US (United States) Code. Title 32. Chapter 12: River and harbor improvements generally

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Navigation and navigable waters

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-CITE-

33 USC CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS

GENERALLY 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

-HEAD-

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

540. Investigations and improvements; control by Department

of the Army; wildlife conservation.

540a. Availability of appropriations for attendance by

military personnel at meetings and for printing

survey reports.

541. Board of Engineers for Rivers and Harbors;

establishment; duties and powers generally.

542. Review by Board of Engineers of reports on

examinations and surveys and special reports.

543. Employment of civil engineers on western and

northwestern rivers.

544, 544a. Repealed.

544b. Employment of physicians to examine employees; fee or

employment basis; validation of prior agreements.

544c. Minority group participation in construction of the

Tennessee-Tombigbee Waterway project; annual report

to Congress.

545. Preliminary examinations and reports; surveys;

contents of report to Congress generally.

545a. Discontinuance.

546. Investigation of stream flow and watersheds; surveys

in connection with dams.

546a. Information as to configuration of shore line.

547. Reports as to local benefits of improvement and

recommendations as to local cooperation.

547a. Inclusion of regional economic development benefits in

economic analysis for purposes of computing economic

justification of project.

548, 549. Omitted or Repealed.

550. Report on water terminal and transfer facilities.

551. Policy of Government as to terminal facilities for new

projects.

552. Repealed.

553. Freight statistics.

554. Duty of shipowners and officers to furnish information

to person in local charge of improvement; penalty.

555. Duty of shipowners and officers to furnish information

required by Secretary of the Army.

555a. Petroleum product information.

(a) Disclosure to States.

(b) Requests for disclosure.

(c) Modes of disclosure.

(d) Confidentiality of disclosed information.

(e) Definitions.

(f) Omitted.

556. Printing reports generally.

557. Payment of costs of printing.

557a. Publication of pamphlets, maps, brochures, and other

material.

557b. Sale of publications, charts, or other material;

deposit of proceeds.

558. Proceeds from sale or transfer of property acquired.

558a. Repealed.

558b. Exchange of land or property.

558b-1. Application to authorized works of flood control.

558c. Rights-of-way over United States land.

559. Disposition of rentals for Government plants.

560. Contributions from private parties; return of excess.

561. Advances by private parties; repayment.

561a. Contributions from local interests; reduction to meet

lowered cost.

562. Channel depths and dimensions defined.

562a. Project depths for national defense purposes;

waterways for general commerce.

563, 564. Omitted or Repealed.

565. River and harbor improvement by private or municipal

enterprise.

566. Improvement by or under authority of State of New

Jersey.

567. Navigation and flood control improvements by

Minnesota, North Dakota, and South Dakota.

567a. Flood and pollution control compacts between certain

States.

567b. Pollution of Potomac drainage basin; control by State

compacts.

567b-1. Amended compact.

568. Limitation on power of committee of Congress to

consider projects.

569. Personal equipment for employees; use of funds for

purpose.

569a. Temporary employment of experts or consultants;

compensation.

569b. Contracts; architect and engineering services;

surveying and mapping services.

569c. Services of volunteers.

569d. Safety award and promotional materials.

(a) Promotion of safety program.

(b) Employee recognition.

(c) Authorization of appropriations.

569e. Use of private sector resources in surveying and

mapping.

569f. Debarment of persons convicted of fraudulent use of

"Made in America" labels.

570. Default in contract; disposition of amounts collected.

571. Crediting reimbursements for lost, stolen, or damaged

property.

572. Collection and removal of drift in Baltimore Harbor.

573, 574. Repealed or Omitted.

575. Availability of appropriations for expenses incident

to operation of power boats or vessels; expenses

defined; certification of expenditures.

576. Revolving fund; establishment; availability;

reimbursement; transfer of funds; limitation.

576a. Purchase of passenger motor vehicles by Corps of

Engineers.

576b. Lease authority.

577. Small river and harbor improvement projects.

(a) Allotment from appropriations for construction.

(b) Limitation on allotment.

(c) Lands, easements, and rights-of-way;

indemnification; assurances of local

cooperation.

(d) Sharing of costs by non-Federal interests.

(e) Completeness of project.

(f) Low water access navigation channels from

existing channel of Mississippi River.

577a. Small-boat navigation projects; charter fishing craft.

577b. Cost of operation and maintenance of general

navigation features of small boat harbor projects;

applicable projects.

578. Disposal of surplus property for development of public

port or industrial facilities.

(a) Conveyance by Secretary of the Army.

(b) Purchase price; conditions, reservations or

restrictions.

(c) Notice of proposed conveyance.

(d) Delegation of authority.

(e) Deposit of proceeds.

579. Repealed.

579a. Project deauthorizations.

(a) Funds to be obligated for construction to avoid

deauthorization.

(b) Transmission to Congress of list of

unconstructed projects or separable elements

authorized but not receiving obligations

during 10 fiscal years preceding transmission;

two-year updates of list.

(c) Deauthorized list; publication in Federal

Register.

SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND

SUBSISTENCE

581. Hiring special means of transportation.

582. Repealed.

583. Payment of allowances, etc., incident to change of

station of Engineer officers from appropriation for

improvements.

583a. Payment of pay and allowances of officers of Corps of

Engineers from appropriation for improvements.

584, 584a. Repealed.

SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

591. Condemnation, purchase, and donation of land and

materials.

592. Condemnation of land in aid of person, company,

corporation, municipal or private.

593. Condemnation of land in aid of State or State agency.

594. When immediate possession of land may be taken.

595. Consideration of benefits in assessing compensation.

595a. Compensation for taking or condemnation of property

for public improvements; fair market value; partial

taking; effective date.

596. Repealed.

597. Acquisition of lands for water resource development

projects; information as to probable timing for

acquisition; public meetings; regulations.

598. Resettlement of displaced families, individuals, and

business concerns.

(a) Acquisition of land; condemnation expenses;

bond.

(b) Acquisition provisions.

(c) Conveyance to State, public or private

nonprofit body.

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

601. Mississippi River; regulation of reservoirs at

headwaters.

602. Maintenance of channel of South Pass of Mississippi

River.

603. Repealed.

603a. Removal of snags and debris, and straightening,

clearing, and protecting channels in navigable

waters.

604. Removal of snags, etc., from Mississippi River.

605. Operation of snag boats on Upper Mississippi River.

606. Removal of snags, and so forth, from Ohio River.

607. Removal of drift from New York Harbor.

607a. Appropriations; separate project.

608. Construction of fishways.

609. Sluices and other work in dams for development of

water power.

610. Control of aquatic plant growths.

(a) In general.

(b) Appropriations.

(c) Support.

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

621. By what methods river and harbor work may be

authorized to be prosecuted.

622. Contracts, etc., with private industry for

implementation of projects for improvements and

dredging; reduction of federally owned fleet.

(a) Contracts for dredging and related work.

(b) Reduction of federally owned fleet.

(c) Program to increase use of private hopper

dredges.

623. Repealed.

624. Limitation on improvement work by private contract.

(a) Determinations respecting comparison of private

contract price with estimation of cost of

performance of work by Government plant or by

well-equipped contractor.

(b) Considerations involved in determinations of

estimation of cost of performance of work by

Government plant.

(c) Considerations involved in determinations of

estimation of cost of performance of work by

well-equipped contractor.

625. Repealed.

626. Prosecution of work when appropriation insufficient.

627. Application of appropriation when separate works are

included therein.

628. Expenditure for dredging within harbor lines.

629. Contract for hire of dredging plant.

630. Limitation on expenditure for purchase of dredges.

631. Transfer of property between projects.

632. Omitted.

633. Protection, alteration, reconstruction, relocation, or

replacement of structures and facilities; contract

standards; reasonable costs.

-End-

-CITE-

33 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

33 USC Sec. 540 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 540. Investigations and improvements; control by Department of

the Army; wildlife conservation

-STATUTE-

Federal investigations and improvements of rivers, harbors, and

other waterways shall be under the jurisdiction of and shall be

prosecuted by the Department of the Army under the direction of the

Secretary of the Army and the supervision of the Chief of

Engineers, except as otherwise specifically provided by Act of

Congress, which said investigations and improvements shall include

a due regard for wildlife conservation.

