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an agreement as to the rules for the measurement of vessels and cargoes and the rates of charges or tolls to be levied for the use of the Saint Lawrence Seaway, and for an equitable division of the revenues of the seaway between the Corporation and the Saint Lawrence Seaway Authority of Canada. Such rules for the measurement of vessels and cargoes and rates of charges or tolls shall, to the extent practicable, be established or changed only after giving due notice and holding a public hearing. In the event that such negotiations shall not result in agreement, the Corporation is authorized and directed to establish unilaterally such rules of measurement and rates of charges or tolls for the use of the works under its administration: Provided, however, That the Corporation shall give three months' notice, by publication in the Federal Register, of any proposals to establish or change unilaterally the basic rules of measurement and of any proposals to establish or change unilaterally the rates of charges or tolls, during 68. Stat. 96, which period a public hearing shall be conducted. Any such establish- 68 Stat. 91. ment of or changes in basic rules of measurement or rates of charges or tolls shall be subject to and shall take effect thirty days following the date of approval thereof by the President, and shall be final and conclusive, subject to review as hereinafter provided. Any person aggrieved by an order of the Corporation establishing or changing such rules or rates may, within such thirty-day period, apply to the Corporation for a rehearing of the matter upon the basis of which the order was entered. The Corporation shall have power to grant or deny the application for rehearing and upon such rehearing or without further hearing to abrogate or modify its order. The action of the Corporation in denying an application for rehearing or in abrogating or modifying its order shall be final and conclusive thirty days after its approval by the President unless within such thirty-day period a petition for review is filed by a person aggrieved by such action in the United States Court of Appeals for the circuit in which the works to which the order applies are located or in the United States Court of Appeals for the District of Columbia. The court in which such petition is filed shall have the same jurisdiction and powers as in the case of petitions to review orders of the Federal Power Commission filed under section 313 (b) of the Federal Power Act (16 U. S. C. 8251). 49 Stat. 860. The judgment of the court shall be final subject to review by the Supreme Court upon certiorari or certification as provided in sections

1254 (1) and 1254 (3) of title 28 of the United States Code. The 62 Stat. 928. filing of an application for rehearing shall not, unless specifically ordered by the Corporation, operate as a stay of the Corporation's order. The filing of a petition for review shall not, unless specifically ordered by the court, operate as a stay of the Corporation's order.

(b) In the course of its negotiations, or in the establishment, unilaterally, of the rates of charges or tolls as provided in subsection (a), the Corporation shall be guided by the following principles:

(1) That the rates shall be fair and equitable and shall give due consideration to encouragement of increased utilization of the navigation facilities, and to the special character of bulk agricultural, mineral, and other raw materials.

(2) That rates shall vary according to the character of cargo with the view that each classification of cargo shall so far as practicable derive relative benefits from the use of these facilities.

(3) That the rates on vessels in ballast without passengers or cargo may be less than the rates for vessels with passengers or cargo.

All 68 Stat, 974) That the rates prescribed shall be calculated to cover, as nearly as practicable, all costs of operating and maintaining the works under the administration of the Corporation, including depreciation, payment of interest on the obligations of the Corporation, and payments

in lieu of taxes.

(5) That the rates shall provide, in addition, for the Corporation revenues sufficient to amortize the principal of the debts and obligations of the Corporation over a period not to exceed fifty years. Approved May 13, 1954.

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To consolidate the Parker Dam power project and the Davis Dam project.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That, for the pur- Parker-Davis poses of effecting economies and increased efficiency in the construction, project, Ariz.operation, and maintenance thereof and of accounting for the return Calif.-Nev. of reimbursable costs, the Secretary of the Interior is authorized and directed to consolidate and administer as a single project to be known as the Parker-Davis project, Arizona-California-Nevada, the projects known as the Parker Dam power project, Arizona-California, and the Davis Dam project, Arizona-Nevada: Provided, That nothing in this Act shall be construed to alter or affect in any way the Boulder Canyon

Project Act (45 Stat. 1057), the Boulder Canyon Project Adjustment 43 USC 617t. Act (54 Stat. 774), or the treaty between the United States of America 43 USC 6180. and the United Mexican States, signed at Washington on February 3.

1944, relating to the utilization of the waters of the Colorado and 59 Stat. 1219. Tijuana Rivers and of the Rio Grande from Fort Quitman, Texas, to the Gulf of Mexico: Provided further, That nothing in this Act shall be construed to alter or affect in any way any right or obligation of the United States or any other party under contracts heretofore entered into by the United States.

