Page:United States Statutes at Large Volume 49 Part 1.djvu/892

 74TH CONGRESS. SESS. I. CH. 687 . AUGUST 26, 1935 . 847 lands are located. Whenever the Commission shall determine that Reopening for loca- the value of any lands of the United States so applied for, or here- tion, entry, etc. tofore or hereafter reserved or classified as power sites, will not be inj ured o r des troyed for t he pur poses of power development by locati on, entry, or selection und er the public land laws, th e Secretary of the Interior, upon notice of such determination, shall declare such lands open to location, entry, or selection, for such purpose or purposes and under such restrictions as the Commission may deter- mine, subject to and w ith a re servatio n of the right o f the Un ited States or its permittees or licensees to enter upon, occupy, and use any part or all of said lands necessary, in the judgment of the Com- mission, for the purposes of this Part, which right shall be expressly reserved in every patent issued for such lands ; and no claim or right to compensation shall accrue from the occupation or use of any of said lands for said purposes. The United States or any licensee for Entry of licensee ; any such lands hereunder may enter thereupon for the purposes of payment for damages . this Part, upon payment of any damages to crops, buildings, or other improv ements c aused th ereby to the own er there of, or u pon givi ng a good and sufficient bond to the United States for the use and benefit of the ow ner to secure the pa yme nt of su ch damages as may be determined and fixed in an action brought upon the bond in a court of competent jurisdiction, said bond to be in the form prescribed by the Commission : Provided, That locations, entries, selections, or ot pons, etc., here filings heretofore made for lands reserved as water-power sites, or tofore m ade . in connection with water-power development, or electrical trans- mission may proc eed to a pproval or paten t under and subj ect to t he limitati ons and conditio ns in th is secti on conta ined. SEC. 212 . Sections 1 to 29, inclusive, of the Federal Water Power II V i .11,p p p S 1063-la;7; Act, as amended, shall constitute Part I of that Act, and sections 25 and 30 of such Ac t, as am end ed, are repealed Provided, That A Acts affected Clothing in that Act, as amended, shall be construed to repeal or hereby. amend the provisions of the amendment to the Federal Water Power Act approved March 3, 1921 (41 Stat . 1353), or the provisions of any other Act relating to national parks and national monuments. SEC. 213 . The Federal Water Power Act, as amended, is further amended by adding thereto the following parts "PART II-REGULATION OF ELECTRIC UTILITY COM- utility eecec PA NIES EN GAG ED IN I NTE RSTA TE COM MERC E »ag ed in in terstateco m- merce e c" DECLARATIOn OF POLICY ; APPLIC ATION OF PART ; DEFINITIONS " SECTION 201 . (a) It is hereby declared that the business of trans- mitting and selling electric energy for ultimate distribution to the public is affected with a public interest, and that Federal regula- tion of matters relating to generation to the extent provided in this P art and the Part next fo llowing and of t hat part of such busines s which consists of the transmission of electric energy in interstate commerce and the sale of such energy at wholesale in interstate com- merce is necessary in the public interest, such Federal regulation, however, to extend only to those matters which are not subject to regulation by the States . "(b ) The provisions of this Part shall apply to the transmission of electric energy in interstate commerce and to the sale of electric ene rgy at w holesale in inte rstate c ommerce, but sha ll not a pply to any other sale of electric energy or deprive a State or State com- m ission o f its la wful aut hority n ow exerc ised ove r the ex portatio n of hydroelectric energy which is transmitted across a State line. The Commission shall have jurisdiction over all facilities for such Declaration ofpolicy. Application of Part,