-SOURCE-

(June 20, 1938, ch. 535, Sec. 1, 52 Stat. 802; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-MISC1-

PRIOR PROVISIONS

Acts Aug. 30, 1935, ch. 831, 49 Stat. 1028; Aug. 26, 1937, ch.

832, 50 Stat. 844, contained similar provisions.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

WATERWAY IMPROVEMENTS STUDY AND REPORT; AVAILABILITY OF DATA TO

NATIONAL TRANSPORTATION POLICY COMMISSION

Pub. L. 94-587, Sec. 158, Oct. 22, 1976, 90 Stat. 2933, directed

the Secretary of the Army, acting through the Chief of Engineers,

to make a comprehensive study and report on the system of waterway

improvements under his jurisdiction, including a review of

emergency and defense requirements and an appraisal of additional

improvements necessary to optimize the system and its intermodal

characteristics, and to submit a report to Congress within three

years after funds were first appropriated and made available for

the study, together with his recommendations. The Secretary of the

Army, acting through the Chief of Engineers, was to make available

to the National Transportation Policy Study Commission established

by section 154 of Public Law 94-280 [set out as a note under

section 101 of Title 23, Highways], the information and other data

developed as a result of the study.

REIMBURSEMENT OF STATES FOR WATER RESOURCES PROJECTS; STUDY

Pub. L. 89-298, title III, Sec. 314, Oct. 27, 1965, 79 Stat.

1096, authorized the Secretary of the Army, through the Chief of

Engineers, to study the need for and feasibility of Federal

reimbursement of certain public entities for their expenses

incurred in connection with authorized projects for improvements of

rivers, harbors, and certain other waterways, for various purposes,

and to submit a report to Congress no later than Jan. 31, 1967,

together with his recommendations in connection therewith.

-End-

-CITE-

33 USC Sec. 540a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 540a. Availability of appropriations for attendance by

military personnel at meetings and for printing survey reports

-STATUTE-

Appropriations in this title (!1) or appropriations made in this

title (!1) in subsequent Energy and Water Development

Appropriations Acts shall on and after October 2, 1992, be

available for expenses of attendance by military personnel at

meetings in the manner authorized by section 4110 of title 5,

uniforms, and allowances therefor, as authorized by law (5 U.S.C.

5901-5902), and for printing, either during a recess or session of

Congress, of survey reports authorized by law, and such survey

reports as may be printed during a recess of Congress shall be

printed, with illustrations, as documents of the next succeeding

session of Congress.

-SOURCE-

(Pub. L. 102-377, title I, Oct. 2, 1992, 106 Stat. 1325.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in text, is title I of Pub. L. 102-377,

Oct. 2, 1992, 106 Stat. 1315. For complete classification of title

I to the Code, see Tables.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 541 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 541. Board of Engineers for Rivers and Harbors; establishment;

duties and powers generally

-STATUTE-

There shall be organized in the office of the Chief of Engineers,

United States Army, by detail from time to time from the Corps of

Engineers, a board of seven engineer officers, a majority of whom

shall be of rank not less than lieutenant colonel, whose duties

shall be fixed by the Chief of Engineers, and to whom shall be

referred for consideration and recommendation, in addition to any

other duties assigned, so far as in the opinion of the Chief of

Engineers may be necessary, all reports upon examinations and

surveys provided for by Congress, and all projects or changes in

projects for works of river and harbor improvement prior to June

13, 1902, or thereafter provided for. And the board shall submit to

the Chief of Engineers recommendations as to the desirability of

commencing or continuing any and all improvements upon which

reports are required. And in the consideration of such works and

projects the board shall have in view the amount and character of

commerce existing or reasonably prospective which will be benefited

by the improvement, and the relation of the ultimate cost of such

work, both as to cost of construction and maintenance, to the

public commercial interests involved, and the public necessity for

the work and propriety of its construction, continuance, or

maintenance at the expense of the United States. And such

consideration shall be given as time permits to such works as have,

prior to June 13, 1902, been provided for by Congress, the same as

in the case of new works proposed. The board shall, when it

considers the same necessary, and with the sanction and under

orders from the Chief of Engineers, make, as a board or through its

members, personal examinations of localities. And all facts,

information, and arguments which are presented to the board for its

consideration in connection with any matter referred to it by the

Chief of Engineers shall be reduced to and submitted in writing,

and made a part of the records of the office of the Chief of

Engineers. It shall further be the duty of said board, upon a

request transmitted to the Chief of Engineers by the Committee on

Public Works and Transportation of the House of Representatives, or

the Committee on Environment and Public Works of the Senate, in the

same manner to examine and report through the Chief of Engineers

upon any projects adopted, prior to June 13, 1902, by the

Government or upon which appropriations have been made, and report

upon the desirability of continuing the same or upon any

modifications thereof which may be deemed desirable. As used in

this section the term "commerce" shall include the use of waterways

by seasonal passenger craft, yachts, house boats, fishing boats,

motor boats, and other similar water craft, whether or not operated

for hire.

The board shall have authority, with the approval of the Chief of

Engineers, to rent quarters, if necessary, for the proper

transaction of its business, and to employ such civil employees as

may, in the opinion of the Chief of Engineers, be required for

properly transacting the business assigned to it, and the necessary

expenses of the board shall be paid from allotments made by the

Chief of Engineers from any appropriations made by Congress for the

work or works to which the duties of the board pertain.

-SOURCE-

(June 13, 1902, ch. 1079, Sec. 3, 32 Stat. 372; Mar. 4, 1913, ch.

144, Sec. 4, 37 Stat. 827; Feb. 10, 1932, ch. 26, 47 Stat. 42; Pub.

L. 103-437, Sec. 12(a), Nov. 2, 1994, 108 Stat. 4590.)

-COD-

CODIFICATION

The original text of section 3 of act June 13, 1902, provided for

"a board of five engineer officers, whose duties shall be fixed by

the Chief of Engineers." The last proviso of act Mar. 4, 1913,

provided "that said board shall consist of seven members, a

majority of whom shall be of rank not less than lieutenant

colonel."

Other parts of section 4 of act Mar. 4, 1913, are set out in

section 542 of this title.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Committee on Public Works and

Transportation of the House of Representatives, or the Committee on

Environment and Public Works of the Senate" for "Committee on

Rivers and Harbors of the House of Representatives, or the

Committee on Commerce of the Senate".

1932 - Act Feb. 10, 1932, inserted sentence defining "commerce".

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-TRANS-

TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND

REASSIGNMENT OF DUTIES AND RESPONSIBILITIES

Pub. L. 102-580, title II, Sec. 223, Oct. 31, 1992, 106 Stat.

4837, provided that: "The Board of Engineers for Rivers and

Harbors, established by section 3 of the River and Harbor Act of

June 13, 1902 (33 U.S.C. 541), shall cease to exist on the 180th

day following the date of the enactment of this Act [Oct. 31,

1992]. The Secretary may reassign to other elements within the

Department of the Army such duties and responsibilities of the

Board as the Secretary determines to be necessary."

-MISC2-

WATERWAYS COMMISSION

Act Aug. 8, 1917, ch. 49, Sec. 18, 40 Stat. 269, created a

commission to be known as the Waterways Commission, to bring into

coordination and cooperation the engineering, scientific, and

constructive services, bureaus, boards, etc., relating to study

development, or control of waterways, etc., prior to repeal by act

June 10, 1920, ch. 285, Sec. 29, 41 Stat. 1077.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426-3, 542 of this title.

-End-

-CITE-

33 USC Sec. 542 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 542. Review by Board of Engineers of reports on examinations

and surveys and special reports

-STATUTE-

All reports on examinations and surveys authorized by law shall

be reviewed by the Board of Engineers for Rivers and Harbors as

provided for in section 541 of this title, and all special reports

ordered by Congress shall, in the discretion of the Chief of

Engineers, be reviewed in like manner by said board; and the said

board shall also, on request by resolution of the Committee on

Environment and Public Works of the Senate or the Committee on

Public Works and Transportation of the House of Representatives,

submitted to the Chief of Engineers, examine and review the report

of any examination or survey made pursuant to any Act or resolution

of Congress, and report thereon through the Chief of Engineers,

United States Army, who shall submit his conclusions thereon as in

other cases: Provided, That in no case shall the board, in its

report thus called for by committee resolution, extend the scope of

the project contemplated in the original report upon which its

examination and review has been requested, or in the provision of

law authorizing the original examination or survey.