SEC. 2. Funds heretofore appropriated for the Parker Dam power Funds. project, Arizona-California, and the Davis Dam project, ArizonaNevada, shall be consolidated and shall be and remain available for the purposes for which they were appropriated. Approved May 28, 1954.

Chapter 310 - 2d Session
S. 3090

AN ACT

To authorize the transmission and disposition by the Secretary of the Interior of electric energy generated at Falcon Dam on the Rio Grande.

Transmission

58 Stat. 255.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the electric Falcon Dem. power and energy generated at Falcon Dam, an international storage and disposition reservoir project constructed on the Rio Grande pursuant to the treaty of electric of February 3, 1944, between the United States and Mexico (Treaty energy. Series 994), which is made available to the United States under the 59 Stat. 1219. provisions of said treaty and under such special agreements as may be concluded between the two Governments pursuant to the provisions of said treaty and not required in the operation of such international project, all as determined by the Commissioner of the United States Section, International Boundary and Water Commission, shall be delivered to the Secretary of the Interior (hereinafter referred to as the Secretary) who shall transmit and dispose of such power and energy in such manner as to encourage the most widespread use thereof 68 Stat. 256. at the lowest possible rates to consumers consistent with sound business principles, the rate schedules to become effective upon confirmation and/ approval by the Federa! Power Commission. Rate schedules shall be drawn having regard to the recovery (upon the basis of the application of such rate schedules to the capacity of the electric facilities of the project) of the cost of producing and transmitting such electric energy, including the amortization of the capital investment allocated to power by the Secretary, in collaboration with the Secretary of State, over a reasonable period of years. Preference in the sale of such power and Preference. energy shall be given to public bodies and cooperatives. The Secretary is authorized, from funds to be appropriated by the Congress, to construct or acquire, by purchase or other agreement, only such transmission lines and related facilities as may be necessary in order to make the power and energy generated at said project available in wholesale quantities for sale on fair and reasonable terms and conditions to facilities owned by the Federal Government, public bodies, cooperatives, and privately owned companies.

Rate schedules,

SEC. 2. All receipts from the sale of electric power and energy Receipts. disposed of by the Secretary pursuant to this Act shall be covered into the Treasury of the United States to the credit of miscellaneous receipts as shall also moneys received from the Government of Mexico for any energy which might be delivered to that Government by the United States Section of the International Boundary and Water Commission pursuant to any special agreement concluded in accordance with article 19 of the said treaty.

59 Stat. 1251,

SEC. 3. The Secretary is authorized to perform any and all acts, Authority of including the acquisition of rights and property, and to enter into such Secretary. agreements as may be appropriate for the purpose of carrying out the provisions of this Act applicable to him; and with respect to construction and supply contracts and the acquisition, exchange, and disposition of lands and other property, and the relocation thereof, the Secre

tary shall have the same authority which he has under sections 12 and 53 Stat. 1197. 14 of the Reclamation Project Act of 1939. 43 USC 388, 389 Approved June 18, 1954.

83d Congress Chapter 408 - 2d Session H. R. 8923

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To provide for the development of the Coosa River, Alabama and Georgia.

Ala. and Ga.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in connection Coosa River, with the comprehensive program for the development of the water Development. resources of the Alabama-Coosa River and tributaries, authorized by the Rivers and Harbors Act, approved March 2, 1945 (59 Stat. 10), it is hereby declared to be the policy of the Congress, where private interests are considering applying for authority to undertake the development of resources covered by such authorization, that the power from such development shall be considered primarily for the benefit of the people of the section as a whole and shall be sold to assure the widest possible use, particularly by domestic and rural consumers, and at the lowest possible cost.

plan.

SEC. 2. The authorization of the comprehensive plan for the Ala- Suspension of bama-Coosa River and tributaries, as provided in the Rivers and Harbors Act, approved March 2, 1945, insofar as it provides for the 59 Stat. 17. development of the Coosa River for the development of electric power, Dams. is hereby suspended to permit the development of the Coosa River, Alabama and Georgia, by a series of dams in accordance with the con- 41 Stat. 1063; ditions of a license, if issued, pursuant to the Federal Power Act and 49 Stat. 863. in accordance with the provisions and requirements of this Act.

