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Show 141 Bridges, Future Power, and Fishways.-Also, we should men- tion three additional continuing authorizations of activities, but which are not accompanied by authorizations for appro- priations of funds. One example has already been noted-the general authority to construct bridges on dams.76 Likewise, in acts authorizing flood-control projects since 1938, Congress has directed that penstocks and other similar facilities adapted to possible use in the development of power be installed.77 Similarly, an 1888 statute gives the Secretary general discre- tionary authority to construct fishways whenever improve- ments are found to obstruct the passage of fish.78 Mississippi River.-In addition to the foregoing statutes constituting continuing authorizations for various types of work, several other aspects of legislation concerning project authorization should be noted. The first concerns the Missis- sippi River. Reference has been made to the fact that the development of federal responsibility for flood control on a national basis was largely an outgrowth of federal interest in the control of Mississippi floods.79 Historic importance thus attaches to the role played by the Mississippi River Commis- sion in the lower Mississippi.80 Legislation specifying the nature and scope of federal interest and responsibility is lengthy, complicated, and varied.81 Thus, many extensive and involved provisions apply here which are unlike those obtain- ing generally, such as those concerning bridges,82 local contribu- tion,83 flowage rights,84 discretion as to modifications,85 and 78 See supra, pp. 94-95. " Act of June 28,1938, § 4, 52 Stat. 1215,1216, 33 U. S. C. 701j. Repeated in all subsequent Flood Control Acts. "Act of August 11, 1888, § 11, 25 Stat. 400, 425, 33 U. S. C. 608. 79 See supra, pp. 127-130. 80 For a discussion of the previous and existing projects, together with recommended modifications, see Annual Report of the Chief of Engineees, U. S. Army, pp. 2673-2679 (1949). 81 See 33 U. S. C. 702 et seq; of. authorization of flood-control work by the California Debris Commission, Act of March 1,1917, § 2, 39 Stat. 948, 949, 33 U. S. C. 703. 83 Act of June 15, 1936, § 7, 49 Stat. 1508, 1510, 33 U. S. C. 702a-7. 88 Act of May 15, 1928, § 2, 45 Stat. 534, 535, 33 U. S. C. 702b. 84 Act of May 15, 1928, § 4, 45 Stat. 534, 536, as amended, 33 U. S. C. 702d. 88 See, e. g., Act of June 15, 1936, § 4, 49 Stat. 1508, 1509, as amended, 33 U. S. C. 702J-1. |
