An Act to provide for the development of the Coosa River, Alabama and Georgia
PL 83-436 (H.R.8923), enacted 06/28/1954

302 
PUBLIC LAW 436-JUNE 28, 1954 
[68 S T A T , 
Public Law 436 
CHAPTER 408 
June 28, 1954 
-^^ 
ACT 
[H. R. 8923]— To provide for the development of the Coosa River, Alabama and Georgia. 
C o o s a 
R i v e r , 
Ala. and Ga. 
Development. 
Suspe n 8 i o n of 
plan. 
59 Stat. 17. 
Dams. 
41 Stat. 1063; 49 
Stat. 863> 
16 u s e 79la. 
Public uses. 
N a v i g a t i o n fa-
cilities. 
Flood control. 
Report to FPC. 
Review and rec-
ommendation s. 
Construe tion. 
Be it enacted hy the Senate and House of Representatives 
of the 
United /States of America in Congress assembled, That in connection 
with the comprehensive program for the development of the water 
resources of the Alabama-Coosa River and tributaries, authorized 
by the Eivers 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 
Avidest possible use, particularly by domestic and rural consumers, and 
at the lowest possible cost. 
SEC. 2. The authorization of the comprehensive plan for the Ala-
bama-Coosa River and tributaries, as provided in the Rivers and 
Harbors Act, approved March 2, 1945, insofar as it provides for the 
development of the Coosa River for the development of electric power, 
is hereby suspended to permit the development of the Coosa River, 
Alabama and Georgia, by a series of dams in accordance with the con-
ditions of a license, if issued, pursuant to the Federal Power Act and 
in accordance with the provisions and requirements of this Act. 
SEC. 3. The series of dams, together with the existing hydroelectric 
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 inter-
state commerce, for the improvement and utilization of water-power 
development, and for other beneficial public uses, including recrea-
tional purposes. 
SEC. 4. The dams constructed by the licensee shall provide a sub-
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. 
SEC. 6. Before a license is issued, the applicant for the license shall 
submit a report on the details of its plan of development to the Federal 
Power Commission. 
SEC. 7. The Chief of Engineers shall review any plan of develop-
ment submitted to the Federal Power Commission for the purpose of 
acquiring 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. 
68 
S T A T . ] 
PUBLIC LAW 436-JUNE 28, 1954 
303 
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 com-
pensated 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) con-
struction of one such dam shall be commenced wnthin a period of one 
year subsequent to the date of the issuance of a license by such Com-
mission; (4) at least one such dam and its powerplant shall be com-
pleted 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 con-
cerned ; 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 13 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 
Commission to issue a license for the complete development of the 
Coosa River by States or municipalities under section 7 (a) of the 
Federal Power Act or to find under section 7 (b) of said Act that 
the development should be undertaken by the United States itself. 
Approved June 28, 1954. 
O p e r a t i o n and 
m 
aint 
enanc e« 
Flood control al-
location. 
FPC license. 
Report. 
Time limitations. 
16 u s e 79ia. 
16 u s e 806. 
59 Stat. 17. 
16 u s e 806. 820> 
16 u s e 800.