16 USC 791a.

SEC. 3. The series of dams, together with the existing hydroelectric Public uses. power dams on the Coosa River, shall, in the judgment of the Federal Power Commission, be best adapted to the comprehensive plan for the development of the Coosa River for the use or benefit of interstate commerce, for the improvement and utilization of water-power development, and for other beneficial public uses, including recreational purposes.

Navigation

SEC. 4. The dams constructed by the licensee shall provide a sub-facilities. stantially continuous series of pools and shall include basic provisions for the future economical construction of navigation facilities.

SEC. 5. The license relating to such development shall require the maximum flood control storage which is economically feasible with respect to past floods of record but in no event shall such flood control storage be less than that required to compensate for the effects of valley storage displaced by the proposed reservoirs of the licensee; or less in quantity and effectiveness than the amount of flood control storage which could feasibly be provided by the currently authorized Federal multiple purpose project at Howell Mill Shoals constructed to elevation 490, with surcharge storage to elevation 495.

Flood control.

SEC. 6. Before a license is issued, the applicant for the license shall Report to FPC. submit a report on the details of its plan of development to the Federal Power Commission.

Review and

SEC. 7. The Chief of Engineers shall review any plan of develop-recommendations. ment submitted to the Federal Power Commission for the purpose of aequiring a license and shall make recommendations with respect to such plan to such Commission with particular regard to flood control and navigation, and its adaptability to the comprehensive plan for the entire basin development.

SEC. 8. The license may provide for the construction of the series of dams in sequence on the condition that the dam or dams providing the maximum flood control benefits shall be constructed first unless a different order of construction is approved by the Secretary of the Army.

Construotion.

All 68 Stat. 303,

Operation and maintenance.

Flood control allocation.

PPC license.
Report.

Time limitations, etc. 16 USC 791a.

16 USC 806.

59 Stat. 17.

16 USC 806, 820.

SEC. 9. The operation and maintenance of the dams shall be subject to reasonable rules and regulations of the Secretary of the Army in the interest of flood control and navigation.

SEC. 10. An allocation of cost of flood control provided in addition to that required to compensate for displaced valley storage and of cost of navigation shall be approved by the Federal Power Commission, taking into consideration recommendations of the Chief of Engineers based upon flood control and navigation benefits estimated by the Chief of Engineers.

SEC. 11. If the Federal Power Commission shall issue a license under this Act, the Commission shall simultaneously make a full report to the Public Works Committees of the Senate and House of Representatives of the Congress, setting out the major provisions and conditions inserted in such license, and a copy of the Commission's report shall forthwith be submitted to the Chief of Engineers who shall review the same and promptly submit to said committees his views as to whether the major provisions and conditions in such license are adaptable to the comprehensive plan. In the event the Congress by legislative enactment adopts a policy of compensating such licensees for navigation and flood control costs, any such allocated navigation and flood control costs are hereby authorized to be compensated through annual contributions by the United States.

SEC. 12. Unless it is beyond the reasonable control of a licensee acting in good faith and exercising due diligence: (1). an application for a preliminary permit under the Federal Power Act relating to the development of the Coosa River shall be prosecuted with reasonable diligence before the Federal Power Commission; (2) an application for a license to construct such dams shall be filed with such Commission within two years after the date of the enactment of this Act; (3) construction of one such dam shall be commenced within a period of one year subsequent to the date of the issuance of a license by such Commission; (4) at least one such dam and its powerplant shall be completed and in operation in accordance with the terms of the license within five years from the date of the issuance of such license by such Commission; and (5) the remaining dams included in the license issued by such Commission shall be completed within ten years from the date of the commencement of construction of the first dam, subject to the provisions of section 13 of the Federal Power Act: Provided, That if any of such conditions are not fulfilled, or if the Commission denies the application for a license, the authorization relating to the Alabama-Coosa River provided for in the Act, approved March 2, 1945, shall have the same status as it would have had if this Act had not been enacted, so far as the uncompleted project works are concerned; in which event the outstanding license may be terminated or revoked and the uncompleted and completed project works may be sold or acquired by the United States as provided in sections 18 and 26 of the Federal Power Act.

SEC. 13. Nothing in this Act shall be deemed to affect in any way the authorization of the development of the Alabama-Coosa River and tributaries other than that portion of the development involving projects on the Coosa River or the authority of the Federal Power

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