TITLE 16.-CONSERVATION

olilcil ngencies, or for propagation, or by tife resi-Iei ownir, Ili-lant, or shnre croller of tibe propertyor officiilly d(,signitvi agencls (if tie Dep a rtlment ofAgricul Itre for tily killing, ider such restrictioins aslit Secretary of Agri('ullure ray by rig a otion pre-s~crlii,, of such wllaterfowI when found Injuring cropsor Off tier proljrly. An iy lawi'son to whoin a sta i p liasbelenl Hold Inde (l,(tl el.I 7181) ,-)fall uplon reqlnet exhibit

suih Mlilip for I nspe'c'tion to fifty otliecr or eraiploy(eof ithle Deia rtment of Agriculture authlorized to en-force ti, 141.4 ,-iilis of sections 718 i4 71811 of thistitle 44r t itin' offiicer f fifny State or any aliticalsubdivision thereof authorized to enforce gane laws.(As nieinded June 15, 1935, c. 201, Title I, t 1, 49Sini. 379.)

§ 7181). Issuance of stamp; fees. The stamps re-quiredl by sleelon 718a shall be Issued anui (sol bythe Post OfIle Iclarhtmen' , e nrit er ri' gul lfois pre-scr ll iv; I .y ti yIhe Post iistii' ren'aI: Proridcd, Thatth' Sillilps I0hall ie sold it. all poest offhlc(, of tileIl1l'- and siecind.-lass :inil Wsuch (llier's as the Post-iiariStcr (viii''ral shrll (I'l,',I. Fir each su(,h stanip soldiinder lei liiriviSiIn (or tfis sect ion IIIi' shall be Cot-Ii('h i by the Po'iist 0lc f clii r't lilct, tie snua if $1.No sach staip sliall be vallmi limier iny ch'cuin-st ances to ant lir'h'.e fbi' iaking of nnilgrafoi'y \rater-fowl exept III (aiiilance wlih Federal rind Sitate liwsill(iu reguilatilns and then only w ln thie person sotaking 8101 witefi iwl shlill hihself ifave written Illssih '11i' Ii lInk across the face of the staiip prior tosuch Inkrig. Elnel'h sucli stanrp shall expire and bevoid aifter tlie 30th (i i' of Julie next succeeding ItsIssu1n(ice nil all such staiaps rernlairihag unsold byth ie Post Ollce l) i/trllenlt it t lie exii'i i on of saih.n 11114'0 sliill li (be ,-iioyed by sal Dieparment. NoSinip solhd undlr section 718ai shall lie redeemiible bySilihI Depanirtmen t In i ash ori In kind. (As aminl cdJun' 15, 1935, c. 261, TItle 1, § 2, 41) Stat. 379.)

§ 718d. Disposition of receipts from sale of stamp.All niheys i 'v(eheil for such stli iis s nili he Ilecoln iedfi 1y lie Posi Olce DI'pilrtment an il l( ihI Into theT'isiu'y of tIre United States, and shall lie reservedanlid set asile, is it siaCll fond to he known ias theiilgrato'y bir'd 'on rvition funil, to he adinistoredby tle Secriiiary (if Agriculture. All moneys receivedhit such fnd nre ii P 'opritled for the followingSiojc s Iid sli e, li e hvilri Ici'efor' until expenlded :

(it) Not, liss thn 90 iier ceonn sliiil b e avalilablefor tiie liloai, aseerthainent, acqulsition, adin lis-Irillhon, nilihll1onilnlv, lind developmntn of suitale

ilreas for Inviole nilgratory-hI h'd sinctuaries, undertie i'ovisilons of ,ei'olIins 715 to 715r, inclusive, ofthis lti, to he expended for surh purposes I irllresliiclis ri i moneys rihiiiiirl)hiitd llr'sunirt to tie pio -

visions of srid soctlons; for thre ahminist ration, main-tenince, anld developmcnt of other refuges unner theiidniiriilst'ition of the Secretary of Agriculture, fre-quentedl ' igriiry gi ne birds ifind for such livest i-gailons in such refuges find elsc"hre hi regird tomingrator'y waterfiowl its le Scer.'ary of Agriculturemiry deienm essential for tI highost utilization of thei'efuges iirii] for teie protection and ilncreaso of thesebirds.

(b) The remnainder ,hall be available for expensesin exc'utlng sect lons 718 to 7lSli, 715 to 715r, 703 to711 of this title, mnd aiy other Act to carry Into effecttiniy ti'ety for le protection of nilgritory bii'(is, In-cluding personal services In the District of Columbiaand clsewhere, find also Including iudiice alilitiientsto lie iiaile by tie Secretary of Agriculture to thePost 0111c Deprirtmient it such times an In suchimouits as niiy lie iutually agreed upon by tIre Sec-retary of Agric'ulture lind the Postimisi' General fordi'ect expelnditure 1)3' the Posh Otflce Departrient for(igriving, printing, Issuiing, sellIrig, and ccou ntingfor inigratory ir'd huntlig stanils and nioneys re-ceived front the sale tlii'of, personal services II tieDIstrlct of Colnibai and elsewhere, nd for such otherexpelises its iiay lie necessairy In executing tire dutiesfiln(i funetlolis rcqui'ed if the Postil Service by sec-

tions 718 to 718h of this title: Provided, That theprotection of srld Invlolte migratory-bird sanctuariesshall be, so far irs possible, under section 715p of thistille. (As amended June 15, 1935, c. 261, Title I,§§ 3, 4, 49 Stat. 379, 380.)

§ 718e. Offenses. (a) No person to whom has beensold a rilgratory- bird hunting strinp, validated asprovided III section 718ai of this title, shall loan ortransfer such stianlp to tiny lerson (luring the periodof Its validlty; nor shall ainy person other than theperson valildatig such starnil use It for tiny purposeduring suich l'loil.

(b) No person shall ilter, nutilate, Iitate, orcoanterfclt ainy stinip authorized by section 718 ofthis title, or Iimitate or counterfeit airy (lie, plate,or engraviig therefor, or inialce, print, or knowinglyuse, sell, or have Iii his possession any sucl counter-felit, dIh, pliite, or engraviig. (As aiiendcd June 15,1935, c. 261, Title I, § 5, 49 Stat. 380.)

Chapter 10.-NORTHERN PACIFIC HALIBUT

FISHERY

NORTIERN PACIFIC HALIBUT ACT OF 1924

§§ 761-769."47 Stat." in line I of note should lie 11 48 8tat."

Chapter 12.-FEDERAL POWER ACT

Aiplication to natlonal parks-To Big Bead Niiional Park, see section 158 of this title.

PART I-REGULATION OF TE DEVELOPMENTOF WATEIR POWER AND RESOURCES

Section 212 of Aci of Aug. 26, 1935, c. 087, 49 Stat. 847,provided that sections 1 to 29 of the Federal Wnter PowerAct, as amended (§i§ 701-823 of this chapter) shall onsti-tite Part I of thie Act, as set out above. Said section 212also repeated sections 25 and 30 of the Act (lft 819, 791. ofIis chaplter). It also conianed ii proviso as follows: " Thatnothing iI that Act, as anided, sliall ihe eonsirued to re-I ieal or ainind ie lih'ovlshotns of the aneiidiiernt to thee'deriil Water Power Act approved Mareh 3. 1921 (41 Stat.1353 [ 797 of this chapierl), o)r the provisions of anyother Act relating to national parks and nationallaoiullileit s."

§ 791. Short title of chapter. [Repealed.]'I'lis section was repealed by Act of Aug. 20. 1927. c. 087,

'Title It, § 212, 49 Stat. 847. See section Vila, post.§ 791a. Short title of chapter. This chapter may be

cited us tre " Federal Power Act." (June 10, 1920, e.285, § 320, irs ad(iled Aug. 20, 1935, c. 087, Title II,§ 213, -t9 Stit. 863.)

See section 791, ante.§ 796. Words used in chapter defined. Tie -words

defined in this section shall rive the following mean-Ings for liurposes of this clipter, to wit:

(1) " public lanls " neans such lands and interestin lands owned by the United States as are subjectto private arrl)priation and dilsl)oil under publicland laws. It slall not Inclrde " r esorvti o n s ", ashereinafter defined;

(2) "reservations " moans national forests, triballands embraceil within In dhin rescrvritions, illtitryreservations, and other lanils and interests In landsowned by the Unit((] States, ind witrdriwn, reserved,or withhl front prhivate aIIpropriation iird disposalunder the public lani Iaws; also lands and hitcr'stsin linds aclilU'eil ni held for any puliic )ui'poses;

but shall not include national rmonrunients; or nationalparks ;

(3) "corporation" means any coriporation, joint.stock coniliiry, piirtnership, associatlon, bislness trunst,Organiizd giinlp of persons, whether iicorpo'ated ornot, or a receiver or receivers, trustee on' tristees oftiny of tIre foregoing. It shall not Include "mnilcl-palitles" as hereinafter defined;

(4) "person" means an Individual or a corpora-tion ;

(5) " licensee" means aiiy person, State, or niunicl-pallty lice'nsed under the provisions of section 797 of

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TITLE' 16.-CONSERtVATION

this chapter, and any assignee or successor in interestthereof;

(0) "State" means a State admitted to the Union,the District of Columbia, and any organized Territoryof the United States;

(7) "municipality" means a city, county, Irriga-tion district, drainage district, or other political sub-division or agency of a State competent under thelaws thereof to carry ol the business of developing,transmitting, utilizing, or distributing power;

(8) " navigable waters" means those parts ofstreans or other bodies of water over which Congresshas jurisdiction under its authority to regulate com-inerce with foreign nations and among the severalStates, and which either in their natural or improvedcondition notwithstanding Interruptions between thenavigable parts of such streams or waters by fails,shallows, or rapids compelling land carriage, are usedor suitable for use for the transportation of personsor property in Interstate or foreign commerce, includ-Ing therein all such interrupting falls, shallows, orrapids, together with such other parts of streanis asshall have been authorized ly Congress for Improve-ment by the United States or shall have been recoin-mended to Congress for such improvement after in-vestigation under its authority;

(9) " municipal purposes " means and includes allpurposes within municipal powers as defined by theconstitution or laws of the State or by the charter ofthe municipality;

(10) "Government dan " means a dam or otherwork constructed or owned by the United Statesfor Government purposes with or without contributionfrom others;

(11) "project" means complete unit of improve-ment or development, consisting of a power house,all water conduits, all dams ani appurtenant worksand structures (including navigation structures)which are a part of said unit, and all slorage, divert-hlg, or forebay reservoirs directly connected therewith,the primary line or lines transmitting power there-from to the point of Junction with the distributioasystem or with the interconnected primary transinis-sion system, all iiscellaneous structures used and use-fill ill connection with said unit or any part thereof,and all water-rights, rights-of-way, ditches, damns, res-ervoirs, hinds, or Interest in lands the use and occu-pancy of which are necessary or appropriate in themaintenance an( operation of such unit;

(12) "project works" means the physical struc-liies of a project;

(13) ' net investment" in a project means the ac-tual legitimate original cost thereof as defilied andinterpreted in the " classification of investment Inroad ( and equipment of steam roads, issue of 1914,Interstate Commerce Commission ", plus similar costsof additions thereto and betterments thereof, minusthe sum of the following itens properly allocatedihereto, if and to the extent that such items have beenaccumulated during the period of the license fromearnings in excess of a fair return on such Invest-nicnt: (a) Unappropriated surplus, (b) aggregatecredit balances of current depreciation accounts, allil(e) aggregate appropriations of surplus or income]hld In amortization, sinking fund, or slinilar reserves,or exl)endell for additions or betterments or used forthe purposes for which such reserves were created.The term "cost" shall Include, insofar as applicable,the elements thereof prescribed in sail classification,but shall not include expenditures from funds ob-hllned through donations by States, municllpalIties,indiviluals, or others, and sal classiflcation of in-vestment of tile Ierstate Commerce Cominassionshall insofar as applicable be published and promnul-gated as a part of the rules and regulations of theCommission;

(14) "Commission" and "Commissioner" meansthe Federal Power Commission, and a member there-of, respectively;

(15) " State commission " means the regulatorybody of the State or municipality having jurisdiction

to regulate rates and charges for the spie of elh'e-tric energy to consumers within the State ormunicipality ;

(10) "security" means tiny note, stoeL, treastrystock, bond, debenture, or other evidence of interestin or indebtedness of a corporatio subject to theprovisloas of this chapter. (As amended Aug. 20,1935, c. 687, Title II, § 201, 49 Stat. 838.)

