History of Pearl River Flood Risk Management
The Easter flood of 1979 was one of the most costly and devastating floods to ever occur in the state of Mississippi, causing an estimated $500-$700 million in damages. Thousands of homes and businesses in the Jackson area were inundated in the flood stage that lasted from 10 to 14 days in some areas. After the Easter flood, Congress authorized the US Army Corps of Engineers (USACE) to develop a comprehensive flood control plan for the Jackson metropolitan area.
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Since 1979, numerous Pearl River flood control plans have been introduced. Originally, flood control plans, such as the Shoccoe Dry Dam Plan authorized by Congress in 1986 and the Comprehensive Levee Plan proposed by the USACE in 1996, focused solely on flood control and their environmental impact. Later, flood control plans attempted to generate economic development opportunities as well as provide flood control, starting with the Two Lakes Plan in 1996, the LeFleur Lakes Plan, the Lower Lake Plan and the One Lake Project.
In 1996, US Army Corps of Engineers Feasibility Report, Flood Control, Pearl River Basin, Jackson Metropolitan Area, Mississippi recommended a system of flood walls and levees for flood control called the Comprehensive Levee Plan.
Also in 1996, the Two Lakes Plan was proposed by John McGowan, his oil and gas company, McGowan Working Partners, and other landowners who advocated for the building of two lakes on the Pearl River. The plan included dredging and widening the Pearl River channel between the Ross Barnett Reservoir and Richland and the insertion of weirs to create a 4,500-acre upper lake and a 500-acre lower lake. The Corps of Engineers estimated that the project would cost about $1.5 billion including a $150 million landfill removal. The Levee Board and the USACE rejected the project.
In 1998, the Comprehensive Levee Plan proposed by the USACE failed to receive local support.
In 2001, Rankin-Hinds Pearl River Flood and Drainage Control District (also known as the Levee Board) accepted the role of local sponsor, taking over responsibility for planning and executing flood control projects in the Jackson area. The 1962 Urban Flood and Drainage Control Law allows for the creation of flood and drainage districts typically referred to as "state agencies". However, the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) report 545, notes that, in this case, "this particular district lacks certain attributes commonly associated with state agencies. The district is not subject to the appropriations and budgetary oversight processes of the Legislature." The report also states that the Levee Board "appears" to be immune to tort claim issues because its area of service and responsibility is not statewide. The Levee Board budget comes from millage generated by property owners who live within its boundaries.
Between 1979 and 2010, four Pearl River flood control studies were conducted in order to find a "politically supportable, implementable flood control solution for the Jackson metropolitan area. Combined, the studies cost federal and local taxpayers approximately $7 million. However, none of the studied options have gained the necessary local and federal support needed for implementation." PEER 545: Report to MS Legislature, 2010
In 2001, the Levee Board adopted the LeFleur Lakes Plan, a flood control and economic development plan similar to John McGowan's Two Lakes Plan, but slightly modified.
In 2006, the Levee Board established a nonprofit called the LeFleur Lakes Development Foundation to assist with funding. According to PEER report 545, active members of the Levee Board also served on the Board of Directors for the new non-profit Foundation. PEER report 545 states that, "because the LeFleur Lakes Development Foundation is a non-profit organization, it is eligible to apply for grants for which the district is ineligible. The foundation received $99,200 through the Housing and Urban Development Economic Development Initiative Grant for FY 2009, $347,200 through the Housing and Urban Development Neighborhood Initiative Grant for FY 2009, and $345,530 through the Small Business Association Congressional Mandated Award to be used toward the LeFleur Lakes Project for FY 2007."
From 2003 to 2007, the Levee Board worked with the USACE to study the LeFleur Lakes Plan. The $2.85 million budget for the LeFleur Lakes Plan study was to be split by the USACE and the Levee Board. The Boards of Supervisors of Hinds and Rankin counties agreed to provide the 50% local cost share.
After 11 years of modifications and planning, the various lake projects failed to meet the Corps standards for being economically or environmentally feasible.
In 2007, after several modification attempts, the USACE concluded that the LeFleur Lakes Plan was less effective as a flood control than the Comprehensive Levee Plan. In addition to providing less flood control, one modification called the LeFleur Lakes plus Additional Levees Plan had an estimated cost of $1.4 billion, not an economically viable flood control plan according to the USACE.
After the failure of the LeFleur Lakes Plan, the Levee Board proposed the Lower Lake Plan. "The Lower Lake Plan estimates $605 million in upfront costs for levee stabilization, lake construction, property aquisition and core infrastructure with the majority of the costs expected to fall on the public sector".
In July 2007, The Water Resources Development Act (WRDA) authorized federal expenditure for the Comprehensive Levee Plan or a locally preferred plan. Federal funding participation is limited to the amount necessary to pay the federal share (65%) of the Comprehensive Levee Plan which equals $133,770,000. The WRDA from the USACE written in May 2008 authorizes the Levee Board to execute the plan as Section 211 project, which allows authorized non-federal agencies to undertake flood reduction projects with a higher degree of local control.
