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Federal Power Commission v. Tuscarora Indian Nation
''Federal Power Commission v. Tuscarora Indian Nation'', 362 U.S. 99 (1960), was a case decided by the United States Supreme Court which determined that the Federal Power Commission was authorized to take lands owned by the Tuscarora Indian tribe by eminent domain under the Federal Power Act for a hydroelectric power project, upon payment of just compensation.
== Background ==
In 1950 the United States and Canada entered into treaty in respect to the Niagara Falls in order to properly split the use of an obviously huge natural resource. When approving the treaty, the Senate entered into force a provision that stated that no development of the areas was to occur without an Act of Congress. Because of this the Army Corps of Engineers reported to the Congress about the most feasible plans to use all of the waters afforded to it by the 1950 treaty. Also other studies were submitted to the Congress by the Federal Power Commission and Power Authority of New York.
The treaty limited the use of water during the nights and weekends. In order to overcome these times where water would not be as readily available all the plans submitted called for a reservoir to be built that could feed the power plant during these off times. However squabbling in Congress on whether the development should be public or private had delayed plans for several years. But June 7, 1956, a rock slide destroyed the Schoellkopf Power Station, creating a critical shortage of power in the Mid-Atlantic Region. Faced with this crisis Congress authorized the FPC to issue the Power Authority of New York a license to implement a plan that would utilize all available power that the 1950 treaty afforded the United States.
In light of its new authority via an Act of Congress the Power Authority began its hearing process and notified all interested parties, including the Tuscarora Indian Nation. In the hearing the Tuscarora objected to the Power Authority’s plan and stated that “the applicant lacks the authority to acquire them.” During the hearings it was stated that Power Authority would need about of land from a roughly parcel of land. The land in question was not part of the actual reservation as mandated by treaty, but purchased by the Tuscarora with assistance from the Secretary of War. After the hearings the FPC issued the license and found that the land in question was almost completely undeveloped. On May 5, 1958, the FPC issued its order approving the licensee's revised exhibit which precisely delineated the location, area, and acreage to be embraced by the reservoir, which included of the Tuscaroras' lands. On May 16, 1958, the Tuscarora filed a petition at the Court of Appeals for the District of Columbia.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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