FLOOD CONTROL MONDAY, JUNE 24, 1946 UNITED STATES SENATE, The committee met pursuant to call, at 10:30 a. m., in the committee room of the Committee on Commerce, United States Capitol, Senator John H. Overton (acting chairman), presiding. Present: Senators Overton, Robertson, Hart, McClellan, and Gossett. Also present: Senators Clyde R. Hoey and Elmer Thomas; Representatives Jane Pratt and John H. Folger. Senator OVERTON. The committee will come to order. The committee has under consideration H. R. 6597, an act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes. · (The bill is as follows:) [H. R. 6597, 79th Cong., 2d sess.] AN ACT Authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Flood Control Act of 1946". SEC. 2. That section 3 of the Act approved June 22, 1936 (Public, Numbered 738, Seventy-fourth Congress), as amended by section 2 of the Act approved June 28, 1938 (Public, Numbered 761, Seventy-fifth Congress), shall apply to all works authorized in this Act except that for any channel improvement or channel rectification project, provisions (a), (b), and (c) of section 3 of said Act of June 22, 1936, shall apply thereto, and except as otherwise provided by law: Provided, That the authorization for any flood-control project herein adopted requiring local cooperation shall expire five years from the date on which local interests are notified in writing by the War Department of the requirements of local cooperation, unless said interests shall within said time furnish assurances satisfactory to the Secretary of War that the required cooperation will be furnished. The provisions of section 1 of the Act of December 22, 1944 (Public, Numbered 534, Seventy-eighth Congress, second session), shall govern with respect to projects herein authorized; and the procedures therein set forth with respect to. plans, proposals, or reports for works of improvement for navigation or flood control and for irrigation and purposes incidental thereto shall apply as if herein set forth in full. SEC. 3. That hereafter for authorized flood-protection projects which include alterations of railroad bridges the Chief of Engineers is authorized to include at Federal expense the necessary alterations of railroad bridges and approaches in connection therewith. SEC. 4. That section 4 of the Act approved December 22, 1944 (Public, Numbered 534, Seventy-eighth Congress), is amended to read as follows: "The Chief of Engineers, under the supervision of the Secretary of War, is authorized to construct, maintain, and operate public park and recreational facilities in reservoir areas under the control of the War Department, and to permit the construction, maintenance, and operation of such facilities. The Secretary of War is authorized to grant leases of lands, including structures or facilities thereon, in reservoir areas for such periods and upon such terms as he may deem reasonable: Provided, That leases to nonprofit organizations may be granted at reduced or nominal rentals in recognition of the public service to be rendered in utilizing the leased premises: Provided further, That preference shall be given to Federal, State, or local governmental agencies, and licenses may be granted without monetary considerations, to such agencies for the use of all or any portion of a reservoir area, when the Secretary of War determines such action to be in the public interest, and for such periods of time and upon such conditions as he may find advisable. The water areas of all such reservoirs shall be open to public use generally, without charge, for boating, swimming, bathing, fishing, and other recreational purposes, and ready access to and exit from such water areas along the shores of such reservoirs shall be maintained for general public use, when such use is determined by the Secretary of War not to be contrary to the public interest, all under such rules and regulations as the Secretary of War may deem necessary. No use of any area to which this section applies shall be permitted which is inconsistent with the laws for the protection of fish and game of the State in which such area is situated. All moneys received for leases or privileges shall be deposited in the Treasury of the United States as miscellaneous receipts." SEC. 5. That section 7 of the Act approved August 18, 1941 (Public, Numbered 228, Seventy-seventh Congress), is hereby amended to read as follows: "That 75 per centum of all moneys received and deposited in the Treasury of the United States during any fiscal year on account of the leasing of lands acquired by the United States for flood-control purposes shall be paid at the end of such year by the Secretary of the Treasury to the State in which such property is situated, to be expended as the State legislature may prescribe for the benefit of public schools and public roads of the county, or counties, in which such property is