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Show 630 The Federal Power Act has been construed as revoking the authority of the respective Secretaries to issue permits to the extent of the authority granted the Federal Power Commis- sion, and to revoke as well the authority of the Secretaries to approve the transfer of permits issued prior to the passage of the Act.738 It should also be noted that the Commission in 1941 held that transmission lines which are not "primary lines transmitting power from the power house or appurtenant works of a project to a point of junction with the distribution system or with the interconnected primary transmission sys- tem as set forth in section 3 (11) of the Act are not within the licensing authority of the Commission," but within the authority of the respective department heads.739 The authority of the Commission extends to all hydroelec- tric plants on the public lands, and thus the use of hydro- electric power sites cannot be obtained from the respective departments, leaving certain lines and the use of land for non- hydro plants under the jurisdiction of the departments.740 This distinction in law between the jurisdiction of the Fed- eral Power Commission and that of the departments does not, however, always make for a realistic distinction in fact-for in some situations the details of a proposed transmission line may be altered alternatively to permit application to be made to the Secretary of the Interior or the Federal Power Commission, whichever a proposed applicant feels may suit his purposes better.741 738 32 Ops. Att'y Gen. 525 (1921) ; 43 C. F. R. 245.2. 78918 O. F. R. 2.2; §3(11) is set forth as 16 U. S. 0. 796(11) ; cf. 18 C. F. R. 4.75. 740 See 43 O. F. R. 245.2. See also supra, n. 101, p. 277. 741 See, e. g., Application of the Idaho Power Company for amendment to its authorization for a license for the Bliss Project to include two trans- mission lines in lieu of prior application for permits to the Secretary of the Interior. Re Idaho Power Company, Project No. 1975, October 13, 1949, Order superseding order authorizing issuance of license (major). Re Idaho Power Company, Project No. 1975, January 18, 1950, Order modifying order of October 13, 1949, authorizing issuance of license (major). Idaho Power Co. v. Federal Power Commission, Case No. 10,530 (C. A. D. C, 1950). It should also be noted that the Secretary of the Army has authority to grant easements for rights-of-way in acquired lands under his control and in public lands permanently withdrawn or reserved for uses of the |