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Show 397 The 1910 and 1912 Acts also include other currently effective provisions relevant here. First, the 1910 River and Harbor Act inaugurated a requirement that surveys must include "such stream-flow measurements and other investigations of the watersheds as may be necessary for preparation of plans of improvement and a proper consideration of all uses of the stream affecting navigation."42 And whenever permission for construction of dams in navigable streams is granted or is under consideration by Congress, this statute permits such Army Engineer surveys an^d investigations of the streams affected as "are necessary to secure conformity with rational plans for the improvement of the streams for navigation."43 Second, the subjects to be studied, that is, to terminals, power development, and "other subjects" connected with the project-or whether it applies merely to the "other subjects." The paragraphing of the 1909 and 1910 Acts seems to suggest that it applies to all three, whereas that of the 1912 and 1913 Acts seems to suggest that it applies only to the "other subjects." None of the committee reports on any of the four Acts sheds light on the question. Only two of these reports mention the survey provisions at all, and neither of them deals with this question. H. Rep. No. 436, 61st Cong., 2d sess. (1910) says, with regard to the 1910 Act: "The terms of the pro- vision are in the usual form, and is intended to extend somewhat the scope of such surveys and investigations considered desirable and necessary in framing and executing proper plans for the improvement of navigable rivers, and also to secure the information necessary for intelligent action on applications for the construction of dams in navigable streams." p. 24. This language may mean that information on power development was to be obtained for its own sake and not merely as an incident to navigation improvement. The Federal Power Commission, with its authority to make investigations concerning the utilization of water resources, had not yet been created. See infra, pp. 406-408. H. Eep. No. 395,62d Cong., 2d sess. (1912) refers to the provision of the 1912 Act as it relates to terminals, saying: "the bill extends somewhat the scope of the investigations heretofore required of the engineers in preliminary and other examinations and reports thereon. Among these are inquiries into both private and public termi- nals." P. 4. In any event, under the 1913 Act the Army Engineers must limit the investigation of at least the "other subjects"-those other than navigation works, terminals, and power development-to their relation to navigation improvements and "to the development and regulation of commerce." Cf. the limitation of the "308 Reports" mentioned, infra, pp. 408-409. **Act of June 25, 1910, § 3, 36 Stat. 630, 668, 33 U. S. C. 546. 43 Id. |