§ 797. General powers of commission-IcstIIa-tiotis (nd data. (a) * * *. The Coinlllssloa ishereby authorized and eminpwered- * * *.

Act Aug. 20, 1935, c. 087, Title II, 1 202, struck out lustparaigratpl of -.dbscctlon (a). Its subject matter Is lmbod(IdIn ubscctlca (b).

StatcnCtit8 as to itvcstinent of ICernsCs in prolcols;access to projerts, maps and so forth. (b) To deter-mine the actual legitimate original cost of and thenet investment Ini a licensed project, and to ah( theCommission lit such determinations, elici licenseeshall, upon oath, witli a reasollb 0 pelrhil of thnoto be fixed by the Commission, tifter the construe-tionl of the original project or lilly addition theretoor betterment thereof, file with the Commission insuch detail as the Comamission Imay require, i state-mieat in duplicate showing tile actual lcgili1a1e orig-Inial cost of coast ruction of hlcll project, additiou orbetterment, and of the price paid for water rigilts,rights-of-way, lands, or Interest in lands. The licen-see slul grant to tile Commission or to its liity au-thorized agent or agents, at till reasonable lies, freeaccess to such project, addition, or bctlciernt, and totll ilaps, proflle, contracts, reporis (if eligineers, tie-counts, books, records, and all other papers ind doc-unlents relating thereto. Tiie statement of actuallegitimate original cost of said project, and revisionsthereof as determined by tie Commission, shall befiled with the Secretary of the Treasury.

This subsection covers subject matter of the former secondparagraph of subsection (a).

Cooperation 'with cxcuative dcpartolcuts; hiformna-tion and aid furnislid commission. (c) * * *.

This subsection Nwas formerly subsection QI)) and wasrelcttered (c) by Act Aug. 20, 135, c. 087, § 202.

Publication of informaltio, and so forth ; reports toCongress. (d) * * * 'rihe Comimission, om or be-fore tile 3d day of January of each year, shall sulbnlitto Congress for tlhe fiscal year preceding i classifiedreport showing the lerimits unid licensets. Isse(ld umderthit Part, and in eacli case tle pIllrti's thereto, tieterms prescribed, and the moneys received if ally, oiraccount thereof. Such report shall contain the namesalll show the compensation of the persons employedby the Commission.

Act Aug. 26, 19:35, c. 087, relettered frmer subsection(C) to be (d), amended the second s'ntencc to read as

above.

IssUe of liCCasCS for constritioi, mid so forth, ofdams, coniduits, reservoirs, and so forth. (e) To Iss1elicenses to citizens of (ie United States, or to any sso-clntioii of such citizens, or to any corporatilo orgaizedunder the laws of tile Unilted StaIl's l 1lly Statethereof, or to any Stllte or niunicipallty for tle purposeof constructing, oleratilng, 1,d nlniiiiitnhg danls,water conduits, reservoirs, power louses, translilioolines, or other project works necessary or colnvemilentfor the development anlt Ihmprovennt o' naViglttiola1d for the developlment, translissilon, al utilztln(11' power acros'i, along, from, or It tny of the streanlsor (tier bodies of water over wilch Congress hasJurisdiction under its authority to regulate colmnercewith foreign hatios and aolllg tie several States, orupon ally part of the public lands iind reservatiols ofthe United States (including tile Territorls), or forthe purlpose of utilizing tie surplus water or waterpower fronm any Government datll, except 11s hereilprovided: * * * And pr6vided further, Tlat upontlle filing of ally application for i license ii I re 11snot been preceded by a prelimninary permit under sub-section () of this section, notice shall be given and

1 707Page 177

TITLE 1.--CONSEAVATION

published ns required by the proviso of said sub-sec| [on.

Act Aug. 26, 19:15, c. 687, relettered former subsection(d) to be (e).

i'reliminary pcrn i fi; hotire of application.(f) * * * lind shall lso publith notice of suchappli'ation once each week for four weeks in a dallyor weekly newspaper publislhdl i the county or coun-ties Ii whih the project or any part thereof or theln ids afTected Ihereby ire situaited.

Art Aug. 20, 1035. e. 087, relettered forrner mubsectirn (e)to 1w (f) ind ianleled It to read as above.

Invcsll1/alitm of ocrupaaie) fOr dCvclopinq power;ordhrs. (g) JIpon its own notiou toorder nill |IIVesti-gallon of aiiy oC(1 plincy of, or evilenced Inteitionto occupy, for the purpose of developing electricIjorWer, publc lInds, reservcillons, or tlrealis or otherbodls if water over which Congress iies jurlsridictiontunder Its authorily to regualate commerce with foreignnalioris iiand lliong tile several Sthtes by ally i'rson,orloration, Stlae, or mniciplilty and to Issue such

ordler 114 It Ill~y find approppriate, expedient, and IIn

thi public Interest to coniserve and ulllize le tvi gal-Inn unnd vtite'-power resolllces of the region. (Asimended Aug. 23, 1935, Aug. 20, 1935, c. 687, Title

II, § 202, 41) Stnit. 839.)SR'rloh 212 of the Act of Aug. 20, 1935, c. 087, 49 Stlat.

817 vtrolvhhd tat nothing Ii thi chapter, as anended,should vi conmtrued to riptl or anird trhe tAct of March'i, 1921. c. 129, 41 Stat. 1858.

§ 798. Purpose and scope of preliminary I erinits;transfer anl cancellation. Each preltininary pernlltI ssued uinder lis Part shall be for lile so le pitl'loSeof iniitailling piority of application for i licenseunder the terlims of this chapter for such period orllerlods, not exceeding i total of three years, as In theii stret ion Of tihe C illnIssloln may be neces.4try forni:ikIng exaiinations find surveys, for preparing laps,Ilans, speellcattons, aind estimates, and for mitkingtianlaicit arrangemnlts. Each such pernlit shall setforti the condiltions under which priority shall belmaintained. Such iterlilts sliaill not be transferable,and iity be canceled by order of the Commnission uponfaillure of permittees to conmply with tie conditionsthireof or for other good cause shown after notice findolllrlunlty for hearing. (As amended Aug. 20, 1935,c. 87, Title II, § 203, 49 Stat. 841.)

§ 799. License; duration, conditions, revocation, al-teration or surrender. * * * and may be alteredor surrendeied only upl)on nutual agreement betweenthe license(, flnd the Commission after thirty days'public notice. Copies of all licenses Issued under theprovisions of this Part and calling for the payment(if annual charges shall be deposited with tie GeneralAccounting 0111ce, in complince with section 20 ofTitle 41i. (As amended Aug. 20, 1935, c. 687, TitleH, § 204, 49 Stat 841.)

§ 800. Preferences in issuance of preliminary per-mits or licenses. (a) In Issuing lreliminary permitshereunder or licenses where no prelhninary permithas been Issued fnd in Issuing licenses to new licen-sees under section 808 of this chalpter the Commissionshall give preference to a)pllicatios therefor by Statesfrnd nnilcpalties, provid(ed the plans for the sameare deemed by the Commission equally well adapted,or shall within i reasonable tirile to be fixed by theConnission be made equally well adapted, to conservefill(h utilize in the public Interest tIle water resourcesof the region; and a lietween otlher applicants, theCommission may give preference to tile applicant theplans of which it finds find determines are bestadapted to develop, conserve, and utilize Iu the publicInterest the water resources of the region, if It besatisfied aa to the ability of the applicant to carryout such plans.

(b) Whenever, in tile judgment of the Commission,lie devclpment of nny water resources for public

purposes should be undertaken by tle UAited StatesItself, tile Colmission shall not approve any appli-cation for any project affecting such development,

but shall cause to be made such examinations, sur-veys, reports, plans, and estimates of the cost of theproposed developlent irs It may find necessary, andshall subllt Its findings to Congress with such recon.Ienldations as It may find appropriate concerning suchdevelopment. (As amended Aug. 20, 1935, c. 687,Title 11, § 205, 49 Stat. 842.)

§ 803. Conditions of"license generally. All licensesIssied under tills Part shall be on tile following con-ditio s :

Modification of plans, No., to scoure adaptability ofproject. (ar) That tlhe project udopted, Including themalis, plats, and specifications, shall be such as Il tilejudgment of the Commission will be best adapted toa comlllensive plan for Improving or developing awaterway or waterways for the use or benefit ofinterstate or foreign colmerce, for the Improvementfind utiliznltion of water-power devehpment, ainl forother beneficial public uses, Inchluing recreationall)urposes; a' if necessary ill order to secure suchplan tile Commission shall have authority to requirethe modification of any project and of the plans fll(speclficatios of the project works before approval.

* * * * *

Anwrlization rcse'rc,. (d) That after the firsttwenty years of operation, out of surplus earnedthereafter, If any, accuiiulated In excess of ir speol-Ihd reasonable rate of return upon tlhe net investmlnt of it licensee in tiny project or projects underlicense, * * *

Annual charges payable by liccnscCs. (e) * * *and filly sucii charges aomy be adjusted front time totine by tle Colnmlission its conditions inay require:Provided, That when licenses are issued Involving theuse of Governmient danms or otller structures ownedby the United Sttates or triall lrnds embraced withinIndian reservations tie Commission shall, subject tothe approval of the Secretary of the Ilterior in thecase of such dnins or structures In reclaation proj-ects and, In the case of such tribal lails, subject tothe approval of the Indihn tribe having jurisdiction(if such lnds as provided In section 476 of Title 25,fix a reasonable anulilal charge for tile use thereof, andsuch charges may with like approval be readjustedby the Comnission at the end of twenty years aftertile project Is available for service find at periods ofnot less thrn tell years thereafter upon notice find op-portunity for hearing: Provided furthcr, That licensesfor tile development, translilssion, or distribution (fpower by States or municipalities shall be Issued andenjoyed witlhout clarge to tIle extent such power issold to the publie without profit or is userd by suchState or lunlicipality for State or municipal purposes,except that as to projects constructed or to be con-structed by States or nlunlielpalities primarily de-signed to provide or Impieve navigation, licensestherefor shall be Issued without charge; and thatlicenses for tIe developInent, transmission, or dlistri-bution of power for domestic, mining, or other bene-ficial use In projects of not miore than one hundredhorsepower installed capacity may he issued withoutcharge, except on tribal lands within Inlan reserva-tions; but in no case shall a license be Issued free ofcharge for tile develolment and utilization of povrcreated by any Government dam find that the anmountcllrged therefor In fifty license shall be such as ie-ternined by the Colmission. Ili the event tin over-payment of any charge due under this section shall bemade by a licensee, tme Comlission Is authorized toallow a credit for such overpayment when charges aredue for tiny subsequent perIod.