-SOURCE-

(Mar. 4, 1913, ch. 144, Sec. 4, 37 Stat. 826; Pub. L. 103-437, Sec.

12(b), Nov. 2, 1994, 108 Stat. 4590.)

-COD-

CODIFICATION

Section is from part of section 4 of act Mar. 4, 1913, popularly

known as the "Rivers and Harbors Act of 1913". The last proviso of

said section 4 is set out in section 541 of this title.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-437 substituted "Committee on Environment and

Public Works of the Senate or the Committee on Public Works and

Transportation of the House of Representatives" for "Committee on

Commerce of the Senate or the Committee on Rivers and Harbors of

the House of Representatives".

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions insofar as they pertain to Air

Force, and to extent that they were not previously transferred to

Secretary of the Air Force and Department of the Air Force from

Secretary of the Army and Department of the Army, see Secretary of

Defense Transfer Order No. 40, July 22, 1949.

TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND

REASSIGNMENT OF DUTIES AND RESPONSIBILITIES

For termination of Board of Engineers for Rivers and Harbors 180

days after Oct. 31, 1992, and reassignment of duties and

responsibilities by Secretary of Army, see section 223 of Pub. L.

102-580, set out as a note under section 541 of this title.

-End-

-CITE-

33 USC Sec. 543 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 543. Employment of civil engineers on western and northwestern

rivers

-STATUTE-

The Chief of Engineers may, with the approval of the Secretary of

the Army, employ such civil engineers, not exceeding five in

number, for the purpose of executing the surveys and improvements

of western and northwestern rivers, ordered by Congress, as may be

necessary to the proper and diligent prosecution of the same; and

the persons so employed may be allowed a reasonable compensation

for their services, not to exceed the sum of $3,000 a year.

-SOURCE-

(R.S. Sec. 5253; July 26, 1947, ch. 343, title II, Sec. 205(a), 61

Stat. 501.)

-COD-

CODIFICATION

R.S. Sec. 5253 derived from Res. Mar. 29, 1867, No. 27, 15 Stat.

28.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions insofar as they pertain to Air

Force, and to extent that they were not previously transferred to

Secretary of the Air Force and Department of the Air Force from

Secretary of the Army and Department of the Army, see Secretary of

Defense Transfer Order No. 40, July 22, 1949.

-End-

-CITE-

33 USC Sec. 544 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 544. Repealed. Aug. 19, 1968, Pub. L. 88-448, Sec. 402(a)(9),

78 Stat. 493

-MISC1-

Section, act June 3, 1896, ch. 314, Sec. 7, 29 Stat. 235, related

to employment of retired officers of the Army or Navy on river and

harbour improvements.

-End-

-CITE-

33 USC Sec. 544a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 544a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 650

-MISC1-

Section, act June 20, 1938, ch. 535, Sec. 5, 52 Stat. 805,

related to employment of retired civil service employees. See

section 3323 of Title 5, Government Organization and Employees.

-End-

-CITE-

33 USC Sec. 544b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 544b. Employment of physicians to examine employees; fee or

employment basis; validation of prior agreements

-STATUTE-

The Chief of Engineers may authorize the employment of physicians

under agreement, to make such physical examinations of employees or

prospective employees as he may consider essential, on a fee or

regular employment basis, and all agreements entered into prior to

March 2, 1945, for such purposes are validated, and the Comptroller

General is authorized and directed to allow credit in the accounts

of disbursing officers for reasonable payments made prior to March

2, 1945, for such services.

-SOURCE-

(Mar. 2, 1945, ch. 19, Sec. 5, 59 Stat. 24.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions insofar as they pertain to Air

Force, and to extent that they were not previously transferred to

Secretary of the Air Force and Department of the Air Force from

Secretary of the Army and Department of the Army, see Secretary of

Defense Transfer Order No. 40, July 22, 1949.

-End-

-CITE-

33 USC Sec. 544c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 544c. Minority group participation in construction of the

Tennessee-Tombigbee Waterway project; annual report to Congress

-STATUTE-

The Secretary of the Army, acting through the Chief of Engineers,

is directed to make a maximum effort to assure the full

participation of members of minority groups, living in the States

participating in the Tennessee-Tombigbee Waterway Development

Authority, in the construction of the Tennessee-Tombigbee Waterway

project, including actions to encourage the use, wherever possible,

of minority owned firms.

-SOURCE-

(Pub. L. 94-587, Sec. 185, Oct. 22, 1976, 90 Stat. 2941; Pub. L.

104-106, div. A, title X, Sec. 1064(e), Feb. 10, 1996, 110 Stat.

445.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106 struck out at end "The Chief of Engineers

is directed to report on July 1 of each year to the Congress on the

implementation of this section, together with recommendation for

any legislation that may be needed to assure the fuller and more

equitable participation of members of minority groups in this

project or others under the direction of the Secretary."

-End-

-CITE-

33 USC Sec. 545 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 545. Preliminary examinations and reports; surveys; contents

of report to Congress generally

-STATUTE-

In all cases where preliminary examinations and surveys are

authorized a preliminary examination of the river, harbor, or other

proposed improvement mentioned shall first be made and a report as

to the advisability of its improvement shall be submitted unless a

survey or estimate is expressly directed. If upon such preliminary

examination the proposed improvement is not deemed advisable, no

further action shall be taken thereon without the further direction

of Congress; but in case the report shall be favorable to such

proposed improvement, or that a survey and estimate should be made

to determine the advisability of improvement, the Secretary of the

Army is authorized, in his discretion, to cause surveys to be made,

and the cost and advisability to be reported to Congress. And such

reports containing plans and estimates shall also contain a

statement as to the rate at which the work should be prosecuted:

Provided, That every report submitted to Congress, in addition to

full information regarding the present and prospective commercial

importance of the project covered by the report and the benefit to

commerce likely to result from any proposed plan of improvement,

shall also contain such data as it may be practicable to secure in

regard to the following subjects:

(a) The existence and establishment of both private and public

terminal and transfer facilities contiguous to the navigable water

proposed to be improved, and, if water terminals have been

constructed, the general location, description, and use made of the

same, with an opinion as to their adequacy and efficiency, whether

private or public. If no public terminals have been constructed, or

if they are inadequate in number, there shall be included in the

report an opinion in general terms as to the necessity, number, and

appropriate location of the same, and also the necessary relations

of such proposed terminals to the development of commerce.

(b) The development and utilization of water power for industrial

and commercial purposes.

(c) Such other subjects as may be properly connected with such

project: Provided, That in the investigation and study of these

questions consideration shall be given only to their bearing upon

the improvement of navigation, to the possibility and desirability

of their being coordinated in a logical and proper manner with

improvements for navigation to lessen the cost of such improvements

and to compensate the Government for expenditures made in the

interest of navigation, and to their relation to the development

and regulation of commerce: Provided further, That the

investigation and study of these questions may, upon review by the

Board of Engineers for Rivers and Harbors when called for as

provided by law, be extended to any work of improvement under way

and to any locality the examination and survey of which has

heretofore been, or may hereafter be, authorized by Congress.

-SOURCE-

(Mar. 4, 1913, ch. 144, Sec. 3, 37 Stat. 825; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

This section and the second paragraph of section 556 of this

title are from section 3 of act Mar. 4, 1913, popularly known as

the "Rivers and Harbors Appropriation Act of 1913". That section

superseded similar provisions of act June 25, 1910, ch. 382, Sec.

3, 36 Stat. 668, for reports, investigations on review by the board

of Engineers and for the printing of reports.

-MISC1-

PRIOR PROVISIONS

Provision for report of examinations of river and harbor

improvements appeared in R.S. Sec. 231, repealed by act Mar. 3,

1933, ch. 202, Sec. 1, 47 Stat. 1428, and read as follows: "The

Secretary of War shall cause to be prepared and submitted to

Congress, in connection with the reports of examinations and

surveys of rivers and harbors hereafter made by order of Congress,

full statements of all existing facts tending to show to what

extent the general commerce of the country will be promoted by the

several works of improvements contemplated by such examinations and

surveys, to the end that public moneys shall not be applied

excepting where such improvements shall tend to subserve the

general commercial and navigation interests of the United States."

