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FLOOD CONTROL-RIVERS AND HARBORS

TUESDAY, JULY 12, 1949

UNITED STATES SENATE, SUBCOMMITTEE for Flood CONTROL AND IMPROVEMENT OF RIVERS AND HARBORS OF THE COMMITTEE ON PUBLIC WORKS,

Washington, D. C. The subcommittee met, pursuant to call, at 10 a. m., in room 412, Senate Office Building, Senator John L. McClellan presiding.

Present: Senators Chavez (chairman of the full committee), McClellan (presiding), Holland.

Also present: Senators Sparkman, Stennis, and Kerr.
Senator McCLELLAN. The committee will come to order.

The House Public Works Committee has been holding hearings for quite some time on a general authorization bill for rivers and harbors and flood-control projects. It reported out a bill (H. R. 5472) on July 6. This bill is still pending in the House; but, in view of the lateness in the session, the Subcommittee on Flood Control and Improvement of Rivers and Harbors of the Senate Public Works Committee has decided to proceed with hearings on this bill before the House takes final action on it in order to expedite its passage at this session of Congress. If we should wait until the House finally passes the measure, assuming it does act on it at this session, and then undertake to hold hearings, they would probably extend until the end of the session or so near the end of it that it would be impossible to get action on the bill in the Senate.

(H. R. 5472 reads as follows:)

(H. R. 5472, 81st Cong., 1st sess.) A BILL Authorizing the construction, repair, and preservation of certain public works on rivers and harbors

for navigation, 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,

TITLE I-RIVERS AND HARBORS Sec. 101. That the following works of improvement of rivers and harbors and other waterways for navigation, flood control, and other purposes are hereby adopted and authorized to be prosecuted under the direction of the Secretary of the Army and supervision of the Chief of Engineers, in accordance with the plans and subject to the conditions recommended by the Chief of Engineers in the respective reports hereinafter designated: Provided, That the provisions of section 1 of the River and Harbor Act approved March 2, 1945 (Public, Numbered 14, Seventyninth Congress, first session), shall govern with respect to projects authorized in this title; 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:

Scarboro River, Maine, between Prouts Neck and Pine Point; House Document Numbered 69, Eighty-first Congress;

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Wood Island Harbor, Maine, and the Pool at Biddeford; House Document Numbered 49, Eighty-first Congress;

Winthrop Beach, Massachusetts, Beach Erosion Control; House Document Numbered 764, Eightieth Congress;

Mystic River, Massachusetts; House Document Numbered 645, Eightieth Congress;

Mattapoisett Harbor, Massachusetts; House Document Numbered 664, Eightieth Congress;

Stonington Harbor, Connecticut; House Document Numbered 667, Eightieth Congress;

Eightmile River, Connecticut; House Document Numbered 666, Eightieth Congress;

Fire Island, Inlet, New York; House Document Numbered 762, Eightieth Congress;

East Chester Creek (Hutchinson River), New York; House Document Numbered 749, Eightieth Congress;

Jamaica Bay, New York; House Document Numbered 665, Eightieth Congress: Arthur Kill, New York and New Jersey; House Document Numbered 233, Eighty-first Congress;

Sandy Hook Bay at Leonardo, New Jersey; House Document Numbered 108, Eighty-first Congress;

Lake Ogleton and Walnut Lake, Anne Arundel County, Maryland; House Document Numbered 712, Eightieth Congress;

Hellens Creek, Calvert County, Maryland; House Document Numbered 663, Eightieth Congress;

Governors Run, Calvert County, Maryland; House Document Numbered 670, Eightieth Congress;

Saint Patricks Creek, Maryland; House Document Numbered 671, Eightieth Congress;

Potomac River and tributaries at and below Washington, District of Columbia; Elimination of Waterchestnut; House Document Numbered 113, Eighty-first Congress;

Kings Creek, Northampton County, Virginia; House Document Numbered 193, Eighty-first Congress;

Rappahannock River at Bowlers Wharf, Essex County, Virginia; House Document Numbered 109, Eighty-first Congress;

James River, Virginia; House Document Numbered 191, Eighty-first Congress;

Inland Waterway in the vicinity of Fairfield, North Carolina; House Document Numbered 723, Eightieth Congress;

Far Creek, 'North Carolina; House Document Numbered 770, Eightieth Congress;

Waterway from Pamlico Sound to Beaufort Harbor, North Carolina-Harbor Improvement at Marshallberg; House Document Numbered 68, Eighty-first Congress;

Taylors Creek, North Carolina; House Document Numbered 111, Eighty-first Congress;

Cape Fear River at and below Wilmington, North Carolina; House Document Numbered 87, Eighty-first Congress;

Savannah River, Georgia and South Carolina; Senate Document Numbered 6, Eighty-first Congress;

Brunswick Harbor, Georgia; House Document Numbered 110, Eighty-first Congress;

