The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1918-01-31

the United States OF any Navigation
structures or headwater improve
ments, and shall also give due con-
sideration to and due credit for the an
nual interest, maintenance and opera
lions costs to the licensee on account
of any locks or other aids to naviga-
ton constructed, maintained, or oper-
ated at the expense of the licensee.'
Permits to states and municipalities
will be issued without charge, as will
permits for the development OF pro-
jects of not more than 80 horsepower
Due provision is made to insure am
pie protection of the navigability Of
navigable streams in which power
dams may be constructed, all this to
be done at the expense Of the licensee.
Limit Time of Construction.
Once a license is issued, work must
be begun within a time to be set forth
in the license, and development must
progress at rate necessary to sup
ply the growing market, until the
plant is developed to its full capacity.
the commission having full power to
grant extensions of time
The recapture section Of the ad-
ministration bill provides:
Sec. IA. That upon not less than
two years notice in writing from the
commission the United States shall
have the right, upon and after the ex-
piration Of any license, to take over
and thereafter to maintain and oper-
ate any project or projects, covered in
whole or In part by the license, or the
right to take over upon mutual agree
ment with the licensee all property
owned and held by the licensee then
valuable and serviceable In the de-
velopment, transmission or distribu-
ton of power and which Is then de-
pendent for its usefulness upon the
continuance Of the license, together
with any lock or locks or other aids
to navigation constructed at the ex-
pense of the licensee, upon the con-
dition that before taking possession II
shall pay the fair value not to exceed
actual cost Of the property taken, plus
such reasonable severance damages,
If any, as may be caused by the separ-
alton of said property from propert.
valuable, serviceable, and dependent
as above set forth, but not taken, and
shall assume all contracts entered into
by the licensee with the approval OF
the commission. The value of such
property so taken shall be determined
by agreement between the commits
sion and the licensee, and in case
they cannot agree, by proceedings in
equity instituted by the United States
in the district court of the United
States in the district within which any
of the property may be located; pro-
vided, that such fair value shall not
include or be affected by the value of
any lands, rights of way or other
property of the United States licensed
by the commission under this act, by
the licensee, or by good will, going
value, or prospective revenues: pro-
vided further, that the values allowed
for water rights, rights Of way, lands,
or interest in lands, shall not be in
excess of the actual reasonable cost
thereof at the time of acquisition by
the lessee"
If the United States does not exer-
else it's right to take over, maintain
and operate power plant on the
terms stated the commission may is
sue q new license to the original Ii
censee upon terms authorized under
the then existing laws and regulations,
or may lease the property to a new
| licensee, but the new licensee, before
taking possession of the project, must
pay for the property the same amount
the United States would be required to
pay, and must also take over out
standing contracts.
! The president Is empowered, as a
measure of national defense, to take
possession of any power plant and
operate 1t for the manufacturing of
nitrates, explosives, munitions of war,
or for any other purpose involving the
safety of the United States, and to
retain control as long as he deems
necessary, but when so taking pow
er plant, the government is required
to pay just and fair compensation
for the use OF the property, ito be
fixed by the commission on the basis
of a reasonable profit in time of peace.
and the cost of restoring said proper
ty to as good condition as existed at
the time of the taking over thereof,
less the reasonable value Of any i'm
provements that may be made thereto
by the United States"
OF the revenues derived from power
licenses, the bill provides that so per
cent of those derived from plants in
national forests shall be spent in
building roads and trails within the
forests so per cent of the revenues
from plants on the public domain
shall go into the reclamation fund: all
proceeds from plants on Indian reser-
vations shall go to the Indions of the
reservation, and so per cent Of ali
other revenues will be spent in i'm
proving waterways.
Regulation Left to State.
The regulation of charges for power
developed under federal permits Is
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