Likewise, you will find on page 16, beginning at line 14, that there is a provision authorizing an additional sum of $5,000,000 as an emergency fund for the purposes set forth in section 9 of Public Law No. 678, Seventy-fourth Congress, approved June 15, 1936. Insofar as I have been able to determine, there is no formal report from the Army engineers setting forth the need for this additional $5,000,000 appropriation. Once again it is merely a matter of congressional policy. Likewise, beginning at line 18, is the authorization for the lower Mississippi River project of an additional $200,000,000. There is no formal report from the Army engineers on this item.

I want to point out to the committee that I am in favor of all of these provisions, but I cannot subscribe to a theory which would write in that sort of language and then exclude on a technicality an authorization such as is contemplated by S. 1547. The language to which I have called your attention and the question of including the Orleans Parish levees in the Federal project stand on the same bottom, namely, the policy of Congress with reference to such questions.

Again I point out, Mr. Chairman, that these levees constructed in front of New Orleans actually, so far as I am able to determine, exceed in section those constructed by the Army engineers.

Senator MCCLELLAN. They are equivalent in grade, section, and strength to the other main line levees?

Senator LONG. That is right. In fact, I believe they even exceed the main line levees of the Mississippi generally.

Senator McCLELLAN. Has this bill been referred to the War Department?

The CLERK. Yes, sir.

Senator MCCLELLAN. Do you have a report back? Do you have a report on it, Colonel?

Colonel GEE. I have a letter here from the Secretary of the Army with reference to this bill which has not yet cleared the Bureau of the Budget. I would be very glad to read it at this time, if you wish. Senator MCCLELLAN. You have to submit it to the Budget, do you not, Colonel!

Colonel GEE. Yes, sir. The Budget has not commented on the letter so far.

Senator MCCLELLAN. You have not mailed the letter yet? The letter has not been transmitted yet?

Colonel GEE. It will not be dispatched to the committee chairman by the Secretary of the Army until such time as the comments of the Bureau of the Budget are obtained. However, by way of indicating to the committee the attitude of the Department of the Army, I would be glad to read pertinent parts of this letter.

Senator MCCLELLAN. I was just inquiring about that. At the conclusion of Senator Long's testimony, I will have you read it. Have you finished, Senator Long?

Senator LONG. I would like to call the local representatives on this subject.

Senator MCCLELLAN. Let's have him read it at this point into the record then. You may proceed to read the letter, Colonel.

Colonel GEE (reading):

Hon. DENNIS CHAVEZ,

Chairman, Committee on Public Works.

DEAR SENATOR CHAVEZ : Reference is made to your request for the views of this Department concerning S. 1547, Eighty-first Congress, to amend the Flood Control Act of May 15, 1928, as amended.

When the act of May 15, 1928, adopting a comprehensive project for the control of floods in the alluvial valley of the Mississippi River was enacted, the city of New Orleans had provided with its own funds levees on its own river front of so wide a crown and such flat slopes as to afford an abundant margin of safety against failure except by overtopping or by bank caving.

At that time local interest did not desire any levee work in the Orleans levee district to be undertaken by the United States. Accordingly, it has not been considered that the Federal project included any work on the levees under the jurisdiction of the Board of Levee Commissioners of the Orleans Levee District, The purpose of S. 1547 is to include the levees in the Federal project in the same manner as for other communities on the main stem of the Mississippi River in its alluvial valley. Enactment of this bill would make the Federal Government responsible for construction of setbacks or other modifications of location or section of these levees and for major repairs to them.

The additional cost to the United States which may result from the enactment of this bill will be chargeable to maintenance of the Mississippi River project adopted by the act of May 15, 1928, as amended, and no special appropriations will be needed.

The Department of the Army has no objection to the enactment of S. 1547 if amended to read as follows:

"That flood-control improvements substantially as contemplated by the Flood Control Act of May 15, 1928, as amended, are hereby extended to include such improvements in the Parish of Orleans, La., provided that the jurisdiction over completed improvements now exercised by the State of Louisiana through the Board of Levee Commissioners of the Orleans Levee District shall continue." Senator MCCLELLAN. How does that language

Colonel GEE. It differs from the language presently in the bill. Senator MCCLELLAN. You may finish the letter, then and I will ask you that question.

Colonel GEE. The final paragraph of the letter indicates that this comment of the Department of the Army has not yet been cleared by the Bureau of the Budget.

