NATIONAL FOREST MANUAL. 39 



ration shall be so designated unless by condemnation it shall have acquired, 

 or unless by proceedings in a court of competent jurisdiction it shall have been 

 determined that such municipality has the right to acquire, such property 

 situated elsewhere than on National Forest lands: And provided further, That 

 no such municipal corporation shall be so designated unless it also has the 

 power to acquire the said property and rights of the permittee in accordance 

 with the following conditions; that such surrender or transfer shall be on 

 condition precedent that the United States or such transferee shall first pay 

 to the permittee the reasonable value of all said works, equipment, structures, 

 and other tangible property, and in addition thereto a bonus of three-fourths 

 of 1 per cent of such reasonable value for each full year of the unexpired term 

 of the permit; that such reasonable value shall not include any sum for the 

 permit, or for any other franchise or right granted by the United States, by 

 any State, or by any municipal corporation, in excess of the amount (exclusive 

 of any tax or annual charge) actually paid to the United States, or to such 

 State or municipal corporation, as the compensation for the granting of such 

 franchise or right, or any sum for any other intangible properties or values 

 whatsoever, it being understood that all such intangible values shall be covered 

 by the bonus herein provided for; that such reasonable value shall be deter- 

 mined by mutual agreement between the parties in interest, and in case they 

 can not agree by a board of arbitration of three members, one of whom shall 

 be named by the permittee and one by the transferee, the third shall be either 

 the Secretary or some representative whom he may name ; and that the reason- 

 able value for the purposes of such determination, of such works, equipment, 

 structures, and other tangible property shall be the cost of reproduction of 

 such works,, equipment, structure, and other tangible property under substan- 

 tially the same conditions as existed at the time of the original construction 

 and at prices for labor and material which shall be the average of such prices 

 for the five years next preceding the date of valuation, less a percentage of 

 such reproduction cost equal to the per cent of physical and functional depre- 

 ciation of the existing work, equipment, structures, and other tangible property. 



ART. 29. That in respect to the regulation by any competent public authority 

 of the service to be rendered by the permittee or the price to be charged there- 

 for and in respect to any purchase or taking over of the properties or business of 

 the permittee or any part thereof by the United States, or by any State within 

 which the works are situated or business carried on in whole or in part, or by any 

 municipal corporation in such State, no value whatsoever shall at any time be 

 assigned to or claimed for the permit, or for the occupancy or use of National 

 Forest lands granted thereunder, nor shall the permit or such occupancy and 

 use ever be estimated or considered as property upon which the permittee 

 shall be entitled to earn or receive any return, income, price, or compensation 

 whatsoever. 



ART. 30. That the works constructed, or to be constructed, maintained, and. or, 

 operated under the permit, will not be owned, leased, trusteed, possessed, or 

 controlled by any device or in any manner so that they form part of, or in any 

 way effect, any combination in the form of an unlawful trust, or form the sub- 

 ject of any unlawful contract or conspiracy to limit the output of electric 

 energy, or are in restraint of trade with foreign nations or between two or 

 more States or within any one State in the generation, transmission, distribu- 

 tion, or sale of electrical or other power. 



In witness whereof the permittee has executed this stipulation on the 



day of , 19 



[SEAL.] By 



Attest : 



Secretary. 

 Form 61b. 



UNITED STATES DEPARTMENT OF AGRICULTURE. 

 FOREST SERVICE. 



ACKNOWLEDGMENT. 



State of _. __\ 

 County of / Si 



On this day of , 19__, before me, a notary public in and for said 



county, duly commissioned and sworn, my commission expiring , 19, 