Saint Marys River, Georgia and Florida, and North River, Georgia; House Document Numbered 680, Eightieth Congress;

Fernandina Harbor, Florida; House Document Numbered 662, Eightieth Congress;

Saint Augustine Harbor and vicinity, Florida; House Document Numbered 133, Eighty-first Congress;

Palm Beach, Florida, Beach Erosion Control; House Document Numbered 722, Eightieth Congress: Provided, condition 2 recommended in the report shall not be applicable;

Lake Worth Inlet, Florida; House Document Numbered 704, Eightieth Congress;

Charlotte Harbor, Florida; House Document Numbered 186, Eighty-first Congress;

Saint Petersburg Harbor, Florida; House Document Numbered 70, Eighty-first Congress;

Horseshoe Cove, Florida; House Document Numbered 106, Eighty-first Congress;

La Grange Bayou, Florida; House Document Numbered 190, Eighty-first Congress;

Fly Creek, Fairhope, Alabama; House Document Numbered 194, Eighty-first Congress;

Pascagoula Harbor, Dog River Cut-off, Mississippi; House Document Numbered 188, Eighty-first Congress;

Arkansas River and tributaries, Arkansas and Oklahoma; House Document Numbered 758, Seventy-ninth Congress, for the further partial accomplishment of the approved plan there is hereby authorized to be appropriated, in addition to all sums previously authorized, $70,000,000;

Sabine-Neches Waterway, Texas, vicinity of Port Arthur Bridge; House Document Numbered 174, Eighty-first Congress;

Galveston Harbor and Channel, Texas (sea wall); House Document Numbered 173, Eighty-first Congress;

Gulf Intracoastal Waterway in South Galveston Bay, Texas; House Document Numbered 196, Eighty-first Congress;

Chocolate and Bastrop Bayous, Texas; House Document Numbered 768, Eightieth Congress;

Freeport Harbor, Texas; House Document Numbered 195, Eighty-first Congress;

Little Bay, Texas; House Document Numbered 114, Eighty-first Congress;

Trinity River at Dallas and Forth Worth, Texas; House Document Numbered 242, Eighty-first Congress.

Brazos Ísland Harbor, Texas; House Document Numbered 192, Eighty-first Congress;

Mississippi River at Hannibal, Missouri; House Document Numbered 67, Eighty first Congress;

Mississippi River 'at Davenport, Iowa; House Document Numbered 642, Eightieth Congress;

Mississippi River at Muscatine, Iowa; House Document Numbered 733, Eightieth Congress;

Mississippi River at Clinton, Iowa; Senate Document Numbered 197, Eightieth Congress;

Mississippi River at Prairie Du Chien, Wisconsin; House Document Numbered 71, Eighty-first Congress;

Mississippi River at Alma, Wisconsin; House Document Numbered 66, Eightyfirst Congress;

Hudson Harbor, Saint Croix River, Wisconsin; House Document Numbered 184, Eighty-first Congress;

Grand Marais Harbor, Minnesota; House Document Numbered 187, Eightyfirst Congress;

Kenosha Harbor, Wisconsin; House Document Numbered 750, Eightieth Congress;

Manistique Harbor, Michigan; House Document Numbered 721, Eightieth Congress;

Grand Marais Harbor, Michigan; House Document Numbered 751, Eightieth Congress;

Detroit River, Michigan, Trenton Channel; Senate Document Numbered 30, Eighty-first Congress; Toledo Harbor, Ohio; House Document Numbered 189, Eighty-first Congress;

Redwood City Harbor (Redwood Creek), California; House Document Numment Numbered 104, Eighty-first Congress;

San Joaquin River and Stockton Channel, California; House Document Numbered 752, Eightieth Congress;

Westport Slough, Oregon; House Document Numbered 134, Eighty-first Congress;

Columbia Slough, Oregon, in accordance with the report of the Chief of Engineers dated December 28, 1948;

Christiansted Harbor, Saint Croix, Virgin Islands; House Document Numbered 771, Eightieth Congress.

Sec. 102. Section 6 of the Act of July 3, 1930 (33 U. S. C. 569a), is hereby amended to read as follows: The Chief of Engineers is authorized to procure the temporary or intermittent services of experts or consultants or organizations thereof in connection with civil functions of the Corps of Engineers without regard to the Classification Act as amended: Provided, That individuals so engaged shall not be paid in excess of $100 per day for their services.

