National Drainage Congress. REMARKS HON. JAMES T. LLOYD, OF MISSOURI, In the House of Representatives, Friday, November 14, 1913. Mr. LLOYD. Mr. Speaker, I ask unanimous consent to ex- tend my remarks in the Record by including a statement of the National Drainage Congress concerning a bill introduced by the Hon. Champ Clark, of Missouri, September 16, 1913, establish- ing a flood protection and drainage fund and providing for the, protection, drainage, and reclamation of the overflowed and swamp lands in the United States, in promotion of the general welfare, in prevention of the dissemination of malaria and other diseases among the several States, and to promote interstate commerce by navigation. The SPEAKER. The gentleman from Missouri asks unani- mous consent to extend his remarks in the Record. Is there ob- jection? There was no objection. A. The statement is as follows: >fvfe - FLOOD PROTECTION, DRAINAGE, AND RECLAMATION OF OVERFLOWED LANDS, SWAMP LANDS, AND LANDS TOO WET FOR AGRICULTURAL PURPOSES. Statement from National Drainage Congress concerning a bill intro- duced in the House of Representatives by Hon. Champ Clark Sep- tember 16, 1913, establishing a flood protection and drainage fund and providing for the protection, drainage, and reclamation of the overflowed and swamp lands in the United States, in promotion of the general welfare, in prevention of the dissemination of malaria and other diseases among the several States, and to promote interstate commerce by navigation. To the Senate and House of Representatives of the United States: While the appalling floods of 1913 in the Ohio Valley were destroying lives and property, the President of the United States sent the follow- ing telegram: The White House, Washington, March 27, 1913. Edmund T. Perkins, _ ■ ^ Chairman Executive Committee, National Drainage Congress, First National Bank Building, Chicago, III.: I regret that it is impossible for me to attend the sessions of the National Drainage Congress. The calamity in Ohio and Indiana makes clearer than ever before the imperative and_ immediate necessity tor a comprehensive and systematic plan for drainage and flood control. I very earnestly hope that your deliberations may mark a long step for- ward in this direction. Aecept my best wishes for a successful meeting, Woodrow Wilson. The following telegram was sent in reply: Chicago, III., March 28, 1913. The President, The White House} Washington, D. C.: Your message, March 27 received. * * * The National Drainage Congress, saddened by the tremendous flood disasters now inflicted upon 19125--125452 our country, and knowing that such catastrophes are needless, accepts the responsibility of presenting to the people and the Congress of the United States a plan to alleviate and prevent the recurrence of loss of life and property. * * * _ Edmund T. Perkins, Chairman Executive Committee, National Drainage Congress. The third annual meeting of the National Drainage Congress was held immediately thereafter, April 10, 11, and 12, at St. Louis, Mo., and the organization accepted this responsibility, 36 States being represented by approximately 500 delegates. After two days’ cooperative deliberation by the national executive committee, the committee on resolutions the section on malaria eradication, the central cooperative committee/ and the woman’s section, resolutions were adopted, addressed to the Presi- dent, the Congress, and the peonle of the United States, urging: First. That it is a proper function of the Government of the United States under the welfare clause of the Constitution to provide adequate works to control the flood waters of the country and so conserve them as to protect the life, health, and prooerty of citizens, a duty equally imperative as that of protecting citizens from the attack of a for- eign foe. Second. That_ the Congress of the United States immediately make adequate provisions for flood prevention, for the regulation and control ox stream flow, and for the drainage and reclamation of overflowed and swamp lands. Third. That, as malarial diseases are widespread, especially in the regions where floods occur and swamps exist, causing great disability and suffering, loss of earning capacity, and a largo number of preventable deaths, the several States and the Federal Government are requested to cooperate with the section of malaria eradication in the prevention bv methods now well established of such diseases. . fourth. That all reclamation organizations in the United States are invited to become part of the central cooperative committee, consisting of two members from each organization—National, State, district, or local—or by the governor of the State where there is no such organiza- tion, not surrendering their identity, charter, organization, or officers, for the purpose of advancing agreed-upon questions of national policy. Copies of these resolutions were transmitted to the President of the United States, the President of the Senate, and the Speaker of the- House of Representatives. In May the general educational committee of the National Drainage Congress met m Washington, called upon the