situated: Provided, That when such property is situated in more than one State or county, the distributive share to each from the proceeds of such property shall be proportional to its area therein." SEC. 6. That the Secretary of War is hereby authorized and empowered, under such terms and conditions as are deemed advisable by him, to grant easements for rights-of-way over, across, in, and upon lands under his control, to any State, political subdivision thereof, or municipality, or to any individual, partnership, or corporation of any State, Territory, or possession of the United States, for (a) railroad tracks; (b) oil pipe lines; (c) substations for electric power transmission lines, telephone lines, and telegraph lines, and pumping stations for gas, water, sewer, and oil pipe lines; (d) canals; (e) ditches; (f) flumes; (g) tunnels; (h) dams and reservoirs in connection with fish and wildlife programs, fish hatcheries, and other fish-cultural improvements; (i) roads and streets; and (j) for any other purpose or purposes deemed advisable by the Secretary of War: Provided, That such rights-of-way shall be granted only upon a finding by the Secretary of War that the same will not be incompatible with the public interest: Provided further, That such rights-of-way shall not include any more land than is reasonably necessary for the purpose for which granted: And provided further, That all or any part of such rights-of-way may be annulled and forfeited by the Secretary of War for failure to comply with the terms and conditions of any grant hereunder or for nonuse for a period of two consecutive years or abandonment of rights granted under authority hereof. SEC. 7. That the Secretary of War is authorized and empowered, in his discretion, to use any property or parts thereof, including lands and improvements, under his control and jurisdiction for the prosecution of any authorized civil work or function administered by the War Department without charge, except usual handling charges, against appropriations for such civil works or functions. SEC. 8. Whenever the Chief of Engineers shall find that any highway, railway, or utility has been or is being damaged or destroyed by reason of the operation of any dam or reservoir project under the control of the War Department, he may utilize any funds available for the construction, maintenance, or operation of the project involved for the repair, relocation, restoration, or protection of such highway, railway, or utility: Provided, That this section shall not apply to highways, railways, and utilities previously provided for by the War Department, unless the Chief of Engineers determines that the actual damage has or will exceed that for which provision had previously been made. SEC. 9. That the following works of improvement for the benefit of navigation and the control of destructive floodwaters and other purposes are hereby adopted and authorized to be prosecuted under the direction of the Secretary of War and the supervision of the Chief of Engineers in accordance with the plans in the respective reports hereinafter designated and subject to the conditions set forth therein: Provided, That the necessary plans, specifications, and preliminary work may be prosecuted on any project authorized in this Act with funds from appropriations heretofore or hereafter made for flood control so as to be ready for rapid inauguration of a construction program: Provided further, That the projects authorized herein shall be initiated as expeditiously and prosecuted as vigorously as may be consistent with budgetary requirements: And provided further, That penstocks and other similar facilities adapted to possible future use in the development of hydroelectric power shall be installed in any dam authorized in this Act for construction by the War Department when approved by the Secretary of War on the recommendation of the Chief of Engineers and the Federal Power Commission: DELAWARE RIVER BASIN The project for flood protection on the Lehigh River, Pennsylvania, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 587, Seventy-ninth Congress, second session, at an estimated cost of $12,471,000. POTOMAC RIVER BASIN The local flood-protection project at Cumberland and West Cumberland, Maryland, and Ridgeley, West Virginia, authorized in the Flood Control Act approved June 22, 1936 (Public, Numbered 738, Seventy-fourth Congress), is hereby amended to provide for completion of the project substantially in accordance with plans on file in the Office of the Chief of Engineers at an estimated cost to the United States of $7,420,000 and subject to the conditions of local cooperation prescribed for that project in the Act approved June 22, 1936, as modified, now estimated at $1,520,000. The project for flood protection at Waynesboro, Virginia, on South River is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 