In accordance with existing law a copy of the Chief of Engineers' proposed report was furnished the Governor of North Carolina for comment. He stated: In view of the great importance of this improvement to the economy of North Carolina, and to the effect it would appear to have on the natural resources of the State, I sincerely hope that favorable action will be taken at an early date and that it can be included in the river and harbor bill during this session of the Congress. In accordance with section 4 of Executive Order No. 9384 the report was submitted to the Bureau of the Budget for information as to the relationship of the proposed report to the program of the President. The Bureau of the Budget advised that there would be no objection to the submission of the report to Congress. The Chief of Engineers after due consideration of these reports recommends the modification of the existing project for Manteo Bay, N. C., in accordance with the recommendations of the Board. The modification is recommended subject to the provision that local interests give assurances satisfactory to the Secretary of the Army that they will (a) furnish without cost to the United States all lands, casements, rights-of-way, and spoil-disposal areas for initial work and subsequent maintenance, when and as required; (b) remove existing structures from the rights-of-way; (c) make necessary alterations to the existing sewer at the Manteo Harbor entrance; (d) continue the maintenance of the public landing in Mill Creek; and (e) hold and save the United States free from damage due to the construction and maintenance of the project. The cost to United States for construction, as shown in the report, is estimated at $860,500. The cost to local interests is estimated at $8,750. The total cost is estimated at $869,250. The annual carrying charge, including annual maintenance costs, is estimated at $137,470, of which $136,795 is Federal and $675 is nonFederal. Federal annual maintenance cost is estimated at $97,000 for dredging in addition to that now required. The annual benefits are estimated at $193,455, of which $150,075 is due to an increased fish catch, $37,730 is from prevention of damage to boats, $4,250 is from savings in travel time, and $1,400 is from savings in transportation costs of petroleum products and merchandise. The benefit-cost ratio is 1.4. Evaluated benefits indicate that the recommended improvement is economically justified. In addition to such benefits the improvement. will provide for the safety and convenience of the very large fishing fleet using the adjacent waters. Oregon Inlet is the only opening in the barrier beach between Cape Henry and Cape Hatteras and it affords entrance from the ocean to the only harbor of refuge in the area. MONKEY RUN, N. Y. PORT BAY, N. Y. Senator HOLLAND. Senator Ives, I see the next project listed here is Monkey Run and Port Bay, N. Y. We will be glad to hear from you. STATEMENT OF HON. IRVING M. IVES, A SENATOR FROM THE STATE OF NEW YORK Senator IVES. Mr. Chairman, I have the pleasure and privilege of requesting and urging that you consider inclusion of the proposed flood-control project on Monkey Run Creek for protection of Corning, N. Y., in the pending omnibus flood-control bill. This is a project which the State of New York and the city of Corning have been seeking for many years. It will be an addition to the existing project in the Chemung River which has been so beneficial to Corning. It will result in adequate protection of Corning against uncontrolled floodwaters of the Monkey Run Creek, particularly for the Corning Glass Works-the lifeblood of this New York municipality and upon which more than 25,000 residents of the area are dependent. The State of New York favors and considers the project of top priority. Mr. Horace S. Evans, executive director of the New York State Flood Control Commission-official agency of the State on flood-control matters-will appear before you urging authorization of the project. Also appearing before you will be Mr. William C. Decker, president of the Corning Glass Works, and Mayor Howard F. V. Cole, of Corning. It is my sincere hope you will authorize this project for the earliest possible action. I might add in that connection that I know personally something about this situation, and it is mighty serious, and I give it my wholehearted endorsement. I believe also that on your agenda this morning you have the Port Bay project. Senator HOLLAND. We do. Senator IVES. And I want to say that I am definitely interested in that. It is a land-locked bay on the south shore of Lake Ontario about 21 miles west of Oswego Harbor, N. Y. It is used by about 255 small boats permanently based there. It is a rather important spot, especially for refuge from storms on the lake. A representative of the New York State Public Works Department is here and I trust that you wil lbe able to hear him before the meeting is over. Senator HOLLAND. Thank you, Senator. May I ask, first, with