Senator MCCLELLAN. You wrote the letter anticipating they would approve

Colonel GEE. These letters are generally prepared in draft form, and this draft as presently written includes the statement in the last paragraph

Senator MCCLELLAN. Yes, but you are not authorized to make that statement as yet.

Colonel GEE. When the letter reaches you it will read:

The Bureau of the Budget advises there is no objection to the submission of this report.

Senator MCCLELLAN. I understand that. But you have not the authority to make that statement at the moment.

Colonel GEE. That is correct, sir.

Senator MCCLELLAN. We are awaiting that authority.

Colonel GEE. Yes, sir.

Senator MCCLELLAN. All right. Now, would you mind pointing out the difference in the amendment you suggest and the bill as introduced?

Colonel GEE. Yes, sir. It is the opinion of the counsel in the Office. Chief of Engineers, that the amendment suggested will eliminate any

question as to the Federal Government building setback levees and performing construction under the jurisdiction of the board of Orleans Parish. On completion of any levee work the Orleans Board, representing local interests, would exercise jurisdiction in the same manner as exercised by local interests elsewhere on the present main line levees and as now exercised by the State of Louisiana through the board of levee commissioners of the Orleans Levee District.

It is not desired that the Federal Government be put in that position, and the proviso suggested limits the jurisdiction of the State of Louisiana to those improvements when completed.

Senator MCCLELLAN. In other words, if you had to build additional improvements within the time, you do not want the jurisdiction on construction work on those improvements to be under the Louisiana board.

Colonel GEE. That is correct.

Senator MCCLELLAN. You are willing for the Orleans district to retain jurisdiction of the present levee?

Colonel GEE. Yes, sir.

Senator MCCLELLAN. That it has constructed and now owns, but the jurisdiction over any construction work on future improvements you want to remain in the Federal Government.

Colonel GEE. That is correct, sir.

Senator MCCLELLAN. One other thought. You mention here no specific appropriation will have to be made for maintenance. In other words, this would then come within the general maintenance fund that Congress appropriates each year for the levees.

Colonel GEE. Yes, sir; that is right.

Senator MCCLELLAN. There would be some slight possible increase in

cost

Colonel GEE. You would be adding 10 plus miles to the main line levee system.

Senator MCCLELLAN. To be maintained, and there is no way to anticipate in advance how much that would increase the maintenance cost per year, is there?

Colonel GEE. No, sir.

Senator MCCLELLAN. That would depend upon future happenings. All right, thank you very much, Colonel. I just wanted at this point to follow your statement, Senator Long, and get the record clear so far as the report from the Department is concerned.

Senator LONG. I do not believe there would be any objection whatsoever to that stipulation on behalf of the authors of the bill.

Senator MCCLELLAN. It seems to me it would be proper if they make additional improvements hereafter that the Federal Government should have jurisdiction over any construction work.

Senator LONG. I personally would be satisfied with that requireTent. I now ask Mr. Willoz to speak.

STATEMENT OF A. L. WILLOZ, CHIEF ENGINEER, ORLEANS LEVEE BOARD, NEW ORLEANS, LA.

Mr. WILLOZ. My name is A. L. Willoz. I am a graduate civil engineer of Tulane University. I have been connected with the Orleans Levee Board for the past 20 years, the last 13 years as chief engineer there.

I am here to testify by authorization and instructions of the commissioners and board and to answer any question that you gentlemen might desire to ask me, as well as to urge inclusion of our main line levees in the Mississippi Valley system.

At the outset let me say that I fully concur in the statement of Senator Long, which ably states our position in the matter. Senator Long is correct when he states that the people of New Orleans were left out of the Federal project by their own election due to the fact that at that time it was not known what course the Federal jurisdiction might take and what effect it might have on the then existing docks and railways located on levees maintained by the Orleans Levee Board.

The elapsed 21 years has clearly demonstrated that whatever fears then entertained of unknown Federal jurisdiction and encroachment were groundless. The Mississippi River Commission's and the United States Army engineers' efficient and capable handling of the levee matters in all parishes of Louisiana, except Orleans Parish, have amply demonstrated their handling of local matters so well and favorably that the public in New Orleans and the levee board who decided not to avail themselves of the advantage of the Flood Control Act of 1928 have withdrawn our objections completely, and today State and city agencies are for the inclusion of our main-line levee system in the Mississippi Valley River system, instead of being the only isolated levee board of the Mississippi River Valley not included.

