Flood Control Act of 1944

NOTE: This public law only includes the parts that are pertinent to the Missouri River.

PUBLIC LAW 78-534 as passed DEC. 22, 1944

An Act.

Authorizing the construction of certain public works on rivers and harbors for 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, in connection with the exercise of jurisdiction over the rivers of the Nation through the construction of works of improvement, for navigation or flood control, as herein authorized, it is hereby declared to be the policy of the Congress to recognize the interests and rights of the States in determining the development of the watersheds within their borders and like-wise their interests and rights in water utilization and control, as herein authorized to preserve and protect to the fullest possible extent established and potential uses, for all purposes, of the waters of the Nation's rivers; to facilitate the consideration of projects on a basis of comprehensive and coordinated development; and to limit the authorization and construction of navigation works to those in which a substantial benefit to navigation will be realized there from and -which can be operated consistently with appropriate and economic use of the waters of such rivers by other users.

In conformity with this policy:

(a) Plans, proposals, or reports of the Chief of Engineers, War Department, for any works of improvement for navigation or flood control not heretofore or herein authorized, shall be submitted to the Congress only upon compliance with the provisions of this paragraph (a). Investigations- which form the basis of any such plans, proposals, or reports shall be conducted in such a manner as to give to the affected State or States, during the course of the investigations, information developed by the investigations and also opportunity for consultation regarding plans and proposals, and to the extent deemed practicable by the Chief of Engineers, opportunity to cooperate in the investigations. If such investigations in whole or part are concerned with the use or control of waters arising west of the ninety seventh meridian, the Chief of Engineers shall give to the Secretary of the Interior, during, the course of the investigations, information developed by the investigations and also opportunity for consultation regarding plans and proposals, and to the extent deemed practicable by the Chief of Engineers, opportunity to cooperate in the investigations. The relations of the Chief of Engineers with any State under this paragraph (a) shall be with the Governor of the State or such official or agency of the State as the Governor may designate. The term "affected state or States" shall include those in which the works or any part thereof are proposed to be located; those which in whole or part are both within the drainage basin involved and situated in a State lying wholly or in part " west of the ninety-eighth meridian; and such of those which are east of the ninety-eighth meridian as, in the judgment of the Chief of Engineers, will be substantially affected. Such plans, proposals, or report; and related investigations shall be made to the end, among other things, of facilitating the coordination of plans for the construction and operation of the proposed works with other plans involving the waters which would be used or controlled by such proposed works. Each report submitting any such plans or proposals to the Congress shall set out therein, among other things, the relationship between the plans for construction and operation of the proposed works and the plans, if any, submitted by the affected States and by the Secretary of the Interior. The Chief of Engineers shall transmit a copy of his proposed report to each affected State and, in case the plans or proposals covered by the report are concerned with the use or control of waters which rise in whole or in part west of the ninety-seventh meridian, to the Secretary of the Interior. Within ninety days from the date of receipt of said proposed report, the written views and recommendations of each affected State and of the Secretary of the Interior may be submitted to the Chief of Engineers. The Secretary of War shall transmit to the Congress, with such comments and recommendations as he deems appropriate the proposed report together with the submitted views and recommendations of affected States and of the Secretary of the Interior. The Secretary of War may prepare and make said transmittal any time following said ninety-day period. The letter of transmittal and its attachments shall be printed as a House or Senate document.

(b) The use for navigation, in connection with the operation and maintenance of such works herein authorized for construction, of waters arising in States lying wholly or partly west of the ninety eighth meridian shall be only such use as does not conflict with any beneficial consumptive use, present or future, in States lying wholly or partly west of the ninety eighth meridian, of such waters for municipal, stock water, domestic, irrigation, mining, or industrial purposes.

(c) The Secretary of the Interior, in making investigations of and reports on works for irrigation and purposes incidental thereto shall, in relation to an affected State or States (as defined in paragraph (a) of this section), and to the Secretary of War, be subject to the same provisions regarding investigations, plans, proposals, and reports as prescribed in paragraph (a) of this section for the Chief of Engineers and the Secretary of War pursuant to said provisions, sets forth objections to the plans or proposals covered by the report of the Sec. Of the proposed works shall not be deemed authorized exectp0 upon approval by an Act of congress; and subsection 9 (a) of the Reclamation Project Act of 1939 (53 Stat. 1187) and subsection 3 (a) of the Act of August 11, 1939 (53 Stat. 1418), as amended, are hereby amended accordingly.

Sec. 2. That the words 'flood control" is used in section I of the Act of June 22, 1936, shall be construed to include channel and major drainage improvements, and that hereafter Federal investigations and improvements of rivers and other-waterways for flood control an allied purposes shall be under the jurisdiction of and shall be prosecuted by, the War Department under the direction of the Secretary of War and supervision of the Chief of Engineers, and Federal investigations of watersheds and measures for run-off and water flow retardation and soil-erosion prevention on watersheds shall be under the jurisdiction of and shall be prosecuted by the Department of Agriculture under the direction of the Secretary of Agriculture except as otherwise provided by Act of Congress.