President, and conferred with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of War, the President of the Senate, the Speaker of the House, and a number of Senators and Representatives. This committee was composed of the officers of the organization and prominent men and women from professional walks of life in all parts of the United States. As a resuxt of these conferences a subcommittee, known as the com- mittee on Federal action, was appointed to cooperate with, representa- tlvfS-301 Secretary of the Interior and the Secretary of Agriculture and drart a flood-prevention and drainage bill. . This subcommittee was composed of E. J. Watson, of Columbia, S. C., State commissioner of agriculture, commerce, and industries; Frank B. Knight, of Chicago, 111.member of the American Society of Civil Engineers and consulting engineer and expert on excavating’ and drainage machinery; Thomas P Littiepage, of Washington, D. C., attorney at law ; Morris Knowles, of I ltisburgh, Pa., member of the American Society of Civil Engineers, representing the flood commission of Pittsburgh ; J. D. Craig, of Stock- ton. Cal., president of the river-regulation commission of Stockton; L. D. Lawrence, of Laurel, Miss., treasurer of the Railway Development Association and manager of immigration of tbe New Orleans, Mobile & Chicago Railroad ; Joseph Hyde Pratt, of Chapel Hill, N. C.. State geologist; J. S. bpiker, of Vincennes, Ind.. member of the Western Society of Engineers, consulting and sanitary engineer; Reid Whitford, of Charleston, S. C., member of the American Society of Civil Engineers and engineer for the sanitary and drainage district of Charleston; and John H. Nolen, of Jefferson City, Mo., commissioner of land reclama- tion, State of Missouri. The Secretary of the Interior selected the fol- lowing persons to confer with the committee representing the drainage congress: F. H. Newell, Director of the United States Reclamation Service; George Otis Smith, Director of the United States Geological Survey; and Brig. Gen. W. H. Marshall, consulting engineer, United States Reclamation Service, and former Chief Engineer, United States Army. The representatives of the Secretary of Agriculture were Prof. A. J Henry, of the United States Weather Bureau ; Raphael Zon, of the Umted States Forest Service; and S. H. McCrory, of the Bureau of Drainage Investigations of the Office of Experiment Stations. 19125—125453 The Hon. Franklin K. Lane, Secretary of the Interior, on June 21, 1913, invited to meet with him in Washington to discuss proposed flood-protection and drainage laws a number of eminent men, as follows : Isham Randolph, consulting engineer, Chicago, 111.; Prof. William B. Clark, of Johns Hopkins University, Baltimore, Md.; Hon. T. Coleman du Pont, of Wilmington, Del.; W. W. Olds, jr., attorney at law, of Nor- folk, Va.; Gov. W. S. Jennings, of Jacksonville, Fla.; Prof. Joseph Hyde Pratt, of Chapel Hill, N. C.; and M. C. Leighton, of Washington, D. C., former chief hydrographer of the United States Geological Survey. These, with Secretary Lane, Judge William R. King, of Oregon, George Otis Smith, and F. H. Newell, held a conference on June 28, 1913. A subcommittee was appointed, consisting of Gov. Jennings, Judge XHng, and Prof. Pratt, to suggest desirable legislation and report July 9, a day prior to the scheduled meeting of the committee on Federal action of the National Drainage Congress. This last-mentioned committee met in Washington on July 10, 1913, and after consultation with the above mentioned, as well as with other eminent men in the city, drafted a bill, which draft was later submitted to the executive committee, and that committee, after making a number of changes and additions, approved it at a meeting held in Chicago on August 22, 1913. September 10, 1913, the committee on Federal action and the board of governors of the National Drainage Congress assembled in Wash- ington and conferred with the Hon. Champ Clark, Speaker of the House of Representatives, and with Senator John Sharp William#, of Mississippi, relative to this bill. On September 16, 1913, the bill was introduced in the House of Representatives by Speaker Clark, and is now registered as H. R. 8189. This bill is the reply of the National Drainage Congress to the tele- gram of March 27, 1913, from President Wilson, and is urged as pro- viding the solution of the flood prevention and land drainage and general reclamation of the overflowed and swamp lands in the United States. This bill establishes the power and indicates the method by which the Secretary of the Interior may construct the works that will control disastrous floods hereafter, thereby preventing loss of life and destruc- tion of property, protecting overflowed lands, and draining the swamps, and thus reclaiming the millions of acres of such lands and other lands too wet for agriculturial purposes. It provides that the expense of this work shall be borne by the owners of the land and other property bene- fited, and that the United States shall pay only for such work as will promote navigation by enlarging, improving, or altering navigable streams, or constructing