1346 Provisos. Approval of pla ns required . Conditions imposed . Power use not au- thorized. Time of construction . Proviso . Authority to termi- nate on notice fro m Power Commission of interfering with water- po wer development. Gra ntee of power project may remove, etc., dam . Amendme nt. February 28, 1929 . _ [H. R. 166 58 .1 [Public, No. 840.] CHAP . 363 .-An Act To amend sections 116, 118, and 126 of the Judicial Code, as amended, to divide the eighth judicial circuit of the United States, and to create a tenth judicial circuit . Be it enacted by the Senate and House o f Representatives o f the al cede. Vol
United States o f America in Congress assembled, That section 116 of . 38,
8 03, amended .
the Judicial Code, as amended [U . S . C ., title 28, ° 211], is amended U.S . Code, p.893. Judicial circuits in- to read as follows creased to t en .
6C SEC . 1101 . There shall be ten J judicial circuits of the United States, constituted as follows "First . The first circuit shall include the districts of Rhode Island, Massachusetts, New Hampshire, Maine, and Porto Rico . " Second . T he sec ond cir cuit sh all in clude t he dist ricts of Verm ont, Connecticut, and New York . " Third . The third circuit shall include the districts of Pennsyl- vania, New Jersey, and Delaware . " Fourth . The fourth circuit shall inc lude the districts of Maryland, Virginia, West Virginia, North Carolina, and South Carolina . " Fifth. The fifth circuit shall include the districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas . " S ix t h . The s ixth circuit shall include the di stri cts of O hio, Mich igan, Kentuc ky, a nd Ten nessee . " Seventh . The seventh circuit shall include the districts of Indiana, Illinois, and Wisconsin . "Eighth. The eighth circuit shall include the districts of Min- nesota, N orth Dakota, S outh Dakota, Iowa, Nebrask a, Missouri, a nd Arkansas. "Ninth . The ninth circuit shall include the districts of California, Oregon, Nevada, Washington, Idaho, Montana, Hawaii, and Arizona . Firs t cir cuit . Second circu it . Third circui t . Fourth circuit . Fifth circuit. Sixth circuit . Seventh circuit . Eighth circu it . Ninth circuit. SEVENTIETH CONGRESS . SEss. II. CHs. 362, 363. 1929 . County, Illinois : Provided, That work shall not be commenced until the plans therefor have been submitted to and approved by the Chief of Engineers, United States Army, and by the Secretary of War : Provided further, That in approving the plans for said dam such conditions and stipulations maybe imposed as the Chief of Engineers and the Secretary of War may deem necessary to protect the present and future interests of the United States : And provided further, That this Act shall not be construed to authorize the use of such dam to develop water power or generate hydroelectric energy . SEC . 2. The authority granted by this Act shall cease and be null and void unless the actual construction of the dam hereby authorized is commenced within one year and completed within three years from the date of approval of this Act : Provided, That from and after thirty days' notice from the Federal Power Commission, or other authorized agency of the United States, to said Momence conservancy district, or its successors and assigns, that desirable wat er-pow er development will be interfered with by the existence of said dam, the authority hereby granted to construct, maintain, repair, and improve sa id dam shall termi nate and be at an end ; and any gr antee or licensee of the United States proposing to develop a power project at or near said dam shall have authority to remove, submerge, or utilize said dam under such conditions as said commission or other agency may determine, but such conditions shall not include com- pensation for the removal, submergence, or utilization of said dam . SEC . 3 . The right to alter, amend, or repeal this Act is hereby expressly reserved . Approved, February 28, 1929 .