Report to Congress. Proviso. by the respective claimants and to report to Congress for its consideration the amount or amounts he may find to be equitably due such claimants, together with a statement in each case of the substantial facts upon which the conclusion is based: Provided, That all claims not presented to the Secretary of War under this provision prior presented in 30 to the expiration of thirty days from the date of the passage of this amendatory Act, shall not be considered by him and shall be forever barred." Approved, April 18, 1928. days. April 28, 1928. II. J. Res. 244.] CHAP. 453.-Joint Resolution Authorizing a modification of the [Pub. Res., No. adopted project for Oakland Harbor, California. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the project adopted in the River and Harbor Act approved January 21, 1927, for the improvement of Oakland Harbor, California, is hereby so modified as to provide that the requirement "that local interests shall alter or replace the bridges over the tidal canal when, in the opinion of the Secretary of War, such alteration or replacement is necessary in the interests of navigation, and thereafter operate and maintain them," shall apply only to that feature of the project covering the deepening of the tidal canal to twenty-five feet. Approved, April 28, 1928. CHAP. 461.-An Act Authorizing an appropriation to be expended under the provisions of section 7 of the Act of March 1, 1911, entitled "An Act to enable any State to cooperate with any other State or States, or with the United States for the protection of the watersheds of navigable streams, and to appoint a commission for the acquisition of lands for the purpose of conserving the navigability of navigable rivers," as amended. 23.] Vol. 45, p. 467. Oakland, Calif. Harbor project modified. Vol. 44, p. 1014. April 30, 1928. [S. 1181.] [Public, No. 326.] Vol. 45, p. 468. Conservation of Purchase of lands for. Vol. 36, p. 962; 38, p. 441; Vol. 43, p. 653. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated, out navigable waters. of any money in the United States Treasury not otherwise appropriated, to be expended under the provisions of section 7 of the Act of March 1, 1911 (Thirty-sixth vol. Statutes, page 961), as amended by the Acts of March 4, 1913 (Thirty-seventh Statutes, page 828), June 30, 1914 (Thirty-eighth Statutes, page 441), and the Act of June 7, 1924 (Public, 270), available July 1, 1928, $2,000,000; available July 1, 1929, $3,000,000; available July 1, 1930, $3,000,000; in all for this period, $8,000,000, to be available until expended: Provided, That, except for the protection of the headwaters of navigable streams any one State. or the control and reduction of floods therein, no lands shall be purchased under the appropriations herein authorized in excess of one million acres in any one State. Approved, April 30, 1928. able for 1928, 1929, and 1930. Amounts avail Proviso. CHAP. 473.-An Act To provide for the conservation of fish, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Department of Commerce be, and it is hereby, authorized to study, investigate and determine the best means and methods of preventing the destruction of fish occasioned by ditches, canals, and other works constructed or maintained by the United States; and for this purpose such sums of money as may be necessary, not exceeding in the aggregate $25,000 are hereby authorized to be expended out of any money in the Treasury not otherwise appropriated. Approved, May 1, 1928. May 15, 1928. [S. 3740.] [Public, No. 391. Vol.45, p. 534.j Floods on Mis sissippi River, etc. plan of Chief of trol of, etc., adopt ed and authorized Engineering Engineers for con to be prosecuted. Provisos. Board created, composition. CHAP. 569.-An Act For the control of floods on the Mississippi River and its tributaries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the project for the flood control of the Mississippi River in its alluvial valley and for its improvement from the Head of Passes to Cape Girardeau, Missouri, in accordance with the engineering plan set forth and recommended in the report submitted by the Chief of Engineers to the Secretary of War dated December 1, 1927, and printed in House Document Numbered 90, Seventieth Congress, first session, is hereby adopted and authorized to be prosecuted under the direction of the Secretary of War and the supervision of the Chief of Engineers: Provided, That a board to consist of the Chief of Engineers, the president of the Mississippi River Commission, and a civil engineer chosen from civil life to be appointed by the President, by and with the advice and consent of the Senate, whose compensation shall be fixed by the President and be paid out of the appropriations made to carry on this project, is hereby created; and such board is authorized and directed to consider tween adopted the engineering differences between the adopted project Mississippi and the plans recommended by the Mississippi River River Commis Commission in its special report dated November 28, 1927, and after such study and such further surveys as may be necessary, to recommend to the President such action as it may deem necessary to be taken in respect to President on rec- such engineering differences and the decision of the Board to be fol- President upon all recommendations or questions submitted to him by such board shall be followed in carrying out the project herein adopted. The