Appendix B to Part 221 - Federal Energy Regulatory Commission Form L-3 (Revised October 1975)
33:3.0.1.1.8.0.1.2.3 : Appendix B
Appendix B to Part 221 - Federal Energy Regulatory Commission Form
L-3 (Revised October 1975) terms and conditions of license for
constructed major project affecting navigable waters of the united
states
Article 1. The entire project, as described in this order
of the Commission, shall be subject to all of the provisions,
terms, and conditions of the license.
Article 2. No substantial change shall be made in the
maps, plans, specifications, and statements described and
designated as exhibits and approved by the Commission in its order
as a part of the license until such change shall have been approved
by the Commission: Provided, however, That if the Licensee
or the Commission deems it necessary or desirable that said
approved exhibits, or any of them, be changed, there shall be
submitted to the Commission for approval a revised, or additional
exhibit or exhibits covering the proposed changes which, upon
approval by the Commission, shall become a part of the license and
shall supersede, in whole or in part, such exhibit or exhibits
theretofore made a part of the license as may be specified by the
Commission.
Article 3. The project area and project works shall be in
substantial conformity with the approved exhibits referred to in
Article 2 herein or as changed in accordance with the provisions of
said article. Except when emergency shall require for the
protection of navigation, life, health, or property, there shall
not be made without prior approval of the Commission any
substantial alteration or addition not in conformity with the
approved plans to any dam or other project works under the license
or any substantial use of project lands and waters not authorized
herein; and any emergency alteration, addition, or use so made
shall thereafter be subject to such modification and change as the
Commission may direct. Minor changes in project works, or in uses
of project lands and waters, or divergence from such approved
exhibits may be made if such changes will not result in a decrease
in efficiency, in a material increase in cost, in an adverse
environmental impact, or in impairment of the general scheme of
development; but any of such minor changes made without the prior
approval of the Commission, which in its judgement have produced or
will produce any of such results shall be subject to such
alteration as the Commission may direct.
Article 4. The project, including its operation and
maintenance and any work incidental to additions or alterations
authorized by the Commission, whether or not conducted upon lands
of the United States, shall be subject to the inspection and
supervision of the Regional Engineer, Federal Power Commission, in
the region wherein the project is located, or of such other officer
or agent as the Commission may designate, who shall be the
authorized representative of the Commission for such purposes. The
Licensee shall cooperate fully with said representative and shall
furnish him such information as he may require concerning the
operation and maintenance of the project, and any such alterations
thereto, and shall notify him of the date upon which work with
respect to any alteration will begin, as far in advance thereof as
said representative may reasonably specify, and shall notify him
promptly in writing of any suspension of work for a period of more
than one week, and of its resumption and completion. The Licensee
shall submit to said representative a detailed program of
inspection by the Licensee that will provide for an adequate and
qualified inspection force for construction of any such alterations
to the project. Construction of said alterations or any feature
thereof shall not be initiated until the program of inspection for
the alterations or any feature thereof has been approved by said
representative. The Licensee shall allow said representative and
other officers or employees of the United States, showing proper
credentials, free and unrestricted access to, through, and across
the project lands and projects works in the performance of their
official duties. The Licensee shall comply with such rules and
regulations of general or special applicability as the Commission
may prescribe from time to time for the protection of life, health,
or property.
Article 5. The Licensee, within five years from the date
of issuance of the license, shall acquire title in fee or the right
to use in perpetuity all lands, other than lands of the United
States, necessary or appropriate for the construction, maintenance,
and operation of the project. The Licensee or its successors and
assigns shall, during the period of the license, retain the
possession of all project property covered by the license as issued
or as later amended, including the project area, the project works,
and all franchises, easements, water rights, and rights of
occupancy and use; and none of such properties shall be voluntarily
sold, leased, transferred, abandoned, or otherwise disposed of
without the prior written approval of the Commission, except that
the Licensee may lease or otherwise dispose of interests in
projects lands or property without specific written approval of the
Commission pursuant to the then current regulations of the
Commission. The provisions of this article are not intended to
prevent the abandonment or the retirement from service of
structures, equipment, or other project works in connection with
replacements thereof when they become obsolete, inadequate, or
inefficient for further service due to wear and tear; and mortgage
or trust deeds or judicial sales made thereunder, or tax sales,
shall not be deemed voluntary transfers within the meaning of this
article.