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND

REASSIGNMENT OF DUTIES AND RESPONSIBILITIES

For termination of Board of Engineers for Rivers and Harbors 180

days after Oct. 31, 1992, and reassignment of duties and

responsibilities by Secretary of Army, see section 223 of Pub. L.

102-580, set out as a note under section 541 of this title.

-MISC2-

TEMPORARY PROHIBITORY PROVISIONS

Provisions prohibiting supplemental reports or estimates,

prohibiting the making of examination or survey for new works not

designated, and providing that projects were not to be deemed

entered upon until appropriations were made, appeared in various

rivers and harbors appropriation acts. They are omitted from the

Code as superseded or temporary.

REPORT ON IMPROVEMENTS FOR COASTAL DEFENSE PURPOSES

The Secretary of War and the Secretary of the Navy were

authorized and directed to report to Congress at the earliest

practicable date, such specific plans for improvement of harbors,

canals and connecting channels as would best provide adequate

facilities for operations of the fleet for defense of the harbors

on the Atlantic, Gulf, and Pacific coasts; also the feasible

extensions requisite to make existing approved projects for

improvement of such harbors, canals, and channels available for

such purposes, and the cost of each such several improvements,

calculated upon the basis of completion under contract within five

years, by act Aug. 29, 1916, ch. 417, 39 Stat. 556, omitted from

the Code as special and temporary.

PRELIMINARY EXAMINATIONS AND SURVEYS OF GREAT LAKES

The Secretary of War was directed to cause preliminary

examinations and surveys to be made of the harbors and connecting

waters of the Great Lakes with a view to determining what

additional improvements would be necessary to permit those

waterways to accommodate vessels to pass through the Welland Canal

when enlarged by the Dominion of Canada, including report as to the

character and draft of vessels which might be expected to use the

canal when so enlarged, by a provision of the Rivers and Harbors

Appropriation Act of 1916, act July 27, 1916, ch. 260, Sec. 2, 39

Stat. 411, omitted from the Code as special and temporary.

-End-

-CITE-

33 USC Sec. 545a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 545a. Discontinuance

-STATUTE-

For preliminary examinations and surveys authorized in previous

river and harbor and flood-control Acts, the Secretary of the Army

is directed to cause investigations and reports for navigation and

allied purposes to be prepared under the supervision of the Chief

of Engineers in the form of survey reports, and that preliminary

examination reports shall no longer be required to be prepared.

-SOURCE-

(Pub. L. 85-500, title I, Sec. 105, July 3, 1958, 72 Stat. 300.)

-REFTEXT-

REFERENCES IN TEXT

Previous river and harbor and flood-control Acts, referred to in

text, means those acts prior to the River and Harbor Act of 1958

and the Flood Control Act of 1958, titles I and II, respectively,

of Pub. L. 85-500.

-End-

-CITE-

33 USC Sec. 546 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 546. Investigation of stream flow and watersheds; surveys in

connection with dams

-STATUTE-

The surveys of navigable streams shall include such stream-flow

measurements and other investigations of the watersheds as may be

necessary for preparation of plans of improvement and a proper

consideration of all uses of the stream affecting navigation, and

whenever necessary similar investigations may be made in connection

with all navigable streams under improvement. Whenever permission

for the construction of dams in navigable streams is granted, or is

under consideration by Congress, such surveys and investigations of

the sections of the streams affected may be made as are necessary

to secure conformity with rational plans for the improvement of the

streams for navigation.

-SOURCE-

(June 25, 1910, ch. 382, Sec. 3, 36 Stat. 669.)

-COD-

CODIFICATION

Section is from section 3 of act June 25, 1910, popularly known

as the "Rivers and Harbors Appropriation Act of 1910". Other

provisions of such section were omitted, as superseded by section

545 of this title.

-MISC1-

PRIOR PROVISIONS

General provisions regulating the construction of dams were made

by the Dam Act of June 21, 1906, ch. 3508, 34 Stat. 386, as amended

by act June 23, 1910, ch. 360, 36 Stat. 593, apparently omitted

from the Code as superseded.

-End-

-CITE-

33 USC Sec. 546a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 546a. Information as to configuration of shore line

-STATUTE-

Every report submitted to Congress in pursuance of any provision

of law for preliminary examination and survey looking to the

improvement of the entrance at the mouth of any river or at any

inlet, in addition to other information which the Congress has

directed shall be given, shall contain information concerning the

configuration of the shore line and the probable effect thereon

that may be expected to result from the improvement having

particular reference to erosion and/or accretion for a distance of

not less than ten miles on either side of the said entrance.

-SOURCE-

(Aug. 30, 1935, ch. 831, Sec. 5, 49 Stat. 1048.)

-End-

-CITE-

33 USC Sec. 547 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 547. Reports as to local benefits of improvement and

recommendations as to local cooperation

-STATUTE-

Every report submitted to Congress in pursuance of any provision

of law for a survey, in addition to other information which the

Congress has directed shall be given, shall contain a statement of

special or local benefit which will accrue to localities affected

by such improvement and a statement of general or national

benefits, with recommendations as to what local cooperation should

be required, if any, on account of such special or local benefit.

-SOURCE-

(June 5, 1920, ch. 252, Sec. 2, 41 Stat. 1010.)

-COD-

CODIFICATION

Section is from act June 5, 1920, popularly known as the "Rivers

and Harbors Appropriation Act of 1921".

-End-

-CITE-

33 USC Sec. 547a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 547a. Inclusion of regional economic development benefits in

economic analysis for purposes of computing economic

justification of project

-STATUTE-

In the case of any authorized navigation project which has been

partially constructed, or is to be constructed, which is located in

one or more States, and which serves regional needs, the Secretary

of the Army, acting through the Chief of Engineers, may include in

any economic analysis which is under preparation on October 22,

1976, such regional economic development benefits as he determines

to be appropriate for purposes of computing the economic

justification of the project.

-SOURCE-

(Pub. L. 94-587, Sec. 140, Oct. 22, 1976, 90 Stat. 2930.)

-End-

-CITE-

33 USC Sec. 548 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 548. Omitted

-COD-

CODIFICATION

Section, act Mar. 3, 1925, ch. 467, Sec. 7, 43 Stat. 1191,

required a report on projects adopted prior to March 3, 1925.

-End-

-CITE-

33 USC Sec. 549 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 549. Repealed. Pub. L. 96-470, title I, Sec. 104(c), Oct. 19,

1980, 94 Stat. 2238

-MISC1-

Section, act Mar. 3, 1899, ch. 425, Sec. 7, 30 Stat. 1150,

provided that Chief of Engineers, in submitting his annual reports

to Congress on river and harbor improvements, report on

deterioration in improvements, estimate cost of repairing or

rebuilding such works, and recommend discontinuance of

appropriations for any works deemed unworthy of further

improvement.

-End-

-CITE-

33 USC Sec. 550 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 550. Report on water terminal and transfer facilities

-STATUTE-

The Chief of Engineers, United States Army, shall indicate in his

annual reports the character of the terminal and transfer

facilities existing on every harbor or waterway under maintenance

or improvement by the United States, and state whether they are

considered adequate for existing commerce. He shall also submit one

or more special reports on this subject, as soon as possible after

January 18, 1918, including, among other things, the following:

(a) A brief description of such water terminals, including

location and the suitability of such terminals to the existing

traffic conditions, and whether such terminals are publicly or

privately owned, and the terms and conditions under which they may

be subjected to public use.

(b) Whether such water terminals are connected by a belt or spur

line of railroad with all the railroads serving the same territory

or municipality, and whether such connecting railroad is owned by

the public and the conditions upon which the same may be used, and

also whether there is an interchange of traffic between the water

carriers and the railroad or railroads as to such traffic which is

carried partly by rail and partly by water to its destination, and

also whether improved and adequate highways have been constructed

connecting such water terminal with the other lines of highways.

(c) If no water terminals have been constructed by the

municipality or other existing public agency there shall be

included in his report an expression of opinion in general terms as

to the necessity, number, and appropriate location of such a

terminal or terminals.

(d) An investigation of the general subject of water terminals,

with descriptions and general plans of terminals of appropriate

types and construction for the harbors and waterways of the United

States suitable for various commercial purposes and adapted to the

varying conditions of tides, floods, and other physical

characteristics.

-SOURCE-

(July 18, 1918, ch. 155, Sec. 7, 40 Stat. 911.)

