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[S. 683, Seventieth Congress, first session]

A BILL Extending the jurisdiction of the Mississippi River Commission for the purposes

of food prevention and control

Be it enacted by the Senate and House of Representatives of the United States of America in Congress-assembled, That section 651 of the Code of Laws of the United States of America, in force December 6, 1926, be, and the same is hereby, amended to read as follows:

Sec. 1. That the United States hereby recognizes and assumes its obligation to prevent destructive floods in the Mississippi Valley.

“The jurisdiction of the Mississippi River Commission for the purposes of flood prevention and control shall be extended so as to include the Mississippi River and its tributaries and outlets.

“ SEC. .2: That said commission shall make such further examinations, investigations, surveys, and experiments as it may deem practicable and neces. sary.to, determine (a) the utility and practicability of storage sites in the Mississippi River and its tributaries, or in the plains, basins, sloughs, and swamp laird's adjacent to or along the course of said rivers; (b) the practicability of straightening and broadening the channel of the Mississippi River below Saint Louis, Missouri; and (c) the creation or use of channels, streams, and canals as spillways on the Mississippi River below the mouth of the Ohio River.

“ SEC. 3. The said commission is authorized to employ such engineers, clerks, and other employees as may be found necessary for the prompt performance of the duties herein described and fix the compensation of such engineers, clerks, and employees. Such commission shall report to the Congress its findings, conclusions, and recommendations as speedily as may be.

“ SEC. 4. That there is hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated $100,000,000 annually, or so much thereof as may be necessary (in addition to the sums heretofore authorized and unexpended for the improvement of the Mississippi River and its tributaries and outlets), to be used in making examinations, investigations, experiments, and surveys, and in executing the plans of the Mississippi River Commission when approved by the Secretary of War under the provisions of this act; and in repairing and constructing such public works as may be found necessary to carry out the purposes of this act.

"Any funds authorized to be appropriated by this act, and any funds heretofore appropriated or authorized to be appropriated for improving the Mississippi River and its tributaries and outlets, and not already otherwise allotted, may be allotted to levees, bank revetment, and other public works and expended within the limits of the jurisdiction of the Mississippi River Commission as extended by this act in accordance with the plans, specifications, and recommendations of the Mississippi River Commission, as approved by the Chief of Engineers.”

[S. 819, Seventieth Congress, first session]

A BILL Defining the policy of Congress with respect to flood control, the protection and

improvement of navigation, and conservation upon and along the Mississippi River, its tributaries, inlets and outlets, consolidating certain Government activities with respect to such flood control and protection and improvement of navigation, creating the Mississippi Valley waters control commission, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

DECLARATION OF POLICY

SECTION 1. In order to provide for the protection of life and property from floods and overflows of the Mississippi River and its tributaries, for the protection and improvement of navigation, and for the encouragement of conservation, it is hereby declared to be the policy of the Congress that the Federal Government shall assume charge of the entire subject of flood control in the Mississippi Valley, and that flood control, protection and improvement of navigation upon and along the Mississippi River, its tributaries, inlets and outlets, shall be administered as connected and correlated subjects under the jurisdiction of one Federal agency, and that the administration of flood control and navigation shall be with due regard to the development of conservation.

MISSISSIPPI VALLEY WATERS CONTROL COMMISSION

SEC. 2. (a) There is hereby created a commission to be known as The Mississippi Valley Waters Control Commission (hereinafter referred to as the commission), to be composed of five members, appointed by the President, by and with the advice and consent of the Senate. Two of the members of the commission shall be officers in the Corps of Engineers of the Army, two shall be civilian engineers, and one member shall be an individual of experienced executive ability. The President shall designate one of the members to act as chairman.

(b) The terms of office of the members of the commission first taking office after the approval of this act shall expire, as designated by the President at the time of nomination, as follows: one Army engineer and one civilian engineer at the end of the second year, one Army engineer and one civilian engineer at the end of the fourth year, and the fifth member at the end of the third year after the date of the approval of this act. A successor to a member of the commission shall be appointed in the same manner as the original members, and shall have a term of office expiring four years from the date of the expiration of the term for which his predecessor was appointed.