Reinibursement by licensee of other licensees, andso forth. (f) * * * The proportion of suchcharges to be paid by any lIcensee shall be deterininedby the Commission. The licensees or perinllittees af-fected slll pay to the United States tile cost of inlk-lng such deterinilationl irs fixed by the Commission.

Whenever such reservoir o other Improvenlent isconstructed by tile United States the Comlissionshall assess similar charges against any licensee dl-

§798 Page 179

TITL, 16.-CONSERVATION

rectly benefited thereby, and any amount so its-sessed shall be paid Into the Treasury of the UnitedStates, to be reserved and appropriated as a part ofthe special fund for headwater improvements as pro-vided in section 810 of this chapter.

Whenever any power project not under license Isbenefited by the construction work of a licensee orperilittee, the United States or any agency thereof,the Commission, after notice to the owner or ownersof such unlicensed project, shall determine and fix areasonable and equitable annual charge to be paid tIothe licensee or permittee oIl account of such benefits,or to the United States If It be the owner of suchheadwater Improvement.

* * * * *

Waiver of conditions. (i) In Issuing licenses fora nillior part only of it colplete project, or for a coaI-plete project of not more than one hundred horse-power installed capacity, the Commnission may in itsdiscretion waive such conditions, lrovlslons, and re-quiremlents of this chapter, except the license periodof fifty years, as it may deem to be to the public Inter-est to waive under the circumstances: Provided, Thatthe provisions hereof shall not apply to annialiiI chargesfor 1s0 (if lands within Iidian reservations. (Asamended Aug. 26, 1935, c. 687, Title II, § 200, 49 Stat,842.)

§ 807. Right of government to take over projectworks; compensation; condemnation by Federal orState government. * * * The net Investment ofthe licensee in the project or prujects so taken andthe amount of such severinice (hinages, If tiny, slialtbe determined by the Comlission after notice andopportunity for hearing. Sucii net Investment shallnot Include or be affected by the value of tiny lands,rights-of-wiy, or other property of the United Stateslicensed Iby tile Colnllssion under this chapter, bytile license or by good will, going value, or prospectiverevcnuies; nor shall the values allowed for waterrights, rights-of-way, hinds, or interest in liinds bein excess of the i,ctual reasonable cost thereof tit thetine of acquisition by the licensee: Providcd, Thatthe right of' ile United States or any State or multel-pality to take over, maintain, and operate any projectlicensed under this chapter lit liny tine by condellla-tion proceedings upton Pilaylent of just colpensationis hereby expressly reserved. (As anended Aug. 20,1935, c. 687, Title II, § 207, 49 Stat. 814.)

§ 810. Disposition of charges arising frok icenses.(a) All Proceeds from ainy Inldlilan reservation shallbe lllace( to the credit of the Indians of such reser-vatioi. All other charges arishig from licenses liere-under, except charges fixed by the Conmission fortile purpose of reillbursilg tile Unite(] States fur thecosts of administration of this Part, shall be paldInto the Treasury of the United States, subject tothe following dlistribut lol: 121,, per centuni thereofIs hereby iillroprliated to be pial iInto tle Treasury ofthe United States and credited to " Miscellaneous re-ceipts"; 50 per centuin of the charges arising fromlicenses iereunder for the occupancy and use of pub-lic lands and national forests shall be paid Iito, re-served, till(] approprliated us ia part of tile rclaila-don fund created by sections 372, 373, 381, 383, 391,392, 411, 116, 419, 421, 431, 432, 434, 439, -161, 476,491 and 498 of Title 43; anl 37 1,., Per centuim of thecharges arlisilng from licenses hereunder for the occu-Palley an1 ust, of nai0al forests aid public landsfront dehinaelo t within the boundaries of tiny Stateshall be paitd by the Secretary of the Treasury tosuch Stite; niid 50 per eentu of the charges arihingfromi all other licenses herunder is herelby res rvedand appl)rolrliated is it spectal fund fit the Treasuryto le expended under the direction of thio Secretaryof Will- ]i the nliiteince and operatio of dlanisand other navigation strueltlres owned by the United

States or hi t11e cOlistrulction l, lnliilll'lico, or opie'ai-tion of headwater or other imnprovemients of nav'igable

waters of the United States. The proceeds of cluirgesmade by the Commission for the purpose of reinburs-

lg tile United States fe., the costs of the administra.tion of this Part s;.,it be llald into the Treasury ofthe United States and credited, to miscellaneousreceipts.

(b) Ili case of delilnquecy oa the part of anylicensee in, tile payment of annual charges a penaltyof 5 per centuni of te total anount so deimliet nmybe added to the total charges whih shall Upply forthe first month or part of month so delinlent withan additional penalty of 3 per centire for each sub-sequent nionth until tile total of the charges andpenalties are pihll( or until tie license I canceledand the charges and penalties satisfied in aceorllncewith law. (As amlended Aug. 20, 1935, c. 087, TitleII, § 208, 40 Stit. 845.)

§ 811. Operation of navigation facilities; rules andregulations; penalties. The Commission sliill re-quire the construction, nailnte1ance, and operaionby a licensee lit Its own expense of such lights andsignals 1as may be directed by the Secretary of War,a1nl such f1shways 1ts may oi prescribedI by the Sitre-tary of Commerce. The operation of tiny llavigaiofacilities which nlay be constructed as a part of or Illconnection with any (d1n or diversion structure builtunder the provisions of thils chapter, whether lit theexpense of a licensee hereunder or of tile UnitedStates, shall lit till tilies ie controlled by such reason-alble rules ald regulations hil the Interest of naviga-tioll, Including the control of tht level of the poolcaused by such (1 (Ial or diversion structure 11s may bemade from time to tine by the Secretnry of War ; andfor willful failure to comly with any. such rule orregulation such licensee shall be decint d gullty of aIII SIdelillea lor, an1 upon convictio 1thereof shall bepunished as provide] in section 825o of this cllupter.(As liniended Aug. 20, 1935, e. 687, Title II, § 201), 19Stat. 845.)

§ 816. Preservation of rights vested prior to June10, 1920. The lrovisions of this Part shall nut hoconstrued as affecting any lerlit or viilit existingright-of-way granted prior to June 10, 112), or as con-firming or ot herwise affecting tiny clin, or as affect-Ilg tiny authority heretofore given lursuanlt to luw,but tinly Persons, association, corlporation, State, or Inau-nicipality holding or possessing such lernilllt, righl-oif-way, or authority iniy apply for au license hereunder,and upon Such app)lication the COlilllissioil 11y Issuneto tiny such applicant it license In a'c'rdan ' with lile,provisions of tills Part 1ll il such case tile pro[visloinsof tlis chapter shall apply to such ilpllhalit 118 itlicensee hereunder: Provldcd, That when Iiplihationis made fori a license uider tills section for it projector projects already consilruttid the fair value of saidproject i projects iletermlined s providedi Ii tils see-flea, shall for tile purposes of tilis Pait art ind of slilicense be deemud to lie the illnonit tol he allwed asthe net Investlent of the appllant i such, poject orprojects its of the date of such license, or us of thedate of such determlinail, if license has not beelIssuel. Such fair value shall le determined 1by tileConinllissil after nlevlc Illd opportunity for hearring.(As iiendcd Aug. 26, 1935, c. 087, Title 11, § 210, 49Stilt. 8,16.)

§ 817. Projects not affecting navigable waters;necessity for Federal license. It shall hio lnllawflfor lilly persQl, Stiito, or iunp'lplity, for tlhe iur-pose of ilevelhpihg electrle pioWer, to construc.t, oiler-ate, or iiailnll ily dali, waiter eondlult, reservoli',Power lou i , or other works tiniiedei thereto ae ross,along, or I any of the navigable watcrs of tile UnitedStates, or 111)(11 any part iof the Publlc lands or reser-viitioiis of tile United States (including the rri-torles), or itilize the surp lis wat er or water iowerfrom 1I11y overnlnent danil, extelit u11der 1ind III lie-coldlance with the terms of a permit or valil existlngright-of-way granted pri)r to .June 10, 192), or alilcnse granted pursuant to this chapter. Any per-son, issoclailon, co'poriation, State, or iiunicipalityIntending to construct it dam or other project works

Page 179 1817

TITLE 16.-CONSERVATION

across, along, over, or In any stream or part thereof,other than those defined herein its navigable waters,uit over which Congress has jurisdiction under Itsauthority to regu.lte commerce with foreign nationslid nong the several States shall before such con-

struct iin file decliration of such Intention with theConinilssmo, whereupon tit(e Coinihitslou shall cause

Inandih't invesligatin of Stich propl:;ed construe-lion ti le ninde, sid If upon Ihnvestigathin It shallliltli that fi lhe Intcrests of interstate or foreign comi-wterce woill be niffected by such proposed construe-(ion, stuci Ierion, assocation, corporation, State, or

innilelpallty shill not construct, maitan, or oiperatesuch ;titn or other project works until It shall havealiedd for and shall Ihive received ni license underthe provislotis of tills chipter. If the Connissloishall not so ind, itnd If no public lands or reserva-

ions itre aff'ctIed, permisslion Isn hereby granted toconstruct suc'h ilin or other project works In sucht reannll pon conplhnce with State lows. (Asnintoidvd Aug. 20, 19:15, c. 087, Title II, § 210, 49Stint. 810.)

§ 818. Public lands included in project; reservationof lands front entry. * * * the Secrethry (if theii tIerior, Ii)iii iotii'e of huch delerinaittion, shall de-cliae such linds iopen 1to location, entry, or selection,for miclh punripose or pirposes and under soicl restrlc-lions its the ( 'otnltisslonr nlity detltrliie, subject toand with it reservation of the right of tle UnitedStates or Its perltlttees or licensees to enter upon,occu'nipy, and ise any pairt or all of said lands neces-saty, Ili thle Idgnint of the Contisslon, for tlne pur-pisies of tis Part, which right shall be expressly re-sevitVd hi evei'y lniteit Issitiml for sinch hinds ; tinil noci l,n or right tI comtipenstion shall accrue fron tineo, v Iiion or i.se (if any (if said hands for sahi pur-

poses. The tiltd Stltes or anty licensee for tiny suchlands herennder inay enter thereupon for the purposesof tIlls Part, lipon I tylinent of any diiniages to crops,builligs, (iir other Itprovements catsed thereby to theowler theoreof, or tupon glling it good and sufficlenthond to t(e United States for the use ntin benefit orIle owner to seit'e the paynment of such diailges asinty be delerniined tian( fixed In tin action brought

uplon the lond Ii a court of conpetent Jirisdictton,saild bond to be Iu the forii prescribed by the Com-ilsslon: Provided, That locations, entries, selections,

or illings niade for hinds reserved as water-powersites, or Itn connection with water-power development,or electrical Itrtnsrnsslon niay proceed to approval orlatellnt lauhter aid subject to tle limitations ind cOn.dlitions li this section contained. (As ainended Aug.26, 1935, c. 687, Title II, § 211, 49 Stitt. 847.)

§ 819. Offenses; punishment. [Repealed.]qThl1. section wNa repealed by Act of Aug. 26, 1935, c. 687,

TItle ii, § 212, -' 84at. 847.)

