Page:United States Statutes at Large Volume 41 Part 1.djvu/1090

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SIXTY-SIXTH CONGRESS. Sess. II. C11. 285. 1920. 1069 commission; and any emergency alteration or addition so made shall thereafter be subject to suc modification and change as the commission may direct. (c) That the licensee shall maintain the project works in a condition m§,§_*§;°,§°},'°{§° gg: of repair adequate for the pufiposes of navigation and for the eiiicient tivo <>pm¤¤¤,¤u. oiperation of said works in the evelopment and transmission of power, s all make all necessary renewals and replacements, shall establish and maintain adequate depreciation reserves for such purposes, shall so maintain and operate said works as not to navigation, and shall conform to such rules and regulations as e commission may from time to time prescribe for the sprotection of life, health, and Hamm { dm property. Each licensee hereunder all be l1able_ for damages us, ,0 {,,.,§§,,, oi occasioned to the *£roperty of others by theconstruction, maintenance, °“*°”· or operation of e project works or of the works appurtenant or accessory thereto, constructed imder the license, and in no event shall thpdglniijiled Sgtfates lileliiable therefor. f f 1 Amom H at ter the rst twent years o operation out o us sm ,,"° °" '°j earned thereafter, if any, accumndated in excess of a specified $0n- ¤¤¤Dg;;i;_“;;;ta b able rate of return upon the actual, legitimate investment of a. licensee in any project or projects under license the licensee shall establish and maintain amortization reserves, which reserves shall, in the discretion of the commission, be held until the termination of the license or be applied from time to time in reduction of thenet invest- Rm to be www ment. Such specified rate of return and the proportion of such mama. surj}1us ;a.rni;gshto be paid into and held in such reserves shall be set ort in `cense. , (e) That the_licensee shall pa_v to the United States reasonable $°$l,°b°"°` annual chgrges m an amphuntbtowgiiéxed by} the o;1t%>r {this purposeoreimbursing e ni tates or costso e - ministration of this Act; for recompensing it for the use, occupancy, and enjoyment of its lands or other property; and for the exprejsiriation to the Government of excessive profits until the respective tates shall make tprovision for preventing excessive profits or for the expropriation ereof to themselves, or until the period of amor- mc, to wmmm tization as herein provided is reached, and in fixing such charges the commission shall seek to avoid increasing the price to the consumers of power by such charges, and charges for the expro riation of excessive profits may be adjusted from time to time by tlie commis- ,,,,,,,,,,_ sion as conditions may re<}uire: Provided That when licenses are tg M <>¤°¤¤‘¤·¤¤>I¤¤ issued involvinlg the use o Government dams or other structures iriuiunriiliaa owned by the nited States or tribal lands embraced within Indian reservations the commission shall fix a reasonable annual charge for the use thereof and such charges may be readjusted at the end of twenty years after the beginning of operations and at periods of not less than ten years thereafter in a manner to be described in each N t sum license: Provided, That licenses for the develo ment, transmission, .;¤_f° W., mi or distribution of power by States or municipallities shall be issued ;';,';§g;‘g_ "‘“‘°“' and enjoyed without charge to the extent such power is sold_to the ’ public without profit or is used by such State or municipality for State or municipal purposes, except that as to projects constructed or to be constructed by States or municipalities rimarily designed to provide or lH1pI'OVB Havigation licenses therefldr shall be issued smdllxojwu without charge; and that licenses for the development, transmission, or distribution of power for domestic, mining, or other beneficial use in projects of not more than one hundred horsepower capacity may Emp,,,,,,8_ be issued without charge, exec t on tribal lands within Indian reser- No ,1,,,, ,1,,, ,, Go, vations; but in no case shall agicense be issued free of charge for the ¤r¤¤¤¤¤<¤¤¤· development and utilization of power created by any Government dam and that the amount charged therefor in any license shall be such as determined by the commission. -