Coöperation with the Federal Power Commission." In 1906 an act was passed to preserve Niagara Falls, which were considered to be in danger because water was being diverted to develop power by persons who had obtained no authority from the United States. This act prohibited any further diversions from the Niagara River for power purposes, provided for the granting of permits by the Secretary of War for diversions then in use up to a limit of 15,600 cubic feet per second, and authorized the Secretary of War under specified conditions to issue from time to time revocable permits for additional diversions." The act also recommended that negotiations be opened with Great Britain for a treaty to cover the regulation and control of the waters of the Niagara River. This was accomplished in 1910 by a treaty which provided for a total diversion on the American side of 20,000 cubic feet per second. The supervision of the water power companies to make sure they did not divert more water than their permits called for was done by the Corps of Engineers. The provisions of the act of 1906 were originally limited to three years, but they were extended from time to time by resolution of Congress until 1913, when they expired. However, the Corps of Engineers continued its jurisdiction over the water-power companies under authority of Section 10 of the river and harbor act of 1899, which made it unlawful to alter or modify the course, condition, or capacity of any harbor or channel of any navigable water in the United States unless the work had been recommended by the Chief of Engineers and authorized by the Secretary of War.

This was the only instance of supervision over water-power companies by the Corps of Engineers until 1920, when jurisdiction over the issuance of licenses for the "development, transmission, and utilization of power across, along, from, or in any of the navigable waters of the United States was placed in the newly created Federal Power Commission, composed of the Secretary of War, the Secretary of the Interior, and the Secretary of Agriculture." The supervision of water diversion and of the construction of an enlargement to one of the plants has continued to be

16 For an extended discussion on this subject see Institute for Government Research, Monograph No. 17, The Federal Power Commission.

77 34 Stat. L., 626.

done by the officer of the Corps of Engineers in charge of the Lakes Division. The supervision is done for the Federal Power Commission, and the reports, showing whether the terms of the license and permit are complied with or not, are made to it.

The act creating the Federal Power Commission provides that no water-power license affecting the navigable capacity of any navigable waters of the United States shall be issued until the plans of the dam or other structures affecting navigation have been approved by the Chief of Engineers and the Secretary of War." The law also says "the work of the commission shall be performed by and through the Departments of War, Interior and Agriculture and their engineering, technical, clerical and other personnel except as may be otherwise provided by law." This was interpreted by the Comptroller of the Treasury, in a decision rendered July 9, 1920, as meaning that the commission had no authority to make any direct employments except its executive secretary, and that the responsibility for the work of the commission rests with the Secretary of War, the Secretary of the Interior, and the Secretary of Agriculture. As the commission has no field force of its own, it has to depend on those of the three departments to make examinations of the projects applied for. Three officers of the Corps of Engineers have been assigned to the Federal Power Commission and general instructions issued to district and division engineers relative to coöperation in the field work. In such cases the costs of the investigation are paid from any funds available for the improvement, maintenance, and operation of the waterway or harbor affected, or, if no such funds are available, from any funds available for examinations, surveys, and contingencies. During the fiscal year 1922 seventy field investigations were undertaken by the Corps of Engineers at the request of the commission. Also district engineers at twenty-two localities were supervising operations under water-power permits issued by the commission.

Related Activities. The Corps of Engineers participate in two activities that are closely related to its river and harbor work. These are the superintendence of lighthouses and the representa

" Their approval of plans for dams had been necessary since 1906. See ante, page 29.

tion of the United States in the Permanent International Association of the Congresses of Navigation.

Lighthouses. The connection of the Corps of Engineers with the government's lighthouses is a lengthy one and was of importance prior to 1910. In the early years the work of the Army engineers in this field consisted of lighthouse construction. As far back as 1831 funds appropriated for lights upon the lakes were placed by the Treasury Department in the hands of officers of the engineers for disbursement. The annual report of the Chief of Enginers for 1833 mentioned four lighthouses among the internal improvements being constructed. From then until 1852 there were almost always some engineer officers engaged in the construction of lighthouses. In many instances during this period Congress when making appropriations for lighthouses directed that the construction should be in the hands of the Army engineers.