PART II--REt;HM ATION OF ELECTRIC UTILITYCOMPANIES ENGAGEI) IN INTERSTATE COM-MEIRCE

§ 824. Declaration of policy; application of sub-chapter; definitions. (It) It Is hereby declared thattit business of lransrnitting and selling electric energyfor ultimante distrllution to thre ipiblic Is affected withn public Interest, and that Federal regulation of mat-ters relating to generation to the extent provided iithis Part and the Part III next followliig aid of thatpart of such hoshIess which consists of the transols-slon of electric energy in Interstate cotnierce nndtie sale of such energy it wholesaole il Interstate colm-merce Is necessary In the public Interest, snch Federalreguhatlon, however, to extend only to those matterswhich tire not subject to regulation by the States.

(b) The Iprovlslons of tihis Part shall apply to tietrrnsmission of electric energy In Interstate commercetnd to the sale of electric energy tit wholesale ittinterstate commerce, but shall not apply to tiny othersile of electric energy or deprive at State or State com-mission of its lawful authority now exercised over

the exportation of hydroelectric energy which Is trans-mitted across a State line. The Commission shallhave Jurisdiction over all faclities for such trans-mission or sale of electric energy, but shall not havejurisdiction, except as specifically provided In thisPart and the Part next followiig, over facilities usedfor the generation of electric energy or over facilitiesused In local distribution or only for the transmissionof electric energy iu intrastate commerce, or over fit-clilties for the transmisslon of electric energy con-suined wholly by the transmitter.

(c) For the purpose of this Part, electric energyshall be held to be transnitted in interstate commerceIf transiitted front a State nnd consumed at anylolnt outside thereof; but only Isofar as such trans-mission takes place within the United States.

(d) The term "stile of electric energy at whole-sale" when used In this Part means a sale of electricenergy to inly person for resale.

(e) Tire terin " public ntlity " when usedIi thisPart or Ii the Part IIl reians any person who owrisor operates facilities subject to the Jurisdiction of tOwCommission under tins Part.

(f) No provision In this Part shall tpply to, or bideeited to Include, the United States, a State or artypolitical subdivision of it State, or tiny agency, InI-thority, or Instrunretality of any one or trore of theforegoing, or any corporation which Is wholly owned,directly or indirectly, by any one or inore of the fore-going, or any officer, agent, or emtployee of tiny of theforegoing acting its such li the course of his offichllduty, unless such provislo ninakcs spiecific referencethereto. (June 10, 1920, c. 285, § 201, its added Aug.26, 1935, c. 687, Title II, § 213, 49 Stit. 817.)

§ 824a. Interconnection and coordination of fVcili.ties; emergencies; transmission to foreign coun-tries-(a) Regional districts; establishment; noticeto state commissions. For the purpose of assuring unabundant stpply of electric energy throughout thoUnited Stttes with the greatest possible economy andwith regard to the proper utilization tnd conserva-tion of natural resources, tIre Conission Is eni-powered and directed to divide the country Intoregional districts for the voluntary Interconnectionand coordlnation of facilities for the generation, trans-mlssionl, ar( stile of electric energy, and It niay atany time thereafter, upon Its own motion or upon',)l)lIcntia, make such rmodifications t hereof as InIts Judgment will pronote the puhlic Interest. Eachsuch district shall embrace tin area whilch, in theJudglnent of the Conimilsslon, can econoically beserved by such Interconnected and coordintted elec-tric facilities. It shall be the duty of the Coromls-ston to pronote nind encourage such Interconnectionand coordination within each such district anti be-tweei such districts. Before establlshing any suchdistrict and fixing or modifying the boundrties there-of the Conuission shall give notice to the State corn-mission of each State situated wholly or In partwithin such district, and shall afford each such Statecomnlssion reasonale opportunity to present itsviews ind recomnndations, andi shall receive tndtconsider such views und recoeunedations.

(b) Sale or exchange of energy; establishing physi-cal connections. Whenever the Conmission, uponnapplication of nury State commission or of atry personongliged In the transmission or stile of electric energy,and ifter notice to each State comnlssioni aind puliicutlity affccted antd after opportunity for herig,finds such actlon necessary or aipirpriate In the pub-lic interest It iay by order direct it public utility (ifthe Comtisslon finds thtt no undue burln will lieplaced upon such public utility threy) to esthblishphysical connection of its transmission facillties withthe facilities of one or more other persons engaged In

ie transinislon or sale of elctric energy, to sell en-ergy to or exchange energy with cuchi pisons: Pro-vidcd, That the Coninssion shall live no authority tocompel the enhargenment of generatlng facilities forsuch purposes, nor to compel such Iniblic utility to sell

6818 Page 180

TITLE 16.-CONSERVATION

or exchange energy when to do so would impair itsability to render adequate service to its customers.Tire Commission may prescribe the terms and condi-tions of the arrangement to be nade between the per-soils affected by any such order, including the appor-tionment of cost between them ant the compensationor reimbursement reasonably due to any of them.

(c) Temporary connection and exchange of facili-ties during emergency. During the continuance ofany war in which the United States is engaged, orwhenever tire Conmission determines that an ener-gency exists by reason of a sudden increase In tiledemand for electric energy, or a shortage of electricenergy or of facilities for the generaticn or transais-sion of electric energy, or of fuel or water for gen-erating facilities, or other causes, the Commissionshall have authority, either upIon Its own motion or uponcomplaint, with or witlout notice, hearing, or report,to require by order such temporary connections offacilities and such generation, dlelvery, interchange, ortransmission of electric energy as in Its Judgment willbest meet tire emergency an(1 serve the public interest.If tie parties affected by such order fall to agree uponthe terms of any arrangement between them In carry-ing out such order, the Commission, after hearingheld eit her before or after such order takes effect, mayprescribe by supplemental order such terms us It findsto be just and reasonable, Including the compensationor reimbursement which should be paid to or by anysuch party.

(d) Temporary connection during emergency bypersons without jurisdiction of Commission. Duringthe continumce of any emergency requiring Immedi-ate action, any person engaged Ili the transmission orsale of electric energy and not otherwise subject tothe Jurisdiction of the Commission may muake suchtemporary connections with tiny public utility subjectto the jurisdiction of the Commission or may con-struct such temporary facilities for the transmissionof electric energy in interstate commerce as may benecessary or appropriate to meet such emergency, andshall not become subject to tire jurisdiction of theCommission by reason of such temporary connectionor temporary construction: Provided, That such tem-porary connection shall be discontinued or such tem-pornry construction removed or otherwise disposed ofupon the terminat on of such emergency: Providedfurther, That upon approval of the Commission per-nnanent connections for emergency use only may be

made hereunder.(e) Transmission of electric energy to foreign

country. After six months from August 26, 1935, noperson shall transmilt any electric energy from theUnited States to a foreign country without first bv-Ing secured an order of the Commission authorizingit to do so. The Commission shall Issue such orderupon application unless, after opportunity for hear-ing, it finds that the proposed transmission wouldImpa ir the sufficiency of electric supply within theUnited States or would impede or tend to Impede thecoordination in the public interest of flcilitles sub-ject to the jurisdiction of the Commission. The Coma-mission may hy Its order grant such application inwhole or in part, with such modifications and uponsuch terms and conditions as the Commission mayfind necessary or appropriate, and may from thne tothne, after opportunity for hearing and for goodcause shown, inake such supplemental orders in the

premlises as it nmy find necessary or appropriate.(June 10, 1920, c. 285, § 202, as added Aug. 26, 1935,

c. 687, Title II, § 213, 49 Stat. 847.)

§ 824b. Disposition of property; consolidations;purchase of securities. (a) No public utility slallsell, lease, or otherwise dispose of the whole of itsfacilities subject tp the jurisdiction of the Commis-sion, or any part thereof of it value il excess of$50,000, or by any neans whatsoever, directly or In-directly, merge or consolidate such facilities or anypart thereof with those of any other person, or pur-clase, acquire, or take tny security of any other

public utility, without first having secured an orderof the Commission authorizing It to do so. Upon all-plication for such approval the Commission shall givereasonable notice In writing to tile Governor andState commission of each of tile States In which tilephysical property affected, or any part thereof, issituated, and to such other persons as it nay deemadvisable. After notice and opportunity for hearing,if the Commission finds that the proposed disposition,consolidation, acquisition, or control will be consistentwith the public interest, it shall approve the same.

(b) '.he Commission may grant ainy application foran order under tis section Il whole or Ili part andupon such terms and conditions as It finds necessaryor appropriate to secure the malinntenance of adequateservice and tile coordination Il the lpuble Interest offacilities subject to the jurisdiction of tile Conunils-slon. The Commission many front time to tine forgood cause shown make such orders suplemntal toany order made under lits section as It may findnecessary or approprhlata. (June 10, 1920, e. 285, §203, as added Aug. 26, 1935, c. 087, Title II, § 213, 49Stat. 849.)

§ 824c. Issuance of securities; assumption of liabili-ties; filing duplicate reports with Securities andExchange Commission. (a) No public utility shallissue any security, or assume any olriigatin or lia-bility as guarantor, indorser, surety, or otherwise Iirespect of any security of another person, unless anduntil, and then only to the extent that, upon apidl-cation by the public utility, tie Conuission by orderauthorizes such Issue or assumptim of liability. ihlleCommission shall make such order only If it findsthat such issue or assumption (a) is for some lawfulobject, within the corporate Irloses of the applicantand compatible with the public interest, which Isnecessary or appropriate for or consistent with itheproper performance by the applicant of service as apublic utility and which will not Impair Its abilityto)erformn that service, and (b) Is reasomably neces-sary or appropriate for such purposes. The provisionsof this section shall be effective six months after Aug.26, 1935.

(b) The Commission, after opportunity for hearing,may grant ay application under this sectlan Iin wholeor in part, and widi such mdlifications and upon suchterms and conditions as it many find necessary or up-propriate, and may from time to time, after oppor-tunity for hearing antd for good cause shown, nakesuch supplemental orders in tire premises as It nmy filnlnecessary or appropriate, and niny by any such sup-plemental order modify the provisions of any lUrt-vious order as to the particular purposes, uses, aridextent to which, or the conditions under which, ainysecurity so theretofore authorized or the proceedsthereof may ie applied, subject always to the require-ments of subsection (a) of this section.

(c) No public utility shall, without the consent oftile Commnission, apply any See'rity or aiy proceedsthereof to any purpose not specified In thre Col-inisston's order, or suplplenental order, or to airy pilr-

pose in excess of tire amount allowed for such purposeIl such order, or otherwise in cotiravention of such

order.(d) The Commission shall not authorize tire capi-

tilizirtion of tire right to be ii corporatio or of airyfralhise, permit, or contract for consolida on, nerger,or lease Ilr excess of the airount (excludve of tanyIrrx or annual charge) ilctuilly pahil as tire etmnsid-oration for such right, franchise, perirt, or contract.

(e) Subsection (ri) shall not apply to the issue orrenewal of, or irssunption of liability oi, a note ordraft maturing not more than one year after tiredate of such issue, renewal, or assumption of liability,and aggregating (together with till otilier then out-standiig notes rind drafts of a matitly of one yearor less on which such public utility is primarily orsecondarily lirnble) not inore than 5 per ceiiurn of tilepal' value of tire other securities of tie puie utilitythen outstandihg. In the case of securities having

j 824apage 181

TITLEI 16.-CONSEIRVATION

mil psir vale, lilh par vuo for tile purplse of thissubetlon shall be the filr market vue i as of thedllhi of I ssue. Withina ten d3S afler any sucli Issue,reii~('1 1, or iissl i 11on of Ilability, the public utilityshall 1ole withl the Coninui sloi it certificate of notillca-floii, lii sueh Cot'i as nmy lie prescribed by ti ('onl-inlsslion, set ti ig forill mulch mntter's as the Comissilonsihill by regulation require.

