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Show in the extent to which charges must be assessed for different benefits, such as power, municipal wa- ter, irrigation water, flood control, and naviga- tion. Some differences arise from differences in the nature of the benefits. But depending upon which agency constructs a project, the same benefit is often subject to differ- ent reimbursement or pricing requirements. For example, power and municipal water are subject to one set of pricing standards if they are incidents of an Army project, but different standards apply at reclamation projects. A like difference exists as to irrigation water where the Army project was constructed prior to 1944. And as to other project benefits, such as recreational facilities, the question of whether reimbursement is required at all depends upon which is the construction agency. Water Resources Activity Other Than Project Development-Regulatory Functions as to Non- Federal Development.-In addition to the Fed- eral construction of projects, important govern- mental functions are involved in land use measures related to water resources activities, and also in the regulation of non-Federal water resources development. Complementing water resources activities, other Federal programs seek improved land prac- tices, such as those concerning forestry, soil con- servation, and management of grazing lands. So far as they axe implemented through non-Federal action, these programs also seek the integration of Federal and non-Federal activity. Here, the extent of integration largely measures the aid to comprehensive development. As to non-Federal construction of structures in or over streams, integration is accomplished through Federal regulation. The Federal Power Commission licenses non-Federal hydroelectric development; on Federal public lands, and those in streams subject to the jurisdiction of Congress together with their appurtenant primary trans- mission lines over Federal lands. These func- tions are governed by a statute which expressly relates them to comprehensive development. On the other hand, the Secretary of the Army is authorized to permit other structures in or over navigable streams. But the exercise of this func- tion has the limited statutory objective of preserv- ing stream navigability, thus distinguishing it sharply from the foregoing regulation by the Com- mission. Still another type of regulation should be noted. All agencies supervising Federal public lands reg- ulate certain aspects of non-Federal development through imposition of conditions governing grants of rights-of-way over Federal lands. In the case of the foregoing activities, the statu- tory situation is substantially the same as in Fed- eral project planning. For several agencies are involved, each with primary statutory responsi- bility for different phases of resources develop- ment. The possibility of lack of over-all program balance recurs. Moreover, as the governing statutory provisions have evolved, certain areas have been created in which more than one agency may have jurisdiction. At the same time, there are other affected areas in which no agency has jurisdiction. ' Relative Spheres of Federal and non-Federal Development.-More significant than the forego- ing, in the matter of regulation, is the possibility of conflict between a proposal to license a non- Federal project and another proposal for Federal construction of a similar or conflicting project. For the statutes do not clearly define the relative spheres of water resources activity to be under- taken directly by the United States and activity to be undertaken by others under license from the United States. Conclusion.-At different times and in dif- ferent ways, law has responded to the changing needs for development, utilization, and conserva- tion of water resources, including related uses of land. This process has produced a number of conflicts, duplications, and gaps. The Future In the light of existing law, summarized above, the Commission has formulated the recommen- dations set forth in this report. And it has con- cluded that their adoption will present few legal problems, the principal ones being those only of draftsmanship. When these recommenda- 302 |