board shall not have any power or authority in respect to such project of except as hereinbefore provided. Such project and the project by Mis- changes therein, if any, shall be executed in accordance with the provisions of section 8 of this Act. Such surveys shall be made between Baton Rouge, Louisiana, and Cape Differences be project and plans of sion to be considered by. Decision of the ommendations of lowed. Limit on power of board. Execution sissippi River Surveys, between Baton Cape Rouge, La., and before undertak ing flood control Girardeau other than levees. Protection of adjacent lands by diversion works, etc. floodways, etc., to be protected pend Areas within Girardeau, Missouri, as the board may deem necessary to enable it to ascertain and determine the best method of securing flood relief in addition to levees, before any flood-control works other than levees and revetments are undertaken on that portion of the river: Provided, That all diversion works and outlets constructed under the provisions of this Act shall be built in a manner and of character which will fully and amply protect the adjacent lands: Provided further, That pending completion of any floodway, spillway, or diversion channel, the areas within the same shall be given the same degree of protection as is afforded by levees on the west side of the river contiguous to the levee at the head of said floodway, but nothing herein shall prevent, postpone, delay, or in anywise interfere with the execution of that part of the project with project on on the east side of the river, including raising, strengthen- east side of the ing, and enlarging the levees on the east side of the river. Sum authorized The sum of $325,000,000 is hereby authorized to be to be appropri appropriated for this purpose. All unexpended balances of appropriations heretofore made for prosecuting work of flood control on the Mississippi River in accordance with the provisions of the Flood Control Acts approved March 1, 1917, and March 4, 1923, are hereby made available for expenditure under the provisions of this Act, except section 13. ing completion. No interference river. ated. Unexpended balances for Misflood control avail sissippi River able. Vol. 39, p. 948; Vol. 42. p. 1505. Exception. Local contribution toward cost of flood control declareda principle. sound Considerations for not requiring project. SEC. 2. That it is hereby declared to be the sense of Congress that the principle of local contribution toward the cost of flood-control work, which has been incorporated in all previous national legislation on the subject, is sound, as recognizing the special interest of the local population in its own protection, and as a means of preventing inordinate requests for unjustified items of work having no material national interest. As a full compliance with this principle in view of the great it for adopted expenditure estimated at approximately $292,000,000, heretofore made by the local interests in the alluvial tures made by local invalley of the Mississippi River for protection against the terests, national floods of that river; in view of the extent of national of the flood, giconcern in the control of these floods in the interests of gantic scale of the national prosperity, the flow of interstate commerce, and the movement of the United States mails; and, in view of the gigantic scale of the project, involving flood waters of a volume and flowing from a drainage area largely outside the States most affected, and far exceeding those of any other river in the United States, no local contribution to the project herein adopted is required. concern in control project, etc. Assurances required of States, before ex penditure on any SEC. 3. Except when authorized by the Secretary of War upon the recommendation of the Chief of Engineers, etc., no money appropriated under authority of this Act shall be expended on the construction of any item of the ect. project until the States or levee districts have given assurances satisfactory to the Secretary of War that they control works after completion. Maintain flood will (a) maintain all flood-control works after their completion, except controlling and regulating spillway structures, including special relief levees; maintenance includes normally such matter as cutting grass, removal of weeds, local drainage, and minor repairs of main river levees; (b) agree to accept land turned over to them under the provisions of section 4; (c) provide without cost to the United States, all rights of way for levee foundations and levees on the main stem of the Mississippi River between Cape Girardeau, Missouri, and the Head of Passes. Accept lands turned over to them. Provide right of way for levees, etc., on main river from Cape Girar deau to Head of Passes. No Federal liability for flood damages. Proviso. Land or flowage rights to be acees not practica quired where lev subject to over flow, but are not now subject there to by levees on opposite bank. No liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place: Provided, however, That if in carrying out the purposes of this Act it shall be found that upon any stretch of the banks of the Mississippi River it is ble, and and lands impracticable to construct levees, either because such construction is not economically justified or because such construction would unreasonably restrict the flood channel, and lands in such stretch of the river are subjected to