(f) Tih provisions of this section shall not extendto it lililic utililty organized nid opertling It i Stateider the lItws of %hlich Its security Issues are regu-

lated by it Stitt( c ollillisslon.

(g) Nothing lii this section slll be construed toImly filly guarantee or obligation on the part of theUnited Slales In respect of any securities to whichtlio piovi1sions of lhis section relate,

(I) Any lillIc ull1y whose seenrit y Issues are ap-Itovcid by Mhe Conillssia io under this sectlon nUity filewith the Seurltltes and Exeiiiige C iininio hll l-calte coilis of reports filh with tit, Federal Power('itoloilisloi lii lieu of tie relorts, Inforiutloa, aunddomelnlh ts required under section 77g aid seci ons 781nind 78in of Title 15. (.)flitn 10, 1M20, c. 285, § 20, asiitlle Aug. 20, 1135, c. 687, Title 11, § 213, 49 Stitt.850.)

§ 824d. Rates ani charges; schedules; suspensionof new rates. (n) All raies and( chirges ile, dOe-nmniiled, oi' received Iby aily public utility for or ilito'ieiCtIoi with tite lransmissilon or stilte of electricenergy subiject to tine jurilsdletion of tie Cminlsson,ill a ill rules ald regulalions affecting or pertlilhingto such ll es or clirges s1hall be just and reasoltable,wllfl ally such rt' or cllarge that is not just illd rca-

Oihii, i l I 'ereby diela red to be unlawful.(b) No public utility sliill, with respelct tI tiny

It'll 11811llsshn ori sait' subject to the Jurisdiction of the(1oiiinll"hiin, (1) nmalke or grnlt filly undue lireferenceor advaltage to filly perso ipor subject filly lerson toiiiy undue prejudice or dilsadvintage, or (2) nodii-tiil iiliy linreasonainble difference 1i1 rates, cliirge,service, 'acilltis, or in :iy other respect, either asbetween locallltte o its between classes of servlce.

(c) Unter sucti rules and regulations as he Com-iiisslion n1y prescribe, every public utility slll file

with ilt, Coinnission, withli such ti ic alid III suchforl ais I he Comlission ily desIgnate, and Shall keeioleii lin colivenlent forl aiid place for pulic lnspec-thin sbchedulle.s ,lt will- f illi rates aind churges for fillyIrtsIll1ss1l or salv sulbject to the Jurlsdiletio n of th,Coma ii l lo, an1d tiie thl ssllict t louis, praclices, en1dreguliliions iffectlng such rates a1d charges, toget herwith fill contracts which In filly inner affect or relateto llchll rate';, thirges, li Slflelllons, anl(d servl ccs.

(d) Unless the Comi sston othlerwise orders, nochllngo sh1ll be malde by filiy publie utlilty In filly suchrate, chiiirge, classtfleIion, or service, or lii anly rule,regulation, or contract relitlg thelto, except afterthirty flaps' nitice to ill' Conilsshton nnd to til'public. Such 1net0er shall lie given by filing with theCoilniilssitil alnI keeping oltl for public nslI)ectionnew scledules stlal iag pililnly the Cllanige or chlilges tolie iniilt' It he llsct dule or ,cheliduhls thenl in force andlie thl1le when the ellinge or ching'es will go Intoeffect. 'I'lul( Cointssion, for good ctise showI, nlayniltit changes tIo tlke effect wlithout requilring thethlily days' notlee herein Iirovi ed for Ity all orderstecifytng tie cliiges 844 to ho l nuide find tile tlhnewhlen thItey shatlli take effect and Ilie inniller hi whichthey sliall bt filet and publlslhed.

(e) Whenever filly such new schedule is fIlledl the('4o11 lxx III1l slliall hlve 1 ithority, illtier UInoll con-plaint or upon Its own Iniltlatlve without complaint,lit oice, id, If it so orders, without answer or foralpleniltng Ity ti1, public utility, but ultin reitsonaiblenotice, to eiater upon a hearing oIncerning the law-fulness of such rale, clrge, clisslfication, or service;fitd, eilng such lerng and tihe decision thereon,

lie Connissilo, upon iling with such schedules linddelivering to the puhlie it llty affected thereby it state-ment in wrling of Its reasons for such suspension,amy iAspedl the operation of such scliedule fill(] defer

the use of such rate, charge, classification, or service,but not for a longer period than five months beyondthe time when It would otherwise go lute effect; andifter full hearings, either completed before or aftertile rate, charge, classlfication, or service goes Intoeffect, the Connlsslon uuly make such orders withreference thereto is would be proper In a proceedingnitliated after It had become effective. If the pro-ceeding hats not been concluded an([ tin order madeat the expiration of such five months, the lroposedchange of rate, charge, clissifieation, or service slaultgo Into effect at the end of such period, but in caseof a proposcd increased rate o1 charge, thie Commis-slon miiy by order require the interested public utilityor public uililtles to keep accurate accountt In detailof ill nliount recelved by reison of such Increase,specifying by whom and li whose behialf such anmount.sire pli, ud upon colpletion of the hearing anddecision iiay by further order requlie such publicutility or public utlltles to refund, with llterest, tothe tpersons Iii whose behalf such iliounts were iatl,such lorti) of such Increased rates or clirges as byits declsion slaill be ftmnd not Justified. At fifty hear-lug Involvlig it rate or charge sought to be lIlreased,the burlen of proof to show tiit the Increased rateor charge Is just ind reasonuble shall be upon tilepublic utility, aind the Commissllo shall give to thehearilg and decision of such questions preferenceover other questions pendlng before It and decide thesitnlic is speedily its possl,o. (June 10, 1920, c. 285,§ 205, is added Aug. 20, 1935, c. 087, Title II, § 213, 49Stat. 851.)

§ 821e. Power of Commission to fix rates andcharges; determination of cost of production ortransmission. (it) Whenever the Commilssion, after ithearig had upon Its own mlotioll or' upoa comlplalnt,shall find tiat tiny rate, charge, or chlssificatlon, de-uanded, observed, charge(], or collected by tiny publicutility for nily translssiion or sale subject to theJurilsdiction of the Comnission, or tlhat aly I-ile, regi-latin, practice, or contract aiffecthig such rate, Charge,or 'lalssificalou Is unjust, unreasonable, unduly dis-crhlmnatory or preferential, the Colmilssion shall de-termitne thie just fill( reasonale r'ale, charge, classt-

flttllen, ril, regulltio, practlee, or contraet to bethereafter observed fiml(] In force, and lsill fix thoslilte 1by order.

(b) The Comiilssioni upon its own motion, or uplionthe request of filly State comnisslion whenever It caildi so without Irejudice to tii efitlent anid properConduct of Its iffiCirs, may Investiglte and delermIlIothe cost of the productoi or transintssion o electricenergy by iiniis of facilities under the Jurisdiction ofthe Coilnla Is .tioa Ini eases wlei'e tile Cilllla I1ss loll hIsio itlhority to estallish a rate governIlnum the salh.e ofsuch energy. (June 10, 1920, c. 285, § 2011, its liddedAug. 20, 1935, c. (87, Title II, § 213, 49 St'it. 852.)

§ q24f. Ordering furnishing of adequate service.Whenever the Comissioi, upon collaint of a Statecoil)ilsston, after notice to each Slate CoalIllisso0n andpublilc utility affected iand ifter oiportunlty for hear-lng, shall find that any Ilterstate service of any pull-lie utility Is Inadequate or Insufficient, the Contiisslonsliul (leterlune the proper, adequite, or suffictentservice to be furnished, uind1 shall fix the sillile by Itsorder, rule, or regulation: Provided, That the Com-misslan shall have no authority to compel th eularge-nient of generating faclllties for such pur oes, norto compel tle publie utilIty to sell or exchange energywhen to do so would ipaIlr its abilIty r to endel ade-quate service to Its customers. (Junto 10, 1920, c. 285,§ 207, its added Aug. 20, 1935, c. 087, Title II, § 213, 49Stit. 853.)

§ 821g. Aseertainment of cost of property and de-preciation. (a) The Connlssion may Investigate andascertain tite nctual legitilue cost of tile propertyof every pul c utilliy, the depreclat loll therein, find,when fiund necessary for rnte-imiking purposes, otherficts which bear ont the determinaton of such cost ordepreclatlon, and the fair value of such property.

§ 824d1 Page 182

TILE 10.-CONSERVATION

(b) Every public utility upon request shall filewith the Commission an Inventory of all or ainy partof its property and a statement of the original costthereof, and shall keep the Commission informed re-garding the cost of all additions, betterments, exten-sions, and new construction. (June 10, 1920, c. 285,§ 208, as added Aug. 26, 1835, c. 687, Title I, § 213,49 Stat. 853.)

§ 824h. Joint boards; composition; references toboards by Commission; cooperation with state com-missions. (a) The Commission may refer any matterarising in the administration of this Part to a boardto be composed of a member or members, as deter-mined by the Commission, from the State or each ofthe States affected ur to be affected by such matter.Any such board shall be vested with the same powerand be subject to the same duties and liabilities asin the case of a member of the Commission when des-ignated by the Commission to hold any hearings. Theaction of such board shall have such force and effectand its proceedings shall be conducted in such manneras the Commission shall be regulation prescribe. Theboard shall be appointed by the Commission from per-sons nominated by the State commission of each Stateaffected, or by the Governor of such State if there is noState commission. Each State affected shall be en-titled to the same number of representatives on theboard unless the nominating power of such Statewaives such right. The Commission shall have discre-tion to reject tile nominee from any State, but shallthereupon invite a new nomination from that State.The members of a board shall receive such allowancesfor expenses as the Commission shall provide. TimeCommission may, when in Its discretion sufficient rea-son exists therefor, revoke any reference to such aboard.

(b) The Commission may confer with any Statecommission regarding the relationship between ratestructures, costs, accounts, charges, practices, classi-filcations, and regulations of public utilities subject tothe jurisdiction of such State commission and of theCommission; and the Commission Is authorized, undersuch rules and regulations as it shall prescribe, tohold joint hearings with any State commission in con-nection with any matter with respect. to which theCommission is authorized to act. The Commission isauthorized In the administration of this Act to availItself of such cooperation, services, records, and fa-cilities as may be afforded by any State commission.

(c) The Commission shall make available to theseveral State commissions such information and re-ports as may be of assistance Iln State regulation ofpublic utilities. Whenever the Commission can do sowithout prejudice to the efficient and proper conductof Its affairs, it may upon request from a State makeavailable to such State as witnesses any of its trainedrate, valuation, or other experts, subject to reim-bursement to the Commission by such State of thecompensation and traveling expenses of such wit-nesses. All sums collected hereunder shall be cred-Ited to the appropriation from which the amountswere expended In carrying out the provisions of thissubsection. (June 10, 1920, c. 285, § 209, as addedAug. 26, 1935, c. 687, Title II, § 213, 49 Stat. 853.)