622, Seventy-ninth Congress, second session, at an estimated cost of $1,431,000. The project for protection at Washington, District of Columbia, on Potomac River, authorized by the Act of June 22, 1936, is hereby modified substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 622, Seventy-ninth Congress, second session, at an estimated cost of $500,000. Completion of the Savage River Dam on Savage River, Maryland, is hereby authorized substantially in accordance with the plan contained in House Document Numbered 622, Seventy-ninth Congress, second session, at a cost to the United States now estimated at $1,900,000, subject to the conditions that local interests make a cash contribution of $200,000 toward the cost of the work, and agree to hold and save the United States free from damages due to the construction works, and to maintain and operate all the works after completion in accordance with regulations prescribed by the Secretary of War. RAPPAHANNOCK RIVER BASIN The project for the Salem Church Reservoir on Rappahannock River, Virginia, is hereby authorized substantially in accordance with the recommendations of the Chief Engineers in his report dated April 8, 1946, at an estimated cost of $17,755,000. JAMES RIVER BASIN The project for the Gathright Reservoir and the Falling Spring reregulating dam on Jackson River, Virginia, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in his report dated April 18, 1946, at an estimated cost of $11,000,000. ALTAMAHA RIVER BASIN The project for flood protection at Macon, Georgia, on Ocmulgee River, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 560, Seventy-ninth Congress, second session, at an estimated cost of $349,000. LOWER MISSISSIPPI RIVER The project for flood control and improvement of the Lower Mississippi River adopted by the Act approved May 15, 1928, as amended by subsequent Acts, is hereby modified and expanded to include the folowing items and the authorization for said project is increased accordingly: (a) Improvement of the Boeuf and Tensas Rivers and Bayou Macon at an estimated cost of $5,013,000 authorized in the Act approved December 22, 1944. (b) Extension of the authorized improvement under subparagraph (a) to include the improvement of Bayou LaFourche, Louisiana, including cut-offs, as may be found requisite to effectuate the purposes of the plan, at an estimated cost of $5,913,000 and substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 191, Seventy-ninth Congress, second session. (c) Extension of the authorized improvement under subparagraph (a) to include the improvement of the Boeuf and Tensas Rivers and Bayou Macon north of the Louisiana State line, including cut-offs, as may be found requisite to effectuate the purposes of the plan, at an estimated cost of $4,930,000 substantially in accordance with the report of the Chief of Engineers dated April 8, 1946. (d) Improvement of Big Sunflower, Little Sunflower, Hushpuckena, and Quiver Rivers and their tributaries, and on Hull Brake-Mill Creek Canal, Bogue Phalia, Ditchlow Bayou, Deer Creek, and Steele Bayou, Mississippi, at an estimated cost of $3,752,000 authorized in the Act approved December 22, 1944. (e) Extension of the authorized improvement under subparagraph (d) upstream and downstream, including cutoffs, as may be found requisite to effectuate the purposes of the plan, at an estimated cost of $2,500,000 for modification of the authorized project. (f) Extension of the authorized headwater project for the Yazoo River and tributaries to include improvements in the area between the Yazoo-TallahatchieColdwater River System and the hills to protect against overflows from the main stem and hill tributaries in such cases and by such means as the Chief of Engineers may consider warranted, at an estimated cost of $7,500,000 for modification of the authorized project. (g) Extension of the authorized headwater project for the Yazoo River and tributaries to include the drainage of run-off waters from the watershed of McKinney Bayou or the providing of pumping capacity additional to that now existing for said waters in the proportion determined by the Chief of Engineers are authorized in the discretion of the Chief of Engineers at an estimated cost of $300,000 for modification of the authorized project. (h) The Bayou des Glaises diversion channel, Louisiana, authorized by and constructed under the Act approved June 22, 1936. (i) That portion of the North Little Rock to Gillette, Arkansas, levee on the north bank of the Arkansas River along and below Plum Bayou authorized by and constructed under the Act approved June 22, 1936, work thereon to be hereafter prosecuted in accordance with the Act of May 15, 1928, as amended. (j) The projects for local flood protection on the White River, on the east side between Augusta and Clarendon, Arkansas, and at the town of DeValls Bluff, Arkansas, at an estimated