34 Stat. 84. 33 U. S. C. §§ 491498. August 18, 1941 [H. R. 4911] [Public Law 228] Flood control, etc. Jurisdiction over Federal activities. State, etc., cooperation. Stat. 1215. 33 U. S. C. § 701c. Provisos. 1417. cooperation; time limitation. points suitable to the interest of navigation, one at Bluff City, Giles County, Virginia, and the other at Eggleston, Giles County, Virginia, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters", approved March 23, 1906, and subject to the conditions and limitations contained in this Act. SEC. 2. That the right to alter, amend, or repeal this Act is hereby expressly reserved. 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 hereafter Federal investigations and improvements of rivers and other waterways for flood control and allied purposes shall be under the jurisdiction of and shall be prosecuted by the War Department under the direction of the Secretary of War and supervision of the Chief of Engineers, and Federal investigations of watersheds and measures for run-off and waterflow retardation and soil-erosion prevention on watersheds shall be under the jurisdiction of and shall be prosecuted by the Department of Agriculture under the direction of the Secretary of Agriculture, except as otherwise provided by Act of Congress. SEO. 2. That section 3 of the Act approved June 22, 1936 (Public, 49 Stat. 1571; 52 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 third proviso of section 1 of the Flood 50 Stat. 877; 53 Stat. Control Act approved August 28, 1937 (Public, Numbered 406, 75th Congress) and all of section 8 of the Flood Control Act approved August 11, 1939, (Public, Numbered 396, 76th Congress) are hereby Assurances of local repealed: Provided further, That the authorization for any floodcontrol project heretofore or herein adopted requiring local cooperation shall expire five years from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 when total authoriza required cooperation will be furnished: And provided further, That in any case where the total authorization for a project heretofore or hereafter authorized by Congress is not sufficient to complete plans that may have been made the Chief of Engineers is authorized in his discretion to plan and make expenditures on preparations for the project, such as the purchase of lands, easements, and rights-ofway; readjustments of roads, railroads, and other utilities; removal of towns, cemeteries, and dwellings from reservoir sites; and the conConstruction of struction of foundations. The Chief of Engineers is also authorized in his discretion to modify the plan for any dam or other work heretofore or hereafter authorized so that such dam or work will be smaller than originally planned with a view to completing a useful improvement within an authorization: Provided, That the smaller structure shall be located on the chosen site so that it will be feasible at some future time to enlarge the work in order to permit tion insufficient. smaller dams. Location. the full utilization of the site for all purposes of conservation such as flood control, navigation, reclamation, the development of hydroelectric power, and the abatement of pollution. Projects adopted SEC. 3. That the following works of improvement for the benefit of navigation and the control of destructive floodwaters and other and authorized. purposes are hereby adopted and authorized in the interest of national security and the stabilization of employment, and shall be prosecuted as speedily as may be consistent with budgetary requirements, 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 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 War upon the recommendation of the Chief of Engineers and of the Federal Power Commission: CONNECTICUT RIVER BASIN Proviso. Local protection works, etc. Additional appro-. 52 Stat. 1216. In addition to previous authorizations, there is hereby authorized to be appropriated the sum of $6,000,000 for local protection works and $10,000,000 for reservoirs for the prosecution of the comprehen- priations authorized. sive plan approved in the Act of June 28, 1938, for the Connecticut River Basin, and such comprehensive plan is hereby modified to include the works recommended by the Chief of Engineers in House Document Numbered 653, Seventy-sixth Congress, third session, and House Document Numbered 724, Seventy-sixth Congress, third session, with such further modifications as may be found justifiable in the discretion of the Secretary of War and the Chief of Engineers. The Secretary of War is authorized to reimburse the city of Hartford, Connecticut, the sum of $252,000 heretofore contributed to the United States by said city for the realignment of the South Meadows section of the flood-protection works in accordance with the plans contained in House Document Numbered 653, Seventysixth Congress, third session: Provided, That there shall be deducted from the aforementioned sum any reimbursement which may be made to said city pursuant to the provisions of section 1 of the War Department Civil Appropriation Act, 1938, approved July 19, 1937. THAMES RIVER BASIN The plan for a system of reservoirs and channel improvements in the Thames River Basin, Connecticut, Rhode Island, and Massachusetts, in accordance with the recommendation of the Chief of Engineers in House Document Numbered 885, Seventy-sixth Congress, third session, is approved, and there is hereby authorized $6,000,000 for initiation and partial accomplishment of the project. PAWTUXET RIVER BASIN The project for local flood protection on the North Branch of Pawtuxet River at Clyde, Rhode Island, and for the Pontiac diversion is hereby authorized to be constructed substantially in accordance with the recommendation of the Chief of Engineers in House Document Numbered 747, Seventy-sixth Congress, third session, at an estimated cost of $1,320,000. HUDSON RIVER BASIN The projects adopted by the Act of June 22, 1936, to provide for local flood-protection works in the Hoosic River Basin at North Adams in Massachusetts; at Hoosick Falls, New York, and at Ben Hartford, Conn., reimbursement. Proviso. 