Public Law 90–451

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)“(c)

Whenever, after notice and opportunity for hearing, the Commission 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.”

#

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)“(b)

No earlier than five years before the expiration of any license,

Government take-over right.

the Commission shall entertain applications for a new license and 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 rides 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 two years after the date of issuance of such order, after which period the stay shall terminate, unless terminated earlier upon motion of the department or agency requesting the stay or by action of Congress. The Commission shall notify the Congress

Notice to Congress.

of any stay grunted 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

41 stat. 1072.

first sentence thereof and by adding thereto the following new subsection:

“(b)“(b)

In issuing any licenses under this section except, an annual

Nonpower use licenses.

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 comprehensive 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 project, works for non power use. A license for non power 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. Whenever, 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 under the nonpower license and does so, the Commission shall thereupon terminate the license. Consistent with the provisions of the Act. of August

Recordkeeping and reports.

16 USC 828–828c.

15, 1953 (67 Stat. 587), every licensee for nonpower use shall keep such accounts and file such annual and other periodic or special 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 may by rules and regulations or order prescribe as necessary or appropriate.”

#

Sec. 4.

Section 10(d) of the Federal Power Act, as amended (16

Amortization reserves.

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

16 USC 808.

under this subsection shall lie maintained on and after the effective date of such new license.”