(c) Any person appointed to fill a vacancy in the commission occurring prior to the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term. Any member of the commission in office at the expiration of the term for which he was appointed may continue in office until his successor takes office. Vacancies in the commission shall not impair the powers of the remaining members to execute the functions of the commission, and a majority of the members in office shall constitute a quorum for the transaction of the business of the commission.

(d) The chairman of the commission shall receive a salary of $30,000 a year, and the other members shall each receive a salary of $25,000 a year, together with necessary traveling expenses and expenses incurred for subsistence or per diem allowance in lieu thereof, within the limitations prescribed by law, while away from the principal office of the commission on business required by this act, or if assigned to any other office established by the commission, then while away from such office on business required by this act. In the case of members of the commission who are Army officers, such salaries and allowances shall be in lieu of all pay and allowances to which they are entitled as such officers.

GENERAL POWERS OF COMMISSION

SEC. 3. (a) The commission

(1) Shall maintain its principal office in the District of Columbia, and such other offices in the Mississippi Valley as it deems necessary.

(2) Shall have an official seal which shall be judicially noticed.

(3) Shall make an annual report to Congress of its receipts, expenditures, and activities, with such recommendations as it deems advisable.

(4) May make such regulations as are necessary to execute the functions vested in it by this act.

(5) May (A) without regard to the civil service laws or the classification act of 1923, appoint and fix the salaries of a chief engineer and such engineers, experts, leval advisers, and other officers, agents, and employees, and (B) make such expenditures (including expenditures for rent and personal services at the seat of government and elsewhere, for law books, periodicals, and books of reference, and for printing and binding) as may be necessary to execute the functions vested in the commission.

(b) In the employment of engineers, legal advisers, and other officers, agents, and employees, the commission shall give preference, so far as practicable, to persons now employed exclusively in the administration of the functions transferred under the provisions of this act to the commission. The Secretary of War is authorized, upon request of the commission, and when consistent with the requirements of his office, to temporarily detail for duty with the commission such officers and men of the Corps of Engineers and such officers and employees of the War Department as he may deem advisable. Such persons when so assigned to duty with the commission shall receive such additional compensation as the commission may determine.

TRANSFER OF AUTHORITY

SEC. 4. (a) Except as provided in section 9 of this act all functions here tofore conferred upon any agency of the Federal Government, in respect of flood control and the protection and improvement of navigation (including functions with respect to bridges, dams, dykes, causeways, wharves, and other structures) upon and along the Mississippi River, its tributaries, inlets and outlets, and all property (including equipment), papers, documents, files, records, correspondence, maps, surveys, plans, estimates, proposals, and reports pertaining exclusively to the administration of such functions are hereby transferred to the commission. The Mississippi River Commission is hereby abolished.

(b) The commission shall take over and assume all leases, contracts, and obligations pertaining to the exercise of such functions, and shall take proper means to safeguard the rights and interests of contractors or other parties having any interest in such leases, contracts, or obligations.

SPECIAL POWERS OF COMMISSION

SEC. 5. (a) The commission is authorized to provide for the construction, preservation, and maintenance of flood-control works and works for the protection and improvement of navigation upon and along the Mississippi River, its tributaries, inlets and outlets, having due regard in so doing to a proper development of conservation in such area of timber and of fish and wild birds and animals, and the necessity for promoting reforestation and providing sanctuaries and refuges for birds, game, and fish. For such purpose the commission is hereby authorized —

(1) To take over and asume control of all levees and other flood-control works, and works of improvement upon and along the Mississippi River, its tributaries, inlets and outlets, now being maintained by any agency of the Federal Government.

