Flood Control Act of 1928 - Section 6: Rights of Way

Section 6: Rights of Way

Authorized expenditure of funds up to $10 million for previously authorized flood control works on the Mississippi River, including levee work on the Mississippi River between Rock Island, Illinois, and Cape Girardeau, Missouri, and outlets and tributaries affected by the backwaters of the Mississippi. Stipulated that, between Rock Island, Illinois, and Cape Girardeau, Missouri, the States or levee districts are to provide rights of way at no cost to the United States, contribute one-third of the costs, and maintain them after completion.

Authorized emergency expenses. In an emergency, funds may be expended for the maintenance of any levee when it is demonstrated that the levee can not be adequately maintained by the State or levee district. Since Section 9 of the United States Constitution prohibits spending of public money except by the express direction of Congress, this authorization allows the Government to step in to assist local and state governments in an emergency.