Article 6. In the event the project is taken over by the
United States upon the termination of the license as provided in
Section 14 of the Federal Power Act, or is transferred to a new
licensee or to a non-power licensee under the provisions of Section
15 of said Act the Licensee, its successors and assigns shall be
responsible for, and shall make good any defect of title to, or of
right of occupancy and use in, any of such project property that is
necessary or appropriate or valuable and serviceable in the
maintenance and operation of the project, and shall pay and
discharge, or shall assume responsiblity for payment and discharge
of, all liens or encumbrances upon the projects or project property
created by the Licensee or created or incurred after the issuance
of the license: Provided, That the provisions of this
article are not intended to require the Licensee, for the purpose
of transferring the project to the United States or to a new
licensee, to acquire any different title to, or right of occupancy
and use in, any of such project property than was necessary to
acquire for its own purposes as the Licensee.
Article 7. The actual legitimate original cost of the
project, and of any addition thereto or betterment thereof, shall
be determined by the Commission in accordance with the Federal
Power Act and the Commission's Rules and Regulations
thereunder.
Article 8. The licensee shall install and thereafter
maintain gages and stream-gaging stations for the purpose of
determining the stage and flow of the stream or streams on which
the project is located, the amount of water held in and withdrawn
from storage, and the effective head on the turbines; shall provide
for the required reading of such gages and for the adequate rating
of such stations; and shall install and maintain standard meters
adequate for the determination of the amount of electric energy
generated by the project works. The number, character, and location
of gages, meters, or other measuring devices, and the method of
operation thereof, shall at all times be satisfactory to the
Commission or its authorized representative. The Commission
reserves the right, after notice and opportunity for hearing, to
require such alterations in the number, character, and location of
gages, meters, or other measuring devices, and the method of
operation thereof, as are necessary to secure adequate
determinations. The installation of gages, the rating of said
stream or streams, and the determination of the flow thereof, shall
be under the supervision of, or in cooperation with, the District
Engineer of the United States Geological Survey having charge of
stream-gaging operations in the region of the project, and the
Licensee shall advance to the United States Geological Survey the
amount of funds estimated to be necessary for such supervision, or
cooperation for such periods as may be mutually agreed upon. The
Licensee shall keep accurate and sufficient records of the
foregoing determinations to the satisfaction of the Commission, and
shall make return of such records annually at such time and in such
form as the Commission may prescribe.
Article 9. The Licensee shall, after notice and
opportunity for hearing, install additional capacity or make other
changes in the project as directed by the Commission, to the extent
that it is economically sound and in the public interest to do
so.
Article 10. The Licensee shall, after notice and
opportunity for hearing, coordinate the operation of the project,
electrically and hydraulically, with such other projects or power
systems and in such manner as the Commission may direct in the
interest of power and other beneficial public uses of water
resources, and on such conditions concerning the equitable sharing
of benefits by the Licensee as the Commission may order.
Article 11. Whenever the Licensee is directly benefited
by the construction work of another licensee, a permittee, or the
United States on a storage reservoir or other headwater
improvement, the Licensee shall reimburse the owner of the
headwater improvement for such part of the annual charges for
interest, maintenance, and depreciation thereof as the Commission
shall determine to be equitable, and shall pay to the United States
the cost of making such determination as fixed by the Commission.
For benefits provided by a storage reservoir or other headwater
improvement of the United States, the Licensee shall pay to the
Commission the amounts for which it is billed from time to time for
such headwater benefits and for the cost of making the
determinations pursuant to the then current regulations of the
Commission under the Federal Power Act.
Article 12. The United States specifically retains and
safeguards the right to use water in such amount, to be determined
by the Secretary of the Army, as may be necessary for the purposes
of navigation on the navigable waterway affected; and the
operations of the Licensee, so far as they affect the use, storage
and discharge from storage of waters affected by the license, shall
at all time be controlled by such reasonable rules and regulations
as the Secretary of the Army may prescribe in the interest of
navigation, and as the Commission may prescribe for the protection
of life, health, and property, and in the interest of the fullest
practicable conservation and utilization of such waters for power
purposes and for other beneficial public uses, including
recreational purposes, and the Licensee shall release water from
the project reservoir at such rate in cubic feet per second, or
such volume in acre-feet per specified period of time, as the
Secretary of the Army may prescribe in the interest of navigation,
or as the Commission may prescribe for the other purposes
hereinbefore mentioned.
