Public Law 75–877

That the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved June 22, 1936, is hereby amended by adding a third paragraph reading as follows under the heading “Ohio River Basin” in section 5:

“Levees,

Ohio River Basin.

Levees, floodwalls, and drainage structures.

floodwalls, and drainage structures: Construction of levees, floodwalls, and drainage structures for the protection of cities and towns in the Ohio River Basin, the projects to be selected by the Chief of Engineers with the approval of the Secretary of War, in accordance with the report of the Chief of Engineers in House Committee on Flood Control Document Numbered 1, Seventy-fifth Congress, first session, at a cost not to exceed $24,877,000 for construction which is hereby authorized to be appropriated for this purpose: Provided, That the protection for Pittsburgh, Pennsylvania, is to be

Provisos.

Pittsburgh interpreted as metropolitan district.

Local cooperation requirement.

Waiver, if unable to comply.

interpreted as applying to the metropolitan district of Pittsburgh: Provided further, That the local cooperation required by section 3 is complied with: Provided further, That if, after investigation, the President finds that any city or town is, by reason of its financial condition, unable to comply with the requirements of section 3 as to local cooperation, he is hereby authorized to waive such requirements on any individual project not to exceed 50 per centum of the estimated costs of the lands, easements, and rights-of-way: Provided further, That any funds appropriated for the fiscal year 1938 to

Use of relief labor.

carry out the provisions of the Flood Control Act of June 22, 1936, may be used for plant, material, supervisory, and skilled services necessary in the execution of the projects authorized herein, with relief labor furnished under the provisions of the Emergency Relief

Ante, p. 352.

Appropriation Act of 1937.

Sec. 2.

That the Secretary of War is hereby authorized to approve

Removal of debris, etc.

the expenditure of not to exceed $300,000 per year, from any appropriations heretofore or hereafter made for flood control, in removing accumulated snags and other debris and clearing of channels in navigable streams and tributaries thereof when in the opinion of the Chief of Engineers such work is advisable in the interest of flood control: Provided, That not more than $25,000 shall be expended

Proviso.

Restriction.

for this purpose on any single stream in any one year.

Sec. 3.

That, in order to further the declaration of policy and

Surveys for soil-erosion prevention, etc., authorized.

49 Stat. 1570.

principles declared in sections 1 and 2 of the Flood Control Act approved June 22, 1936, and to supplement the preliminary examinations and surveys which the Secretary of War has heretofore been authorized and directed to make of waterways with a view to the control of their floods, the Secretary of Agriculture be, and he is hereby, authorized and directed to cause preliminary examinations and surveys to be made for run-off and water-flow retardation and soilerosion prevention on the watersheds of said waterways, the costs thereof to be paid from appropriations heretofore or hereafter made for such purposes.

Sec. 4.

That section 3 of the Act entitled “An Act authorizing the

State, etc., cooperation.

49 Stat. 1571.

construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved June 22, 1936, is hereby amended by adding the following subsection (d):

“As a condition to the extending of any benefits, in prosecuting

Conditions to extension of benefits.

measures for run-off and water-flow retardation and soil erosion prevention authorized by Act of Congress pursuant to the policy declared in this Act, to any lands not owned or controlled by the United States or any of its agencies, the Secretary of Agriculture may, insofar as he may deem necessary for the purposes of such Acts, require—

“(1)“(1)

The enactment and reasonable safeguards for the enforcement

Local restrictions for prevention of erosion, etc.

of State and local laws imposing suitable permanent restrictions on the use of such lands and otherwise providing for run-off and water-flow retardation and soil-erosion prevention;

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“(2)“(2)

Agreements or covenants as to the permanent use of such

Agreements as to permanent use of lands.

Contributions to operations.

lands: and

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“(3)“(3)

Contributions in money, services, materials, or otherwise to any operations conferring such benefits.”

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Sec. 5.

That section 6 of the Act entitled “An Act authorizing the

Preliminary flood control examinations; additions.