drainage ditches suitable for navigation, or for that work which is primarily in defense of the general welfare by the improvement of the public health. It defines the rules by which these great works are to be constructed, vests the necessary authority in the Secretary of the Interior to do the work, leaves in the hands of Congress questions of policy and appropriations, and safeguards the financial interests of the United States. The bill was designed to give the Secretary of the Interior full power without attempting to be too specific and definite as to the exact manner in which the work shall be done. It gives him authority to employ competent engineers and experts to work out systematic plans for comprehensive projects that shall embrace all the lands in each basin as a unit. Such a policy wTill enable the Secretary to establish a definite plan of flood-protection, drainage, and reclamation work for the entire country, and thus avoid the waste of money and effort through the construction of local works in unrelated units. This bill is not confiscatory; neither does it infringe upon State or private rights. It does not give the Secretary of the Interior the right to reclaim individual or State lands without the consent of the owners. He is empowered to undertake the reclamation of private or State lands only when petitioned so to do by the owners of such lands. This bill recognizes that the prevention of floods and the reclama- tion of our overflowed and swamp lands is one vast problem and is the most momentous the people of the United States have yet to solve, and that its solution, in order to be complete and successful, must proceed along the broadest possible lines in each locality of every State without unnecessary delay. It recognizes that the Government of the United States is charged under the Constitution with certain duties in the way of protecting its citizens and preserving their be- longings, and that the performance of these duties should be delayed no longer. , The magnitude of the flood-protection work with which this bill charges the Secretary of the Interior is so well known as to require no comment, being over $200,000,000 in 1913 alone. The magnitude 19125—125454 of the harm done by malaria, a disease that flourishes only because there are swamps and flooded areas in the country, was stated by Dr William A. Evans, former health commissioner of the city of Chicago and writer of health articles for many papers, in his address before the National Drainage Congress at St. Louis, in April, 1913, when he said : Loss through malaria deaths, per annum--------------------- Cost of disability and illness from malaria—--------------- Depreciation of real estate and loss in earning power of labor, due to malaria------------------------------------— $10, 200, 000 92,000, 000 60, 000, 000 Total annual economic loss-------------------------- 162, 200, 000 In arriving at these estimates Dr. Evans frequently cut in half the generally accepted estimates. The terrible suffering that must be en- dured by humanity so long as malaria is permitted to exist is a matter of the deepest concern to the whole Nation. The magnitude of the task of draining and reclaiming overflowed, swamp lands, and lands too wet for agricultural purposes is not so well known. The overflowed and swamp lands comprise an area of nearly 80,000,000 acres. In addition to this area, as large as the four States of Maine, Ohio, Indiana, and Illinois combined, the Depart- ment of Agriculture has estimated that 150,000,000 acres of agri- cultural land under cultivation are not producing within 20 per cent as much as they should, because of insufficient drainage. The overflowed and swamp lands are located in 40 States, the Territory of Alaska not being included in the estimate, as follows: ESTIMATED AREA OF UNRECLAIMED SWAMP AND OVERFLOWED LANDS IN THE UNITED STATES. Reclaimable for agricultural and grazing purposes. (Abstract from reoort of the Department of Agriculture, Apr. 21, 1908. S. Doc. 443, 60th Cong.) : , ~ Acres. Alabama________ Arkansas------- California_____ Connecticut—___ Delaware------- Florida-------- Georgia-------- Illinois-______ Indiana________ Iowa___________ Kansas_________ Kentucky_______ Louisiana______ Maryland------- Maine__________ Massachusetts__ Michigan_______ Minnesota______ Mississippi---- Missouri_______ Nebraska_______ New Hampshire- New Jersey_____ New York_______ North Carolina- North Dakota___ Ohio----------- Oklahoma------- Oregon--------- Pennsylvania--- Rhode Island___ South Carolina- South Dakota— Tennessee______ Texas__________ Vermont________ Virginia_______ Washington----- West Virginia— Wisconsin------ 1,479, 200 5, 912, 300 3, 420, 000 30,000 127,200 19, 800, 000 2, 700, 000 925,000 625, 000 930, 000 359,380 444, 600 10, 196, 605 192, 000 156, 520 59.500 2, 947, 439 5,832,308 5, 760, 200 2, 439, 600 512.100 12, 700 326, 400 529.100 2, 748, 160 200, 000 155, 047 31.500 254, 000 50, 000 8, 064 3, 122, 120 611, 480 639,600 2, 240, 000 23, 900 i 800,000 20.500 23, 900 2, 360, 000 Total_____ 19125—12545 79, 005, 0235 It is not possible at the present time and under present