PART III-LICENSEES AND PUBLIC UTILITI.S:PROCEDURAL AND ADMINISTRATIVE PBOV_-SIONS

§ 825. Accounts, records and memoranda; duty tokeep; examination by Commission; disclosure of in-formation. (a) Every licensee and puhllc utilityshall make, keep, and preserve for such periods, swuhaccounts, records of cost-accounting procedures, cor-respondence, memoranda, papers, books, and otherrecords as the Commission may by rules and regu-lations prescribe as necessary or appropriate for pur-poses of the administration of this chapter, includingaccounts, records, and. memoranda of the generation,transmission, distribution, delivery, or sale of electricenergy, the furnishing of services or facilities in con-

nection therewith, and receipts and expenditures withrespect to any of tile foregoing: Provided, however,That nothing in this chapter shall relieve any publicutility from keeping any accounts, memoranda, orrecords which such public ullilty may be required tokeep by or under authority of the laws of any State.The Commission may prescribe a system of accountsto be kept by licensees and public utilities and mayclassify such licensees and public utilities aml pre-scribe a system of accounts for each class. The Colm-mission, after notice aml opportunity for hearing,may determine by order the accounts in which par-ticular outlays and receipts sladl be entered, charged,or credited. The burden of proof to justify everyaccounting entry questioned by tile Commission shallbe on the person making, authorizing, or requiringsuch entry, and the Commission may suspend a clargeor credit pending submission of satisfactory proof Insupport thereof.

(b) The Commission shall at all times have accessto and the right to Inspect and examine all accounts,records, and mnemoranda of licensees and publiutilities, and it shall be the duty of such licensees andpublic utilities to furnish to tile Conunisshio, vWithinsuch reasonable time as the Commission may order,any information with respect thereto which the Com-mission may by order require, Including copies ofmaps, contracts, reports of engineers, and other data,records, and Iapers, and to grant to all agents of theCommission free access to Its property and its ac-counts, records, and memoranda when requested so todo. No member, officer, or employee of the Comnmis-sion shall divulge any fact or Information which maycome to his knowledge during the course of examina-tion of books or other accounts, as lereinbefore pro.vided, except Insofar as lie may be directed by theCommission or by a court.

(c) The books, accounts, memoranda, and recordsof any person who controls, directly or indirectly, itlicensee or public utility subject to the jurisdiction ofthe Commission, and of any other company controlledby such person, Insofar as they relate to transactionswith or the business of such licensee or public utility,shall be subject to examination on the order of theCommission. (June 10, 1920, e. 285, § 301, as addedAug. 26, 1935, c. 687, Title II, § 213, 49 Stat. 854.)

§ 825a. Rates of depreciation; notice to state au-thorities before fixing. (a) The Comminssion my,after hearing, require licensees and public utilitiesto carry a proper and adequate (lepreciation accountin accordance with such rules, regulations, and formsof account as the Commission may prescribe. TheCommission may, from time to time, ascertain and de-termnine, and by order fix, tile proper and adequaterates of depreciation of the several classes of propertyof each licensee and public utility. Each licensee andpublic utility shall conform Its depreciation accountsto the rates so ascertained, determined, and fixed.Tile licensees ain public utilities suhject to the jurIs-diction of tile Comnaission shall not charge to oper-ating expenses any deptreciation charges on classes ofproperty other than those prescribed by the Coanils-Mn, or charge with respect to ainy class of lropertya percentage of depreciltion other than that pre-scribed therefor by the Commission. No such licenseeor puhlic utility shall in any case include in anyform under Its operating or other expenses any depre-clation or other charge or expenliure iicluded else-where as a depreeliation clharge or otherwise underIts Operating or other expenses. Not hing in this sec-tlion shall limit the power of a State commission todeltermine in t lie exelclqe of its jurlsdlction, withrespect to any public utilliy. the percenige rate ot'depreciation to be allowed, as to any chiss of propertyof such public utility, or the composite deprei ihthlorate, for tile loturptose of determiig iates or clhiiigoq.

(b) The Commission, before prescribing tnny rules orrequirements as to accountlts, re ords, or inlenlorand , oras to depreciation rates, sibll totify ecih Siate com-mission having jurisdiction wvidl respect to tiny putlicutility involved, and shall give reasonable opportunity

Page 183 1825a

TITLE 16.-CONSERVATION

to each such commission to present its views, and shallreceive and consider such views and reconoenda-lions. (June 10, 1920, e. 285, § 302, as added Aug. 26,3135, c. (87, Title II, § 213, 49 Stat. 855.)

§ 825b. Requirements applicable to agencies ofUnited States. All agencies of the United States en-gaged li the generation and sale of electric e. 2rgyfor ulthnte distributtor to the lublic shall be subject,as to 1il foiellitles used for such generation and stle,and as to the electric energy sold by such agency, tothe provilions of sel ions 825 old 825a of tins clapter,,o fiar s nlay be practicable, anld shall comply witih tihe

provisions of such sections antI with the rules andregulhtions of tbe Commnission thereunder to the samneextent is inty he required in the case of a publicutlity. (June 10, 1020, e. 285, § 303, is added Aug.26t, 1935, c. 687, § 213, Title II, 49 Stlt. 855.)

§ 825c. Per;odic and special reports; obstructingfiling reports or keeping accounts, etc. (a) EveryIhleelsee and every public utility shalli ffile with tieCommission sucii ann l rnd other periodic or specialreports its lii Commission in y by rles and regul-ilols or order prescribe its le'essary or apliproprilteto assist th Comisslon li tie proper idininistra-lion (f ti s ciiiapter. The Cominilsslion may Iprescrlbetiilll a i ni iii' nd forill I wlhi h such rep oris shrall beinilde, 1111d requaire from such persons specific answersto all questiois upon wich the Commission siiay needihforinilon. The Commnissio nmay requlie thit suchreports shall Include, amnong other tings, full Infor-hIIItioi us to issets and lililities, capitalization, netInveslment, and reduclio t1hereof, gross receipts,Irierest due aind pill(h, delpreciition, ind other re-serves, cost of project rnd otler facilities, cost, ofm aintenance and operation of tie project and otherfacilities, cost of reuewinls and replacement of theproject works and otier facilities, depreciation, gen-eration, transnission, (list rlbutlon, delivery, use, andsale (if elclric energy. Tue Commission iray requiretirny such person to make adequate provision for cur-rently deterninlg such costs and other filets. Suchreports sall bie nmde under oath unless the Comuins-shin otiierwise specifles.

(b) It shall he unlawful for any person willfullyto binder, deliy, or obstruct the making, filing, orkeelping of iny Inforunatilo, docunen t, report, ieno-rar iuni, rccord, or iccount required to be imirde, filed,or kelit under tils chpter or lilly rule, regulation, ororder thereunder. (June 10, 1020, c. 285, § 304, asidded Aug. 26, 1935, c. 687, Title II, § 213, 49 Stat.855.)

§ 825d. Officials dealing in securities; declaringdividends out of capital account; interlocking direc-torates. (i) It shall be unlwful for any officer ordirecto of ally niblilc utility to receive for his ownhenefit, direclly or indirectly, any lloney or thiing ofvalue in respect of the negotiation, hrypothecation,or sae by such plille utility of iiny security Issuel orto he Issned by such public utility, or to share In anyof tie proceeds thereof, or to participate In the nilirngor layihg of ally dividends of such pulie uItil ity fronitiny funds prolper]" Included in capital account.

(b) After six months from Arugu-t 26, 1935, It shallbe unliwful for tiny person to hold the posithin ofoflicer or director of nore thlan one public utility orto h1ol tie position of oflcer or dlreclor of a Iublicutillty id tie position of ofihcer or director of ianybank, ti ist comipa ny, banking assoelntio, or fiim thiatIs authorilzed by low to underwrite or participate itnthe narketlng of securities of i public utility, or otil-cer or director of tiny conipany supl ying electrlcalequpment to such public utility, unless tlie holdIg ofsuch positlons slial l have beei Iuihrlized iy orderof tile Connlssion, upon de sliowihg In form andlaniiir prescribed Iby the ComiIssion, that iilther,uiblI nor private Interests will be adversely affectedthereby. Tire Colmission shall nit gir nt iny such11utl orizat ion in reslect of such positIoils held onAugust 26, 19:5, utilvsai applicaion for such autholrlza-tieis is filed with the Connissionu within sixty days

after that dute. (June 10, 1920, c. 285, § 305, as addedAug. 26, 1935, c. 687, Title II, § 213, 49 Stat. 850.)

§ 825e. Complaints. Any person, State, municipal-Ity, or State commission complliing of anything doreor onitled to be done by iny licensee or public utilityIn contravention of the provisions of this'chapter mayapply to tire Commission by petition which shallbriefly state tire filets, wihereuponi a statement of tiecomplaint thus made shall be forwarded by the Com-mission to such licensee or public utility, who shall becalled upon to satisfy the complaint or to answer tiesane iln writing within a reasonalie time to be speci-fied by tihe Conmission. If such licensee or publicutility shlil not satisfy the complaint wiltin tile timespecifie( or there shall appear to lie any reasonableground for Investigating such complirlnt, it shall bethe duty ,)f the Commission to investigate the mattersconmlailed oif In such mninner and by such ncrns asIt shall find proper. (June 10, 1920, c. 285, § 306, asadded Aug. 26, 1935, c. 687, Tile II, § 213, 49 Stat.850.)

§ 825f. InvestigaIons by Commission; attendanceof witnesses; depositions; immunity of witnesses.(a) The Conmmisslon uuiy Investigate any filcts, con-ditlons, practices, or matters which It nmy find neces-sary or proper in order to determine wihether tinyperson has violatei] or is about to violate any pro-vision of this clinlpter or any rule, reguintlan, or orderthereunder, or to ald i the enforcenmeut of the pro-vision,, of this chapter or in prescribing rules or regri-latioii thereunder, or ili ohbtinnrg Inforimation toserve its it basis for recommending further legislationcocernig the malltters to Mitch this claptcr relates.Tle Commission may Ircrnrll rny person to file with Ita statement in writing under oath or otherwise, as itslill determile, irs to ainy or all filets and clhcxni-stances concernrn a mnlter which iuiy be the subjectof Investlgatlon. The Commission, in Its discretion,may publish or iriake available to State couissionsinformation concering trny such subject.

(b) For the purpose of any investigation or anyother proceeding under this chapter, tily member ofthe Commission, or any officer designated by it, isempowered to administer otthis and afliriiations, sub-pent witnesses, compel their' attendirice, take evi-deuce, and require the production of tiny iooks, papers,correspoidence, nieUorrulr, cc-itracts, igreirents, orother records which the Commission find1s relevant ormaterial to the Inquiry. Such attendance of witnessesand the production of any such records my ie re-quired from tiny place it the United States it anydesignated pilace of lrearing. Witnesses sunnrned bythe Conmlssio to appeal' before it shall be pill thesame fees and mileage that are palid witnesses in thecourts of the United States.

(c) Iri case of contunicy by, or refusal to obeya subpenia issued to, any person, tire Comirnnssion mayIlvoke the aid of nay court of the UnIted Stateswithin the jurisdiction of wlich such investigation orproceeding Is carried on, or where such person residesor carries on business, In requirlng the attendanee andtestimony of witnesses and the production of books,papers, correspolndence, nienorandu, contracts, agree-nients, and other records. Such court iriy issue anorder requiring such person to appear before the Con-missm or nenilber or ofilcer designated by the Com-

inlssionr, there to prodluce records, If so ordered, or togive testinmony touchinmg the mnatter under investiga-thin or i question ; anil tiny fallure to obey suchorder of the eourt may be punished by sucr court asa contemipt thereof. All lirocess in tiny such casemay be served Ir tie jndicill tistrict whereof suchperson is tn inhabitint or wherever lie nriy le foundor nmy be doilg business. Any person who willfullyshall fall or refuse to attend and testify or to tin-swer tily lawful Inquiry or to Iiroduce books, papers,corresponlence, neniorriida, contracts, agreemirents, orother records, if I ri Is or its power so to do, inobedience to the sulpena o' tire Cmissitn, shall beguilty of a misdemeanor and, upon conviction, shall be

j 8251b Page 184

TITLE 10.-CONSERVATION

subject to a fine of not more than $1,000 or to im-prisonment for a term of not more than one year, orboth.

