Appendix D

1917 Flood Control Act 

Sixty-Fourth Congress, Sess. II. Ch. 144. 1917

Chap. 144. - An Act to provide for the control of the floods of the Mississippi River and of the Sacramento River, Calif., and for other 

purposes.

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

the floods of the Mississippi River and continuing its improvement from the Head of Passes and the mouth of the Ohio River the 

Secretary of War is hereby empowered, authorized, and directed to carry on, continuously, by hired labor or otherwise, the plans of the 

Mississippi River Commission heretofore or hereafter adopted; to be paid for as appropriations may from time to time be made by law, 

not to exceed in the aggregate $45,000,000: Provided, That not more than $10,000,000 shall be expended therefore during any one 

fiscal year.

(a) All money appropriated under authority of this section shall be expended under the direction of the Secretary of War in accordance 

with the plans, specifications, and recommendations of the Mississippi River Commission as approved by the Chief of Engineers, for 

controlling the floods and for the general improvement of the Mississippi River, and for surveys, including the survey from the Head of 

the Passes to the headwaters of the river, and a survey of the Atchafalaya Outlet so far as may be necessary to determine the cost of 

protecting its basin from the flood waters of the Mississippi River either by its divorcement from the Mississippi River or by other means, 

and for salaries, clerical, office, traveling, and miscellaneous expenses of the Mississippi River Commission.

(b) That no money appropriated under authority of this section shall be expended in the construction or repair of any levee unless and 

until assurances have been given satisfactory to the commission that local interests protected thereby will contribute for such 

construction and repair a sum which the commission shall determine to be just and equitable but which shall not be less than one-half 

of such sum as may have been allotted by the commission for such work: Provided, That such contributions shall be expended under 

the direction of the commission, or in such manner as it may require or approve, but no contribution made by any State or levee district 

shall be expended in any other State or levee district except with the approval of the authorities of the State or district so contributing.

(c) Any funds which may hereafter be appropriated under authority of this Act for improving the Mississippi River between the Head of 

the Passes and the mouth of the Ohio River, and which may be allotted to levees, may be expended upon any part of said river 

between the Head of Passes and Rock Island, Illinois.

(d) No money appropriated under authority of this Act shall be expended in payment for any right of way for any levee which may be 

constructed in cooperation with any State or levee district under authority of this Act, but all such rights of way shall be provided free of 

cost to the United States: Provided, That no money paid or expense incurred by any State or levee District in securing such rights of 

way, or in any temporary works of emergency during an impending flood, or for the maintenance of any levee line, shall be computed 

as a part of the contribution of such State or levee district toward the construction or repair of any levee within the meaning of 

paragraph (b) of this section.

That the watercourses connected with the Mississippi River to such extent as may be necessary to exclude the flood waters from the 

upper limits of any delta basin together with the Ohio River from its mouth to the mouth of the Cache River, may, in the discretion of 

said commission, receive allotments for improvements now under way or hereafter to be undertaken.

Upon the completion of any levee constructed for flood control under authority of this Act, said levee shall be turned over to the levee 

district protected thereby for maintenance thereafter; but for all other purposes the United States shall retain such control over the same 

as it may have the right to exercise upon such completion.

Sec. 2. Sacramento River, Calif.

General Provisions.

Sec. 3. That all the provisions of existing law relating to examinations and surveys and to works of improvement of rivers and harbors 

shall apply, so far as applicable, to examinations and surveys and to works of improvement relating to flood control. And all

expenditures of funds hereafter appropriated for works and projects relating to flood control shall be made in accordance with and 

subject to the law governing the disbursement and expenditure of funds appropriated for the improvement of rivers and harbors.

All examinations and surveys of projects relating to flood control shall include a comprehensive study of the watershed or watersheds, 

and the report thereon in addition to any other matter upon which a report is required shall give such data as it may be practicable to 

secure in regard to (a) the extent and character of the area to be affected by the proposed improvement; (b) the probable effect upon 

any navigable water or waterway; (c) the possible economical development and utilization of water power; and (d) such other uses as 

may be properly related to or coordinated with the project. And the heads of the several departments of the Government may, in their 

discretion, and shall upon the request of the Secretary of War, detail representatives from their respective departments to assist the 

Engineers of the Army in the study and examination of such watersheds, to the end that duplication of work may be avoided and the 

various services of the Government economically coordinated therein: Provided, That all reports on preliminary examinations hereafter 
authorized, together with the report of the Board of Engineers for Rivers and Harbors thereon and the separate report of the 

representative of any other department, shall be submitted to the Secretary of War by the Chief of Engineers, with his 

recommendations, and shall be transmitted by the Secretary of War to the House of Representatives, and are hereby ordered to be 

printed when so made.

In the consideration of all works and projects relating to flood control which may be submitted to the Board of Engineers for Rivers and 

Harbors for consideration and recommendation, said board shall, in addition to any other matters upon which it may be required to 

report, state its opinion as to (a) what Federal interest, if any, is involved in the proposed improvement; (b) what share of the expense, if 

any, should be borne by the United States; and (c) the advisability of adopting the project.

All examinations and reports which may now be made by the Board of Engineers for Rivers and Harbors upon request of the 

Committee on Rivers and Harbors relating to works or projects of navigation shall in like manner be made upon request of the 

Committee on Flood Control on all works and projects relating to flood control.

Sec. 4. That the salary of the civilian members of the Mississippi River Commission shall hereafter be $5,000 per annum.

Approved, March 1, 1917.