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In 1852 the Lighthouse Board was created to have entire charge, under the Secretary of the Treasury, of the construction, maintenance, superintendence, and operation of lighthouses. The board was composed of two naval officers, two civilians, and two officers from the Engineer Department, with another engineer officer and another naval officer as secretaries. The law also authorized the President to assign either a Navy or Army officer to act under the orders of the board as inspector of each of the lighthouse districts. Under this act and until 1910 officers of the Corps of Engineers served in all of the lighthouse districts. These officers, of whom there were nineteen in 1910, were practically always also in charge of a river and harbor district.

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This important service rendered by the Army engineers was greatly reduced by the creation of the Bureau of Lighthouses in 1910. The law accomplishing this provided that within three years the Army officers serving as inspectors of lighthouses should be relieved by civilian inspectors except that the President could designate Army engineers to act as inspectors in the three river districts, which include the Mississippi River and its tributaries. In addition the President may detail officers of the Corps of Engineers for consultation or to superintend the construction or repair

of any aid to navigation authorized by Congress. Pursuant to the provision of this law the Corps of Engineers has been relieved of all lighthouse work except occasional consultation since 1912 except in the three river lighthouse districts, where engineer officers still serve as inspectors or superintendents, and in Alaska, where an engineer officer still assists.

Permanent International Commission of the Congresses of Navigation. Since the first one in 1885, numerous international congresses of navigation have been held from time to time. Membership is limited to delegates representing national governments, delegates representing cities, scientific societies or other organizations, and private individuals who obtain membership by paying the required dues. Questions relating to inland or maritime navigation form the agenda of the congresses. Papers are read and profusely discussed, thus making the congresses serve as a clearing house for ideas on the improvement of navigation. Officers of the Corps of Engineers have almost always represented the United States at such conferences and on their permanent international commission. In 1922 three of the four delegates of the United States were engineer officers. A permanent appropriation of three thousand dollars a year was passed by Congress in 1902. One thousand dollars a year is contributed to the direct support of the Permanent International Commission, whose headquarters is in Brussels, and the balance may be used to pay the actual expenses of the American delegates.

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The United States Lake Survey. The work of the Corps of Engineers in surveying the northern and northwestern lakes has for its object the preparation of accurate charts for navigators. This is essentially the same work as that which is done along the Atlantic, Pacific, and Gulf coasts by the Coast and Geodetic Survey." The charts of the Lake Survey cover the Great Lakes and their connecting waters, the natural navigable waters of the New York state canals, Lake Champlain, and the Lake of the Woods

The twelfth Congress of Navigation was held at Philadelphia, May 23 to 28, 1912.

83

81

32 Stat. L., 485.

See Institute for Government Research, Monograph No. 16, The Coast and Geodetic Survey.

and its surrounding waters. While they are primarily concerned with land and water areas within the territorial limits of the United States, yet in certain cases and for special reasons the operations of the Corps of Engineers also cover waters and shore lines in Canadian territory.

Surveys on the Great Lakes by Army enginer officers were made as early as 1817. For more than twenty years after that date occasionally surveys were made of disconnected localities. These were all in connection with the improvement of various harbors or of rivers tributary to the lakes. In addition to these very few and incidental surveys, the only charts available to navigators were those of the British Admiralty compiled as the result of rapid reconnaissances. These were not in general use by the masters of American vessels, nor were they adequate to the needs of the growing commerce. There were few lighthouses or beacons to mark the dangers to navigation, and in the absence of charts, pilots were obliged to rely upon their own knowledge, which was frequently acquired through the stranding or loss of vessels. Hence the commerce on the lakes, which was then confined largely to Lake Erie and Lake Ontario, was annually attended by much loss of life and property.

These conditions led to the beginning of the Lake Survey in 1841, when an appropriation of $15,000 was made (5 Stat. L., 431)" for a hydrographic survey of the northern and northwestern lakes of the United States, to be expended under the direction of the President." Although the Coast and Geodetic Survey, then known as the Coast Survey, was engaged in doing this work along the Atlantic Coast the President did not extend its jurisdiction to include this new work, but gave it to the Corps of Topographical Engineers, which were working on river and harbor improvements along the Great Lakes. When the topographical engineers were merged with the Corps of Engineers this activity was taken over by the latter and has remained in its hands ever since.

During the first few years the headquarters of the Lake Survey was at Buffalo. After that the office was removed to Detroit, where it has remained ever since. The work begun in 1841 continued without interruption, even during the Civil War, until 1882, when the field work of the survey was completed. The final report was printed in November, 1882, leaving only the engraving,