(2) To take over and assume control of all levees and other flood control works and works of improvement under the jurisdiction of any State, county, levee district, or other local agency, if such State, county, levee district, or other local agency so requests the commission, and the commission deems it advisable so to do; and to reimburse any such State, county, levee district, or other local agency for any moneys advanced or funds expended in the construction of any such works, to assume the outstanding indebtedness incurred in the construction thereof, or to make such other arrangement with respect thereto as may be agreed upon by the commission with such State, county, levee district, or other local agency.

(3) To locate, construct, and maintain works for bank and channel stabilization and other improvements in the interests of navigation, and to locate and relocate levees, construct, maintain, and operate spillways, flood ways, and reservoirs, and use any other means necessary to control flood States on the Mississippi River and its tributaries, giving special consideration to the flood problem in the lower reaches of the Mississippi Rover and its outlets to the Gulf of Mexico, to the end that between the confluence of the Ohio and Mississippi Rivers and the Gulf of Mexico the maximum flood stages along the Mississippi River shall be lowered wherever possible.

(4) To acquire by purchase, condemnation, or otherwise, lands, rights of way, and materials necessary in carrying out the provisions of this act.

(5) In its discretion, to advance to any levee district in any area which is subject to overflow from the Mississippi River or any of its tributaries, any funds required by such levee district for the payment of interest and principal or any of its bonded indebtedness which has matured or may mature within a period of five years from the approval of this act, such advances to be made on such terms as to the repayment of amounts so advanced as the commission may deem advisable.

(b) In carrying out the provisios of this act the commission shall give immediate consideration to flood control along the lower reaches of the Mississippi River and its outlets and shall give preference thereto in the use of moneys appropriated under this act.

EXEMPTION FROM EXISTING LAW

Sec. 6. The provisions of existing law requiring the prior approval of Congress for examinations and surveys and prosecution of works of improvement of rivers and harbors shall not apply in respect of examinations and surveys nor in respect of works of improvement prosecuted by the commission; and all examinations and surveys and works of improvement relating to the Mississippi River, its tributaries, inlets, and outlets, heretofore authorized by the Congress, may be modified to such extent as the commission deems advisable in order effectively to carry out the provisions of this act. The appropriations heretofore made or authorized to be made with respect to any such examinations or surveys or works of improvement shall be available for expenditure in respect thereof whether or not such plans are modified by the commission under the provisions of this act.

PENDING PROCEEDINGS NOT AFFECTED

SEC. 7. (a) The transfer to the commission of any function from any agency of the Government shall not affect pending cases or proceedings or invalidate any act done or order made by any such agency in respect of such functions prior to the transfer. All proceedings, hearings, investigations, and other matters pending at the time of transfer before any such agency in respect of functions transferred to the commission under the provisions of this act shall be continued before the commission and determined by it.

(b) All offenses committed and all penalties and liabilities incurred in respect of any such function prior to the time of such transfer may be prosecuted and punished in the same manner and with the same effect as if such transfer had not been made.

(c) All rules, regulations, and orders made in respect of any such function prior to such transfer and in effect at the time thereof, shall, after such time, continue in effect to the same extent as if such transfer had not been made unless modified, superseded, or repealed by action of the commission.

(d) All unexpended appropriations in respect of any such function shall, upon such transfer, become available for expenditure by the commission and shall be treated as if the commission had been originally named in the laws making the appropriation.

APPROPRIATION AND BOND ISSUE

SEC. 8. There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $1,000,000,000, to be immediately available and to remain available until expended for expenditures authorized in this act; but no expenditures shall be made from such appropriation in excess of $100,000,000 in any one year. The Secretary of the Treasury is authorized, if he deems it advisable in order to obtain funds to carry out the provisions of this act, to exercise the authority granted by the various Liberty bond acts and the Victory Liberty loan act, as amended and supplemented, to issue bonds, notes, and certificates of indebtedness of the United States; and any bond so issued shall be disregarded in computing the maximum amount of bonds authorized by section 1 of the second Liberty bond act, as amended.

