82 STAT. ]
PUBLIC LAW 90^51-AUG. 3, 1968
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, 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 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 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 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 first sentence thereof and by adding thereto the following new subsection: " (b) I n issuing any licenses under this section except an annual 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 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. Whenever, in the judgment of the Commission, a State, municipality, interstate 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 Auust 15, 1953 (67 Stat. 587), every licensee for nonpower use shall eep 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 nonpower use license as the Commission m a j by rules and regulations or order prescribe as necessary or appropriate." SEC. 4. Section 10(d) of the Federal Power Act, as amended (16 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 under this subsection shall be maintained on and after the effective date of such new license." Approved August 3, 1968.
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