Page:United States Statutes at Large Volume 80 Part 1.djvu/1452

 1416

PUBLIC LAW 89-789-NOV. 7, 1966

[80 STAT.

about two hundre<l and iiiiiety-seven luileS above the mouth of said river, for the purpose of providing a pool for condenser water for a steam-electric plant. Construction on such dam shall not be commenced until the plans therefor have been submitted to and approved by the Chief of Engineers, United States Army, and by the Secretary of the Army, and when such plans have been approved by the Chief of Engineers and by the Secretary of the Army, there shall be no deviation from such plans either before or after completion of said dam unless the modification of such plans has previously beeii submitted to and approved by the Chief of Engineers and the Secretary of the Army. In approving the plans for said dam such conditions and stipulations may be imposed as the Chief of Engineers and the Secretary of the Army may deem necessary to protect the present and future interest of the United States. Nothing in this section shall be construed to authorize the use of such dam to develop water power or generate hydroelectric energy. The grantee and its successors shall hold and save the United States free from all claims arising from damage which may be sustained by the dam authorized in this section, or damage sustained by the appurtenances of the said dam, by reason of the future construction and operation by the United States of Hart well Dam and Reservoir or the Trotters Shoals Dam Post, p. 1420, and Reservoir authorized in section 203 of this Act, or any other Federal project upstream or downstream from the dam authorized by this section. In order to make feasible the dam and steam-electri(generating plant which Duke Power Company intends to construct, it is hereby expressly provided that, should such dam and plant be constructed, (1) no existing or future unit at Hartwell Reservoir will be operated to pump water from below Hartwell Dam back to Hartwell Reservoir, and (2) a volume of water per week equal to at least an average flow of one thousand five hundred cubic feet per second shall be discharged from Hartwell Reservoir. The Secretary of the Army, upon his finding that such discharges result in damages to Hartwell Reservoir, and after giving the company reasonable notice and opportunity to be heard, shall determine and fix a reasonable and equitable annual charge to be paid by the company to the United States as compensation for such damages. (b) The authority granted by this section shall cease and be deemed null and void unless the actual construction of the dam authorized by this section is commenced within twelve years and completed within fifteen years from the date of enactment of this Act. The authority granted by this section shall not be deemed a bar to, or grounds for delaying, the construction of the Trotters Shoals project authorized in section 203 of this Act. (c) The right to alter, amend, or repeal this section is hereby expressly reserved. PiirJira\^county, ^^^P' HO. The Secretary of the Army, acting through the Chief of Fia. ' Engineers, is hereby authorized and directed, in order to reduce future Navigation pro j- inamtenance costs of the authorized navigation project for Johns Pass, Pinellas County, Florida, to provide suitable protective measures over a frontage of approximately one thousand linear feet of shore along the north end of Treasure Island, at an estimated first cost for construction of approximately $100,000. Local interests shall contribute in cash 40 per centum of the first cost of construction; provide necessary lands, easements, and rights-of-way for construction and subsequent maintenance of the project; hold and save the United States free from damages that may be attributed to the project; bear all costs exceeding $500,000 Federal cost for the complete project, including the navigation channel. Local interests may be reimbursed

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