Sec. 103. The Secretary of the Army is hereby authorized and directed to cause preliminary examinations and surveys to be made at the following-named localities, the cost thereof to be paid from appropriations heretofore or hereafter made for such purposes: Provided, That no preliminary examination, survey, project, or estimate for new works other than those designated in this title or some prior Act or joint resolution shall be made: Provided further, That after the regular or formal reports made as required by law on any examination, survey, project, or work under way or proposed are submitted, no supplemental or additional report or estimate shall be made unless authorized by law: Provided further, That the Government shall not be deemed to have entered upon any project for the improvement of any waterway or harbor mentioned in this title until the project for the proposed work shall have been adopted by law: Provided further, That reports of surveys on beach erosion and shore protection shall include an estimate of the public interests involved, and such plan of improvement as is found justified, together with the equitable distribution of costs in each case: And provided further, That this section shall not be construed to interfere with the performance of any duties vested in the Federal Power Commission under existing law:

Gowanus Canal, Brooklyn, New York,
Havre de Grace, Maryland.
Back River, Maryland.
Jules Creek, Virginia.
Cubitt Creek, Virginia.
Popes Creek, Virginia.
McKanes Bay, Virginia.
Pecks Creek, Virginia.
Guilford Creek, Virginia.
Topsail Inlet, North Carolina.
Philips Inlet, Florida.
Waterway to connect Basin Bayou and Choctawhatchee Bay, Florida.

Boat basin and channel connecting Bayliss Memorial Wayside Park with the authorized channel in Pensacola Bay, Florida.

To determine the feasibility of extending the channel at ('arrabelle, Florida.
Channel across Santa Rosa Island, Florida.
Channel in Heron Bay, Alabama.
Extension of the New Iberia Commercial Canal, Louisiana.

Allegheny River and tributaries and Genesee River and tributaries, New York and Pennsylvania, with a view to providing a through waterway for barge navigation.

San Francisco Bay, California.
Hoonah Harbor, Alaska.
Kewalo Basin, Honolulu, Territory of Hawaii, including Ala Wai Yacht Basin.
Harbor at Keauhou Bay, Hawaii.

Sec. 104. Section 607 of the Federal Employees Pay Act of 1945, as amended, shall not be construed to prevent the employment of such additional personnel under the supervision of the Chief of Engineers as may be necessary to prosecute navigation and flood-control works herein or heretofore authorized. Sec. 105. Title I may be cited as the “River and Harbor Act of 1949."

TITLE 11-FLOOD CONTROL Sec. 201. 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 title 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 Department of the Army of the requirements of local cooperatoin, unless said interests shall within said time furnish assurances satisfactory to the Secretary of the Army that the required cooperation will be furnished.

Sec. 202. 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 authorized in this title; 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 theerto shall apply as if herein set forth in full.

It is hereby declared to be the policy of the Congress that the following provisions shall be observed:

No project or any modification not authorized, of a project for flood control or rivers and harbors, shall be authorized by the Congress unless a report for such project or modification has been previously submitted by the Chief of Engineers, United States Army, in conformity with existing law.

Sec. 203. That section 7 of the Act approved September 22, 1922 (Public, Numbered 362, Sixty-seventh Congress), is amended to read as follows:

"That hereafter the provisions of section 7 of the Act of August 23, 1912, as amended (37 Stat. 414; 54 Stat. 175; 31 I. S. C. 679), or any other law, prohibiting the expenditure of public money for telephone services installed in private residences, shall not be construed to apply to or forbid the installation and use of such telephones as the Chief of Engineers may certify to be necessary for the prosecution of Government business and as the Secretary of the Army may authorize in connection with the construction and operation of locks and dams for navigation, flood control, and related water uses: Provided, That not more than $30,000 shall be expended for such telephone services in any one fiscal year."

SEC. 204. The following works of improvement for the benefit of navigation and the control of destructive flood-waters and other purposes are hereby adopted and authorized to be prosecuted under the direction of the Secretary of the Army 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 title 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 title for construction by the Department of the Army when approved by the Secretary of the Army on the recommendation of the Chief of Engineers and the Federal Power Commission:

LACKAWAXEN RIVER BASIN In addition to previous authorizations, there is hereby authorized the completion of the plan for food protection in the Lackawaxen River Basin, Pennsylvania, authorized by the Flood Control Act of June 30, 1948, at an estimated cost of $6,000,000.

POTOMAC RIVER BASIN The project for flood protection, navigation, and other purposes on the Anacostia River, District of Columbia and Maryland, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 202, Eighty-first Congress, first session, at an estimated cost of $4,531,200.

SAVANNAH RIVER BASIN There is hereby authorized to be appropriated the sum of $40,000,000 for the construction of projects in the general plan for the comprehensive development of the Savannah River Basin, approved in the Act of December 22, 1944, in addition to the authorization for project construction in the Act of December 22, 1944.

CENTRAL AND SOUTHERN FLORIDA In addition to previous authorizations, there is hereby authorized to be appropriated the sum of $10,000,000 for the prosecution of the first phase of the comprehensive plan for flood control and other purposes in Central and Southern Florida approved in the Act of June 30, 1948

LOWER MISSISSIPPI RIVER The project for flood control and improvement of the Lower Mississippi River, adopted by the Act or Iay 15, 1928, as amended, is hereby modified and expanded

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