Sec. 3. That section 3 of the Act -approved June 22, 1936 (Public Numbered 738, Seventy-fourth Congress), as amended by section of the Act approved June 28, 1938 (-Public, Numbered 761. Seventy fifth Congress), shall apply to all works authorized in this Act except that for any channel improvement or channel rectification project provisions (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 year from the date on which local interests are notified in writing by the War Department of the requirements of local cooperation, unless said interests shall within said time furnish assurances satisfactory to the Secretary of War that the required cooperation will furnished.

SEC. 4. The Chief of Engineers, under the supervision of the Secretary of War, is authorized to construct, maintain, and operate public park and recreational facilities in reservoir areas under the control of the War Department, and to permit the construction maintenance, and operation of such facilities. The Secretary of War is authorized to grant leases of lands, including structure or facilities thereon, in reservoir areas for such periods and upon such terms as he may deem reasonable: Provided, That preference shall be given to Federal, State, or local governmental agencies, and licenses may be granted without monetary consideration, to such agencies for the use of areas suitable for public park and recreational purposes when the Secretary of War determines such action to be the public interest. The water areas of all such reservoirs shall be open to public use generally, without charge, for boating, swimming, fishing, and other recreational purposes, and ready access to and from such water areas alone, the shores of such reservoirs shall be maintained for general public use, when such use is determined by the Secretary of War not to be contrary to the public interest, all under such rules and regulations as the Secretary of war may deem necessary. No use of any area to which this section applies shall be permitted which is inconsistent -with the laws for the protection of fish and game of the State in which such area s situated. All moneys received for leases or privileges shall be deposited in the Treasury of the United States as miscellaneous receipts.

Sec. 5. Electric power and energy generated at reservoir projects; under the control of the War Department and in the opinion of the secretary of War not required in the operation of such projects shall be delivered to the Secretary of the Interior, who shall transmit and dispose of such power and energy in such manner as to encourage the most widespread use thereof at the lowest possible rates to consumers consistent with sound business principles, the rate schedules to become effective upon confirmation and approval by the Federal Power Commission. Rate schedules shall be drawn having regard to the recovery (upon the basis of the, application of such rate schedules to the capacity of the electric facilities of the projects) of the cost of producing and transmitting such electric energy, including the amortization of the capital investment allocated to power over a reasonable period of years. Preference in the sale of such power and energy shall be given to public bodies and cooperatives. The Secretary of the Interior is authorized, from funds to be appropriated by the Congress, to construct or acquire, by purchase or other agreement, only such transmission lines and related facilities as may be necessary in order to make the power and energy generated at said projects available in wholesale quantities ,for sale on fair and reasonable terms and conditions to facilities owned by the Federal Government, public bodies, cooperatives, and privately owned companies. All moneys received from such sales shall be deposited in the Treasury of the United States as miscellaneous receipts.

Sec. 6. That the Secretary of War is authorized to make contracts with States, municipalities, private concerns, or individuals, at such prices and on such terms as he may deem reasonable, for domestic and industrial uses for surplus water that may be available at any reservoir under the control of the War Department: Provided, That no contracts for such water shall adversely affect then existence lawful uses of such water. All moneys received from such contracts shall be deposited in the Treasury of the United States as miscellaneous receipts.

Sec. 7. Hereafter, it shall be the duty of the Secretary of War to prescribe regulations for the use of storage allocated for flood control or navigation at all reservoirs constructed wholly or in part with Federal funds provided on the basis of such purposes, and the operation of any such project shall be in accordance with such regulations: Provided, That this section shall not apply to the Tennessee Valley Authority, except that in case of danger from floods on the Lower Ohio and Mississippi Rivers the Tennessee Valley Authority is

SEC. 8. Hereafter whenever the Secretary of War determines upon recommendation by the Secretary of the Interior that a dam and reservoir project operated under the direction of the Secretary of War may be utilized for irrigation purposes, the Secret of the Interior is authorized to construct operate, and maintain under the provisions of the Federal reclamation laws (Act of J 171 19025 32 Stat. 388, and Acts amendatory thereof or supplement thereto), such additional works in connection therewith as he deem necessary for irrigation purposes. Such irrigation, works may be undertaken only after a report and findings thereon have been made by the Secretary of the Interior as provided in said Federal reclamation laws and after subsequent specific authorization of Congress by an authorization Act; and, within the limits of water users repayment ability such report may be predicated on allocation to irrigation of an appropriate portion of the cost of structures and facilities used for irrigation and other purposes. Dams and reservoirs operated under the direction of the secretary of war may be utilized hereafter for irrigation purposes only in conformity with the provisions of this section, but the foregoing requirement shall not prejudice lawful uses now existing: Provided, that this section shall not apply to any dam or reservoir heretofore constructed in whole or in part by the Army engineers, which provides conservation storage of water for irrigation purposes.

SEC. 9 (a) The general comprehensive plans set forth in House Document 475 and Senate Doc. 191, 78th Congress, 2nd session, as revised and coordinated by Senate Doc. 247, 78th Cong. 2nd session, are hereby approved and the initial stages recommended are hereby authorized and shall be prosecuted by the War Dept. and the Dept. of the Interior as speedily as may be consistent in budgetary requirements.