reference to the Monkey Run project: Has that cleared the Bureau of the Budget? Colonel GEE. Mr. Chairman, I have a letter from the Assistant Director of the Budget for estimates dated July 18, 1949, indicating that there is no objection to the submission of this report to the Congress. This letter is addressed to the Secretary of the Army. Senator HOLLAND. Thank you, Colonel. With reference to the other project at Port Bay, may we have the information on that for the record as to whether the Budget has passed it? Senator IVES. Would you be willing to listen to Mr. Pinck, who is here on that and can give you detailed information on that? Senator HOLLAND. We will be very happy to, but I wonder first if the Budget has had it and has cleared it. Colonel MOORE. It has. In a letter to the Secretary of the Army dated July 18 from the Assistant Director of Estimates it is stated there would be no objection to the submission of the report to Congress. Senator IVES. This is Mr. Evans. Senator HOLLAND. We will be glad to hear him. STATEMENT OF HORACE S. EVANS, EXECUTIVE DIRECTOR, NEW YORK STATE FLOOD CONTROL COMMISSION Mr. EVANS. It is a pleasure to appear before your distinguished body and present this memorandum urging authorization of a floodcontrol project on Monkey Run Creek designed and recommended for protection of the city of Corning. I represent the New York State Flood Control Commission, which is the official agency of the State of New York responsible for assisting in the institution and consummation of a Federal long-range program of flood control in all areas of the State where hazards from floodwaters obtain. This commission was created by chapter 16 of the New York State Laws of 1936 and now is functioning under chapter 34 of the New York State Laws of 1949. A copy of each statute is attached to this memorandum. The United States Department of the Army has recommended that the project authorized by the Flood Control Act of June 22, 1936, providing for local protection works on the Chemung River at Corning, N. Y., be modified to provide for the improvement of Monkey Run Creek at Corning at an estimated Federal cost of $2,370,000. Costs of non-Federal interests are estimated at $610,000. As recommended by the Department of the Army, the project would provide for an open flume and a conduit to covey the flow of Monkey Run Creek through the city's business and industrial area and into the Chemung River; auxiliary works consisting of stormsewer outlets, a pumping plant, and relocation and reconstruction of facilities of utilities. Partial protection of Corning is provided by a project completed in 1942 which consists of levees and flood walls along both banks of the Chemung River, a levee along the right bank of Post Creek and conduit with levees along both banks of Cutler Creek, a pumping station and appurtenant drainage structures. This has been an excellent project and has increased the capacity of the Chemung River at Corning from 40,000 to 115,000 cubic feet per second; the capacity of Post Creek from 3,000 to 11,000 cubic feet per second, and the capacity of Cutler Creek from 2,000 to 9,000 cubic feet per second. It has resulted in the elimination of damages in the hundreds of thousands of dollars. However, adequate protection of Corning will not be realized until floodwaters of Monkey Run Creek are controlled. The presently authorized project will control them. Economic studies by the Corps of Engineers disclose that from 1935 to 1917 the Corning Glass Works alone suffered flood damages of $2.811,700, the greatest damage being in May 1946 when the losses totaled $1,026,500. These losses, gentlemen, are only to the Corning Glass Works and not to the entire city of Corning. It should be noted that the May 1946 damage came after the Chemung River works at Corning were completed and therefore is due primarily to uncontrolled floodwaters of Monkey Run Creek. Estimated annual average dam ages due to Monkey Run Creek-based on a 50-year period-are $230,000. These are bound to increase due to the development of Corning particularly in the industrial area. Regardless, based on average annual damages of $230,000, the project is economically justified with a ratio of benefits to costs of 1.86 to 1. Senator HOLLAND. How large a city is Corning? The recommendation of the Department of the Army is That the project authorized by the Flood Control Act of June 22, 1936, provid ing for local protection works on Chemung River at Corning, N. Y., in the Susque hanna River Basin, be modified to provide for the improvement of Monkey Ran Creek at Corning, N. Y., generally in accordance with plan A of the district engineer's report and with such modifications thereof as in the discretion of the Chief of Engineers may be advisable, at an estimated cost to the United States of $2,370,000 for construction, provided that local interests give assurances satis factory to the Secretary of the Army that they will (a) furnish without cost to the