conditions to reclaim profitably all of the overflowed and swamp lands for crop production, but a large per cent can be reclaimed and utilized for this purpose* Much of the remaining portion can be improved by reclama- tion works, and practically all of the 150,000,000 acres too wet for the best agricultural results can be improved by better drainage and their present productivity increased by one-fiftb. A few citations of what has been accomplished by the protection, drainage, and reclamation of overflowed and swamp lands will demon- strate in a general way the benefits to be derived from land reclamation and illustrate what may be expected from the reclamation of all our overflowed and swamp lands. The La Marsh drainage district consists of 2,400 acres on the west side of the Illinois River, near the city of Pekin, III. It was organized a few years ago under the Illinois State drainage and levee acts. The land originally consisted of swamp and marshes or lands subject to periodical annual and destructive overflow. Money was raised by the issuance of drainage bonds by the district to pay for the protec- tion and reclamation works. The land at that time was valued at from $12.50 to $20 per acre. The corn crop of 1911 raised on these 2,400 acres was sold for $85,000. The cost of protecting, draining, and reclaiming the district had amounted to $84,000, or about $35 per acre. The Island farm, at Island, Minn., was reclaimed from the big Flood- wood swamp, at a cost of $2 per acre for drainage £md from $3 to $10 an acre for clearing. There are 4,000 acres in the farm, valued to-day, exclusive of building, at not less than $60 per acre. The land was practically worthless until reclamation work was perfected. Great areas in southeast Missouri, which a few years ago were un- healthful, sparsely inhabited, and generally neglected, have been pro- tected from overflow and drained, and in place of the swamps and marshes, few farms and homes, and straggling villages, there are to-day many homes, fertile fields, numerous and prosperous towns and cities. A number of such illustrations could be found in Illinois, Indiana, Ohio, Iowa, Minnesota, Missouri, New York, South Carolina, and other States. Local reclamation work in the lower Mississippi Valley has been und£r way long enough to make it unquestionable that the land will produce each year enough to pay the total cost of works for pro- tection, drainage, and reclamation. In too many localities these works created by districts, individuals, or corporations, and even by States, are unrelated. Their success is too nearly dependent upon the manner in which the main drainage channels are constructed; the streams and rivers are kept open and within their hanks, or of sufficient size; and—which is becoming a grow- ing problem—upon their ability to defend themselves from the waters thrown upon them by the districts located above. Multiply these un- related, selfish local drainage districts and works by 10,000, and it is apparent why the work as a whole should move along under the direction and supervision of a central authority and in accord with a fixed and recognized standard. The bill introduced by Speaker Clark provides this central authority which may determine and maintain such a standard. The first section creates a “ flood protection and drainage fund ” to be used by the Sec- retary of the Interior in the examination and survey for and the con- struction, operation, and maintenance of drains, canals, holding basins, reservoirs, levees, dikes, revetments, mattresses, tree planting, sluice- ways, pumping plants, and other works wherever needed for the pre- vention of flood or for the protection, drainage, or reclamation of over- flowed lands, swamp lands, and lands too wet for agricultural purposes, all of which are pronounced dangerous to the public health among the various States. This fund is made up of the money received from the sale of public lands in those States—not included in the reclamation act providing for the irrigation of arid lands—in which are public lands, and also in Alaska, from June 30, 1901, with the legal excep- tions for educational purposes. The wording of the reclamation act was followed as nearly as possible in this and other sections of this bill. Section 2 authorizes the Secretary to undertake the works mentioned in section 1, and to make full reports to Congress each year on or before July 1, giving details of what has been done and of what is being done and of what is contemplated. Section 3 authorizes the Secretary to withdraw public lands from entry when required in carrying out the purposes of the act, and to restore them when found not necessary; to restore to public entry the public of ceded Indian lands, after they have been protected, drained, or 19125—125456 reclaimed, specifying the number of acres which can he taken up as a “ drainage ” entry, which shall not he more than 160 acres, and speci- fying the amount of payment for these lands, being the regular fees plus the cost of the work, and how the purchase money shall he paid, the total cost of the drainage or reclamation of the land to he assessed