(b) The general comprehensive plan for flood control and other purposes in the Missouri River Basin approved by the Act of June 28, 1938 as modified by subsequent acts, is hereby expanded to include the works referred to in paragraph (a) to be undertaken by the War Dept; and said expanded plan shall be prosecuted under the direction of the Secretary of War and supervision of the Chief of Engineers.

(c) Subject to the basin wide findings and recommendations regarding the benefits, the allocations of costs and the repayments by water users, made in said House and Senate documents, the reclamation and power developments to be undertaken by the Secretary of the Interior under said plans shall be governed by the Federal Reclamation Laws, (Act of June 17, 1902, 32 Stat. 388, and Acted amendatory therefore and supplementary thereto), except that irrigation of Indian trust and tribal lands, and repayment therefore, shall be in accordance with the laws relating to Indian lands.

(d) In addition to previous authorization there is hereby authorized to be appropriated the sum of $200,000,000.00 for the partial accomplishment of the works to be under taken under the said expanded plans by the Corps of Engineers.

(e) The sum of $200,000,000.00 is hereby authorized to be appropriated for the partial accomplishment of the works to be undertaken under said plans by the Secretary of the Interior.

SEC. 10 That the following works of improvement for the benefit of navigation and control of the destructive flood waters and other purposes are hereby adopted and authorized in the interest of national security and with the view toward providing an adequate reservoir of useful and worthy public works to the post war construction program to be prosecuted under the direction of the Sec. of War 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, specification, and preliminary work may be prosecuted on any project authorized in this act to be construct ct by the War Dept. during the war, with funds from appropriations heretofore and hereafter made for flood control, so as to be ready for rapid inauguration of a post war program of construction; provided further, that when the existing critical situation with respect to materials, equipment, and manpower no longer exists, and in any event no later than immediately following the cessation of hostilities in the present war, the project herein shall be initiated as expeditiously and prosecuted as vigorously as may be consistent with budgetary requirements; and provided further, that penstocks and other facilities adapted to possible future use in the development of hydro electric power shall be installed in any dam authorized in this act for construction by the War Dept. when approved by the Secretary of War on the recommendation of the Chief of Engineers and the Federal Power Commission.

MISSOURI RIVER BASIN

The project adopted by the act of June 22, 1936 to provide flood protection to Kansas City, KS and MS, is hereby modified and extended to provide for improvement substantially in accordance with the recommendation of the Chief of Engineers in House doc. 342, 78th Cong. first session, at an estimated additional cost for ht he modified project of $8,445,000.00.

In addition to previous authorizations, there is hereby authorized the completion of the plan approved in the Act of August 18, 1941, for Cherry Creek and Tributaries, Colorado, an estimated cost of $7,500,000.

The project on the Knife River for local flood control at Beulah, ND is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in the House Doc.

The project on the Knife River for local flood control at Hazen, ND is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in the House Doc.

The project on Milk River adopted by the Act of June 22, 1936 to provide local flood protection at Harlem, Montana, is hereby modified substantially in accordance with the recommendations of the Chief of Engineers.

The project on Milk River to provide local flood protection at Havre, Montana, is hereby modified substantially in accordance with the recommendations of the Chief of Engineers.

The project on Boyer River to provide local flood control on East Fork at Denison, Iowa, , is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers.

The project on Nishnabotna River to provide local flood control on Hamburg, Iowa, , is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers.

The plan of improvement for local flood protection on the Charlton River, Missouri is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers.

The project on Bear Creek to provide local flood control on Morrison, Colorado, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers.

EDITORS NOTE: The remaining sections are for many other rivers across the United States.

SEC. 14. That the balance remaining fro the authorization of $10,000,000 provided in section 7 of the Flood control Act approved June 28, 1938 for the five year period ending June 30, 1944 to correlate the program for the improvement of watersheds by the Department of Agriculture for measures of run off and water flow retardation and soil erosion prevention on the watersheds with the program for the improvement of rivers and other waterways by the Department of war is hereby reauthorized to be expended during the post war period by the Dept. of Ag. for the prosecution of the work authorized in section 13 of this Act: Provided that not more than 20 per cent of the authorization made available herein shall be expended on any one project.

SEC. 15 That section 7 of the act of June 28, 1938 is hereby amended by adding at the end o f the first sentence thereof the following; "The Sec. of Ag. is hereby authorized in his discretion to undertake such emergency measure for the run off retardation and soil erosion prevention as may be needed to safeguard lives and property from floods and the products of erosion on any watershed whenever fire or any other natural element or force that has caused a sudden impairment of that watershed, provided that not to exceed $100,000 out of any funds heretofore or hereafter appropriated for the prosecution by the Sec.. of Ag. of works of improvement or measures for run off and water flow retardation and soil erosion prevention on watersheds may be expended during any one fiscal year for such emergency measures.

Approved Dec 22, 1944

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