49 Stat. 1592.

construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved June 22, 1936, is hereby

Preliminary flood-control examinations; additions—Contd.

amended by adding to the list of localities at which preliminary examinations and surveys are authorized to be made the following names:

“Connecticut and Chicopee Rivers. “Pawtuxet River, Rhode Island. “Conewango Creek and Davis Brook in Chautauqua County and Cattaraugus County, New York. “Battenkill, New York. “Mettawee River, New York. “Ilion, Steel Creek, New York. “Delaware River. “Youghiogheny River watershed above Dawson, Pennsylvania. “North Branch of Potomac River and its tributaries in the vicinity of Keyser, West Virginia. “Kissimmee River Valley and its tributaries, Florida. “Estero River, Imperial River, Corkscrew River (Horse Creek), Gordon River, Rock Creek, Hendry Creek, Mulock Creek, and Six Mile Cypress Slough, all in Florida. “Quiver River, Mississippi. “Sunflower River, Mississippi. “Clarksville, Memphis, and Nashville, Tennessee, with a view to submitting comprehensive plans for flood protection to Congress. “Dugdemonia Bayou, Louisiana. “Boeuf River, Catahoula, Franklin, Caldwell, Richland, West Car- roll, and Morehouse Parishes, Louisiana. “Bayou Macon, Franklin, Madison, Richland, East Carroll, and West Carroll Parishes, Louisiana. “Ouachita River and tributaries, Louisiana. “San Jacinto River, and its tributaries, in Montgomery, Walker, San Jacinto, Grimes, Waller, Liberty, and Harris Counties, Texas. “Brazos River and its tributaries, Texas. “Saline River, Arkansas. “ ‘The Narrows’ on Fourche La Fave River in Scott County, Arkansas. “Walnut Bayou in Little River County, Arkansas. “Illinois Bayou, Pope County, Arkansas. “Big Piney Creek in Pope and Johnson Counties, Arkansas. “Fourche La Fave River, in Perry, Yell, and Scott Counties, Arkansas. “Palarm Creek, a tributary of the Arkansas River, in Faulkner and Pulaski Counties, Arkansas. “Bayou Meto Basin, a tributary of the Arkansas River in the State of Arkansas. “Sulphur River, Arkansas. “Poteau River, Arkansas. “Grand (Neosho) River and its tributaries, Oklahoma, Kansas, Missouri, and Arkansas. “Platte River in the vicinity of Schuyler, Nebraska. “Little Osage River, Kansas. “Yellowstone River, Montana. “Arkansas River in Sequoyah and Haskell Counties, Oklahoma. “Sans Bois Creek in Haskell and Latimer Counties, Oklahoma. “North Canadian River, Oklahoma and Texas. “South Canadian River, Oklahoma. “Cimarron River, Oklahoma and Kansas. “Beaver River, Oklahoma. “Washita River, Oklahoma. “Fountaine Que Bouille (Fountain) River and its tributaries, Colorado. “Cherry Creek and its tributaries, Colorado. “Mississippi River and tributaries in Memphis and Shelby County, Tennessee. “Wyaconda River in Clark and Lewis Counties, Missouri. “South Fabius River in northeast Missouri. “Chariton River in Schuyler County, Missouri. “Galena River (Fever River) in Illinois and Wisconsin. “Floyd River, Iowa. “Little Sioux River, Iowa. “Cedar River, Iowa. “Chariton River, Iowa. “Iowa River, Iowa. “Boyer River, Iowa. “Turkey River, Iowa. “Nishnabotna River, Iowa. “Bureau Creek and tributaries, Illinois. “Illinois River and the Fox River at Ottawa, Illinois. “Mackinaw River, Illinois. “Kickapoo River, Wisconsin. “Gilmore Creek, Winona County, Minnesota. “Root River, Fillmore, Mower, Olmsted, Winona, and Houston Counties, Minnesota. “Zumbro River and the Whitewater River in southeastern Minnesota. “White River, South Dakota. “Keyapaha River, South Dakota. “Bad River from Philip to Fort Pierre, South Dakota. “Flathead River and tributaries in Flathead County, Montana. “Kiskiminitas River, Pennsylvania. “Kiskiminitas and Conemaugh Rivers and their tributaries, Pennsylvania. “Tygart River and tributaries in the vicinity of Elkins, West Virginia. “Buckhannon River and Middle Fork River and their tributaries in the vicinity of Buckhannon, West Virginia. “Cumberland River and its tributaries in the vicinity of Nashville, Tennessee. “Cumberland River and its tributaries in the vicinity of Clarksville, Tennessee. “Girtys Run, in Allegheny County, Pennsylvania. “Clinton River, Michigan. “Scioto and Sandusky Rivers and their tributaries, Ohio. “Mill Creek Valley in Cincinnati, Ohio. “Bill Williams River, Arizona. “Big Sandy River, in Arizona, from the junction of Trout Creek and Knight Creek on the north to the Bill Williams River on the south. “Gila River, in Arizona, from Gillespie Dam downstream to a point near Wellton. “Little Colorado River and its tributaries upstream from the boundary of the Navajo Indian Reservation in Arizona. “Santa Ana River and tributaries, California. “Santa Ana River and Banning Canyon in counties of San Bernardino and Riverside, California. “Mojave River, in the county of San Bernardino, California. “Lytle Creek, Waterman Canyon, in the county of San Bernardino, California. “San Jacinto River and Bautiste Creek in the county of Riverside, California. “Santa Clara River, California. “Salinas River, California. “Cucamonga Creek, Deer Creek, San Antonio Creek, and Chino Creek, California. “Arroyo Grande Creek in the county of San Luis Obispo, California. “Whitewater River, California. “Alameda and San Lorenzo Creeks and their tributaries, California. “Pajaro River, California. “Russian River, California. “Santa Maria River, California. “Ventura River, Ventura County, California. “Willow Creek, Oregon. “Nestucca River and its tributaries, Oregon. “Chetco River and tributaries, Oregon. “Smith River and tributaries, Oregon. “Alsea River and tributaries, Oregon. “Clatskanie River and tributaries, Oregon. “Sandy River and tributaries, Oregon. “Deschutes River and tributaries, Oregon. “Klamath River and tributaries, Oregon. “Malheur River and tributaries, Oregon. “Owyhee River and tributaries, Oregon. “Burnt River and tributaries, Oregon. “Powder River and tributaries, Oregon. “Grande Ronde River and tributaries, Oregon. “Whatcom Creek at Bellingham, Washington. “North and South Forks of the Skagit River from Mount Vernon to Skagit Bay, Washington. “Lowell Creek, Alaska. “Skagway River in the vicinity of Skagway, Alaska.”