against the land. Section 4 authorizes the Secretary to let contracts for construction and to construct parts of a project or a complete project; it specifies the manner in which the Secretary shall dispose of the protected and reclaimed public and ceded Indian lands. This section contains a pro- viso that when the lands in a project are owned wholly hy individuals, corporations, State or States, the owners may use the surveys and examinations, and let contracts, after they have organized the lands into a drainage district, and otherwise proceed under the State laws; and the further proviso that the Secretary may take over surveys partially completed, plans partially outlined, or works partially constructed hy individual landowners. Section 5 gives the Secretary the right to accept other than public lands and include them in a project where they are contiguous to or in the same basin with an area of public land to be protected or reclaimed, when the landowners petition him to do so. The Secretary is empowered to “ include such State or private land, with the selected (public) land in a comprehensive protection, drainage or reclamation project, and construct the main and outlet canals, levees, and appurtenant struc- tures necessary to the whole project/’ The cost is to be assessed against all the lands in proportion to the benefits derived. These assessments against State and private lands are to be collected by the State or drainage or levee district under State laws. To protect the Govern- ment and prevent interference by Federal with State authorities. Sec- tion 5 specifies that the Secretary of the Interior shall not proceed with such works until the drainage or levee district has issued bonds to the amount of the total assessments of cost against the private or State lands and delivered the bonds to him. The Secretary is authorized to purchase the bonds at not less than par and to dispose of them. In lieu of the bond issue the Secretary may accept not less than 25 per cent of the total area in the project as a cession from State or private landowners, and then pay the entire cost of construction. This is upon the assumption that 25 per cent of the reclaimed land will be valuable enough to reimburse the Government for reclaiming the entire area of State or private lands. If the work is being done by State or States or drainage districts, the money de- rived from the bonds shall be turned over to them as required to carry on the work under the supervision of the Secretary of the Interior. This section will provide drainage districts an immediate market for their bonds at not less than par, provided they construct their work under the supervision of the Secretary of the Interior and in accordance with plans prepared by him. . Section 6 empowers the Secretary to use the fund for the operation and maintenance of the works; that the works shall belong to the United States until all assessments of costs are paid, though these works shall pass to the landowners and be maintained by them under State jurisdiction and law after payment has been made to the Secre- tary for the major part of the lands. Section 7 authorizes the Secretary to consult and cooperate with the Secretary of War when any contemplated work provides for the im- provement or enlarging of natural channels or the excavation or con- struction of navigable canals, or which by reasonable enlargement or other alteration might be adapted to navigation purposes. If the War Department reports favorably upon the waterway feature, then the Secretary of the Interior and the Secretary of War shall cooperate in construction of the project and the Government shall pay for that part of the work relating directly to navigation, the channels or canals to remain under the control and jurisdiction of the United States, but to be used so as not to impair their usefulness for protection or drainage purposes. Section 8 seeks to bring about cooperation between States where over- flowed and swamp areas and flood-visited districts which extend from one State into another. This section gives the Secretary of the Interior the power to construct works to protect or reclaim these areas when the several landowners or States shall request him to do so, even if there are no public lands in the area. The cost of this work is to be assessed against the land, as provided in section 5, except that the United States shall pay that part which relates directly to the improvement of navi- gation. 