50 Stat. 515. Appropriation authorized. Hoosic River, Mass., N. Y., and Vt. 49 Stat. 1572. Mass. Inclusion of Adams, nington, Vermont, are hereby modified and extended to include the town of Adams, Massachusetts, in accordance with the recommendation of the Chief of Engineers in House Document Numbered 182, Seventy-sixth Congress, first session, and are authorized to be constructed substantially in accordance with said recommendation at an estimated cost of $2,170,000. Winooski River, Waterbury, Vt. Otter Creek, Rutland, Vt. 49 Stat. 1572. Lancaster, N. Y. Sunbury, Pa. 49 Stat. 1573. Lackawanna River. Stillwater Reservoir, Pa. 49 Stat. 1573. Rancocas Creek, Mount Holly, N. J. LAKE CHAMPLAIN BASIN The project for local flood protection on the Winooski River at Waterbury, Vermont, is hereby authorized to be constructed substantially in accordance with the recommendation of the Chief of Engineers in House Document Numbered 656, Seventy-sixth Congress, third session, at an estimated cost of $880,000. The project adopted by the Act of June 22, 1936, to provide for local flood-protection works on Otter Creek at Rutland, Vermont, is hereby modified in accordance with the recommendation of the Chief of Engineers in Senate Document Numbered 171, Seventysixth Congress, third session, and is authorized to be constructed substantially in accordance with said recommendation at an estimated cost of $308,000. OSWEGO RIVER BASIN The projects for flood control and other purposes at Canandaigua, Keuka, and Owasco Lakes, and at Hammondsport, Watkins Glen, Montour Falls, Ithaca, and Syracuse, New York, are hereby authorized to be constructed substantially in accordance with the recommendation of the Chief of Engineers in House Document Numbered 846, Seventy-sixth Congress, third session, at an estimated cost of $3,220,000. BUFFALO RIVER BASIN The project for local flood protection on Cayuga Creek at Lancaster, New York, is hereby authorized to be constructed substantially in accordance with the recommendation of the Chief of Engineers in House Document Numbered 326, Seventy-seventh Congress, first session, at an estimated cost of $575,000. SUSQUEHANNA RIVER BASIN The project adopted by the Act of June 22, 1936, to provide for local flood-protection works on the Susquehanna River at Sunbury, Pennsylvania, is hereby modified in accordance with the recommendation of the Chief of Engineers in House Document Numbered 366, Seventy-sixth Congress, first session, and is authorized to be constructed substantially in accordance with said recommendation at an estimated cost of $1,900,000. The project for flood control in the Susquehanna River Basin in southern New York and eastern Pennsylvania adopted by the Act of June 22, 1936, is hereby modified to include and authorize the construction of the Stillwater Reservoir on the Lackawanna River, Pennsylvania, for flood control and other purposes in accordance with plans now in the Office of the Chief of Engineers at an estimated cost to the United States of $2,420,000. DELAWARE RIVER BASIN The project for local flood protection on Rancocas Creek in the vicinity of Mount Holly, New Jersey, is hereby authorized to be constructed substantially in accordance with the recommendation of the Chief of Engineers in House Document Numbered 128, Seventyseventh Congress, first session, at an estimated cost of $300,000. NEUSE RIVER BASIN The project for local flood protection on the Neuse River in the vicinity of Goldsboro, North Carolina, is hereby authorized to be constructed substantially in accordance with the recommendation of the Chief of Engineers in House Document Numbered 327, Seventy-seventh Congress, first session, at an estimated cost of $40,000. MOBILE RIVER BASIN The project for local flood protection at Prattville, Alabama, on Autauga Creek, a tributary of the Alabama-Coosa River, is hereby authorized to be constructed substantially in accordance with the recommendation of the Chief of Engineers in House Document Numbered 657, Seventy-sixth Congress, third session, at an estimated cost of $530,000. Goldsboro, N. C. Autauga Creek, Prattville, Ala. Etowah River. Allatoona Reservoir, The plan for the Allatoona Reservoir on the Etowah River in the Coosa River Basin, Georgia, for flood control and other purposes in Ga. accordance with the recommendation of the Chief of Engineers in House Document Numbered 674, Seventy-sixth Congress, third session, is approved and there is hereby authorized $3,000,000 for initiation and partial accomplishment of the project. The project for flood control on the Tombigbee River authorized by the Act of June 22, 1936, is hereby modified to provide for additional channel improvements and related works for flood control for the Tombigbee River and tributaries above the mouth of and including the Noxubee River in accordance with plans approved by the Chief of Engineers at an estimated cost of $150,000. BAYOU TECHE AND VERMILION RIVER The project for the