FLOOD CONTROL ACT OF 1938

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War and the Chief of Engineers and made by them in acquiring lands, easements, and rights-of-way for any dam and reservoir project, or any channel improvement or channel rectification project for flood control heretofore or herein authorized: Provided, That no reimbursement shall be made for any indirect or speculative damages: Provided further, That lands, easements and rights-ofway shall include lands on which dams, reservoirs, channel improvements, and channel rectifications are located; lands or flowage rights in reservoirs and highway, railway, and utility relocation. (52 Stat. 1215; Act of August 11, 1939, 53 Stat. 1415; 33 U.S.C. § 701c-1)

EXPLANATORY NOTES

Reference in the Text. The Act approved June 22, 1936 (Public Law, Numbered 738, Seventy-fourth Congress), referred to in the text, is the Flood Control Act of 1936. Extracts from the Act, including section 3 referred to, appear herein in chronological order.

Reference in the Text. The Act of May 15, 1928 (Public, Numbered 391,

Seventieth Congress) as amended by the Act of June 15, 1936 (Public, Numbered 678, Seventy-fourth Congress), as amended, referred to in the text, is an act for the control of floods on the Mississippi River and its tributaries. The Act is codified in title 33, section 702a, et seq., United States Code.

Sec. 3. [Evacuation of areas to reduce project costs.]—In any case where the construction cost of levees or flood walls included in any authorized project can be substantially reduced by the evacuation of a portion or all of the area proposed to be protected and by the elimination of that portion or all of the area from the protection to be afforded by the project, the Chief of Engineers may modify the plan of said project so as to eliminate said portion or all of the area: Provided, That a sum not substantially exceeding the amount thus saved in construction cost may be expended by the Chief of Engineers, or in his discretion may be transferred to any other appropriate Federal agency for expenditure, toward the evacuation of the locality eliminated from protection and the rehabilitation of the persons so evacuated: And provided further, That the Chief of Engineers may, if he so desires, enter into agreement with States, local agencies, or the individuals concerned for the accomplishment by them, of such evacuation and rehabilitation and for their reimbursement from said sum for expenditures actually incurred by them for this purpose. (52 Stat. 1216; 33 U.S.C. § 7011)

Sec. 4. [Projects authorized.]—

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RED RIVER BASIN

[Denison Reservoir.]-The Denison Reservoir on Red River in Texas and Oklahoma for flood control and other purposes as described in House Document Numbered 541, Seventy-fifth Congress, third session, with such modifications thereof as in the discretion of the Secretary of War and the Chief of Engineers may be advisable, is adopted and authorized at an estimated cost of $54,000,000; Provided, That in the consideration of benefits in connection with the Denison

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FLOOD CONTROL ACT OF 1938

Reservoir all benefits that can be assigned to the proposed Altus project and other such projects in Oklahoma shall be reserved for said projects.

[Lugert-Altus project.]-The Lugert-Altus Flood Control and Reclamation Reservoir located on the North Fork of the Red River in Oklahoma, is hereby authorized for construction at an estimated cost of $2,497,000, on the following basis as to a division of the cost of construction:

(a) The Chief of Engineers shall report to the President on or before November 1, 1938, the value of said Lugert Reservoir as a flood control works, and the value so reported shall be the maximum amount herein authorized to be appropriated as a charge against any funds appropriated and available for the construction for flood control projects.

(b) The remainder of the estimated cost of such Lugert Reservoir, namely, the estimated total cost of the reservoir, less the amount reported by the Chief of Engineers as the value of said reservoir as a flood control project, is also hereby authorized to be appropriated out of the special fund in the Treasury of the United States created by the Act of June 17, 1902 (43 U.S.C. 391, 411), and therein designated "the reclamation fund" for the construction of said Lugert Reservoir for reclamation and irrigation as reported in Senate Document Numbered 153, Seventy-fifth Congress, third session, and as further authorized by the last paragraph on page 37 of Public Act Numbered 497, Seventy-fifth Congress, third session, providing that the construction of said Lugert Reservoir and Altus reclamation project shall not be undertaken until the Chief of Engineers and the Secretary of the Interior join in an agreement as to the division of cost of the construction of said reservoir as provided herein.

[Jurisdiction of Oklahoma and Texas.]-The Government of the United States acknowledges the right of the States of Oklahoma and Texas to continue to exercise all existing proprietary or other rights of supervision of and jurisdiction over the waters of all tributaries of Red River within their borders above Denison Dam site and above said dam, if and when constructed, in the same manner and to the same extent as is now or may hereafter be provided by the laws of said States, respectively, and all of said laws as they now exist or as same may be hereafter amended or enacted and all rights thereunder, including the rights to impound or authorize the retardation or impounding thereof for flood control above the said Denison Dam and to divert the same for municipal purposes, domestic uses, and for irrigation, power generation, and other beneficial uses, shall be and remain unaffected by or as a result hereof. All such rights are hereby saved and reserved for and to the said States and the people and the municipalities thereof, and the impounding of any such waters for any and all beneficial uses by said States or under their authority may be as freely done after the passage hereof as the same may now be done. (52 Stat. 1219)