19125—125457 Section 9 gives the Secretary the right to acquire rights or property by purchase or condemnation to carry out the act. Section 10 authorizes the Secretary to lease the lands reserved or acquired under the act and to sell the same. Section 11 authorizes the Secretary to accept from any State or States, drainage or levee district or districts, or other landowner a cession of reclaimable lands which can be included in any project and to use and dispose of the same. Section 12 -appropriates $20,000,000 from the • general funds in the Treasury to form part of the “ flood protection and drainage fund.” Section 13 imposes a fine not exceeding $5,000 or imprisonment not exceeding five years, or both, for willful" interference with, injury to, or destruction of any works constructed under the act. Section 14 provides that the President may set apart and reserve town sites within or in the vicinity of any project, and authorizes the Secre- tary of the Interior to have the same surveyed, subdivided, appraised, and sold. The fund's so secured may be used for municipal improve- ments, and public reservations shall be conveyed to the municipal cor- poration when the same is duly organized. Section 15 . gives the Secretary authority to lease the surplus power or power privileges of any development of power necessary in the con- struction of any project; the leases shall be for not longer than 50 years, and preference shall % be given to municipal purposes, and the moneys received shall be covered into the “ flood protection and drainage fund.” Section 16 authorizes the Secretary to perform whatever acts that are necessary and to make the proper rules and regulations to carry into full force and effect the provisions of the bill. The United States has reclaimed private lands under the reclamation or irrigation act. The Eighth Annual Report of the Reclamation Service shows that in the Orland project, located in the State of California, of 14,000 acres (p. 59), only 200 acres were public lands. In the Garden City (Kans.) project of 10,677 acres (p. 85), all were private lands. In the Carlsbad project of 20,073. acres (p. 134), the ownership is de- scribed in the report as “practically all private.” There are 10,000 acres in the Hondo project (p. 134), and all of them are private except 240 acres. All of the 20,000 acres in the Leasburg project (p. 140) are private. All of the 180,000 acres in the Rio Grande project (p. 143) are private. All of the 60,000 acres in the Strawberry- Valley project (p. 184) are private. There are only 433 acres of public land in the Williston project of 120,000 acres (p. 152), and 67 acres of State land and 11,500 acres of private lands. If it is constitutional and proper and good for the Government to reclaim private arid land, .is it not . just as constitutional, proper, and good for it to reclaim private, overflowed, and swamp lands? The Constitution gives the United States the right to act in matters touching two or more States, upon petition of the" States. In this con- nection it may be pointed out that every great flood which devastates the country is- an interstate problem, and its solution requires correlated and , coordinated work among several States. Thus, without considering the V, constitutional power of Congress to provide for the general welfare of ■: j the United States, the question of flood protection comes within the / power of Congress, upon petition of the States affected, even if it does / not come within the interstate-commerce and navigation provisions and / powers. While there may he many differences in detail, and more differences as to the solution of the details, there can he no serious questioning of the statement that the flood .problem and the drainage and reclamation problem and the problem of navigation and interstate commerce by waterways are so interwoven with each other that no one can tell exactly where one starts and the other ends. The numerous, most destructive, most dangerous, most persistent, and nearest enemies of the people of the United States are internal ene- mies—forces of nature. These forces kill more persons each year than were slain in battles and died from the effects of gunshot wounds on both sides during our destructive Civil War, and the property destroyed each year by floods is worth more than the cost of our war with. Spain. The passage of this bill will start the successful opposition to and bring about the eradication of these internal enemies—floods; diseases resulting from floods, swamps, and marshes ; destruction of property ; poverty due to nondevelopment of land rich in agricultural possibilities; and poverty and suffering due to the ravages of preventable diseases. The passage of this hill by the United States Congress is respectfully urged hv the undersigned officers of the National Drainage Congress. 19125—125458 OFFICERS. President: Edmund T. Perkins, consulting engineer, 1110 First Na- tional Bank Building, Chicago, 111. First vice president: E. J. Watson, commissioner of agriculture, com- merce, and industries, Columbia, S. C. Second vice president: Col. William C. Gorgas, United States Army, chief sanitary officer Panama Canal, Ancom, Panama. Third vice president: Edward Wisner,, landowner and capitalist, New Orleans, La. Fourth vice president: D. E. Kind, industrial commissioner Missouri Pacific Railway, St. Louis, Mo. Fifth vice president: J. L. Craig, president River Regulation Com- mission of Stockton, Cal. Treasurer: A. M. McLachlen, president McLachlen Banking Corpora- tion, Washington, D. C. Secretary Executive Committee: Philip R. Kellar, First National Bank Building, Chicago, 111. BOARD OF GOVERNORS. The president, E. J. Watson, John H. Nolen, Joseph Hyde Pratt, Frank B. Knight. 19125—12545 O WASHINGTON : GOVERNMENT PRINTING OFFICE : 1913