Page:United States Statutes at Large Volume 49 Part 1.djvu/890

 74TH CONGRESS. SESS. I. CH. 687. AUGUST 26, 1935 . able cost thereof at the time of acquisition by the licensee : Provided, That the right of the United States or any State or municipality to take over, maintain, and operate any project licensed under this Act at any time by con demnat ion pr oceedi ngs up on pay ment o f just com- pensation is hereby expressly reserved ." SEC . 208 . Section 17 of the Federal Water Power Act, as amended, is amended to read as follows " SEC. 17. (a) All proceeds from any Indian reservation shall be placed to the credit of the Indians of such reservation. All other charges arising from licenses hereunder, except charges fixed by the Commission for the purpose of reimbursing the United States for the costs of administration of this Part, shall be paid into the Treasury of the United States, subject to the following distribution : 121/2 per centum thereof is hereby appropriated to be paid into the Treas ury o f the Unit ed St ates and credi ted t o `Mi scell aneou s receipts' ; 50 per centum of the charges arising from licenses here- under for the occupancy and use of public lands and national forests shall be paid into, reserved, and appropriated as a part of the recla matio n fun d cre ated by the Act of Congr ess k nown as the Reclamation Act, approved June 17, 1902 ; and 371/2 per centum of the ch arges arisin g from licen ses he reunde r for the oc cupanc y and use of national forests and public lands from development within the boundaries of any State shall be paid by the Secretary of the Treasury to such State ; and 50 per centum of the charges arising from all other licenses hereunder is hereby reserved and appropriated as a special fund in the Treasury to be expended under the direction of the Secretary of War in the maintenance and operation of dams and other navigation structures owned by the United States or in the construction maintenance, or operation of headwater or other improvements of navigable waters of the United States. The pr o- ceeds of charges made by the Commission for the purpose of reim- bursing the United States for the costs of the administration of this Part sha ll be pa id into the Trea sury of the Unit ed Stat es and c redited to miscellaneous receipts. "(b) In case of delinquency on the part of any licensee in the payment of annual charges a penalty of 5 per centum of the total amount so delinquent may be added to the total charges which shall apply for the first month or part of month so delinquent with an additional penalty of 3 per centum for each subsequent month until the total of the charges and penalties are paid or until the license is cance led an d the charge s and penalt ies sa tisfie d in a ccorda nce with law ." SEC. 209 . Section 18 of the Federal Water Power Act, as amended, is amended to read as follows " SEC. 18 . The Commis sion s hall r equire the c onstru ction, main- tenance, and operation by a licensee at its own expense of such lights and signals as may be directed by the Secretary of War, and such fishways as may be prescribed by the Secretary of Commerce . The operation of any navigation facilities which may be constructed as a part of or in connection with any dam or diversion structure built under th e provis ions of this Act, whethe r at the expens e of a l icensee hereunde r or of the Unit ed State s, shall at all times b e contro lled by such reasonable rules and regulations in the interest of navigation, including the control of the level of the pool caused by such dam or diversion structure as may be made from ti me to time by the Secretary of War ; and for willful failure to comply with any such rule or regulation such licensee shall be deemed guilty of a misde- meanor , and upon c onvict ion th ereof shall be pun ished as pro vided in section 316 hereof ." 845 Proviso . Condemnation pr o- ceed ings . Vol . 41, p. 1072 ; U.S.C.,p.699. Cha rg es arising fro m licenses; disposition . Pen alt y charge for delinquent payment, Vol . 41, p. 1073 11.S.C.,p.699. Mainten ance of lights and signals, fish- way s. Navigation facilities . Rul es and regula- tions. Penalty for violation . Post, p. 862.