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 that determined that the Federal Power Commission was authorized to take lands owned by the Tuscarora Nation 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 on June 7, 1956, a rock slide destroyed the Schoellkopf Power Station, creating a critical shortage of power in the Mid-Atlantic Region.