Article 13. On the application of any person,
association, corporation, Federal agency, State or municipality,
the Licensee shall permit such reasonable use of its reservoir or
other project properties, including works, lands and water rights,
or parts thereof, as may be ordered by the Commission, after notice
and opportunity for hearing, in the interests of comprehensive
development of the waterway or waterways involved and the
conservation and utilization of the water resources of the region
for water supply or for the purposes of steam-electric, irrigation,
industrial, municipal or similar uses. The Licensee shall receive
reasonable compensation for use of its reservoir or other project
properties or parts thereof for such purposes, to include at least
full reimbursement for any damages or expenses which the joint use
causes the Licensee to incur. Any such compensation shall be fixed
by the Commission either by approval of an agreement between the
Licensee and the party or parties benefiting or after notice and
opportunity for hearing. Applications shall contain information in
sufficient detail to afford a full understanding of the proposed
use, including satisfactory evidence that the applicant possesses
necessary water rights pursuant to applicable State law, or a
showing of cause why such evidence cannot concurrently be
submitted, and a statement as to the relationship of the proposed
use to any State or municipal plans or orders which may have been
adopted with respect to the use of such waters.
Article 14. In the construction or maintenance of the
project works, the Licensee shall place and maintain suitable
structures and devices to reduce to a reasonable degree the
liability of contact between its transmission lines and telegraph,
telephone and other signal wires or power transmission lines
constructed prior to its transmission lines and not owned by the
Licensee, and shall also place and maintain suitable structures and
devices to reduce to a reasonable degree the liability of any
structures or wires falling or obstructing traffic or endangering
life. None of the provisions of this article are intended to
relieve the Licensee from any responsibility or requirement which
may be imposed by any other lawful authority for avoiding of
eliminating inductive interference.
Article 15. The Licensee shall, for the conservation and
development of fish and wildlife resources, construct, maintain,
and operate, or arrange for the construction, maintenance, and
operation of such reasonable facilities, and comply with such
reasonable modifications of the project structures and operation,
as may be ordered by the Commission upon its own motion or upon the
recommendation of the Secretary of the Interior or the fish and
wildlife agency or agencies of any State in which the project or a
part thereof is located, after notice and opportunity for
hearing.
Article 16. Whenever the United States shall desire, in
connection with the project, to construct fish and wildlife
facilities or to improve the existing fish and wildlife facilities
at its own expense, the Licensee shall permit the United States or
its designated agency to use, free of cost, such of the Licensee's
lands and interests in lands, reservoirs, waterways and project
works as may be reasonably required to complete such facilities or
such improvements thereof. In addition, after notice and
opportunity for hearing, the Licensee shall modify the proj- ect
operation as may be reasonably prescribed by the Commission in
order to permit the maintenance and operation of the fish and
wildlife facilities constructed or improved by the United States
under the provisions of this article. This article shall not be
interpreted to place any obligation on the United States to
construct or improve fish and wildlife facilities or to relieve the
Licensee of any obligation under this license.
Article 17. The Licensee shall construct, maintain, and
operate, or shall arrange for the construction, maintenance, and
operation of such reasonable recreational facilities, including
modifications thereto, such as access roads, wharves, launching
ramps, beaches, picnic and camping areas, sanitary facilities, and
utilities, giving consideration to the needs of the physically
handicapped, and shall comply with such reasonable modifications of
the project, as may be prescribed hereafter by the Commission
during the term of this license upon its own motion or upon the
recommendation of the Secretary of the Interior or other interested
Federal or State agencies, after notice and opportunity for
hearing.
Article 18. So far as is consistent with proper operation
of the project, the Licensee shall allow the public free access, to
a reasonable extent, to project waters and adjacent project lands
owned by the Licensee for the purpose of full public utilization of
such lands and waters for navigation and for outdoor recreational
purposes, including fishing and hunting: Provided, That the
Licensee may reserve from public access such portions of the
project waters, adjacent lands, and project facilities as may be
necessary for the protection of life, health, and property.