overflow and damage which are not now overflowed or damaged by reason of the construction of levees on the opposite banks of the river it shall be the duty of the Secretary of War and the Chief of Engineers to institute proceedings on behalf of the United States Government to acquire either the absolute ownership of the lands so subjected to overflow and damage or floodage rights over such lands. Flowage rights for additional caused by divert ing main river channel. Proviso. SEC. 4. The United States shall provide flowage rights flood waters for additional destructive flood waters that will pass by reason of diversions from the main channel of the Mississippi River: Provided, That in all cases where the execuConsideration tion of the flood-control plan herein adopted results in benefits to property such benefits shall be taken into consideration by way of reducing the amount of compensation to be paid. of resulting benefits. Proceedings in district courts to condemn lands needed for proj ect. Assessment value. The Secretary of War may cause proceedings to be instituted for the acquirement by condemnation of any lands, easements, or rights of way which, in the opinion of the Secretary of War and the Chief of Engineers, are needed in carrying out this project, the said proceedings to be instituted in the United States district court for of the district in which the land, easement, or right of way is located. In all such proceedings the court, for the purpose of ascertaining the value of the property and assessing the compensation to be paid, shall appoint three commissioners, whose award, when confirmed by reasonable price. the court, shall be final. When the owner of any land, easement, or right of way shall fix a price for the same which, in the opinion of the Secretary of War is reasonable, he may purchase the same at such price; and the ac- Secretary of War is also authorized to accept donations of lands, easements, and rights of way required for this Purchase from owner fixing a Donations cepted. Condemnation procedure. Vol. 40, p. 911. project. The provisions of sections 5 and 6 of the River and Harbor Act of July 18, 1918, are hereby made applicable to the acquisition of lands, easements, or rights of way needed for works of flood control: Provided, That any land acquired under the provisions of this section given to ownershall be turned over without cost to the ownership of States or local interests. Proviso. etc. of States, cies to assist in preparing Mapping agen sary maps. neces Payment for funds for flood work heretofore Application of authorized, and not included on present project. SEC. 5. Subject to the approval of the heads of the several executive departments concerned, the Secretary of War, on the recommendation of the Chief of Engineers, may engage the services and assistance of the Coast and Geodetic Survey, the Geological Survey, or other mapping agencies of the Government, in the preparation of maps required in furtherance of this project, services. and funds to pay for such services may be allotted from appropriations made under authority of this Act. SEC. 6. Funds appropriated under authority of section 1 of this Act may be expended for the prosecution of such works for the control of the floods of the Mississippi River as have heretofore been authorized and are not included in the present project, including levee work on the Mississippi River between Rock Island, Illinois, and Cape Girardeau, Missouri, and on the outlets and tributaries of the Mississippi River between Rock Island and Head of Passes in so far as such outlets or tributaries are affected by the backwaters of the Mississippi: Provided, That such work on the Mississippi River between Rock Island, Illinois, and Cape Girardeau, Missouri, and etc., on such tributaries, the States or levee districts shall provide rights of way without cost to the United States, contribute 33% per centum of the costs of the works, and maintain them after completion: And provided further, That not more than $10,000,000 of the sums authorized in section 1 of this Act, shall be expended under the provisions of this section. Levces specified. Prorisos. Share in costs. of rights of way, etc., by States, between Rock Island and Cape Girardeau, etc. Expenditure limited. Funds in emer if State, etc., un- In an emergency, funds appropriated under authority geney for mainteof section 1 of this Act may be expended for the main-nance of a levee, tenance of any levee when it is demonstrated to the able to do so. satisfaction of the Secretary of War that the levee can. not be adequately maintained by the State or levee district. SEC. 7. That the sum of $5,000,000 is authorized to be appropriated as an emergency fund to be allotted by the Secretary of War on the recommendation of the Chief of Engineers, in rescue work or in the repair or maintenance of any flood-control work on any tributaries of the Mississippi River threatened or destroyed by flood including the flood of 1927. SEC. 8. The project herein authorized shall be prosecuted by the Mississippi River Commission under the direction of the Secretary of War and supervision of the Chief of Engineers and subject to the provisions of this Act. It shall perform such functions and through such agencies as they shall designate after consultation and Emergency fund authorized in rescue work, etc.. on tributaries subject to Post, p. 930. River Commission to prosecute project. Mississippi |