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Show 280 require licensing of a project constructed in navigable waters before enactment of the statute.117 In issuing a license for a "minor part" of a complete project, undefined in the Act, or for a complete project of not more than 100 horsepower installed capacity, the Commission has discretion to waive the conditions required by the Act, except the license period of 50 years.118 Specific provisions protect permits and grants obtained prior to the Act's passage.119 Moreover, as already noted, Congress stipulated that the Act shall not be construed as interfering with certain state laws relating to water.120 Under the Act, provision is made for a mandatory preference which is especially important in any contest between plans for nonfederal development and plans for federal development.121 For if in the judgment of the Commission the "development of any water resources for public purposes" should be undertaken by the United States, it is directed not to approve any applica- tion for "any project affecting such development."122 In such case, it must prepare certain data and submit its findings to Congress with recommendations concerning the proposed de- velopment.123 While the Commission has joined the Army Engineers in certain recommendations relating to federal navi- gation and flood-control projects,124 no record has been found of Commission action taken directly pursuant to the foregoing requirements.125 With the widening of federal interest under 117 Pennsylvania Water & Power Co. v. Federal Power Commission, 123 F. 2d 155,163 (1941), cert, den., 315 U. S. 806 (1942). 118 § 10(i), 41 Stat. 1070, as amended, 16 U. S. O. 803(i). This authority does not extend to annual charges for use of lands within Indian reservations. 119 See supra, pp. 262-267. 120 §27, 41 Stat. 1077, 16 U. S. O. 821; First Iowa Hydro-Electric Co- operative v. Federal Power Commission, 328 U. S. 152, 170 (1946). 121 Recent examples of such a contest will be discussed infra, pp. 439-442. 122 § 7,41 Stat. 1067, as amended, 16 U. S. C. 800. 123 Id. 124 See supra, n. 162, p. 103, and p. 141. 125 But presently pending for Commission action are exceptions filed to a decision by a Presiding Examiner on December 19, 1949, ordering that an application for nonfederal development of the International Rapids Section of the St. Lawrence River be not approved, and that the matter be submitted to Congress with a recommendation for federal development. Re The |