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Show 277 Furthermore, the licensee must construct and operate at its own expense such lights and signals as may be directed by the Secretary of the Army.94 Likewise, the operation of all project navigation facilities is subject to such rules as the Secretary of the Army may make "in the interest of navigation." 95 The licensee must maintain the project works in a condition of repair "adequate for the purposes of navigation" as well as for their efficient operation for power, and it must also make neces- sary renewals and replacements and establish and maintain, adequate depreciation reserves for such purposes.96 Moreover, it must maintain and operate the works "so as not to impair navigation." 97 On the other hand, in any valuation of the property for rate making, there must be included the cost to the licensee of the construction of required "aids of naviga- tion." 98 Noteworthy also is the provision that a portion of the proceeds derived from annual charges be reserved as a "special fund" to be expended under the direction of the Secre- tary of the Army in the maintenance and operation of federal navigation structures, or in the construction, maintenance or operation of "headwater or other improvements of navigable waters."99 Under other provisions, consideration of uses in addition to power and navigation is necessary. Provision is made for fish- ways and for consideration of the effect of proposed projects on fish and wildlife.100 Licenses must be so conditioned as to protect adequately and not interfere with the purposes of any reservation of the United States.101 Likewise, when the Com- mission deems a contemplated improvement "desirable and jus- tified in the public interest" for improving a waterway for the "use or benefit of interstate or foreign commerce," it shall in- 94 § 18, 41 Stat. 1073, as amended, 16 U. S. 0. 811. 95 Id. 96 § 10(c), 41 Stat. 1069, as amended, 16 U. S. 0. 803(c). 97 Id. 88 § 20, 41 Stat. 1073, 16 U. S. O. 813. 99 § 17, 41 Stat. 1072, as amended, 16 U. S. C. 810. 100 § 18, 41 Stat. 1073, as amended, 16 U. S. C. 811; Act of August 14, 1946, § 2, 60 Stat. 1080, see 16 U. S. O. 662. 101 § 4(e), 49 Stat. 840, as amended, 16 U. S. C. 797(e). Originally before amendment designated § 4(d), 41 Stat. 1065. |