Senator MCCLELLAN. Thank you very much, sir. You see no objection to the amendment suggested by the War Department, do you? Mr. WILLOZ. I do not think so.

Senator LONG. I have imposed upon your time a half hour already, Mr. Chairman, and rather than hold you any longer I might just submit these other statements I have, with a brief explanation as to what they are.

[S. 2015, 81st Cong., 1st sess.]

A BILL To direct the Chief of Engineers to fill a portion of a canal in Lake Providence. Louisiana

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Chief of Engineers, under the supervision of the Secretary of the Army, is authorized and directed to fill to an elevation of ninety-four feet above mean sea level that portion of the canal (commonly known as Grant's Canal) located in the northeastern section of the town of Lake Providence, Louisiana, which extends from the Mississippi River levee to Hood Street in such town.

SEC. 2. As a condition to the commencing of work authorized by this Act, the town of Lake Providence shall give assurances, satisfactory to the Chief of En gineers, that it will provide for the necessary rights-of-way for borrow and construction purposes and for the relocation of utilities without cost to the United States and hold and save the United States free from damage due to the construction works.

SEC. 3. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

I have introduced S. 2015 in an effort to get the Chief of Engineers to fill in what is commonly known as Grant's Canal above Lake Providence.

Historically, General Grant dredged quite a channel above Lake Providence in an effort to circumvent Vicksburg, which at that time was preventing Federal troops from moving down the Mississippi River, Vicksburg being more or less a Gibraltar of the South.

Local interests over a period of time have managed to fill in part of that ditch, but there is about a half a mile of it that is still a great mosquito-breeding ground there above the city; and we would like to get the Federal Government at this late date to correct that war damage by simply filling in that ditch.

Senator MCCLELLAN. Has that bill been referred to the War Department for comment?

Senator LONG. We estimate it would cost $11,000 to fill in that part of Grant's Canal that was dredged.

Senator MCCLELLAN. Do you have a letter on this?

Colonel GEE. Yes, sir.

Senator MCCLELLAN. Will you just submit it for the record?

Colonel GEE. Yes, sir; it is in the same status as the other. We do not have the budget comment so far.

Senator MCCLELLAN. The War Department has no objection to it, do they?

Colonel GEE. No, sir.

Senator MCCLELLAN. So it is just in the same status as the other

one.

Colonel GEE. It bears out the statement just made by Senator Long that the estimated cost is $11,000.

Senator LONG. In the River and Harbor Act of March 2, 1945, section 6, can be found language with reference to Bayou Lafourche, La., which directs that a survey be made "in the interest of navigation, flood control, beneficial uses of water, malaria control, and prevention of stream pollution."

Senator HOLLAND. Just for my own personal information, I would like Senator Long to tell us where that ditch is.

Senator LONG. It is in the little town of Lake Providence, just above Vicksburg. Lake Providence was on the old bed of the Mississippi, I would say, centuries ago. From General Grant's diary here it is mentioned there is a lake at Lake Providence which, according to General Grant, is part of the old bed of the Mississippi River about a mile from the present channel.

Senator MCCLELLAN. This statement may be incorporated in the record in full.

(The statement is as follows:)

GRANT'S CANAL AT LAKE PROVIDENCE

Mr. Chairman, I have before this committee a bill, S. 2015, which would authorize the Chief of Engineers to fill in that portion of the canal commonly known as Grant's Canal, located in the northeastern section of the town of Lake Providence, La., at an estimated cost of $11,000.

When the citizenry of Lake Providence approached me about this matter, and I might interpolate to say that I believe every civic group in that fine little eity has written me about the canal, I was unable to find any agency having either general or specific authority to consider such a project. Of course, as you will see as I go along, it is not a flood-control project, nor is it a river-and-harbor project, in fact. Because the Corps of Engineers has much work in that area and because the situation we seek to correct is now generally considered as a part of our flood-control and water-resources-development program. I have deemed it wise to follow this course. I would further point out that recent acts of Congress, in directing preliminary examinations and surveys on various streams, have generally, particularly in the humid areas of the Nation, directed the engineers to consider, in addition to flood control and navigation, drainage, reclamation, salt-water intrusion, health, and other beneficial uses of water. This particular bill is directed to the matter of health. For instance, in the