"Thirty-eight years after the 1979 flood, a comprehensive flood control plan for the Jackson metropolitan area still has not been instituted." "Many of the plans for flood control in the Jackson metro area mix flood control with economic development. The plans incorporating economic development cost more than levees." PEER 540: Report to MS Legislature, 2010
In Dec 2009, the Levee Board "voted to move ahead with a levees-only flood-control plan endorsed by the U.S. Army Corps of Engineers. Flowood Mayor Gary Rhoads moved to accept the Corps' recommendation that the levees along the Pearl River between Hinds and Rankin counties be extended."
In June 2010, Corps of Engineers Col. Jeffrey Eckstein wrote a letter to the Levee Board stating "that the Corps would not resume any further study of flood control along the Pearl River 'for the purpose of considering any impoundment alternatives or private development features.'"
In summer 2010, despite voting a few months earlier to accept the USACE levees-only plan, members of the Levee Board were reported to be hopeful that "Mississippi's congressional delegation will strong-arm top officials at the U.S. Army Corps of Engineers into reconsidering a Corps-rejected Lake 255 on the Pearl River." "Levee Board members decided to lobby state senators and representatives after the U.S. Army Corps of Engineers shot down the board's desire to marry the Corps' levee expansion plan with a smaller lake project to promote lakeside real-estate development."
In 2011, John McGowan and other real estate developers formed a nonprofit called the Pearl River Vision Foundation to promote a new lake development called the One Lake plan. A draft agreement between the Rankin-Hinds Levee Board and the Pearl River Vision Foundation stated that, "Pearl River Vision proposed to utilize the expertise of the services of John McGowan of McGowan Working Partners and several engineering, environmental and legal professionals, with all such services being provided at no cost to the district, as a means to address the District's desire to complete the flood control project study..." At that time, the USACE, concerned about the structure of how they were putting the deal together, required that a Conflict of Interest policy be drafted.
In Oct 2012, the Vision 2022 presentation by the Greater Jackson Chamber Partnership included the One Lake project as part of its Jackson-area economic development plan. The Greater Jackson Chamber Partnership donated $200,000 to the Levee Board for the One Lake EIS and feasibility studies.
In May 2013, the Mississippi Development Authority with permission from Governor Phil Bryant, provided the One Lake project with $1 million of Mississippi state funds for the One Lake EIS and feasibility studies. After receiving this grant, the Levee Board reimbursed the Pearl River Vision Foundation more than $200,000 in costs associated with the EIS and feasibility study.
In 2016, Mississippi's congressional delegation added a provision to the Water Resources Development Act (WRDA) directing the USACE to "expedite" its review of the One Lake draft EIS/feasibility study.
In 2017, House Bill 1585 gave the Levee Board authority to tax "property that is directly or indirectly benefited" by a flood control project. The bill allows the Levee Board authority to decide which land within the district would benefit from the One Lake project and "levy a special improvement assessment" in order to "provide funds for the operation, maintenance and preservation of the project."
In February 2018, House Bill 1631, "An Act to Authorize the Issuance of State General Obligation Bonds in the amount of $50,000,000 to Assist the Rankin-Hinds Pearl River Flood and Drainage Control District in the construction of Flood Control Project on the Pearl River", was referred to the MS House Ways and Means Committee. During the bill debate on the House floor, Representatives were told that the One Lake project had approval from the Army Corps of Engineers and MDEQ when, in fact, the USACE had not yet released their study and MDEQ had not approved it. The House vote failed on 2/20, a Motion to Reconsider Entered (Smith, Lamar), and the House vote passed on 2/22. The bill was transmitted to the Senate on 2/23. The bill died at the Senate Finance Committee.
In 2018, Senator Cassidy and Representative Scalise worked to add the following language to the WRDA 2018 (America's Water Infrastructure Act) Section 1176: "When reviewing the feasibility study and the environmental impact statement for a project under subsection (b), the Secretary shall follow current USACE Policy, Regulations, and Guidance, to assess potential adverse downstream impacts to the Pearl River Basin. Upon completion of the Secretary’s determination under subsection (b), the non-Federal sponsor shall design the project in a manner that addresses any potential adverse impacts or that provides mitigation in accordance with section 906 of the Water Resources Development Act of 1986 (33 U.S.C. 2283)."
On June 23, 2018, an incomplete Draft Environmental Impact Statement/Feasibility Study (DEIS/FS) was released to the public with an associated 45 day public comment period. The released DEIS was missing key components including the Biological Assessment, Biological Opinion, Endangered Species Act Consultation, Fish and Wildlife Coordination Act information and Independent External Peer Review. After 26 citizen groups, Lawrence County and the Louisiana Senate wrote the sponsors asking for an more time to comment on the DEIS, the public comment period was extended until Sept 6th. Public meetings were held in Jackson, MS, Pearlington, MS and Slidell, LA. Despite promising open debate, the Levee Board allowed no one from the public to speak or ask questions via microphone at any public meeting. At the end of the public comment period, the DEIS was still missing key, required documents including the Biological Opinion and the Independent External Peer Review.