Article 19. In the construction, maintenance, or
operation of the project, the Licensee shall be responsible for,
and shall take reasonable measures to prevent, soil erosion on
lands adjacent to streams or other waters, stream sedimentation,
and any form of water or air pollution. The Commission, upon
request or upon its own motion, may order the Licensee to take such
measures as the Commission finds to be necessary for these
purposes, after notice and opportunity for hearing.
Article 20. The Licensee shall clear and keep clear to an
adequate width lands along open conduits and shall dispose of all
temporary structures, unused timber, brush, refuse, or other
material unnecessary for the purposes of the project which results
from the clearing of lands or from the maintenance or alteration of
the project works. In addition, all trees along the periphery of
project reservoirs which may die during operations of the project
shall be removed. All clearing of the lands and disposal of the
unnecessary material shall be done with due diligence and to the
satisfaction of the authorized representatives of the Commission
and in accordance with appropriate Federal, State, and local
statutes and regulations.
Article 21. Material may be dredged or excavated from, or
placed as fill in, project lands and/or waters only in the
prosecution of work specifically authorized under the license; in
the maintenance of the project; or after obtaining Commission
approval, as appropriate. Any such material shall be removed and/or
deposited in such manner as to reasonably preserve the
environmental values of the project and so as not to interfere with
traffic on land or water. Dredging and filling in a navigable water
of the United States shall also be done to the satisfaction of the
District Engineer, Department of the Army, in charge of the
locality.
Article 22. Whenever the United States shall desire to
construct, complete, or improve navigation facilities in connection
with the project, the Licensee shall convey to the United States,
free of cost, such of its lands and rights-of-way and such rights
of passage through its dams or other structures, and shall permit
such control of its pools, as may be required to complete and
maintain such navigation facilities.
Article 23. The operation of any navigation facilities
which may be constructed as a part of, or in connection with, any
dam or diversion structure constituting a part of the project works
shall at all times be controlled by such reasonable rules and
regulations in the interest of navigation, including control of the
level of the pool caused by such dam or diversion structure, as may
be made from time to time by the Secretary of the Army.
Article 24. The Licensee shall furnish power free of cost
to the United States for the operation and maintenance of
navigation facilities in the vicinity of the project at the voltage
and frequency required by such facilities and at a point adjacent
thereto, whether said facilities are constructed by the Licensee or
by the United States.
Article 25. The Licensee shall construct, maintain, and
operate at its own expense such lights and other signals for the
protection of navigation as may be directed by the Secretary of the
Department in which the Coast Guard is operating.
Article 26. If the Licensee shall cause or suffer
essential project property to be removed or destroyed or to become
unfit for use, without adequate replacement, or shall abandon or
discontinue good faith operation of the project or refuse or
neglect to comply with the terms of the license and the lawful
orders of the Commission mailed to the record address of the
Licensee or its agent, the Commission will deem it to be the intent
of the Licensee to surrender the license. The Commission, after
notice and opportunity for hearing, may require the Licensee to
remove any or all structures, equipment and power lines within the
project boundary and to take any such other action necessary to
restore the project waters, lands, and facilities remaining within
the project boundary to a condition satisfactory to the United
States agency having jurisdiction over its lands or the
Commission's authorized representative, as appropriate, or to
provide for the continued operation and maintenance of nonpower
facilities and fulfill such other obligations under the license as
the Commission may prescribe. In addition, the Commission in its
discretion, after notice and opportunity for hearing, may also
agree to the surrender of the license when the Commission, for the
reasons recited herein, deems it to be the intent of the Licensee
to surrender the license.
Article 27. The right of the Licensee and of its
successors and assigns to use or occupy waters over which the
United States has jurisdiction, or lands of the United States under
the license, for the purpose of maintaining the project works or
otherwise, shall absolutely cease at the end of the license period,
unless the Licensee has obtained a new license pursuant to the then
existing laws and regulations, or an annual license under the terms
and conditions of this license.
Article 28. The terms and conditions expressly set forth
in the license shall not be constructed as impairing any terms and
conditions of the Federal Power Act which are not expressly set
forth herein.
Federal Energy Regulatory Commission Form L-4 (Revised October,
1975) terms and conditions of license for unconstructed major
project affecting navigable waters of the united states
Article 1. The entire project, as described in this order
of the Commission, shall be subject to all of the provisions,
terms, and conditions of the license.