(d) The testimony of any witness may be taken, atthe instance of a party, i any proceeding or Investi-gation pending before the Commission, by deposition,at any time after the proceeding is at issue. The Com-mission may also order testimony to be taken bydeposition in any proceeding or Investigation pend-ing before It, at any stage of such proceeding or In-vestigation. Such depositions may be token beforeany person authorized to administer oaths not beingof counFel or attorney to either of the parties, norinterested in the proceeding or investigation. Rea-sonable notice must first be given in writing by theparty or his attorney pr(,psing to take such deposi-tion to the opposite party or his attorney of record,as either ay be nearest, which notice shall state thename of the witness and the time and pl1ce of thetaking of his deposition. Any person may be com-pelled to appear and depose, and to produce docu-mentary evidence, i the same manner as witnessesmay be compeiled to appear and testify tid producedocuaentary evidence before the Commission, as here-Inbefore provided. Such testimony shall be reducedto writing by the p'.:E m taking tie deposition, orunder his direction, and slhll, after it has been re-duced to writing, be subscribed by the deponent.

(e) If a witness whose testimony may be desired tobe taken by deposition be in a foreign country, thedeposition may be taken before an ofilcer or persondesignated by the Commission, or agreed upon by theparties by stipulation in writing to be filed with theCommission. All depositions must be promptly filedwith tie Commission.

(f) Witnesses whose depositions are taken as au-thorized in this chapter, an( the person or ofilcertaking the same, shall le entitled to the same feesas are paid for like services in the courts of theUnited States.

(g) No 1.erson shall be excused from attending andtestifying or from producing books, papers, corre-spondence, ntenioranda, contracts, ag'eenients, or otherrecords and documents before the Commission, or inobedience to the subpena of the Commission or anymember thereof or any oflleer designated by it, or intny cause or proceeding Instituted by the Conmmission,on the ground that the testimony or evidence, docu-mentary or otherwise, required of him may tend toincriminate him or subject him to a penalty or for-feiture; but no individual slall be prosecuted or sub-Jected to any penalty or forfeiture for or en accountof any transaction, matter, or thing concerning whichhe is compelled to testify or produce evidence, docu-mentary or otherwise, after having claimed ls privi-lege against self-incrimination, except that such indi-vidual so testifying shall not be exempt from prose-cution and punishment for perjury committed in sotestifying. (June 10, 1920, c. 285, § 307, as addedAug. 26, 1935, c. 687, Title II, § 213, 49 Stat. 856.)

§ 825g. Hearings; rules of procedure. (a) Hear-lngs under this chaler may be held before theCommilssion, any Inenier or iemnbeors tilercf orany representative of the Commission designated byit, fild appropriate records thereof shall be kept. Inny proceeding before it, the Commission, in accord-ane with such rules and regulations as it may pre-scribe, may admit as a party any interested State,State commission, municipality, or any representqtiveof interested consumers or security holders, or anycompet It or of a party to such proceeding, or any otherperson whose particlpation in the proceeding may bein the Iipublic interest.

(h) All hearings, investigation, nll proceedingsunder this chapter shall be governed by rules of prac-tice anad procedure to be adopted by the Commission,nmi in the conduct thereof the technical rules of evi-ilence need not be ap)lied. No Informality in anyhearing, investigation, or prcee'ilng or In the mannerof tiking testimmy shall Invalidate tiny order, dlci-sian, rule, or regulation issued under the authority

of this chapter. (June 10, 1920, e. 285, § 308, asadded Aug. 20, 1935, c. 687, Title II, § 213, 49 Stat.858.)

§ 825h. Administrative powers of Commissionirules, regulations, and orders. The Comaisdon shallhave power to perform aiy and till acts, and to pre-scribe, Issue, make, amend, and rescind such orders,rules, and regulations as it may find necessary orappropriate to carry out the provisions of this chap-ter. Among other things, such rules and regulationsmay define accounting, technical, and trade termsused III this (lhapter; and may prescribe the forin orforms of till statements, declarations, applications,and reports to be filed with the Commission, the in-formation which they shall contain, and the timewithin which they shall be fled. Unless a differentlate Is speciled therein, rules ind regulations of theCommission shall be effective thirty days after pulbll-cation III the manner which the Commls,.Ion shull pre-scribe. Orders of the Commission shall be effectiveon the date and iII the manner which the Commissionshall prescribe. For the purposes of Its rules andregulations, the Commissio inay classify persons andmatters within its jurisdiction and prescribe differ-emt requirements for different (lasses of persons ormatters. All rules and regulatians of the Conimis-sion shalt lie filed with Its secretary till(] shall be keptopen in convenient forni for public inspectlon aindexamiatiton during reasonable business hours,(June 10, 1920, e. 285, § 309, ts added Aug. 26, 1935,c. 685, Title II, § 213, -9 Stat. 'J58.)

§ 825i. Appointment of officers and employees;compensation. The Conmission is authorlzed to Iuii-point and fix the cmnilensation of such offers, atter-nys, exallmiers, flil experts as mny be necessary forcarrying out its fumctions umder this chapter, withoutregard to the provisions of other laws applicable tothe employment and compensaton of officers and cat-ployees of the United States; and the Connnir..(mmay, subject to civil-service laws, appoint such otherofficers and employeits tire necessary for carryingout such functions and fix their salaries in accord.ance with sections 661 to 674 of Title 5. (June 10,1920, e. 285, § 310, as added Aug. 20, 1935, c. (87,Title II, § 213, 49 Stat. 859.)

§ 825j. Investigations relating to electric energy;reports to Congress. In order to secure infornationnecessary or a11iopriate as a basis for recoltnlenl-lng legislation, the Conmmisslon Is authorized an di-rected to conduct investigations regarding the gen-eration, transmission, dlstributlon, and sale of electricenergy, however produced, tlhroughout the UnitedStates and Its possessions, whelher or not otherwisesubject to tie Jurisdiction of the Commission, iiuud-big the generation, transmission, (list ribution, and s1l1of electric energy by any agency, nutorilty, or Instru-mentality of the United States, or of any State ormunicipaiity or other political subdivision of a State.It shall, so far us praeticable, secure and keep cutr-rent iII fortnt lon regarding tile ownershlp, operation,managenent, tid control of all failities for st,(1h gei-erat:on, trinsniIaiion, dlistrlihulo, and sale; ilhe ci.pit cit7 antd output thereof and tilhe refiionship be.

weein tie I two ; tile cost of generation, trainsll.sslot,and distribution; tile rates, cha rge.", and vmii-t raets Inrespect of the sile of electric ene rgy and Its service toresideitlil, rul'il, coniii(ir(t'i, tind industritl cot-sulnlers antl o lter ptrethai ers by private aind publicagencies; ind ie rela ilmm of Iny Or ill such facts totile develhpment of navigition, Industry, coininee,Had the nlltimnill defense. ThIe Comll1lon shalt i-port to Congress tile results of Investigations alliunder tuthority of' this secttio. (June 10, 1920, e. 285,§ 311, u; addet' Au. 216, 1935, e. 687, Title IT, § 213, 49Stat. 859.)

§ 825k. Publication and sale of reports. The Cola-li s5 ion liiy Irovihh for ile pl)llealion of its re-iomrts lolnd delsiins In such forii and nnliier atS 111tytic l)st adapted for public Information ii ii use, tinti

page M8, § 825k

T ITLE,, i,-CONSEIIVATION

Is authorized to sell at reasonable prices copies of tillnlips, III I Iso, lilld rpltl it IIs it may fromt tile tothi14 nou*l iish. Such reasonable prices may Inclde thecost of comilioll, comptsition, and reproduction.'ill ('onnlssi is i S also aulthorilzed to niake suchclarges ias II deens reasonatle for spedlat statisticalservitt nid other spe(chl or leritodlc serv'ices. Thealt1o11is tilheetv( undier tiis seclio shall be depos-ited i the T're.iisury to the credit of miscellanieous re-cIits. All printing for the Federal Power Conimis-siot) n in, ing n"e of engravihg, lithography, find polto-illiigraly, togttlher with tie plates for the same,shall h o colitrated for antd iperformied under the di-rellot of the ('oilnillssIon, urider stuch li in t ationsJind conditlSions l14 ile, Joint C!ommllitte.e oil Printinghilly front line to Ihne lrescribe, and all other print-lg for the Coiliissitoi shiiil be dolie hy the Publici'rn1ter under such liiiiitntions aiid conditions 11s the

.dllit (ConiniItie on Printing may frome timne to tineire.scrlbe. The entire work nity be done tit, or or-

dered through, tIie Goverilnicn i Printing Office when-ever, ili t jil udgnent of tile Joint Committee onI'rintiig, tie sa me would le to the interest of theGoveinient1: l'roridcd, That when the exigencies ofthe public i ervice so require, the Joint Committee oil'rilting may autlirize tie (tmmission to inike im-

iedhltite coltrlcts for engraving, lithographlng, andlitolithtgriphilng, without advertiseiient for pro-posalis: Proridcd furither, That nothing contained ilis clhaiter or any other Act shall prevent the Fed-(ral 'ower Cnomnission fron placing orders withother (lelhtaltnents or estaitshments for enigravilg,lithogradhing, nnd lilttilithographhing, it accordancewith tIme prtvisions of sections 8(6 and 6861h of Title5, providing for interdepartmental work. (June 10,192), e. 285, § 312, is added Aug. 21, 11935, c. 687,Title 11. § 213, 49 Stat. 859.)

§ 8251. Rehearings; court review of orders. (a)Any perstin, State, mnilclpallty, or State comilsslonaggrieved by an order issued by the Comnnission in aproceeding under this chapter to which such person,Btate, municipality, or State commission is a partymay apply for a rehearing witlhin thirty days afterthe Issuance of such order. The application for re-hearing shall set forth specifically fhe ground orgrounds upon which such application is based. Uponsuch applhatloui the Commnission shiall have power togrant or deny rehearing or to abrogate or modify Itsorder withiut further iaring. Unless the Connls-sIen acts upon the application for rehearing withinthirty days after It Is filed, such appllcatlon iay bedeviled to iave been denied. No proceeding to reviewany order of the Coninission sliall le brought by anyperson unless such person shall have made applicationto the Conimissitn for it rehearing thereon.

