to the navigability of said rivers or the lands adjacent thereto. Sec. 4, act of Mar. 1, 1893 (27 Stat. 507); 33 U. S. C. 664.

The systems referred to are the San Joaquin and Sacramento systems in the State of California.

For details as to the powers and duties of the commission, see 33 U. S. C. 665-687, inclusive.

1865. Federal Power Commission; establishment and purpose.-That a com mission is hereby created and established, to be known as the Federal Power Commission (hereinafter referred to as the "commission") which shall be composed of five commissioners who shall be appointed by the President, by and with the advice and consent of the Senate, one of whom shall be designated by the President as chairman and shall be the principal executive officer of the commission: Provided, That after the expiration of the original term of the commissioner so designated as chairman by the President, chairmen shall be elected by the commission itself, each chairman when so elected to act as such until the expiration of his term of office.

The commissioners first appointed under this section, as amended, shall continue in office for terms of one, two, three, four, and five years, respectively, from the date this section, as amended, takes effect, the term of each to be designated by the President at the time of nomination. Their successors shall be appointed each for a term of five years from the date of the expiration of the term for which his predecessor was appointed, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term of such predecessor. Not more than three of the commissioners shall be appointed from the same political party. No person in the employ of or holding any official relation to any licensee or to any person, firm, association, or corporation engaged in the generation, transmission, distribution, or sale of power, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties of or hold the office of commissioner. Said commissioner shall not engage in any other business, vocation, or employment. No vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission. Three members of the commission shall constitute a quorum for the transaction of business, and the commission shall have an official seal of which judicial notice shall be taken. The commission shall annually elect a vice chairman to act in case of the absence or disability of the chairman or in case of a vacancy in the office of chairman.

Each commissioner shall receive an annual salary of $10,000, together with necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitations prescribed by law, while away from the seat of government upon official business.

The principal office of the commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the commission may hold special sessions in any part of the United States. Sec. 1, act of June 10, 1920 (41 Stat. 1063); sec. 1, act of June 23, 1930 (46 Stat. 797); 16 U. S. C. 792.

The commission shall have authority to appoint, prescribe the duties, and fix the salaries of, a secretary, a chief engineer, a general counsel, a solicitor, and a chief accountant; and may, subject to the civil-service laws, appoint such other officers and employees as are necessary in the execution of its functions and fix their salaries in accordance with the Classification Act of 1923, as amended. The commission may request the President to detail an officer or officers from the

Corps of Engineers, or other branches of the United States Army, to serve the commission as engineer officer or officers, or in any other capacity, in field work outside the seat of government, their duties to be prescribed by the commission; and such detail is hereby authorized. The President may also, at the request of the commission, detail, assign, or transfer to the commission engineers in or under the Departments of the Interior or Agriculture for field work outside the seat of government under the direction of the commission. Sec. 2, act of June 10, 1920 (41 Stat. 1063); sec. 1, act of June 23, 1930 (46 Stat. 797); 16 U. S. C. 793, 794.

By public resolution of April 14, 1934 (48 Stat. 591), the Federal Power Commission was authorized and directed to investigate, compile, and report to Congress the rates charged for electric energy throughout the United States.

1866. Federal Power Commission; powers in general.-The Commission is hereby authorized and empowered

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(c) To cooperate with the executive departments and other agencies of State or National Governments in such investigations; and for such purpose the several departments and agencies of the National Government are authorized and directed upon the request of the Commission to furnish such records, papers, and information in their possession as may be requested by the Commission, and temporarily to detail to the Commission such officers or experts as may be necessary in such investigations.

(e) To issue licenses to citizens of the United States, or to any association of such citizens, or to any corporation organized under the laws of the United States or any State thereof, or to any State or municipality for the purpose of constructing, operating, and maintaining dams, water conduits, reservoirs, power houses, transmission lines, or other project works necessary or convenient for the development and improvement of navigation and for the development, transmission, and utilization of power across, along, from, or in any of the streams or other bodies of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States, or upon any part of the public lands and reservations of the United States (including the Territories), or for the purpose of utilizing the surplus water or water power from any Government dam, except as herein provided: Provided, That licenses shall be issued within any reservation only after a finding by the Commission that the license will not interfere or be inconsistent with the purpose for which such reservation was created or acquired, and shall be subject to and contain such conditions as the Secretary of the department under whose supervision such reservation falls shall deem necessary for the adequate protection and utilization of such reservation: Provided further, That no license affecting the navigable capacity of any navigable waters of the United States shall be issued until the plans of the dam or other structures affecting navigation have been approved by the Chief of Engineers and the Secretary of War. Whenever the contemplated improvement is, in the judgment of the Commission, desirable and justified in the public interest for the purpose of improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, a finding to that effect shall be made by the Commission and shall become a part of the records of the Commission: Provided further, That in case the Commission shall find that any Government dam may be advantageously used by the United States for public purposes in addition to navigation, no license therefor shall be issued until two years after it shall have reported to Congress the facts and conditions relating thereto, except that this provision shall not apply to any Government dam constructed prior to June 10, 1920: And provided further, That upon the filing of

any application for a license which has not been preceded by a preliminary permit under subsection (f) of this section, notice shall be given and published as required by the proviso of said subsection.