CERTAIN STATUTES NOT AFFECTED

SEC. 9. Nothing in this act shall be construed to amend or repeal, or in any manner interfere with the administration of any of the provisions of sections 201 and 500 of the transportation act, 1920, approved February 28, 1920, as amended, the Federal water power act, approved June 10, 1920, as amended, the Inland Waterways Corporation act, approved June 3, 1924, as amended, or the upper Mississippi River wild life and fish refuge act, approved June 7, 1924, as amended, or any act conferring jurisdiction upon the Secretary of Commerce, the Secretary of Agriculture or the Secretary of the Interior or upon any other Government agency in respect of conservation; and nothing in the act shall be construed to take from the Secretary of War or any other governmental agency any powers or duties granted or imposed by law in the emergency of war or in preparation therefor, or to interfere with any of the provisions of section 124 of the national defense act, approved June 3, 1916, as amended.

SAVING CLAUSE

SEC. 10. If any provision of this act is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the act and the applicability of such provision to other persons and circumstances shall not be affected thereby.

SHORT TITLE

SEC. 11. This act may be cited as the Mississippi Valley waters control act.

TIME OF TAKING EFFECT

SEC. 12. This act shall take effect upon the date of its approval, except that the provisions of the act in respect of transfer of authoirty shall take effect.

[S. 1160, Seventieth Congress, first session] A BILL Providing for an emergency, and authorizing and directing the chairman of the

Committee on Flood Control of the House of Representatives by advertising to procure bids to ascertain the time and the cost for the construction of levees for The lower unit of the initial Riker spillway project for control and utilization of the Mississippi and Missouri Rivers," and ramifications, and report to Congress Whereas, whatever may be the ultimate decision of Congress as to the plans which will be adopted for the control and utilization of the waters of the Mississippi and Missouri Rivers, and ramifications, it is evident that from the many plans that have been and will be advanced for consideration, much time will be consumed before any ultimate decision covering the entire subject can be arrived at; and

Whereas there seem to be an emergency factor in this problem which can be immediately agreed upon by Congress, which is a spillway of sufficient capacity to convey any future flood waters that may reach the vicinity of the junction of the Mississippi and Red Rivers harmlessly to the Gulf of Mexico; and

Whereas, before enacting legislation for the condemnation of the necessary three-mile-wide strip of land which the said spillway and levees will occupy, it is deemed advisable that Congress shall be informed as to the cost and the time necessary to construct a levee on each side of this strip to confine the flood waters to it and the extent of the area which its construction would reclaim, now utterly valueless; and

Whereas whether or not the ultimate decision of Congress shall result in the construction of greater levees for the Mississippi River from material to be taken from the bed of the river itself, or confining the excessive flood waters to a spillway of a specified area by means of great levees on its sides, or by both means, larger and more powerful dredging machinery than anything now constructed will be required; and the construction of the levees requisite for creating the lower unit of the initial Riker spillway project, as provided for in this act, would warrant the designing and construction of such machinery and establish a much lower cost for moving such large quantities of earth to such great elevations, and thereby form a basis for future calculations : Therefore

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to prevent all unnecessary delay in providing flood relief the chairman of the Committee on Flood Control of the House of Representatives is hereby authorized and directed to imme diately advertise and procure by bid or bids from responsible bidders the cost and the time required for the construction of the proposed levees for the lower unit of the initial Riker spillway project as specified and described and hereinafter set forth.

SEC. 2. The plans and specifications for the construction of said levees are as follows, to wit:

The lower unit of the initial Riker spillway project will embrace and occupy a strip of land three miles wide in the forin of a rectangle, the eastern boundary line of which will extend from the center of the Southern Pacific Railroad near Franklin, Louisiana, at a point on a straight line drawn from the shore of the Gulf of Mexico at longitude ninety-one degrees and twenty-seven minutes west ; to the intersection of latitude thirty-one degrees with longitude

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