Article 2. No substantial change shall be made in the
maps, plans, specifications, and statements described and
designated as exhibits and approved by the Commission in its order
as a part of the license until such change shall have been approved
by the Commission: Provided, however, That if the Licensee
or the Commission deems it necessary or desirable that said
approved exhibits, or any of them, be changed, there shall be
submitted to the Commission for approval a revised, or additional
exhibit or exhibits covering the proposed changes which, upon
approval by the Commission, shall become a part of the license and
shall supersede, in whole or in part, such exhibit or exhibits
theretofore made a part of the license as may be specified by the
Commission.
Article 3. The project works shall be constructed in
substantial conformity with the approved exhibits referred to in
Article 2 herein or as changed in accordance with the provisions of
said article. Except when emergency shall require for the
protection of navigation, life, health, or property, there shall
not be made without prior approval of the Commission any
substantial alteration or addition not in conformity with the
approved plans to any dam or other project works under the license
or any substantial use of project lands and waters not authorized
herein; and any emergency alteration, addition, or use so made
shall thereafter be subject to such modification and change as the
Commission may direct. Minor changes in project works, or in uses
of project lands and waters, or divergence from such approved
exhibits may be made if such changes will not result in a decrease
in efficiency, in a material increase in cost, in an adverse
environmental impact, or in impairment of the general scheme of
development; but any of such minor changes made without the prior
approval of the Commission, which in its judgment have produced or
will produce any of such results, shall be subject to such
alteration as the Commission may direct.
Upon the completion of the project, or at such other time as the
Commission may direct, the Licensee shall submit to the Commission
for approval revised exhibits insofar as necessary to show any
divergence from or variations in the project area and project
boundary as finally located or in the project works as actually
constructed when compared with the area and boundary shown and the
works described in the license or in the exhibits approved by the
Commission, together with a statement in writing setting forth the
reasons which in the opinion of the Licensee necessitated or
justified variation in or divergence from the approved exhibits.
Such revised exhibits shall, if and when approved by the
Commission, be made a part of the license under the provisions of
Article 2 hereof.
Article 4. The construction, operation, and maintenance
of the project and any work incidental to additions or alterations
shall be subject to the inspection and supervision of the Regional
Engineer, Federal Power Commission, in the region wherein the
project is located, or of such other officer or agent as the
Commission may designate, who shall be the authorized
representative of the Commission for such purposes. The Licensee
shall cooperate fully with said representative and shall furnish
him a detailed program of inspection by the Licensee that will
provide for an adequate and qualified inspection force for
construction of the project and for any subsequent alterations to
the project. Construction of the project works or any feature or
alterations thereof shall not be initiated until the program of
inspection for the project works or any such feature thereof has
been approved by said representative. The Licensee shall also
furnish to said representative such further information as he may
require concerning the construction, operation, and maintenance of
the project, and of any alteration thereof, and shall notify him of
the date upon which work will begin, as far in advance thereof as
said representative may reasonably specify, and shall notify him
promptly in writing of any suspension of work for a period of more
than one week, and of its resumption and completion. The Licensee
shall allow said representative and other officers or employees of
the United States, showing proper credentials, free and
unrestricted access to, through, and across the project lands and
project works in the performance of their official duties. The
Licensee shall comply with such rules and regulations of general or
special applicability as the Commission may prescribe from time to
time for the protection of life, health, or property.
Article 5. The Licensee, within 5 years from the date of
issuance of the license, shall acquire title in fee or other right
to use in perpetuity all lands, other than lands of the United
States, necessary or appropriate for the construction, maintenance,
and operation of the project. The Licensee or its successors and
assigns shall, during the period of the license, retain the
possession of all project property covered by the license as issued
or as later amended, including the project area, the project works,
and all franchises, easements, water and rights of occupancy and
use; and none of such properties shall be voluntarily sold, leased,
transferred, abandoned, or otherwise disposed of without the prior
written approval of the Commission, except that the Licensee may
lease or otherwise dispose of interests in project lands or
property without specific written approval of the Commission
pursuant to the then current regulations of the Commission. The
provisions of this article are not intended to prevent the
abandonment or the retirement from service of structures,
equipment, or other project works in connection with replacements
thereof when they become obsolete, inadequate, or inefficient for
further service due to wear and tear; and mortgage or trust deeds
or judicial sales made thereunder, or tax sales, shall not be
deemed voluntary transfers within the meaning of this article.