United States all lands, easements, and rights-of-way necessary for construetion of the project, including the relocation of all utilities which may interfere with the construction; (b) restore city streets and pavements over the flume and conduit including bridge slabs and superstructures where highways cross the flume; (c) contribute $250,000 in cash or an equivalent amount of construction or reconstruction work; (d) hold and save the United States free from damages due to the construction works; (e) maintain and operate the works after completion, including the existing trash racks and debris basin, in accordance with regulations prescribed by the Secretary of the Army; (f) provide, operate, and maintain without cost to the United States adequate pumping capacity for dis posal of storm waters draining through the property of the Corning Glass Works and not intercepted by the project; and (g) protect Monkey Run from any future encroachment or obstruction including waste disposal that would reduce its floodcarrying capacity. (7) Less amount to be contributed by local interests- -250,000 (6) Contribution in cash or an equivalent amount of construction or reconstruction___ 250,000 Total non-Federal cost_ Total project cost-- 610,000 2,980,000 C. As regards the requirement of non-Federal participation as proposed by the Corps of Engineers, the New York State Flood Control Commission is prepared to recommend State execution of an agreement assuring the Federal Government that it will 1. Provide all lands, easements, and rights-of-way necessary for construction of the project. 2. Relocate and reconstruct all privately owned utilities. 3. Hold and save the United States free from damages due to construction works. 4. Maintain and operate the works after completion in accordance with regulations to be prescribed by the Secretary of the Army. It is my understanding that the reconstruction and relocation of publicly owned utilities will be undertaken by the city of Corning. Non-Federal interests-State and municipal-are prepared to recommend participation in the requisite item of $250.000 for construction and reconstruction work. Attitude of the city of Corning will be discussed by Mayor Howard F. V. Cole, of Corning, and Mr. William C. Decker, president of the Corning Glass Works. Prior to 1936 there never had been undertaken, in the State of New York, any Federal flood-control project. In that year the State Flood Control Commission was created and the State enacted its first flood-control law, which now is held a model of State legislation for participation with the Federal Government in flood-control projects. A copy of that law is attached to this memorandum. It is my plea in closing, gentlemen, that you act favorably on the recommendation of the Corps of Engineers and authorize the project proposed for control of floodwaters of Monkey Run Creek at Corning. (The statute referred to is as follows:) STATUTE CREATING NEW YORK STATE FLOOD CONTROL COMMISSION CHAPTER 16, LAWS OF 1936 AN ACT Creating a temporary State commission to assist in the institution and consummation of a Federal long-range program of flood control and regulation of flood waters within the State. Became a law February 21, 1936, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. A temporary state commission is hereby created for the purposes hereinafter specified. Such commission shall consist of four senators, to be appointed by the temporary president of the senate, four members of the assembly, to be appointed by the speaker of the assembly, and four persons, to be appointed by the governor. Vacancies in the membership of the commission, occurring from any cause, shall be filled by the officer authorized to make the original appointments. SECTION 2. Such commission shall act as the agency of the state in assisting in the institution and consummation of a federal long-range program of flood control and regulation of flood waters in the areas of the state where hazards from flood waters obtain and in cooperating with any department or agency of the federal government duly authorized to institute and consummate such a program and to expend moneys made available therefor and in co-operating with any organization created in the state for the purpose of controlling flood waters, such as the Flood Control Council of Central-Southern New York. The commission may employ stenographic or technical assistants as it may require and fix their compensation within any amount which may be appropriated therefor. The commission may sit at any place within or without the State and hold either public or private hearings. Such commission shall generally have, possess and exercise all of the powers of a legislative committee as provided by the legislative law. SECTION 3. The members of the commission shall receive no compensation for their services, but shall be reimbursed for their expenses actually and necessarily incurred by them in the performance of their duties hereunder, |