An Act to amend part I of the Federal Power Act to clarify the manner in which the licensing authority of the Commission and the right of the United States to take over a project or projects upon or after the expiration of any license shall be exercised
PL 90-451 (S.2445), enacted 08/03/1968

616 
PUBLIC LAW 90-451-AUG. 3, 1968 
[82 STAT. 
D.C. Council. 
Licensing 
authority. 
48 Stat. 322. 
License appli-
cants, citizen-
ship. 
48 Stat. 328. 
SEC. 403. The first sentence of the second paragraph of section 7 of 
the District of Columbia Alcoholic Beverage Control Act (D.C. Code, 
sec. 25-107) is amended to read as follows: "The District of Columbia 
Council shall have authority to make rules and regulations for the 
issuance, transfer, and revocation of licenses; to facilitate and insure 
the collection of taxes; to govern the operation of the business of 
licensees, with full power and authority to prescribe the terms and 
conditions under which alcoholic beverages may be sold by each class 
of licensees; to forbid the issuance of licenses for manufacture, sale, 
or storage of alcoholic beverages in such localities in, and such sections 
and portions of, the District of Columbia as the Comicil may deem 
proper in the public interest; to limit the number of licenses of each 
class to be issued in the District of Columbia and to limit the number 
of licenses of each class in any locality in, or sections or portions of, the 
District of Columbia as the Council may deem proper in the public 
interest; to forbid the issuance of licenses for businesses conducted on 
such premises as the Council, in the public interest, may deem inap-
propriate ; to forbid the issuance of any class or classes of licenses for 
businesses established subsequent to the date of enactment of this Act 
near or around schools, colleges, universities, churches, or public in-
stitutions; to prescribe the hours during which alcoholic beverages 
may be sold; and to prohibit the sale of any or all alcoholic beverages 
on such days as the Council determines necessary in the public inter-
est." 
SEC. 404. Section 14(a) of the District of Columbia Alcoholic Bev-
erage Control Act (D.C. Code, sec. 25-115(a)) is amended— 
(1) by striking out in paragraph 2 "a citizen of the United 
otates, ; 
(2) by adding immediately after paragraph 2 the following 
new paragraph: 
"3. That (A) each individual, each member of a partnership, and 
each principal officer of a corporation (other than a club) is a citizen 
of the United States, and (B) a majority of the principal officers of a 
club are citizens of the United States."; and 
(3) by redesignating paragraphs 3, 4, and 5 and all references 
thereto, as paragraphs 4, 5, and 6, respectively. 
Approved August 2, 1968. 
Public Law 90-451 
August 3,1968 
AN ACT 
[s. 2445] 
rY^y amend part I of the Federal Power Act to clarify the manner in which the 
licensing authority of the Commission and the right of the United States to 
take over a project or projects upon or after the expiration of any license shall 
be exercised. 
Federal Power 
Commission. 
Licensing 
authori ty. 
49 Stat. 842. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 7 of 
the Federal Power Act, as amended (16 U.S.C. 800), is amended by 
adding thereto the following new subsection: 
"(c) Whenever, after notice and opportunity for hearing, the Com-
mission determines that the United States should exercise its right 
upon or after the expiration of any license to take over any project 
or projects for public purposes, the Commission shall not issue a new 
license to the original licensee or to a new licensee but shall submit 
its recommendation to Congress together with such information as it 
may consider appropriate." 
82 STAT. ] 
PUBLIC LAW 90^51-AUG. 3, 1968 
617 
SEC. 2. Section 14 of the Federal Power Act, as amended (16 U.S.C. 
807), is amended by inserting "(a)'' immediately preceding the first 
sentence thereof and by adding thereto the following new subsection: 
"(b) No earlier than five years before the expiration of any license, Government 
the Commission shall entertain applications for a new license and *^''^°^^'' "^ht. 
decide them in a relicensing proceeding pursuant to the provisions of 
section 15. In any relicensing proceeding before the Commission any 
Federal department or agency may timely recommend, pursuant to 
such rules as the Commission shall prescribe, that the United States 
exercise its right to take over any project or projects. Thereafter, the 
Commission, if its does not itself recommend such action pursuant to 
the provisions of section 7(c) of this part, shall upon motion of such 
department or agency stay the effective date of any order issuing a 
license, except an order issuing an annual license in accordance with 
the proviso of section 15 (a), for tw^o years after the date of issuance of 
such order, after which period the stay shall terminate, unless termi-
nated earlier upon motion of the department or agency requesting the 
stay or by action of Congress. The Commission shall notify the Con- 
Notice to 
gress of any stay granted pursuant to this subsection." 
""^"^^ 
SEC. 3. Section 15 of of the Federal Power Act, as amended (16 
U.S.C. 808), is amended by inserting " (a) '* immediately preceding the 
^i stat. 1072. 
first sentence thereof and by adding thereto the following new 
subsection: 
"(b) In issuing any licenses under this section except an annual 
Nonpower use 
license, the Commission, on its own motion or upon application of any 
licensee, person. State, municipality, or State commission, after notice 
to each State commission and licensee affected, and after opportunity 
for hearing, whenever it finds that in conformity with a comprehen-
sive plan for improving or developing a waterway or waterways for 
beneficial public uses all or part of any licensed project should no 
longer be used or adapted for use for power purposes, may license all 
or part of the projeot works for nonpower use. A license for nonpower 
use shall be issued to a new licensee only on the condition that the new 
licensee shall, before taking possession of the facilities encompassed 
thereunder, pay such amount and assume such contracts as the United 
States is required to do, in the manner specified in section 14 hereof. 
Any license for nonpower use shall be a temporary license. When-
ever, in the judgment of the Commission, a State, municipality, inter-
state agency, or another Federal agency is authorized and willing to 
assume regulatory supervision of the lands and facilities included un-
der the nonpower license and does so, the Commission shall thereupon 
terminate the license. Consistent with the provisions of the Act of Au- ^ Recordkeeping 
f
ust 15, 1953 (67 Stat. 587), every licensee for nonpower use shall 
le use 828-
eep such accounts and file such annual and other periodic or special ^^sc. 
reports concerning the removal, alteration, nonpower use, or other 
disposition of any project works or parts thereof covered by the non-
power use license as the Commission maj by rules and regulations or 
order prescribe as necessary or appropriate." 
SEC. 4. Section 10(d) of the Federal Power Act, as amended (16 refe'^ve"^^""" 
U.S.C. 803), is amended by adding at the end thereof the following: 
"For any new license issued under section 15, the amortization reserves 
le use sos. 
under this subsection shall be maintained on and after the effec-
tive date of such new license." 
Approved August 3, 1968.