(b) Any party to a proceedliig under this chapteraggrieved liy an order issued by the Commission insuch proceeding may obtain a review of such order inthe Circuit Court of Appeals of the United States forany circuit wherein tie licensee or public utility towhich the order relates Is located or has its principalplace of usliness, or in the United States Court ofAppeals for the District of Columlia, by filing iln suchcourt, within sixty days after the order of the Coat-mission upon the aPlp lcation for rehieaini, a writtenpetition praying that the order of the Commission beniodified or set aside itn whole or in part. A copy ofsuch ptIt ion shall forthwith b3 served upon any iiem-ber of the Commision and thereupon the Conmlsslonshall certify and file with tile court It transcript of therecord upon which lie order compined of was eil-tered. Upon tile filing of such transcript suh courtshall have exclusive jurisdlictio to alirin, inclify, orset, asile such order in wl'ole or In part. No obJec-tion to the order of the Colaiisslon shall Ie ctnsid-ered by the court unlo,'s such, objection shall have beenurged before the C nliiiiissioa In tile applicat lo for re-hearing unless there Is reasonable ground for falhureso to do. The finding of the Comniission as to tilefacts, if supported iy substantial evhlene, sl1il leconclusive. If any party shall apply to the court for

leave to adduce additional evidence, and shall show tothe satisfaction of the court that such additional evi-dence is niaterial nnd that there were reasonablegrounds for failure to adduce such evidence in theproceedings before the Conmnission, the court mayorder such additional evidence to be taken before theConitiission and to be adduced upon the hearing insuch manner nnd upon such terms and conditions as tothe court may seem proper. The Come isslon maymodify its ,illings as to the facts by reason of theadditional evidence so taken, and it shall file with thecourt such iodilfltl or new findings which, If sup-portid by substantil evilence, shall be conclu,4ve,and Its recoi niendaton, if tiny, for the modificationor setting asile of the original order. The Judgmentan( decree of the court, affiriniag, modilfying, or settingasile, in whole or in part, tiny such order of the Coi-iisslon, shall Ie final, subject to review by the St-prene Court of the United States upon certiorari orcertiflcatloit as provided li sections 3.16 and 347 ofTitle 28.

(c) The filing of an application for rehearing undersubsection (a) shall not, unless specifically ordered bytie Commnission, operate as a stay of the Coinmission'sorder. The commencement of proceedings under sub-section (I) of this section shall not, niless specificallyordered by the court, operate ns a still of the Coninis-sin's order. (June 10, 1935, c. 285, § 313, as addedAug. 20, 1935, c. 687, Title II, § 213, 49 Stat. 860.)

§ 825m. Restraining violations; mandamus to com-pel compliance with law; employment of attorneys.(a) Whenever it shall appear to the Commission thatany person Is engaged or aliout to engage in tiny actsor pIactlces which constitute or will cinstitute a vio-latiota of the provislon3 of this chipter, or of anyrule, regulation, or order thereunder, it niay Il Itsdiscretion brimg an action in the proper DistrictCourt of the United States, the Supreme Court of theDistrict of Columlia, or the United States courts oftny Territory or other place subject to the jurlsdic-lion of the United States, to enjoin suph acts or prac-tices and to enforce conipliance with this chnpter orany rule, regulation, or order thereunder, and upon aproper showing a permanent or temporary injunctionor decree or restraining order shall be granted with-out bond. The Commission may transmit such evi-dence as may be available concerning such nets orpractices to the Attorney General, who, In hils discre.tion, ilay Institute the necessary erhinnal proceedingsunder this chanter.

(h) Upon application of the Commlission the dis-trict courts of the Unite(] States, the Supreme Courtof the District of Columbia, and the United Statescourts of tiny Territory or other place subject to theJurisdliction of the Unite(] States shall have Jurisdic-tion to Issue writs of mandamus commanding anyperson to comply with the provisions of this chapteror any rule, regulation, or order of the Commissionthereunder.

(c) The Counission may employ such attorneys nsit finds necessary for proper legal ithl and service ofthe Cmnission or its memhers lii the condtict oftheir work, or for proper representation of ttie publicinterests in Investlgations lnade by It or cases or pro-ceedliigs pendthag before It, whether tit the Conimls-Sloll's own instance or upon comlhaint, or to itilIearfor or represent the Coinalission itn any case ill court;and tle expenses of sucl emlohymeit shall le liliout of the appropi'atiin for the Cminisshtn. (Juno10, 1920, e. 285, § 31-i, as added Aug. 2(1, 19:35, c. (87,Title 11, § 213, 49 Stat. 861.)

§ 825n. Forfeiture for violations; recovery. (a)Any licensee or pulilc utility which wilifuilly falls,within the time prescribe(] Iy the Coulanissm, to coi-ply with any order of the Commissio, to file any re-port required under this halpter or iny rule m' regula-tion of the Commlnisslon thereunder, to suhmnilt tny Iln-forniation or documnt requihed by the Coinm Iss ltii Inthe course of an Investigation condticted under thischnpter, or to appear by an officer or agent at any

§ 8251 Page 180

TITLE 16.-CONSERVATION

hearing or investigation in response to a suopenaissued under this chapter, shall forfeit to the UnitedStates an amount not exceeding $1,000 to be fixed bythe Commission after notice ansi opportunity for hear-lng. The imposition or payment of any such for-feiture shall not bar or affect any penalty prescribedin this chapt,"r but buch forfeiture shall be it additionto any .uch penalty.

(b) The forfeitures provided for In this chaptershall be payable into the Treasury of the UnitedStates mad shall be recoverable in a civil suit in thename of the United States, brought in the districtwhere ihe person is an Inhabitant or hais his principalplace of business, or if a licensee or public utility, inany district in which such licensee or public utilitytransacts business. It shall be the dutv of the variousdistrict attorneys, under the direction of the AttorneyGeneral of the United States, to prosecute for the re-covery of forfeitures under this chapter. Tie costsand expenses of such prosecution shall lie paid fromthe appropriations for the expenses of the coirts ofthe United States. (June 10, 1920, c. 285, § 315, asadded Aug. 20, 1935, c. 687, Title II, § 213, 49 Stat.861.)

§ 825,. Penalties. (a) Any person who wilIfuhyand knowingly does or causes or suffers to be dmeiny act, matter, or thing in this chapter prohibiter o.declare(] to be unlaiful, or who willfully anti know-ingly omits or falls to do any act, natter, or thing inthis Act required to be done, or willfully and knnw-Ingly causes or suffers such omission or failure, slall,upon conviction thereof, be punished by a fine of notmore than $5,000 or by imprisonment for not morethan two years, or both.

(h) Any person who willfully and knowingly vio-lates any rule, regulation, restriction, condition, ororder made or imposed by the Commission under au-thorlty of this chapter, or any rule or regulationimposed by the Secretary of War under authority ofPart I of this chapter shall, in addition to any otherpenalties provided by law, be punished upon convic-tion thereof by a fine of not exceeding $500 for eachand every day during which such offense occurs.(June 10, 1920, c. 285, § 316, as added Aug. 26, 1935,

c. 687, Title II, § 213, 49 Stat. 862.)§ 8 25 p. Jurisdiction of offenses; enforcement of

liabilities and duties. The District Courts of theUnite(] States, the Supreme Court of the District ofColumbia, and the United States courts of tiny Terri-tory or other place subject to the jurisdiction of theUnited States shall have exclusive jurisdiction of vio-lations of this chapter or the rules, regulations, andorders thereunder, and of all suits in equity and ac-tions at law brought to enforce any liability or dutycreated by, or to enjoin any violation of, this chapteror any rule, regulation, or order thereunder. Anycriminal proceeding shall be brought In the districtwherein any act or transaction constituting the viola-lion occurred. Any suit or action to enforce any lia-bility or duty created by, or to enjoin any violationof, this chapter or any rule, regulation, or orderthereunder may be brought in any such district or inthe district wherein the defendant Is an inhabitant,and process in such cases may lie served wherever thedefendant may lie found. Judgments and decrees sorendered shall be subject to review as provided Insections 225 and 347 of Title 28. No costs shall beassessed against the Commission in any judicial pro-ceeding by or against the Commission under thischapter. (June 10, 1920, c. 285, § 317, as added Aug.26, 1935, c. 687, Title II, § 213, 49 Stat. 862.)

§ 825q. Conflict of jurisdiction. If, with respect tothe issue, sale, or guaranty of a security, or assump-tion of obligation or liability in respect of a security,the method of keeping accounts, the filing of reports,or the acquisition or disposition of any security, capi-tal assets, facilities, or any other subject matter, anyperson is subject both to a requirement of sections 79to 79z-6 of Title 15 or of a rule, regulation, or orderthereunder and to a requirement of this chapter or of

90977"-36---13

a rule, regulation, or order thereunder, the require-ment of sections 79 to 79%G-6 of Ttlile 15 shall applyto such person, and such persen shall not be subjectto the requirement of this chapter, or of any rule,regulation, or order thereunder, with respect to thesame subject matter, unless the Securities and Hx-change Comnission has exempted such person fromsuch requirement of sections 79 to 79z,-6 of Title 15,In which case the requirements of this chapter shallapply to such person. (June 10, 11)20, c. 285, § 318, asadded Aug. 26, 1935, c. 087, Title II, § 213, 49 Stat.S63.)

§ 825r. Separability clause. If any provision ofthis chapter, or the application of such provision toany person or circumstance, shall be held Invalid, theremainder of the chapter, infd the application of suchprovision to persons or circumstances other than thoseas to which it Is held Invalid, shall not be offectedthereby. (June 10, 1920, c. 285, § 319, as ndded Aug.26, 1935, c. 687, Title II, §'213, 49 Stat. 863.)

Chapter 12A.-TENNESSEE VALLEY AUTHOR-ITY ACT

§ 831c. Corporate powers generally; eminent do-mrin; construction of dams, transmission lines, etc.

* * * * *

(I) Shall have power to acquire real estate for theconstruction of dams, reservoirs, transmission lines,power houses, and other structures, and navigationprojects at any point along the Tennessee River, orany of its tributaries, and in the event that time oiwneror owners of such property shall fail an(s refuse tosell to time Corporation at a price deemed fair andreasonable liy the board, then the Corporation nmyproceed to exercise the right of eminent doniiin, andto condemn all property that it deems necessary forcarrying out the purposes of this chapter, and illsuch condemnation proceedings shall be had pursuantto the provisions and requirements hereinafter speci-fled, with reference to any and sill condeniation liro-ceedings: Providcd, That nothing contained herein orelsewhere in this chapter shah lie construed to de-prive the Corporation of the rights cnnferred bysections 258si to 258e, inclusive, of Title 40.

(j) Shall have power to construct such dains, andreservolhs, In the Tennessee River andl Its tributaries,as in conjunction with Wilson Damn, tina Norris,Wheeler, and Pickwick Landing Dam%, now underconstruction, will provide a nine-foot clmnnel in thesaid river and maintain a water supply for the same,from Knoxville to its mouth, and will best serve topromote navigation on the Tennessee River and itstributaries and control destructive flood waters in theTennessee and Mississippi River drainage basins; andshall have power to acquire or construct powerhouses, power structures, transmission lines, naviga-tion projects, and incidental works in the TennesseeRiver and its tributaries, and to unite the variouspower installations Into one or smore systems bytransmission lines. The directors of the Authorityare hereby directed to report to Congress their ree-ommendations not later than April 1, 1936, for theunified development of the Tennessee River system.

(k) At any tine before the expiration of five yearsfrom August 31, 1935 may in the name of and asagent for the United States and subject to approval ofthe President, dispose of any of such real property asIn the julgment of the Board may be no longer neces-sary in carrying out the purposes of this chapter, butno hlnd shall be conveyed on which there is a perma-nent shum, hydraulic power plant, fertilizer plant ormunitions plhnt, heretofore or hereafter built by or forthe United States or for the Authority.

(1) Shall have power to advise and cooperate in thereadjustment of the population displaced by the con-structlon of dams, tle acquisition of reservoir areas,the protection of watersheds, tie acquisition of rights-of-way, and other necessary acquisitions of land, inorder to effectuate the purposes of the chapter; and

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