In February 2020, after addressing all public comments and incorporating them in revisions of the Environmental Impact Statement, the Levee Board began an Agency Technical Review Process with the USACE. A USACE team of reviewers evaluated the Levee Board's 2018 DEIS/FS for Policy and Legal compliance.
In March 2022, Senator Wicker announced $300,000 in Infrastructure Investment and Jobs Act (IIJA) federal funding for the Pearl River Flood Control Project "studies".
In June 2022, the Levee Board submitted their Final EIS/FS to the USACE.
In October 2022, the USACE announced that flood mitigation funded by the IIJA "includes $221 million in construction funding for a comprehensive flood damage reduction plan for the Pearl River in Jackson, Mississippi, contingent upon the Secretary’s evaluation that the proposed project will meet environmental and other criteria. Funding to perform the evaluation is also contained within the spend plan." $221 million is the appropriation for the federal cost share of the One Lake project. An additional $700,000 for "federal evaluation study" was also appropriated.
In October 2022, the Assistant Secretary of the Army (Civil Works) directed the USACE to complete the data gaps in the Levee Board's DEIS/FS to inform the ASA(CW)'s determinations.
In May 2023, the USACE released a Notice of Intent to Prepare a Draft Enviromental Impact Statement for the Pearl River Flood Risk Management Project, Pearl River Watershed, Rankin and Hinds Counties, Mississippi. The USACE conducted public meetings in Slidell, LA and Jackson, MS, along with 2 virtual meetings, and published a project website.
During summer 2023, the USACE planned to conduct public/agency outreach along with technical evaluations/analysis and environmental compliance activities.
On June 7, 2024, the USACE published their Draft Report/Draft EIS to the Federal Register and initiate a Public Review with a 45 day comment period. The USACE states that the ASA(CW) "may construct the NED (National Economic Development) plan, the LPP (Locally Preferred Plan) or some combination thereof". To help inform the ASA(CW)'s decision, the USACE's DEIS will:
- Identify NED plan.
- Compare flood protection of alternatives.
- Assess environmental acceptability and technical feasibility of the alternatives.
- Alternative A1 - non-structural measures such as elevation, floodproofing, and buyouts
- Alternative C - Channel Improvement (Levee Board's Preferred Plan, "One Lake" Plan) - excavate and widen channel, use material to enhance levees, create habitat islands and weir relocation
- Alternatives D and E - Combination plans with or without a weir
In 2024, the USACE plans to release a Final Report/Final EIS followed by the Assistant Secretary of the Army (Civil Works) issuing a determination and Record of Decision.
Sources:
1996 Army Corps of Engineers Feasibility Study (Comprehensive Levee Plan)
2007 Pearl River Watershed Feasibility Report (LeFleur Lake Project)
2010 PEER Report 540
2010 PEER Report 545
2008 WRDA Authorization Letter
Section 211 Support Agreement
Clarion Ledger Archives
Jackson Free Press, Pearl River: A Development and Flood Control Saga
Jackson Flood of 1979 - Journal of American Planning Association
1996 Army Corps of Engineers Feasibility Study (Comprehensive Levee Plan)
2007 Pearl River Watershed Feasibility Report (LeFleur Lake Project)
2010 PEER Report 540
2010 PEER Report 545
2008 WRDA Authorization Letter
Section 211 Support Agreement
Clarion Ledger Archives
Jackson Free Press, Pearl River: A Development and Flood Control Saga
Jackson Flood of 1979 - Journal of American Planning Association
Current members of the Rankin-Hinds Pearl River Flood and Drainage Control District (Levee Board):
-President of the Board, Mayor Gary Rhoads, City of Flowood
-Mayor Chokwe Lumumba, City of Jackson
-Mayor Clay Burns, City of Richland
-Mayor Jake Windham, City of Pearl
-Mr. Robert Graham, Hinds County Board of Supervisors Representative
-Mr. Jay Bishop, Rankin County Board of Supervisors Representative
-Vacant, State of Mississippi Representative
Levee Board meetings are open to the public, first Monday of every month, 2:30 pm, Flowood City Hall
-President of the Board, Mayor Gary Rhoads, City of Flowood
-Mayor Chokwe Lumumba, City of Jackson
-Mayor Clay Burns, City of Richland
-Mayor Jake Windham, City of Pearl
-Mr. Robert Graham, Hinds County Board of Supervisors Representative
-Mr. Jay Bishop, Rankin County Board of Supervisors Representative
-Vacant, State of Mississippi Representative
Levee Board meetings are open to the public, first Monday of every month, 2:30 pm, Flowood City Hall
Rankin Hinds Pearl River Flood and Drainage Control District boundaries map
Pearl Riverkeeper asks that everyone make his or her own decision regarding the Pearl River Flood Risk Management project using sound science and engineering. We encourage the review and thorough analysis of all available information. We welcome comments and feedback. Please email Pearl Riverkeeper or visit our Facebook for comment space. Our publishing, or re-publishing, of anyone else's research or opinions is not an endorsement on our part of those conclusions.