(g) Upon its own motion to order an investigation of any occupancy of, or evidenced intention to occupy, for the purpose of developing electric power, public lands, reservations, or streams or other bodies of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States by any person, corporation, State, or municipality and to issue such order as it may find appropriate, expedient, and in the public interest to conserve and utilize the navigation and water-power resources of the region.

(h) To perform any and all acts, to make such rules and regulations, and to issue such orders not inconsistent with this Act as may be necessary and proper for the purpose of carrying out the provisions of this act. Sec. 4, act of June 10, 1920 (41 Stat. 1065); sec. 202, Title II, act of Aug. 26, 1935 (49 Stat. 840); 16 U. S. C. 797.

That hereafter no permit, license, lease, or authorization for dams, conduits. reservoirs, power houses, transmission lines, or other works for storage or carriage of water, or for the development, transmission, or utilization of power, within the limits as now constituted of any national park or national monument shall be granted or made without specific authority of Congress, and so much of the act of Congress approved June 10, 1920, entitled "An Act to create a Federal Power Commission; to provide for the improvement of navigation; the development of water power; the use of the public lands in relation thereto; and to repeal section 18 of the River and Harbor Appropriation Act approved August 8, 1917, and for other purposes," approved June 10, 1920, as authorizes licensing such uses of existing national parks and national monuments by the Federal Power Commission is hereby repealed. Act of Mar. 3, 1921 (41 Stat. 1353); 16 U. 8. C. 797.

This Act shall be held to reorganize the Federal Power Commission created by the Federal Water Power Act, and said Federal Water Power Act shall remain in full force and effect, as herein amended, and no regulations, actions, investigations, or other proceedings under the Federal Water Power Act existing or pending at the time of the approval of this Act shall abate or otherwise be affected by reasons of the provisions of this Act. Sec. 4, act of June 23, 1930 (46 Stat. 798).

Sections 1 to 29, inclusive, of the Federal Water Power Act, as amended, shall constitute Part I of that Act, and sections 25 and 30 of such Act, as amended. § are repealed: Provided, That nothing in that Act, as amended, shall be construed " to repeal or amend the provisions of the amendment to the Federal Water Power Act approved March 3, 1921 (41 Stat. 1353), or the provisions of any other Act relating to national parks and national monuments. Sec. 212, Title II, act of Aug. 26, 1935 (49 Stat. 847).

Lands set aside as national parks or national forests were exempted from the provisions of the Federal Water Power Act by acts of April 19, 1930 (46 Stat. 222), May 9, 1930 (46 Stat. 265), May 14, 1930 (46 Stat. 279), June 13, 1930 (46 Stat. 583), July 3, 1930 (46 Stat. 853), and Mar. 3, 1931 (46 Stat. 1514).

Licenses issued by the Federal Power Commission under this section are not required to be deposited in the General Accounting Office under 735, ante.

Notes of Decisions

In general. This section does not attempt | streams but is definite and restrictive. Law to invest Commission with all authority of❘ of State controls as to rights of use in waters Government to do things that may be done within its border. U. S. v. Central Stockin control and improvement of navigable holders' Corp. of Vallejo (D. C., 1930), 43 F.

(2d) 977, affirmed without reference to this | River, in Kentucky, and that the Commission point (C. C. A., 1931), 52 F. (2d) 322.

United States has no different or superior right as riparian proprietor to that assigned to private ownership and United States claiming right to have determined by Federal courts its right, through licensees, to store for power purposes waters tributary to river, in manner in which courts of State conclusively determined no riparian owner could do, held not entitled to relief prayed for. Id. The delegation of power contained in this section is valid. State of Missouri ex rel. and to Use of Camden County v. Union Electric Light & Power Co. (D. C., 1930), 42 F. (2d) 692.

Scenic, recreational, or like consideration as justifying refusal of license. In entertaining applications for licenses the Federal Power Commission should look only to the effect of the proposed project upon interstate and foreign commerce, and it should not refuse a license because of scenic, recreational, or like considerations. The granting of a license by the Federal Power Commission to the Cumberland Hydro-Electric Power Company to construct a dam on the Cumberland River near Cumberland Falls would not operate to interfere in any way with the power of the State of Kentucky to acquire, under the power of eminent domain, the site of the proposed dam and the adjacent lands for recreational or park purposes (1930) 36 Op. Atty. Gen. 314.

Navigability of waters as affecting granting of license. In dealing with applications for license the Federal Power Commission is required to determine the fact of navigability of any given stream. (1930) 36 Op. Atty. Gen. 314, holding further that the Federal Power Commission has jurisdiction to entertain an application of a power company for a license to construct a dam on the Cumberland

should grant such license unless the effect of the dam would be to impair substantially the navigable capacity of the lower reaches of the river.