-COD-

CODIFICATION

Section is from act July 18, 1918, popularly known as the "Rivers

and Harbors Appropriation Act of 1918".

-End-

-CITE-

33 USC Sec. 551 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 551. Policy of Government as to terminal facilities for new

projects

-STATUTE-

It is declared to be the policy of the Congress that water

terminals are essential at all cities and towns located upon

harbors or navigable waterways and that at least one public

terminal should exist, constructed, owned, and regulated by the

municipality or other public agency of the State and open to the

use of all on equal terms. The Secretary of the Army, through the

Chief of Engineers, shall give full publicity, as far as may be

practicable, to this provision.

-SOURCE-

(Mar. 2, 1919, ch. 95, Sec. 1, 40 Stat. 1286; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act Mar. 2, 1919, popularly known as the "Rivers

and Harbors Appropriation Act of 1919".

The original text of said section 1 read as follows: "It is

hereby declared to be the policy of the Congress that water

terminals are essential at all cities and towns located upon

harbors or navigable waterways and that at least one public

terminal should exist, constructed, owned, and regulated by the

municipality, or other public agency of the State and open to the

use of all on equal terms, and with the view of carrying out this

policy to the fullest possible extent the Secretary of War is

hereby vested with the discretion to withhold, unless the public

interests would seriously suffer by delay, monies appropriated in

this Act for new projects adopted herein, or for the further

improvement of existing projects if, in his opinion, no water

terminals exist adequate for the traffic and open to all on equal

terms, or unless satisfactory assurances are received that local or

other interests will provide such adequate terminal or terminals.

The Secretary of War, through the Chief of Engineers, shall give

full publicity, as far as may be practicable, to this provision."

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 552 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 552. Repealed. May 29, 1928, ch. 901, Sec. 1(28), 45 Stat. 988

-MISC1-

Section, act Aug. 5, 1886, ch. 929, Sec. 8, 24 Stat. 335,

required reports to Congress concerning civilian engineers employed

in improving rivers and harbors.

-End-

-CITE-

33 USC Sec. 553 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 553. Freight statistics

-STATUTE-

In the collection of statistics relating to traffic, the Corps of

Engineers is directed to adopt a uniform system of classification

for freight, and upon rivers or inland waterways to collate

ton-mileage statistics as far as practicable.

-SOURCE-

(July 25, 1912, ch. 253, Sec. 1, 37 Stat. 223.)

-COD-

CODIFICATION

Section is from part of section 1 of act July 25, 1912, popularly

known as the "Rivers and Harbors Appropriation Act of 1912".

-End-

-CITE-

33 USC Sec. 554 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 554. Duty of shipowners and officers to furnish information to

person in local charge of improvement; penalty

-STATUTE-

Owners, agents, masters, and clerks of vessels arriving at or

departing from localities where works of river and harbor

improvement are carried on shall furnish, on application of the

persons in local charge of the works, a comprehensive statement of

vessels, passengers, freight, and tonnage.

Every person or persons offending against the provisions of this

section shall, for each and every offense, be liable to a fine of

$100, or imprisonment not exceeding two months, to be enforced in

any district court in the United States within whose territorial

jurisdiction such offense may have been committed.

-SOURCE-

(Feb. 21, 1891, ch. 252, Secs. 1, 2, 26 Stat. 766.)

-End-

-CITE-

33 USC Sec. 555 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 555. Duty of shipowners and officers to furnish information

required by Secretary of the Army

-STATUTE-

Owners, agents, masters, and clerks of vessels and other craft

plying upon the navigable waters of the United States, and all

individuals and corporations engaged in transporting their own

goods upon the navigable waters of the United States, shall furnish

such statements relative to vessels, passengers, freight, and

tonnage as may be required by the Secretary of the Army: Provided,

That this provision shall not apply to those rafting logs except

upon a direct request upon the owner to furnish specific

information.

Every person or persons offending against the provisions of this

section shall, for each and every offense, be liable to a fine of

not more than $5,000, or imprisonment not exceeding two months, to

be enforced in any district court in the United States within whose

territorial jurisdiction such offense may have been committed. In

addition, the Secretary may assess a civil penalty of up to $2,500,

per violation, against any person or entity that fails to provide

timely, accurate statements required to be submitted pursuant to

this section by the Secretary.

-SOURCE-

(Sept. 22, 1922, ch. 427, Sec. 11, 42 Stat. 1043; July 26, 1947,

ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 99-662, title

IX, Sec. 919(f), Nov. 17, 1986, 100 Stat. 4193.)

-COD-

CODIFICATION

Section is from act Sept. 22, 1922, popularly known as the

"Rivers and Harbors Appropriation Act of 1922".

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-662 substituted "not more than $5,000" for

"$100" and inserted "In addition, the Secretary may assess a civil

penalty of up to $2,500, per violation, against any person or

entity that fails to provide timely, accurate statements required

to be submitted pursuant to this section by the Secretary."

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 555a of this title.

-End-

-CITE-

33 USC Sec. 555a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 555a. Petroleum product information

-STATUTE-

(a) Disclosure to States

The Secretary shall disclose petroleum product information to any

State taxing agency making a request under subsection (b) of this

section. Such information shall be disclosed for the purpose of,

and only to the extent necessary in, the administration of State

tax laws.

(b) Requests for disclosure

Disclosure of information under this section shall be permitted

only upon written request by the head of the State taxing agency

and only to the representatives of such agency designated in such

written request as the individuals who are to inspect or to receive

the information on behalf of such agency. Any such representative

shall be an employee or legal representative of such agency.

(c) Modes of disclosure

(1) Requests for the disclosure of information under this

section, and such disclosure, shall be made in such manner and at

such time and place as shall be prescribed by the Secretary.

(2) Information disclosed to any person under this section may be

provided in the form of written documents or reproductions of such

documents, or by any other mode or means which the Secretary

determines necessary or appropriate. A reasonable fee may be

prescribed for furnishing such information.

(3) Any reproduction of any document or other matter made in

accordance with this subsection shall have the same legal status as

the original, and any such reproduction shall, if properly

authenticated, be admissible in evidence in any judicial or

administrative proceeding as if it were the original, whether or

not the original is in existence.

(d) Confidentiality of disclosed information

The Secretary shall not disclose information to a State taxing

agency of a State under this section unless such State has in

effect provisions of law which -

(1) exempt such information from disclosure under a State law

requiring agencies of the State to make information available to

the public, or

(2) otherwise protect the confidentiality of the information.

Nothing in the preceding sentence shall be construed to prohibit

the disclosure by an officer or employee of a State of information

to another officer or employer of such State (or political

subdivision of such State) to the extent necessary in the

administration of State tax laws.

(e) Definitions

For purposes of this section, the term -

(1) "petroleum product information" means information relating

to petroleum products transported by vessel which is received by

the Secretary (A) under section 555 of this title, or (B) under

any other legal authority; and

(2) "State taxing agency" means any State agency, body, or

commission, or its legal representative, which is charged under

the laws of such State with responsibility for the administration

of State tax laws.

(f) Omitted

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 919, Nov. 17, 1986, 100 Stat.

4192.)

-COD-

CODIFICATION

Subsec. (f) of this section amended section 555 of this title.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2201 of

this title.

-End-

-CITE-

33 USC Sec. 556 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 556. Printing reports generally

-STATUTE-

The Secretary of the Army shall cause the manuscript of the

annual report of the Chief of Engineers and subordinate engineers,

relating to the improvement of rivers and harbors, and the report

of the Mississippi River Commission to be placed in the hands of

the Public Printer on or before the 15th day of October in each

year, and the Public Printer shall cause said reports to be printed

with an accurate and comprehensive index thereof, on or before the

first Monday in December in each year, for the use of Congress.

All reports on examinations and surveys which may be prepared

during the recess of Congress shall, in the discretion of the

Secretary of the Army, be printed by the Public Printer as

documents of the following session of Congress.

-SOURCE-

(Aug. 11, 1888, ch. 860, Sec. 8, 25 Stat. 424; June 13, 1902, ch.

1079, Sec. 1, 32 Stat. 367; Mar. 4, 1913, ch. 144, Sec. 3, 37 Stat.

826; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

The first paragraph of this section is from act Aug. 11, 1888,

popularly known as the "Rivers and Harbors Appropriation Act".