Article 6. In the event the project is taken over by the
United States upon the termination of the license as provided in
Section 14 of the Federal Power Act, or is transferred to a new
licensee or to a non-power licensee under the provisions of Section
15 of said Act, the Licensee, its successors and assigns shall be
responsible for, and shall make good any defect of title to, or of
right of occupancy and use in, any of such project property that is
necessary or appropriate or valuable and serviceable in the
maintenance and operation of the project, and shall pay and
discharge, or shall assume responsibility for payment and discharge
of, all liens or encumbrances upon the project or project property
created by the Licensee or created or incurred after the issuance
of the License: Provided, That the provisions of this
article are not intended to require the Licensee, for the purpose
of transferring the project to the United States or to a new
licensee, to acquire any different title to, or right of occupancy
and use in, any of such project property than was necessary to
acquire for its own purposes as the Licensee.
Article 7. The actual legitimate original cost of the
project, and of any addition thereto or betterment thereof, shall
be determined by the Commission in accordance with the Federal
Power Act and the Commission's Rules and Regulations
thereunder.
Article 8. The Licensee shall install and thereafter
maintain gages and stream-gaging stations for the purpose of
determining the stage and flow of the stream or streams on which
the project is located, the amount of water held in and withdrawn
from storage, and the effective head on the turbines; shall provide
for the required reading of such gages and for the adequate rating
of such stations; and shall install and maintain standard meters
adequate for the determination of the amount of electric energy
generated by the project works. The number, character, and location
of gages, meters, or other measuring devices, and the method of
operation thereof, shall at all times be satisfactory to the
Commission or its authorized representative. The Commission
reserves the right, after notice and opportunity for hearing, to
require such alterations in the number, character, and location of
gages, meters, or other measuring devices, and the method of
operation thereof, as are necessary to secure adequate
determinations. The installation of gages, the rating of said
stream or streams, and the determination of the flow thereof, shall
be under the supervision of, or in cooperation with, the District
Engineer of the United States Geological Survey having charge of
stream-gaging operations in the region of the project, and the
Licensee shall advance to the United States Geological Survey the
amount of funds estimated to be necessary for such supervision, or
cooperation for such periods as may be mutually agreed upon. The
Licensee shall keep accurate and sufficient records of the
foregoing determinations to the satisfaction of the Commission, and
shall make return of such records annually at such time and in such
form as the Commission may prescribe.
Article 9. The Licensee shall, after notice and
opportunity for hearing, install additional capacity or make other
changes in the project as directed by the Commission, to the extent
that it is economically sound and in the public interest to do
so.
Article 10. The Licensee shall, after notice and
opportunity for hearing, coordinate the operation of the project,
electrically and hydraulically, with such other projects or power
systems and in such manner as the Commission may direct in the
interest of power and other beneficial public uses of water
resources, and on such conditions concerning the equitable sharing
of benefits by the Licensee as the Commission may order.
Article 11. Whenever the Licensee is directly benefited
by the construction work of another licensee, a permittee, or the
United States on a storage reservoir or other headwater
improvement, the Licensee shall reimburse the owner of the
headwater improvement for such part of the annual charges for
interest, maintenance, and depreciation thereof as the Commission
shall determine to be equitable, and shall pay to the United States
the cost of making such determination as fixed by the Commission.
For benefits provided by a storage reservoir or other headwater
improvement of the United States, the Licensee shall pay to the
Commission the amounts for which it is billed from time to time for
such headwater benefits and for the cost of making the
determinations pursuant to the then current regulations of the
Commission under the Federal Power Act.
Article 12. The United States specifically retains and
safeguards the right to use water in such amount, to be determined
by the Secretary of the Army, as may be necessary for the purposes
of navigation on the navigable waterway affected; and the
operations of the Licensee, so far as they affect the use, storage
and discharge from storage of waters affected by the license, shall
at all times be controlled by such reasonable rules and regulations
as the Secretary of the Army may prescribe in the interest of
navigation, and as the Commission may prescribe for the protection
of life, health, and property, and in the interest of the fullest
practicable conservation and utilization of such waters for power
purposes and for other beneficial public uses, including
recreational purposes, and the Licensee shall release water from
the project reservoir at such rate in cubic feet per second, or
such volume in acre-feet per specified period of time, as the
Secretary of the Army may prescribe in the interest of navigation,
or as the Commission may prescribe for the other purposes
hereinbefore mentioned.