cost of $2,847,500 authorized by the Act approved August 18, 1941. (k) The Tiptonville-Obion Levee authorized by and constructed under the Act approved June 22, 1936. (1) Extension of the levee under subparagraph (k) to include the levee and drainage improvements, at an estimated cost of $6,000,000 substantially in accordance with the report of the Chief of Engineers dated April 16, 1946. (m) The improvement of Saint John's Bayou, Missouri, at an estimated cost of $1,300,000, substantially in accordance with the report of the Chief of Engineers, dated April 16, 1946. (n) The improvement of the harbor at Memphis, Tennessee, at an estimated cost of $17,120,000, substantially in accordance with the report of the Chief of Engineers dated April 12, 1946. (0) Modification of the main line levee system of the authorized project for the lower Mississippi River to include protection of the potential industrial area immediately north of Vicksburg, Mississippi, known as the Vicksburg-Yazoo area together with local dredging and the construction of such drainage facilities as in the opinion of the Chief of Engineers are requisite and justified, at an estimated cost of $4,000,000, subject to the conditions that local interests provide without cost to the United States all rights-of-way required for levees and drainage, and maintain and operate the works after completion. (p) Mcdification of the authorized project for the Lower Mississippi River to provide drainage in the discretion of the Chief of Engineers where drainage is impaired by levees hitherto or hereafter constructed, at an estimated cost of $500,000, subject to the conditions that local interests provide without cost to the United States all rights-of-way and maintain and operate the works after completion. (q) Modification of the authorized project for the Lower Mississippi River to provide that the local cooperation to be hereafter furnished for the works authorized in the Saint Francis River Basin and the Yazoo River Basin shall consist of the requirement that responsible local interests agree to maintain leves in accordance with the provisions of section 3 of the Act of May 15, 1928, where maintenance is required under existing law. (r) Any former officer of the Corps of Engineers who, after retirement and recall to active duty in the Army, has served over fifteen years as a member of the Mississippi River Commission while on such active duty shall, upon being relieved of such active duty, be eligible to and shall retain, during the will of the President, the position and office held by him as a member of the Mississippi River Commission. In order to provide for the increased costs of construction of the authorized project for the Lower Mississippi River as recommended by the president of the Mississippi River Commission and the Chief of Engineers, the authorization for flood control and improvement of the Lower Mississippi River is hereby increased by an additional $100,000,000. The project for flood control along Lake Pontchartrain in Jefferson Parish, Louisiana, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in his report dated December 10, 1945, at an setimated cost of $900,000. The project for flood protection at Memphis on Wolf River and Nonconnah Creek, Tennessee, authorized by the Act approved August 28, 1937 (Public, Numbered 406, Seventy-fifth Congress), as amended by the Act approved June 28, 1939 (Public, Numbered 154, Seventy-sixth Congress), is further amended to authorize the completion of the project at an additional estimated cost of $1,500,000. RED-OUACHITA RIVER BASIN The project for flood protection on Bayou Pierre in the vicinity of Shreveport, Louisiana, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 285, Seventy-ninth Congress, first session, at an estimated cost of $127,000. The general plan for flood control on Red River, Texas, Oklahoma, Arkansas, and Louisiana, below Denison Dam, Texas and Oklahoma, including the incorporation therein of the several separate existing projects for flood control along the Red River below Denison (above the jurisdiction of the Mississippi River Commission) and providing for the modification of the existing or authorized Federal and non-Federal levees, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 602, Seventy-ninth Congress, second session, at an estimated cost of $77,500,000. ARKANSAS RIVER BASIN In addition to previous authorizations, there is hereby authorized to be appropriated the sum of $40,000,000 for the prosecution of the comprehensive plan for the Arkansas River Basin, approved in the Act of June 28, 1938, as amended and supplemented by subsequent Acts of Congress. The project for flood protection at Oklahoma City, Oklahoma, on North Canadian River, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 572, Seventy-ninth Congress, second session, at an estimated cost of $2,037,000. |