The Mississippi River Commission was created by act June 28,

1879, set out as sections 641, 642, 644, 646, and 647 of this

title.

The words "and Missouri" which appeared in the original text

after "Mississippi" were superseded by the abolition of the

Missouri River Commission by act June 13, 1902, ch. 1079, Sec. 1,

32 Stat. 367.

The second paragraph of this section is from the last paragraph

of section 3 of act Mar. 4, 1913, which superseded a similar

provision of act July 25, 1912, ch. 253, 37 Stat. 231. Other parts

of said section 3 are set out in section 545 of this title.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC1-

COMPILATION AND PRINTING OF LAWS

Act June 5, 1920, ch. 252, Sec. 6, 41 Stat. 1014, as amended by

act Mar. 3, 1925, ch. 467, Sec. 4, 43 Stat. 1190, provided for

compilation and printing of laws relating to improvement of rivers

and harbors, passed between Mar. 4, 1913, until and including laws

of second session of Sixty-eighth Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2295 of this title.

-End-

-CITE-

33 USC Sec. 557 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 557. Payment of costs of printing

-STATUTE-

The printing of matter relating to river and harbor works,

including all reports, compilations, regulations, and so forth,

whose preparation is allowable under Department of the Army

regulations, shall be done and paid for out of regular annual

appropriations for printing and binding for the Department of the

Army.

-SOURCE-

(July 25, 1912, ch. 253, Sec. 13, 37 Stat. 234; July 1, 1916, ch.

209, Sec. 1, 39 Stat. 330; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from section 1 of act July 1, 1916, repealing section

13 of act July 25, 1912.

Section 1 of that act was a provision, following an appropriation

for printing for the War Department, of the Sundry Civil

Appropriation Act for 1917.

The repealed section 13 of act July 25, 1912, read as follows:

"The printing of matter relating to river and harbor works,

including all reports, compilations, regulations, and so forth,

whose preparation is allowable under War Department regulations,

may, upon recommendation of the Chief of Engineers and approval by

the Secretary of War, be paid for from river and harbor

appropriations."

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 557a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 557a. Publication of pamphlets, maps, brochures, and other

material

-STATUTE-

The Chief of Engineers is authorized to publish information

pamphlets, maps, brochures, and other material on river and harbor,

flood control, and other civil works activities, including related

public park and recreation facilities, under his jurisdiction, as

he may deem to be of value to the general public.

-SOURCE-

(Pub. L. 85-480, Sec. 1, July 2, 1958, 72 Stat. 279.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 557b of this title.

-End-

-CITE-

33 USC Sec. 557b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 557b. Sale of publications, charts, or other material; deposit

of proceeds

-STATUTE-

The Chief of Engineers is authorized to provide for the sale of

any of the material prepared under authority of section 557a of

this title; and of publications, charts, or material prepared under

his direction pursuant to other legislative authorization or

appropriation, and to charge therefor a sum not less than the cost

of reproduction. The money received from sales authorized by this

section shall be deposited into the Treasury to the credit of

miscellaneous receipts, except that in any case in which the cost

of reproduction has been paid from the revolving fund established

pursuant to the Civil Functions Appropriation Act, 1954, the

proceeds shall be deposited to the credit of such fund.

-SOURCE-

(Pub. L. 85-480, Sec. 2, July 2, 1958, 72 Stat. 279.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Functions Appropriation Act, 1954, referred to in text,

is act July 27, 1953, ch. 245, 67 Stat. 197. Provisions of the Act

establishing the revolving fund are classified to sections 576 and

701b-10 of this title.

-End-

-CITE-

33 USC Sec. 558 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 558. Proceeds from sale or transfer of property acquired

-STATUTE-

When any property which has been heretofore or may be hereafter

purchased or acquired for the improvement of rivers and harbors is

no longer needed, or is no longer serviceable and is transferred or

sold, the proceeds thereof may be credited to the appropriation for

the work for which it was acquired.

-SOURCE-

(June 13, 1902, ch. 1079, Sec. 5, 32 Stat. 373; Feb. 20, 1931, ch.

235, 46 Stat. 1191; Oct. 31, 1951, ch. 654, Sec. 4(4), 65 Stat.

709.)

-COD-

CODIFICATION

Section originally began with the words "when any land or other"

preceding "property". The words, "land or other", were deleted on

the basis of act February 20, 1931, which provided, "that hereafter

no real estate of the War Department shall be sold or disposed of

without authority of Congress, and all existing Acts or parts

thereof in conflict with this proviso, other than special Acts for

the sale of stated tracts of land, are hereby repealed."

Section is from the first part of section 5 of act June 13, 1902,

which was a provision of the Rivers and Harbors Appropriation Act

for 1902. The last part of such section 5 is set out as section 631

of this title.

-MISC1-

AMENDMENTS

1951 - Act Oct. 31, 1951, struck out provisions authorizing the

Secretary of the Army to sell the unserviceable property referred

to, and authorizing him to direct the transfer of any property

employed in river and harbor works; struck out the provision that

the property so transferred should be valued and credited to the

project upon which it was theretofore used and charged to the

project to which it was transferred; and inserted "and is

transferred or sold, the proceeds thereof may be credited to the

appropriation for the work for which it was acquired".

-End-

-CITE-

33 USC Sec. 558a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 558a. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(56), 65 Stat.

703

-MISC1-

Section, act Aug. 30, 1935, ch. 831, Sec. 7, 49 Stat. 1048,

related to sale of property no longer needed for improvement of

canals, rivers and harbors.

-End-

-CITE-

33 USC Sec. 558b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 558b. Exchange of land or property

-STATUTE-

In any case in which it may be necessary or advisable in the

execution of an authorized work of river and harbor improvement to

exchange land or other property of the Government for private lands

or property required for such project, the Secretary of the Army

may, upon the recommendation of the Chief of Engineers, authorize

such exchange upon terms and conditions deemed appropriate by him,

and any conveyance of Government land or interests therein

necessary to effect such exchange may be executed by the Secretary

of the Army: Provided further, That the authority granted to the

Secretary of the Army shall not extend to or include lands held or

acquired by the Tennessee Valley Authority pursuant to the terms of

the Tennessee Valley Authority Act [16 U.S.C. 831 et seq.]. This

section shall apply to any exchanges heretofore deemed advisable in

connection with the construction of the Bonneville Dam in the

Columbia River.

-SOURCE-

(June 20, 1938, ch. 535, Sec. 2, 52 Stat. 804; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

The Tennessee Valley Authority Act, referred to in text, is act

May 18, 1933, ch. 32, 48 Stat. 58, as amended, known as the

Tennessee Valley Authority Act of 1933, which is classified

generally to chapter 12A (Sec. 831 et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see section 831 of Title 16 and Tables.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 558b-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 558b-1. Application to authorized works of flood control

-STATUTE-

Section 558b of this title is made applicable to authorized works

of flood control.

-SOURCE-

(Aug. 11, 1939, ch. 699, Sec. 3, 53 Stat. 1414.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 701b-4 of this title.

-End-

-CITE-

33 USC Sec. 558c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 558c. Rights-of-way over United States land

-STATUTE-

The Secretary of the Army is authorized and empowered, under such

terms and conditions as are deemed advisable by him, to grant

easements for rights-of-way for public roads and streets on and

across lands acquired by the United States for river and harbor and

flood control improvements including, whenever necessary, the

privilege of occupying so much of said lands as may be necessary

for the piers, abutments, and other portions of a bridge structure:

Provided, That such rights-of-way shall be granted only upon a

finding by the Secretary of the Army that the same will be in the

public interest and will not substantially injure the interest of

the United States in the property affected thereby: Provided

further, That all or any part of such rights-of-way may be annulled

and forfeited by the Secretary of the Army for failure to comply

with the terms or conditions of any grant hereunder or for nonuse

or for abandonment of rights granted under the authority hereof:

Provided further, That the authority granted to the Secretary of

the Army shall not extend to or include lands held or acquired by

the Tennessee Valley Authority pursuant to the terms of the

Tennessee Valley Authority Act [16 U.S.C. 831 et seq.].

