OCR Text |
Show 291 already touched upon most of the laws relevant here, we need only recapitulate.195 In connection with navigation improvements, a number of laws contemplate or provide for federal development of power. Congress in 1912 delegated discretionary authority to the Sec- retary of the Army to include in the permanent parts of navi- gation dams such foundations, sluices, and other works as may be desirable for the future development of water power.196 And since 1913, the Army Engineers have been continuously re- quired to include in examination and survey reports, informa- tion regarding the development and utilization of water power for industrial and commercial purposes.197 Also important are the comprehensive "308 Reports" embracing plans on streams throughout the country for navigation improvement in combi- nation with "development of the potential water power," con- trol of floods, and the needs of irrigation.198 Moreover, with respect to dams authorized in River and Harbor Acts since 1945, with one possible exception, Congress has directed the installa- tion of penstocks and other facilities adaptable to future use for development of power, when approved by the Secretary of the Army upon recommendation of the Chief of Engineers and the Federal Power Commission.199 The situation is much the same in the case of flood-control projects, since the foregoing 1912 and 1913 requirements apply here also. In addition, under 1917 legislation, examinations 195 See supra, pp. 103,141, 239-240, 274-281. 196 See supra, p. 141. 197 See supra, p. 93. 198 See supra, pp. 92-93. 199 Act of March 2, 1945, § 2, 59 Stat. 10, 11; Act of July 24, 1946, § 1, 60 Stat. 634. This provision was omitted from the 1948 River and Harbor Act, but that Act did not authorize any dams. Act of June 30, 1948, title I, 62 Stat. 1171. And although the provision itself is omitted from the 1950 River and Harbor Act, it seems clear that it applies to dams authorized therein. Act of May 17, 1950, title I, 64 Stat. 163. For the provision, as included in § 204 of the 1950 Flood Control Act, directs the installation of penstocks in dams "authorized in this Act." The 1950 River and Harbor Act is title I of the Act of May 17,1950, of which the 1950 Flood Control Act is title II. Moreover, the word "Act" was deliberately substituted for "title." As passed by the House, the provision read "in this title." The Senate Com- mittee on Public Works changed this to read, "in this Act." The Conferees concurred. H. Rep. No. 1968, 81st Cong., 2d sess., p. 17 (1950). |