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Show 273 sistent. And many of the grants were perpetual in their terms. With rare exception, they included no provision for imposition of a charge for the privilege itself, or for disposition of properties. But with the uncertainty of a grantee's tenure and investment under grants subject to termination, private development had moved slowly. Seeking to remedy this situation, Congress in 1920 passed the Federal Water Power Act, regularizing and facilitating federal permission for nonfederal development through a licensing system. The Act's history reflects a legislative purpose to en- courage nonfederal development while safeguarding the pub- lic interest and making possible ultimate public ownership.71 And as we shall see, the Act itself reserves a right to ultimate public ownership of licensed projects and also holds the door open to direct federal development by prohibiting the issuance of licenses whenever the Federal Power Commission determines that development should be undertaken by the United States. The statute created the Federal Power Commission, com- posed of the Secretaries of the Army, the Interior, and Agri- culture.72 Federal development of power, it will be remem- bered, is a responsibility principally assigned to the Army Engineers, under the supervision of the Secretary of tKe Army, and to the Bureau of Reclamation, under the supervision of the Secretary of the Interior.73 These two Secretaries, therefore, had dual power responsibilities for a time. In 1930, Congress made the Commission an independent agency consisting of five members.74 In 1935, the 1920 Act was made Part I of the 71 Sen. Rep. No. 179, 65th Cong., 2d sess. (1917) ; H. Rep. No. 61, 66th Cong., 1st sess., p. 3 (1919) ; Sen. Rep. No. 180, 66th Cong., 1st sess., p. 3 (1919). Senator Jones, Chairman of the Senate Committee on Commerce, discussing the proposed legislation which ultimately became the Federal Power Act, said, "It will thus be seen that under the terms of the act the Federal Government has, through its commission, the first right to develop any of the water powers under its jurisdiction. Should the Federal Government elect not to do so, then States and municipalities are accorded a preference right to licenses on even terms over citizens, associations of citizens, or corpora- tions organized under the laws of the United States or any of the States thereof." 59 Cong. Rec. 246 (1919). 72 § 1, 41 Stat. 1063. 73 See supra, pp. 103, 109-110,141,147, 239-240. 74 Act of June 23,1930, § 1, 46 Stat. 797, see 16 U. S. C. 792. |