-SOURCE-

(June 20, 1938, ch. 535, Sec. 10, 52 Stat. 808; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-REFTEXT-

REFERENCES IN TEXT

The Tennessee Valley Authority Act, referred to in text, is act

May 18, 1933, ch. 32, 48 Stat. 58, as amended, known as the

Tennessee Valley Authority Act of 1933, which is classified

generally to chapter 12A (Sec. 831 et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see section 831 of Title 16 and Tables.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 559 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 559. Disposition of rentals for Government plants

-STATUTE-

Amounts paid after August 8, 1917, by private parties or other

agencies for rental of plant owned by the Government in connection

with the prosecution of river and harbor works shall be deposited

in each case to the credit of the appropriation to which the plant

belongs.

-SOURCE-

(Aug. 8, 1917, ch. 49, Sec. 13, 40 Stat. 268.)

-COD-

CODIFICATION

Section is from act Aug. 8, 1917, popularly known as the "Rivers

and Harbors Appropriation Act of 1917".

-End-

-CITE-

33 USC Sec. 560 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 560. Contributions from private parties; return of excess

-STATUTE-

The Secretary of the Army is authorized to receive from private

parties such funds as may be contributed by them to be expended in

connection with funds appropriated by the United States for any

authorized work of public improvement of rivers and harbors

whenever such work and expenditure may be considered by the Chief

of Engineers as advantageous to the interests of navigation:

Provided, That when contributions heretofore or hereafter made by

local interests for river and harbor improvements, in accordance

with specific requirements or under general authority of Congress,

are in excess of the actual cost of the work contemplated and

properly chargeable to such contributions, such excess

contributions may, with the approval of the Secretary of the Army,

be returned to the proper representatives of the contributing

interests, unless the provision of law under which the contribution

is made requires that the entire contribution be retained by the

United States.

-SOURCE-

(Mar. 4, 1915, ch. 142, Sec. 4, 38 Stat. 1053; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act Mar. 4, 1915, popularly known as the "Rivers

and Harbors Appropriation Act of 1915".

-MISC1-

PRIOR PROVISIONS

Section superseded act Mar. 4, 1913, ch. 144, Sec. 8, 37 Stat.

827, which read as follows: "The Secretary of War is hereby

authorized to receive from private parties such funds as may be

contributed by them to be expended in connection with funds

appropriated by the United States for any authorized work of public

improvement of rivers and harbors, whenever such work and

expenditure may be considered by the Chief of Engineers as

advantageous to the interests of navigation."

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 561 of this title.

-End-

-CITE-

33 USC Sec. 561 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 561. Advances by private parties; repayment

-STATUTE-

Whenever local interests shall offer to advance funds for the

prosecution of a work of river and harbor improvement duly adopted

and authorized by law the Secretary of the Army may, in his

discretion, receive such funds and expend the same in the immediate

prosecution of such work. The Secretary of the Army is authorized

and directed to repay without interest, from appropriations which

may be provided by Congress for river and harbor improvements, the

moneys so contributed and expended: Provided, That no repayment of

funds which may be contributed for the purpose of meeting any

conditions of local cooperation imposed by Congress, nor under the

authority of section 560 of this title shall be made.

-SOURCE-

(Mar. 3, 1925, ch. 467, Sec. 11, 43 Stat. 1197; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 561a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 561a. Contributions from local interests; reduction to meet

lowered cost

-STATUTE-

When the authorization of a project of river and harbor

improvement requires that local interests shall contribute a

specific sum of money toward its cost, the Secretary of the Army,

upon the recommendation of the Chief of Engineers, may reduce the

sum to be contributed to an amount which shall be in the same ratio

to the amount of the required contribution as the actual cost of

the work to which said contribution is applicable bears to its

original estimated cost as set forth in the project document.

-SOURCE-

(Mar. 3, 1933, ch. 216, 47 Stat. 1545; July 26, 1947, ch. 343,

title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

A prior provision that the reduction authorized by this section

was not to apply to contributions made prior to Mar. 3, 1933, was

omitted as obsolete.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 562 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 562. Channel depths and dimensions defined

-STATUTE-

In the preparation of projects under this and subsequent river

and harbor acts and after the project becomes operational, unless

otherwise expressed, the channel depths referred to shall be

understood to signify the depth at mean lower low water, as defined

by the Department of Commerce for nautical charts and tidal

predictions, in tidal waters tributary to the Atlantic and Gulf

coasts and at mean lower low water, as defined by the Department of

Commerce for nautical charts and tidal predictions, in tidal waters

tributary to the Pacific coast and the mean depth for a continuous

period of fifteen days of the lowest water, as defined by the

Department of Commerce for nautical charts and tidal predictions,

in the navigation season of any year in rivers and nontidal

channels, and and (!1) after the project becomes operational the

channel dimensions specified shall be understood to admit of such

increase at the entrances, bends, sidings, and turning places as

may be necessary to allow of the free movement of boats.

-SOURCE-

(Mar. 4, 1915, ch. 142, Sec. 5, 38 Stat. 1053; Pub. L. 102-580,

title II, Sec. 224, Oct. 31, 1992, 106 Stat. 4837.)

-COD-

CODIFICATION

Section is from act Mar. 4, 1915, popularly known as the "Rivers

and Harbors Appropriation Act of 1915".

-MISC1-

PRIOR PROVISIONS

Section superseded act Mar. 4, 1913, ch. 144, Sec. 9, 37 Stat.

827, which read as follows: "In the preparation of projects under

this and subsequent river and harbor acts, unless otherwise

expressed, the channel depths referred to shall be understood to

signify the depth at mean lower low water in tidal waters, and the

mean depth during the month of lowest water in the navigation

season in rivers and nontidal channels, and the channel dimensions

specified shall be understood to admit of such increase at the

entrances, bends, sidings, and turning places as may be necessary

to allow of the free movement of boats."

AMENDMENTS

1992 - Pub. L. 102-580 inserted "and after the project becomes

operational" after "harbor acts", "lower" after "depth at mean", ",

as defined by the Department of Commerce for nautical charts and

tidal predictions," after "water" wherever appearing, and "and

after the project becomes operational" before "the channel

dimensions".

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

33 USC Sec. 562a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 562a. Project depths for national defense purposes; waterways

for general commerce

-STATUTE-

The Chief of Engineers, under the direction of the Secretary of

the Army, is hereby authorized to maintain authorized river and

harbor projects in excess of authorized project depths where such

excess depths have been provided by the United States for defense

purposes and whenever the Chief of Engineers determines that such

waterways also serve essential needs of general commerce.

-SOURCE-

(Pub. L. 90-483, title I, Sec. 117, Aug. 13, 1968, 82 Stat. 737.)

-End-

-CITE-

33 USC Sec. 563 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 563. Omitted

-COD-

CODIFICATION

Section, act Sept. 22, 1922, ch. 427, Sec. 6, 42 Stat. 1042, made

unexpended funds, appropriated prior to Sept. 22, 1922, for river

and harbor improvements, available for preservation and maintenance

of existing river and harbor works and prosecution of desirable new

projects.

-End-

-CITE-

33 USC Sec. 564 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 564. Repealed. July 3, 1943, ch. 189, Sec. 5, 57 Stat. 374

-MISC1-

Section, acts June 25, 1910, ch. 382, Sec. 4, 36 Stat. 676; June

5, 1920, ch. 252, Sec. 9, 41 Stat. 1015, related to settlement of

claims for injury to or loss of private property.

-End-

-CITE-

33 USC Sec. 565 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 565. River and harbor improvement by private or municipal

enterprise

-STATUTE-

Any person or persons, corporations, municipal or private, who

desire to improve any navigable river, or any part thereof, at

their or its own expense and risk may do so upon the approval of

the plans and specifications of said proposed improvement by the

Secretary of the Army and Chief of Engineers of the Army. The plan

of said improvement must conform with the general plan of the

Government improvements, must not impede navigation, and no toll

shall be imposed on account thereof, and said improvement shall at

all times be under the control and supervision of the Secretary of

the Army and Chief of Engineers.

