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Show 281 legislation for navigation, flood-control and reclamation under- takings, the duty of the Commission correspondingly increases in importance. Yet the relevance of this duty to a definition of the respective spheres of federal and nonfederal power de- velopment is limited by the fact that it is merely a part of the Commission's administration of the licensing provisions of the Act, a purpose of which was the encouragement of nonfederal development, as already noted.126 If the Commission finds that any government dam may be "advantageously used by the United States for public purposes in addition to navigation, no license therefor" may be issued until two years after it reports the relevant facts to Congress.127 Here again, no record has been found of Commission action taken pursuant to this requirement. In this connection, it will be remembered that the Commission is specifically authorized to collect data showing whether power from "Government dams can be used advantageously by the United States for its public purposes," and what is the fair value of such power.128 Preferences.-In issuing preliminary permits or licenses, the Commission must give preference to applications by states and "municipalities," defined by the Act to include cities, counties, irrigation districts, drainage districts, or other political sub- divisions or agencies of a state competent under the laws Power Authority of the State of New York, Project No. 2000, 15 F. R. 946 (1950). In the case of the Clark Hill project on the Savannah River, the Commission in 1928 granted a license for nonfederal development, which was surrendered with Commission consent in 1932. In 1939, the Commission directed a letter to the President recommending early federal construction of the project. Subsequently and after congressional authorization of fed- eral construction and appropriation of funds, the Commission dismissed an application for nonfederal development, an action affirmed on judicial review. Savannah River Electric Go. v. Federal Power Commission, 164 F. 2d 408 (C. A. 4,1947). See also Re White River Power Co., 6 F. P. C. 734 (1947). 126 See supra, p. 273. 127 § 4(e), 49 Stat. 840, 16 U. S. C. 797(e). Originally before amendment designated § 4(d), 41 Stat. 1065. This provision does not apply to dams constructed prior to June 10, 1920. A "Government dam" means a dam or other work constructed or owned by the United States for government pur- poses with or without contribution from others. § 3, 41 Stat. 1063, as amended, 16 U. S. C. 796(10). 128 See supra, p. 274. |