Penstocks or other similar facilities adapted to possible future use in the development of hydroelectric power shall be installed in any dam herein authorized when approved by the Secretary of the Army upon the recommendation of the Chief of Engineers and of the Secretary of Energy. (June 28, 1938, ch. 795, § 4, 52 Stat. 1216 ; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501 ; Pub. L. 95–91, title III, § 301(b) , Aug. 4, 1977 , 91 Stat. 578 .) Editorial Notes References in Text Herein, referred to in text, means act June 28, 1938, ch. 795, 52 Stat. 1215 , popularly known as the Flood Control Act of June 28, 1938 , which to the extent classified to the Code enacted sections 701b, 701b–1, 701b–2, 701c–1, 701f–1, 701i, 701j, 702a–1½, 702a–11, and 706 of this title. For complete classification of this Act to the Code, see Tables. Statutory Notes and Related Subsidiaries Change of Name Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501 . Section 205(a) of act July 26, 1947 , was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641 . Section 1 of act Aug. 10, 1956 , enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. Transfer of Functions “Secretary of Energy” substituted in text for “Federal Power Commission” on authority of Pub. L. 95–91, title III, § 301(b) , which is classified to section 7151(b) of Title 42 , The Public Health and Welfare. Similar Provisions Similar provisions with reference to dams authorized in such acts were contained in acts Aug. 18, 1941, ch. 377, § 3, 55 Stat. 639 ; Dec. 22, 1944, ch. 665, § 10, 58 Stat. 891 ; July 24, 1946, ch. 596, § 10, 60 Stat. 643 . Executive Documents Transfer of Functions For transfer of functions of Federal Power Commission, with certain reservations, to chairman of such Commission, see Reorg. Plan No. 9 of 1950, §§ 1, 2, eff. May 24, 1950 , 15 F.R. 3175 , 64 Stat. 1265 , set out in the Appendix to Title 5 , Government Organization and Employees.