improvement of Bayou Teche and the Vermilion River, Louisiana, is hereby authorized to be constructed substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 93, Seventy-seventh Congress, first session, at an estimated cost of $1,390,000. MERMENTAU RIVER BASIN The project for the improvement of the Mermentau River in Louisiana for flood control is hereby authorized to be constructed substantially in accordance with the recommendations of the Chief of Engineers in Senate Document Numbered 94, Seventy-seventh Congress, first session, at an estimated cost of $970,000. COLORADO RIVER BASIN (TEXAS) The plan for improvement of the Lower Colorado River, Texas, for flood control in accordance with the recommendation of the Chief of Engineers in House Document Numbered 312, Seventy-sixth Congress, first session, is approved and there is hereby authorized $6,500,000 for the construction of the project. The plan for San Angelo Reservoir for flood control and other purposes on the North Concho River, Texas, and for local floodprotection works at San Angelo, Texas, in accordance with the recommendation of the Chief of Engineers in House Document Numbered 315, Seventy-sixth Congress, first session, is approved and there is hereby authorized $2,000,000 for initiation and partial accomplishment of the project. The plan for Hords Creek Reservoir and for enlargement of the existing Lake Brownwood Reservoir for flood control and other purposes on Pecan Bayou and its tributaries in Texas, in accordance with 278941°-42-PT. I-41 Appropriation authorized. Tombigbee River. 49 Stat. 1570, 1575. the recommendation of the Chief of Engineers in House Document Appropriations Numbered 370, Seventy-sixth Congress, first session, is approved and there is hereby authorized $1,400,000 for initiation and partial accomplishment of the project, including $460,000 for the Hords Creek Reservoir. authorized. Brady, Tex. Whitney Reservoir, Tex. The project for local flood protection on Brady Creek at Brady, Texas, is hereby authorized to be constructed substantially in accordance with the recommendation of the Chief of Engineers in House Document Numbered 441, Seventy-sixth Congress, first session, at an estimated cost of $825,000. BRAZOS RIVER BASIN The plan for Whitney Reservoir on the Brazos River in Texas, for flood control and other purposes in accordance with the recommendation of the Chief of Engineers in House Document Numbered 390, Appropriation Seventy-sixth Congress, first session, is approved and there is hereby authorized $5,000,000 for the initiation and partial accomplishment of the project. authorized. Modification. 45 Stat. 534; 49 Stat. 1508; 50 Stat. 876; 52 33 U. S. C. § 7028 Stat. 1220. 702m. Levees in Basin. LOWER MISSISSIPPI RIVER The project for flood control of the Lower Mississippi River adopted by the Act of May 15, 1928, as amended by the Act of June 15, 1936, as amended by the Acts of August 28, 1937, and June 28, 1938, is hereby modified and, as modified, is hereby authorized and adopted, and the Flood Control Act of June 15, 1936, as amended, is amended as follows: (a) The existing engineering plan for flood control in the alluvial valley of the Mississippi River is hereby modified so as to provide for the construction of plan 4 as set forth in the report of the Mississippi River Commission, dated March 7, 1941, to the Chief of EngiYazoo neers, except that the levees in the Yazoo Basin on the east bank of the Mississippi River south of the Coahoma-Bolivar County line in said plan shall have a three-foot freeboard over the project flood, and all levees shall be constructed with adequate section and foundation Projects abandoned. to conform to increased levee heights. The Boeuf Floodway in the project adopted by the Act of May 15, 1928, and the Eudora Floodway as well as the Northward Extension and the back protection levee extending from the head of the said Eudora Floodway north to the Arkansas River in the project adopted by the Act of June 15, 1936, as amended, are hereby abandoned, and the provisions of said Acts relating to the prosecution of work on said floodways and extension are hereby repealed. 45 Stat. 534. 49 Stat. 1511. 33 U. S. C. §§ 702a-2 to 702a-11. Yazoo River. 49 Stat. Stat. 1215. 1509; 52 33 U. S. C. §§ 702j-1, 701c-1. Substitutions. Levee extension. (b) The project for flood control of the Yazoo River shall be as authorized by the Flood Control Act approved June 15, 1936, as amended by section 2 of the Act approved June 28, 1938, except that the Chief of Engineers may, in his discretion, from time to time, substitute therefor combinations of reservoirs, levees, and channel improvements; and except that the extension of the authorized project and improvements contemplated in plan C of the report of March 7, 1941, of the Mississippi River Commission are authorized, including the extension of the levee on the east bank of the Mississippi River generally along the west bank of the Yazoo River to a connection in the vicinity of Yazoo City with the Yazoo River levee, authorized by the existing project for protection against headwater floods of the Adjustment of Yazoo River system, and the adjustment in the discretion of the Chief grades of existing levees. of Engineers of the grades of the existing levees in the backwater area on the east bank of Yazoo River below Yazoo City, all at an estimated additional cost of $11,982,000: Provided, That the Chief of Engineers shall fix the grade of the extension levees along the Yazoo River, with Provisos. Grade of extensions. |