Findings. A finding of the Federal Water Power Commission that projected work is in aid of navigation is not conclusive on the courts in the absence of evidence to support it, even though the license is in form within the delegated powers of the Commission. Little Falls Fibre Co. v. Henry Ford & Son, Inc. (N. Y., 1928), 164 N. E. 558, affirmed on other grounds (1930), 280 U. S. 369,

Review of determination of Commission. Courts have no power to interfere by injunction to control the exercise of the discretion committed to the Commission. State of Missouri ex rel., and to use of Camden County v. Union Electric Light & Power Co. (D. C., 1930), 42 F. (2d) 692.

The jurisdiction of the Federal Water Power Commission to issue a license for the use of the waters of the Hudson River for power purposes and the effect of such a license are to be determined by the courts. When some right asserted under a license becomes the subject of actual controversy, excess of jurisdiction is a necessary ground for judicial review to maintain the supremacy of law and keep administrative boards to the exercise of their delegated powers. Little Falls Fibre Co. v. Henry Ford & Son, Inc. (N. Y., 1928), 164 N. E. 558, affirmed on other grounds (1930), 280 U. S. 369.

Projects in National Parks.-The second paragraph of this section does not affect the express authority granted to the United States Reclamation Service by act of January 26, 1915 (38 Stat. 798), to establish a reclamation project in Rocky Mountain National Park. (1935) 38 Op. Atty. Gen. 310.

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1867, Federal Water Power Act; definitions.(2) "reservations" means national forests, tribal lands embraced within Indian reservations, military reservations, and other lands and interests in lands owned by the United States, and withdrawn, reserved, or withheld from private appropriation and disposal under the public land laws; also lands and interests in lands acquired and held for any public purposes; but shall not include national monuments or national parks;

(8) "navigable waters" means those parts of streams or other bodies of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States, and which either in their natural or improved condition notwithstanding interruptions between the navigable parts of such streams or waters by falls, shallows, or rapids compelling land carriage, are used or suitable for use for the transportation of persons or property in interstate or foreign commerce, including therein all such interrupting falls, shallows, or rapids, together with such other parts of streams as shall have been authorized by Congress for improvement by the United States or shall have been recommended to Congress for such improvement after investigation under its authority;

(10) "Government dam” means a dam or other work constructed or owned by the United States for Government purposes with or without contribution from others; * * * Sec. 3, act of June 10, 1920 (41 Stat. 1063, 1064); sec. 201, Title II, act of Aug. 26, 1935 (49 Stat. 838); 16 U. S. C. 796.

1868. Water power projects; conditions of license. That if the dam or other project works are to be constructed across, along, or in any of the navigable waters of the United States, the commission may, insofar as it deems the same reasonably necessary to promote the present and future needs of navigation and consistent with a reasonable investment cost to the licensee, include in the license any one or more of the following provisions or requirements:

(a) That such licensee shall, to the extent necessary to preserve and improve navigation facilities, construct, in whole or in part, without expense to the United States, in connection with such dam, a lock or locks, booms, sluices, or other structures for navigation purposes, in accordance with plans and specifications approved by the Chief of Engineers and the Secretary of War and made part of such license.

(b) That in case such structures for navigation purposes are not made a part of the original construction at the expense of the licensee, then whenever the United States shall desire to complete such navigation facilities the licensee shall convey to the United States, free of cost, such of its land and its rights of way and such right of passage through its dams or other structures, and permit such control of pools as may be required to complete such navigation facilities.

(c) That such licensee shall furnish free of cost to the United States power for the operation of such navigation facilities, whether constructed by the licensee or by the United States. Sec. 11, act of June 10, 1920 (41 Stat. 1070); 16 U. S. C. 804.

1869. Water power projects; contributions by Government. That whenever application is filed for a project hereunder involving navigable waters of the United States, and the commission shall find upon investigation that the needs of navigation require the construction of a lock or locks or other navigation structures, and that such structures cannot, consistent with a reasonable investment cost to the applicant, be provided in the manner specified in section 11, subsection (a) hereof, the commission may grant the application with the provision to be expressed in the license that the licensee will install the necessary navigation structures if the Government fails to make provision therefor within a time to be fixed in the license and cause a report upon such project to be prepared, with estimates of cost of the power development and of the navigation structures, and shall submit such report to Congress with such recommendations as it deems appropriate concerning the participation of the United States in the cost of construction of such navigation structures. Sec. 12, act of June 10, 1920 (41 Stat. 1070); 16 U. S. C. 805.

1870. Water power projects; requisition in time of emergency.-That when in the opinion of the President of the United States, evidenced by a written order addressed to the holder of any license hereunder, the safety of the United States demands it, the United States shall have the right to enter upon and take possession of any project, or part thereof, constructed, maintained, or operated under said license, for the purpose of manufacturing nitrates, explosives, or munitions of war, or for any other purpose involving the safety of the United States, to retain possession, management, and control thereof for such length of time as may appear to the President to be necessary to accomplish said purposes, and then to restore possession and control to the party or parties entitled thereto; and in the event that the United States shall exercise such right it shall pay to the party