian reservations ." V ol. 41, p. 1071 ; SeC. 207. Section 14 of the Federal Water Power Act, as amended, u. S. C., p. 098. is amended to read as follows Right of Govern- c SEC . 14 . Upon not less than two years' notice in writing from went to take over and operate projects . the Commission the United States shall have the right upon or after the expiration of any license to take over and thereafter to maintain AWe, p• 838, and operate any project or projects as defined in section 3 hereof, and covered in whole or in part by the license, or the right to take over upon mutual agreement with the licensee all property owned and held by the licensee then valuable and serviceable in the devel- opment, transmission, or distribution of power and which is then dependent for its usefulness upon the continuance of the license, together with any lock or locks or other aids to navigation con- structed at the expense of the licensee, upon the condition that before Compensation . taki ng po sses sion it shall pay the net inve stme nt o f the lic ense e in the project or projects taken, not to exceed the fair value of the property taken, plus such reasonable damages, if any, to property of th e lice nsee valua ble, servic eable, and depen dent as ab ove s et for th Assumption of con - but not taken, as may be caused by the severance therefrom of prop- tracts. erty taken, and shall assu me all cont racts enter ed in to by the licens ee D eterm inati on of with the approval of the Commission. The net investment of the amount of compensa- tion . licensee in the project or projects so taken and the amount of such severance damages, if an y, shall be determined by the Commission after notice and opportunity for hearing. Such net investment shall not include or be affected by the value of any lands, rights-of-way, or other property of the United States licensed by the Commission under this Act, by the license or by good wil l, going value, or prospec- tive revenues ; nor shall the values allowed for water rights, rights- of-way, lands, or interest in lands be in excess of the actual reason-