EXPLANATORY NOTES

Reference in the Text. The last paragraph on page 37 of Public Act Numbered 497, Seventy-fifth Congress, third session, referred to in the text, is an item in the 1939 Interior Department Appropriation Act, approved May 9, 1938, 52 Stat. 291,

324, which is an appropriation for the Bureau of Reclamation for the conduct of investigations, including investigations in the so-called "Dust Bowl", in cooperation with the Corps of Engineers, the Farm Security Administration and other Federal agencies,

FLOOD CONTROL ACT OF 1938

of irrigation, flood control and resettlement possibilities of proposed projects, and specifically appropriates $25,000 for the investigation of the Altus project, Oklahoma, Cross Reference, Name Changed. The

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Act of May 16, 1947, 61 Stat. 99, provides that the Lugert-Altus irrigation project, Oklahoma, shall be known as the W. C. Austin project. The 1947 Act appears herein in chronological order.

WILLAMETTE RIVER BASIN

The general comprehensive plan for flood control, navigation, and other purposes in the Willamette River Basin as set forth in House Document Numbered 544, Seventy-fifth Congress, third session, is approved and for the initiation and partial accomplishment of the plan recommended for initial development in said document there is hereby authorized $11,300,000; the reservoirs and related works to be selected and approved by the Chief of Engineers. (52 Stat. 1222) EXPLANATORY NOTES

Not Codified. Extracts from section 4 shown here are not codified in the U.S. Code.

Subsequent Modifications and Authorizations. Subsequent statutory modifications and authorizations relating to the Willamette River Basin are found in the following Acts: Flood Control Act of 1941, enacted August 18, 1941, 55 Stat. 638; Flood Control Act of 1944, enacted December 22, 1944, 58 Stat. 887; Flood Control Act of 1946, enacted July 24, 1946, 60 Stat. 641; Flood Control Act of 1950, enacted May 17, 1950, 64 Stat. 168; Flood Control

Act of 1954, enacted September 3, 1954, 68 Stat. 1256; Flood Control Act of 1958, enacted July 3, 1958, 72 Stat. 300; Flood Control Act of 1960, enacted July 14, 1960, 74 Stat. 480; Flood Control Act of 1962, enacted October 23, 1962, 76 Stat. 1173; and the Act Authorizing Additional Appropriations for the Prosecution of Comprehensive Plans for Certain River Basins, enacted December 30, 1963, 77 Stat. 841.

Legislative History. H.R. 10618, Public Law 761 in the 75th Congress. H.R. Rept. No. 2353. S. Rept. No. 1868. H.R. Rept. No. 2746 (conference report).

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PARKER DAM POWER PROJECT APPROPRIATION

[Extract from] An act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1939, and for prior fiscal years, to provide supplemental appropriations for the fiscal years ending June 30, 1939, and June 30, 1940, and for other purposes. (Act of May 2, 1939, ch. 107, 53 Stat. 626.)

BUREAU OF RECLAMATION, GENERAL FUND, CONSTRUCTION

[Parker Dam power project.]—Parker Dam power project, Arizona: For continuation of construction of the Parker power plant, transmission lines, substations, and appurtenant works, fiscal years 1939 and 1940, $4,000,000, from the general fund of the Treasury, to be repaid from net revenues received under contracts made pursuant to the authority of the Act of August 30, 1935 (49 Stat. 1039). (53 Stat. 633)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Reference in the Text. The Act of August 30, 1935 (49 Stat. 1039), referred to in the text, is the Rivers and Harbors Act of 1935. Section 2 of the Act authorized construction of the Parker Dam. Section 2 has been extracted from the Act and appears herein in chronological order.

Cross Reference, Parker-Davis Project. The Act of May 28, 1954, 68 Stat. 143, au

thorized the Parker Dam power project and the Davis Dam project to be consolidated and administered as a single project to be known as the Parker-Davis project, Arizona-California-Nevada. The Act appears herein in chronological order.

Legislative History. H.R. 5219, Public Law 61 in the 76th Congress. H.R. Rept. No. 260. S. Rept. No. 257. H.R. Rept. No. 510 (conference report).

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INTERIOR DEPARTMENT APPROPRIATION ACT, 1940

[Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1940, and for other purposes. (Act of May 10, 1939, ch. 119, 53 Stat. 685)

[Kendrick project-Power revenues.]-Kendrick project, Wyoming: Not to exceed $100,000 from the power revenues shall be available during the fiscal year 1940, for the operation and maintenance of the power system; (53 Stat. 715)

[Boulder Canyon project-Payment to Boulder City School District.]— Boulder Canyon project: . . . there shall also be available from power and other revenues not to exceed $550,000 for operation and maintenance of the Boulder Canyon Dam, power plant, and other facilities, including payment to the Boulder City School District, as reimbursement for instruction during the 1938–1939 and 1939-1940 school years in the schools operated by said district of each pupil who is a dependent of any employee of the United States living in or in the immediate vicinity of Boulder City, in the sum of $45 per semester per pupil in average daily attendance at said schools, payable after the term of instruction in any semester has been completed, under regulations to be prescribed by the Secretary of the Interior, and in addition thereto the sum of $25,000 shall be available from such revenues for the construction of school buildings; . . . (53 Stat. 718)