Article 13. On the application of any person,
association, corporation, Federal agency, State or municipality,
the Licensee shall permit such reasonable use of its reservoir or
other project properties, including works, lands and water rights,
or parts thereof, as may be ordered by the Commission, after notice
and opportunity for hearing, in the interests of comprehensive
development of the waterway or waterways involved and the
conservation and utilization of the water resources of the region
for water supply or for the purposes of steam-electric, irrigation,
industrial, municipal or similar uses. The Licensee shall receive
reasonable compensation for use of its reservoir or other project
properties or parts thereof for such purposes, to include at least
full reimbursement for any damages or expenses which the joint use
causes the Licensee to incur. Any such compensation shall be fixed
by the Commission either by approval of an agreement between the
Licensee and the party or parties benefiting or after notice and
opportunity for hearing. Applications shall contain information in
sufficient detail to afford a full understanding of the proposed
use, including satisfactory evidence that the applicant possesses
necessary water rights pursuant to applicable State law, or a
showing of cause why such evidence cannot concurrently be
submitted, and a statement as to the relationship of the proposed
use to any State or municipal plans or orders which may have been
adopted with respect to the use of such waters.
Article 14. In the construction or maintenance of the
project works, the Licensee shall place and maintain suitable
structures and devices to reduce to a reasonable degree the
liability of contact between its transmission lines and telegraph,
telephone and other signal wires or power transmission lines
constructed prior to its transmission lines and not owned by the
Licensee, and shall also place and maintain suitable structures and
devices to reduce to a reasonable degree the liability of any
structures or wires falling or obstructing traffic or endangering
life. None of the provisions of this article are intended to
relieve the Licensee from any responsibility or requirement which
may be imposed by any other lawful authority for avoiding or
eliminating inductive interference.
Article 15. The Licensee shall, for the conservation and
development of fish and wildlife resources, construct, maintain,
and operate, or arrange for the construction, maintenance, and
operation of such reasonable facilities, and comply with such
reasonable modifications of the project structures and operation,
as may be ordered by the Commission upon its own motion or upon the
recommendation of the Secretary of the Interior or the fish and
wildlife agency or agencies of any State in which the project or a
part thereof is located, after notice and opportunity for
hearing.
Article 16. Whenever the United States shall desire, in
connection with the project, to construct fish and wildlife
facilities or to improve the existing fish and wildlife facilities
at its own expense, the Licensee shall permit the United States or
its designated agency to use, free of cost, such of the Licensee's
lands and interests in lands, reservoirs, waterways and project
works as may be reasonably required to complete such facilities or
such improvements thereof. In addition, after notice and
opportunity for hearing, the Licensee shall modify the project
operation as may be reasonably prescribed by the Commission in
order to permit the maintenance and operation of the fish and
wildlife facilities constructed or improved by the United States
under the provisions of this article. This article shall not be
interpreted to place any obligation on the United States to
construct or improve fish and wildlife facilities or to relieve the
Licensee of any obligation under this license.
Article 17. The Licensee shall construct, maintain, and
operate, or shall arrange for the construction, maintenance, and
operation of such reasonable recreational facilities, including
modifications thereto, such as access roads, wharves, launching
ramps, beaches, picnic and camping areas, sanitary facilities, and
utilities, giving consideration to the needs of the physically
handicapped, and shall comply with such reasonable modifications of
the project, as may be prescribed hereafter by the Commission
during the term of this license upon its own motion or upon the
recommendation of the Secretary of the Interior or other interested
Federal or State agencies, after notice and opportunity for
hearing.
Article 18. So far as is consistent with proper operation
of the project, the Licensee shall allow the public free access, to
a reasonable extent, to project waters and adjacent project lands
owned by the Licensee for the purpose of full public utilization of
such lands and waters for navigation and for outdoor recreational
purposes, including fishing and hunting: Provided, That the
Licensee may reserve from public access such portions of the
project waters, adjacent lands, and project facilities as may be
necessary for the protection of life, health, and property.
