Page:United States Statutes at Large Volume 49 Part 1.djvu/891

 846 74TH CONGRESS. SESS. I. CH. 687. AUGUST 26, 1935. U.S Vo' 41 1C., p.700. 107 5; SEC. 2 1 0 . Section 23 of the Federal Water Power Act, as amended, is amended to read as follows Preservationofrights " SEC . 23 . (a) The provisions of this Part shall not be con- vested prior hereto . strued as af f ecting any permit or valid existin g right-of-way here- tofore granted or as confirming or otherwise affecting any claim, or as affecting any authority heretofore given pursuant to law, but any person, association, corporation, State, or municipality holding Application for ii- or possessing such permit, right-of-way, or authority may apply cease . for a lic ense hereu nder, and upon such appli catio n the Comm issio n may issue to any such applicant a license in accordance with the provisions of this Part and in such case the provisions of this Act Proviso . shall apply to such applicant as a licensee hereunder : Provided, Dete rminati on of f air That when application is made for a license under this section for a, value . project or projects already constructed the fair value of said project or projects determined as provided in this section, shall for the purposes of this Part and of said license be deemed to be the amount to be allowed as the net investment of the applicant in such project or projects as of the date of such license, or as of the dat e of such deter minat ion, if li cense has not b een i ssued. S uch fair value shall be determined by the Commission after notice and opportunity for hearing. Unlawful construe- " ( b) It shall be unlawful for any person, State, or municipality, lion . for the purpose of developing electric power, to construct, operate, or maintain any dam, water conduit, reservoir, power house, or other wo rks i ncide ntal there to ac ross, alon g, or in a ny of the navig able waters of the United States, or upon any part of the public lands or reservations of the United States (including the Territories), or utilize the surplus water or water power from any Government dam, except under and in accordance with the terms of a permit or valid existing right-of-way granted prior to June 10, 1920, or a license Declaration of inters- granted pursuant to this Act . Any person, association, corporation, ng to construct ; - State, or municipality intending to construct a dam or other project works across, along, over, or in any stream or part thereof, other th an those defined h erein as navigabl e waters, and ove r which Congress has j urisdiction under its authority to regulate commerce with foreign nations and among the several States shall before such construct ion file declaration of such intention with the Com- Investigation by mi ssion whe reupon th e Commis sion shal l cause immediate inves- Commission. I tigation of such proposed construction to be made, and if upon investigation it shall find that the interests of interstate or foreign commerce would be affected by such proposed construction, such Approval required. person, associ ation, corporation, State, or municipality shall not construct, maintain, or operate such dam or other project works until it shall have applied for and shall have received a license under the provisions of this Act. If the Commission shall not so find, and if no public lands or reservations are affected, permission is hereby granted to construct such dam or other project works in such stream upon compliance with State laws ." Vol . 41, p. 1075; SEC. 211 . Section 24 of the Federal Water Power Act, as u.S.C.,p. 700. amended, is amended to read as follows Reservation of lands " SEc, 24. Any lands of the United States included in any pro- in clu ded in proposed proj ects. posed project under the provisions of this Part shall from th e date of filing of application therefor be reserved from entry, location, or other disp osal under the laws of th e Uni ted S tates unti l oth erwis e Notice to be filed. directed by the Commission or by Congress. Notice that such appli- cation has bee n made, together with the date of filing thereof and a descr iptio n of the l ands of th e Uni ted S tates affe cted there by, shall be filed in the local land office for the district in which such