Sec. 6.

That the Chief of Engineers may, in his discretion, modify the project for the control of floods on the Yazoo River, as authorized by Public Act Numbered 678, approved June 15, 1936, to substitute therefor a combined reservoir floodway and levee plan:

Provisos.

Cost not to exceed authorisation.

Provided, That the total cost thereof does not exceed the present authorization as estimated in House Committee on Flood Control Document Numbered 1, Seventy-fourth Congress, first session:

Conditions of local cooperation specified.

Provided further, That the modified project shall be subject to the following conditions of local cooperation:

No work shall be undertaken until the States or other qualified agencies have furnished satisfactory assurances that they will—

Sec. 7.

That section 5 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved June 22, 1936, is hereby amended by adding the words “and tributaries,” after the words “Willamette River,” in the paragraph entitled “Willamette River”.

Sec. 8.

That the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved June 22, 1936, as amended by Act of Congress approved April 27, 1937, is hereby further amended to provide that, if, in the execution of the project for a reservoir system for the protection of Pittsburgh, it is found that geological and engineering conditions make it impracticable to construct a reservoir to provide protection for the city of Johnstown, Pennsylvania, flood protection shall be provided for said city by channel enlargement or other works: Provided, That the total estimated construction cost of

Proviso.

Cost limitation.

the entire project shall not be increased.

Sec. 9.

That section 5 of the Act entitled “An Act authorizing

Mississippi River.

49 Stat. 1675.

the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved June 22, 1936, is hereby amended by adding a third paragraph reading as follows, under the heading “Mississippi River”:

“Memphis, Tennessee: The construction of floodwalls, levees, and

Memphis, Tenn., flood protection.

revetments along Wolf River and Nonconnah Creek for the protection of Memphis, Tennessee, in accordance with the report on record in the office of the Chief of Engineers. Estimated construction cost, $9,000,000. Estimated cost of lands and damages, $4,324,000.”