Article 19. In the construction, maintenance, or
operation of the project, the Licensee shall be responsible for,
and shall take reasonable measures to prevent, soil erosion on
lands adjacent to streams or other waters, stream sedimentation,
and any form of water or air pollution. The Commission, upon
request or upon its own motion, may order the Licensee to take such
measures as the Commission finds to be necessary for these
purposes, after notice and opportunity for hearing.
Article 20. The Licensee shall consult with the
appropriate State and Federal agencies and, within one year of the
date of issuance of this license, shall submit for Commission
approval a plan for clearing the reservoir area. Further, the
Licensee shall clear and keep clear to an adequate width lands
along open conduits and shall dispose of all temporary structures,
unused timber, brush, refuse, or other material unnecessary for the
purposes of the project which results from the clearing of lands or
from the maintenance or alteration of the project works. In
addition, all trees along the periphery of project reservoirs which
may die during operations of the project shall be removed. Upon
approval of the clearing plan all clearing of the lands and
disposal of the unnecessary material shall be done with due
diligence and to the satisfaction of the authorized representative
of the Commission and in accordance with appropriate Federal,
State, and local statutes and regulations.
Article 21. Material may be dredged or excavated from, or
placed as fill in, project lands and/or waters only in the
prosecution of work specifically authorized under the license; in
the maintenance of the project; or after obtaining Commission
approval, as appropriate. Any such material shall be removed and/or
deposited in such manner as to reasonably preserve the
environmental values of the project and so as not to interfere with
traffic on land or water. Dredging and filling in a navigable water
of the United States shall also be done to the satisfaction of the
District Engineer, Department of the Army, in charge of the
locality.
Article 22. Whenever the United States shall desire to
construct, complete, or improve navigation facilities in connection
with the project, the Licensee shall convey to the United States,
free of cost, such of its lands and rights-of-way and such rights
of passage through its dams or other structures, and shall permit
such control of its pools, as may be required to complete and
maintain such navigation facilities.
Article 23. The operation of any navigation facilities
which may be constructed as a part of, or in connection with, any
dam or diversion structure constituting a part of the project works
shall at all times be controlled by such reasonable rules and
regulations in the interest of navigation, including control of the
level of the pool caused by such dam or diversion structure, as may
be made from time to time by the Secretary of the Army.
Article 24. The Licensee shall furnish power free of cost
to the United States for the operation and maintenance of
navigation facilities in the vicinity of the project at the voltage
and frequency required by such facilities and at a point adjacent
thereto, whether said facilities are constructed by the Licensee or
by the United States.
Article 25. The Licensee shall construct, maintain, and
operate at its own expense such lights and other signals for the
protection of navigation as may be directed by the Secretary of the
Department in which the Coast Guard is operating.
Article 26. If the Licensee shall cause or suffer
essential project property to be removed or destroyed or to become
unfit for use, without adequate replacement, or shall abandon or
discontinue good faith operation of the project or refuse or
neglect to comply with the terms of the license and the lawful
orders of the Commission mailed to the record address of the
Licensee or its agent, the Commission will deem it to be the intent
of the Licensee to surrender the license. The Commission, after
notice and opportunity for hearing, may require the Licensee to
remove any or all structures, equipment and power lines within the
project boundary and to take any such other action necessary to
restore the project waters, lands, and facilities remaining within
the project boundary to a condition satisfactory to the United
States agency having jurisdiction over its lands or the
Commission's authorized representative, as appropriate, or to
provide for the continued operation and maintenance of nonpower
facilities and fulfill such other obligations under the license as
the Commission may prescribe. In addition, the Commission in its
discretion, after notice and opportunity for hearing, may also
agree to the surrender of the license when the Commission, for the
reasons recited herein, deems it to be the intent of the Licensee
to surrender the license.
Article 27. The right of the Licensee and of its
successors and assigns to use or occupy waters over which the
United States has jurisdiction, or lands of the United States under
the license, for the purpose of maintaining the project works or
otherwise, shall absolutely cease at the end of the license period,
unless the Licensee has obtained a new license pursuant to the then
existing laws and regulations, or an annual license under the terms
and conditions of this license.
Article 28. The terms and conditions expressly set forth
in the license shall not be construed as impairing any terms and
conditions of the Federal Power Act which are not expressly set
forth herein.