-SOURCE-

(June 13, 1902, ch. 1079, Sec. 1, 32 Stat. 371; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act June 13, 1902, popularly known as the "Rivers

and Harbors Appropriation Act for 1902". The provisions of this

section followed an appropriation for emergencies.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC1-

CONSTRUCTION OF CANAL

The consent of Congress was given to the construction of a ship

canal along the Government right of way connecting the waters of

Puget Sound with Lake Washington, said canal, when completed, to be

turned over to the United States, by act June 11, 1906, ch. 3072,

34 Stat. 231.

-End-

-CITE-

33 USC Sec. 566 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 566. Improvement by or under authority of State of New Jersey

-STATUTE-

Authority is given to the State of New Jersey, or, through it, to

any commission, individual, corporation, or municipality, singly or

collectively, designated by the legislature of said State, or by a

commission appointed or authorized by said legislature, to improve

the channels on the New Jersey seacoast, or any portion of said

coast, or the waters adjacent thereto, lying between thirty-eight

degrees fifty-six minutes and forty degrees twenty minutes north

latitude, by dredging, or by the construction of piers, jetties, or

breakwaters, or other river and harbor work of any description or

nature adapted to attain the ends now pursued by the United States

Government for the advantage of said coast or the relief of

commerce: Provided, That such operations shall not encroach upon

those portions of said coast, or the channels adjacent thereto, for

which the United States Government may undertake similar work

according to its own plans: And provided, That the plans for said

work shall be placed on file with the Chief of Engineers of the

Department of the Army for thirty days, during which time he is

authorized to disapprove said plans and forbid such work if, in his

judgment, the improvements when completed will interfere with

navigation or with any works of the United States Government

commenced or proposed to be made: Provided further, That no tolls

or other charges upon commerce shall be imposed by those making

such improvements: And provided further, That this section shall

not be construed as affecting in any way the jurisdiction and

control of the Federal Government over any waters that may be

improved in pursuance of the provisions thereof, nor as exempting

such waters from the operation of the laws heretofore or hereafter

enacted by Congress for the preservation and protection of

navigable waters. The right to alter, amend, or repeal this section

is expressly reserved.

-SOURCE-

(June 30, 1906, ch. 3923, Secs. 1, 2, 34 Stat. 800; July 26, 1947,

ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 567 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 567. Navigation and flood control improvements by Minnesota,

North Dakota, and South Dakota

-STATUTE-

Congress consents that the States of Minnesota, North Dakota, and

South Dakota, or any two of them, may enter into any agreement or

agreements with each other to aid in improving navigation and to

prevent and control floods on boundary waters of said States and

the waters tributary thereto. And said States, or any two of them,

may agree with each other upon any project or projects for the

purpose of making such improvements, and upon the amount of money

to be contributed by each to carry out such projects. The Secretary

of the Army is authorized and directed to make a survey of any

project proposed, as aforesaid, by said States, or any two of them,

to determine the feasibility and practicability thereof and the

expenses of carrying the same into effect and what share of such

expenses should be borne by the respective States, local interests,

or by the National Government. If the Secretary of the Army

approves any such projects, he may authorize the States to make

such improvements at their own expense, but under his supervision.

-SOURCE-

(Aug. 8, 1917, ch. 49, Sec. 5, 40 Stat. 266; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from a part of section 5 of act Aug. 8, 1917, which

act was popularly known as the "Rivers and Harbors Appropriation

Act for 1917". The omitted part of such section read as follows:

"That the sum of $25,000, or so much thereof as may be necessary,

is hereby appropriated, out of any funds in the Treasury of the

United States not otherwise appropriated, for the purpose of

enabling the Secretary of War to make the surveys and estimates

herein contemplated."

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 567a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 567a. Flood and pollution control compacts between certain

States

-STATUTE-

The consent of the Congress of the United States is given to the

States of Maine, New York, New Hampshire, Vermont, Massachusetts,

Rhode Island, Connecticut, Pennsylvania, West Virginia, Kentucky,

Indiana, Illinois, Tennessee, and Ohio, or any two or more of them,

to negotiate and enter into agreements or compacts for conserving

and regulating the flow, lessening flood damage, removing sources

of pollution of the waters thereof, or making other public

improvements on any rivers or streams whose drainage basins lie

within any two or more of the said States.

No such compact or agreement shall be binding or obligatory upon

any State a party thereto unless and until it has been approved by

the legislatures of each of the States whose assent is contemplated

by the terms of the compact or agreement and by the Congress.

-SOURCE-

(June 8, 1936, ch. 542, Secs. 1, 2, 49 Stat. 1490.)

-MISC1-

APPROVAL OF COMPACT BY CONGRESS

Act July 11, 1940, ch. 581, 54 Stat. 752, provided in part that:

"The consent and approval of Congress is hereby given to an

interstate compact relating to the control and reduction of the

pollution of the streams of the Ohio River drainage basin

negotiated and entered into or to be entered into under authority

of Public Resolution Numbered 104, Seventy-fourth Congress,

approved June 8, 1936, [this section] and now ratified by the

States of New York, Illinois, Kentucky, and Indiana, and by the

State of Ohio (whose ratification is to go into effect at the time

at which the States of New York, Pennsylvania, and West Virginia

enter into said compact as parties and signatory States), also by

the State of West Virginia (whose ratification is to go into effect

at the time at which the States of New York, Ohio, Virginia, and

Pennsylvania enter into said compact as parties and signatory

States) * * *."

"Sec. 2. Without further submission of said compact, the consent

of Congress is hereby given to the State of Virginia or any other

State with waters in the Ohio River drainage basin, entering into

said compact as a signatory State and party in addition to the

States therein named or any of them.

"Sec. 3. The commissioners to represent the United States, as

provided in article IV of said compact, shall be appointed by the

President.

"Sec. 4. Nothing contained in this Act or in the compact herein

approved shall be construed as impairing or affecting the

sovereignty of the United States or any of its rights or

jurisdiction in and over the area or waters which are the subject

of such compact.

"Sec. 5. The right to alter, amend, or repeal the provisions of

section 1 is hereby expressly reserved."

-End-

-CITE-

33 USC Sec. 567b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 567b. Pollution of Potomac drainage basin; control by State

compacts

-STATUTE-

The consent of Congress is given to the States of Maryland and

West Virginia and the Commonwealths of Virginia and Pennsylvania

and the District of Columbia to enter into the compact to create a

Potomac Valley Conservancy District and to establish an Interstate

Commission on the Potomac River Basin: Provided, That nothing

contained in such compact shall be construed as impairing or in any

manner affecting any right or jurisdiction of the United States in

and over the region which forms the subject of this compact.

-SOURCE-

(July 11, 1940, ch. 579, 54 Stat. 748.)

-End-

-CITE-

33 USC Sec. 567b-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 567b-1. Amended compact

-STATUTE-

The consent of Congress is hereby given to the States of Maryland

and West Virginia and the Commonwealths of Virginia and

Pennsylvania and the District of Columbia to adopt the

aforementioned amendments and enter into the amended compact

hereinbefore recited and every part and article thereof: Provided,

That nothing contained in such amended compact shall be construed

as impairing or in any manner affecting any right or jurisdiction

of the United States in and over the region which forms the subject

of this compact: And provided further, That the consent herein

given does not extend to section (F)(2) of article II of the

amended compact.

-SOURCE-

(Pub. L. 91-407, Sec. 1, Sept. 25, 1970, 84 Stat. 860.)

-REFTEXT-

REFERENCES IN TEXT

The amended compact, referred to in text, is set out in 84 Stat.

856 to 860.

-End-

-CITE-

33 USC Sec. 568 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 568. Limitation on power of committee of Congress to consider

projects

-STATUTE-

No project shall be considered by any committee of Congress with

a view to its adoption, except with a view to a survey, if five

years have elapsed since a report upon a survey of such project has

been submitted to Congress pursuant to law.

-SOURCE-

(Sept. 22, 1922, ch. 427, Sec. 9, 42 Stat. 1043.)

-COD-

CODIFICATION

Section is from act Sept. 22, 1922, popularly known as the

"Rivers and Harbors Appropriation Act of 1918".

-End-

-CITE-

33 USC Sec. 569 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 569. Personal equipment for employees; use of funds for

purpose

-STATUTE-

Funds heretofore or hereafter appropriated for rivers and harbors

to be expended under the supervision of the Secretary of the Army

shall be available for expenditure in the purchase of such personal

equipment for employees as in the opinion of the Chief of Engineers

are essential for the efficient prosecution of the works.

-SOURCE-

(Jan. 21, 1927, ch. 47, Sec. 5(b), 44 Stat. 1021; July 26, 1947,

ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions insofar as they pertain to Air

Force, and to extent that they were not previously transferred to

Secretary of the Air Force and Department of the Air Force from

Secretary of the Army and Department of the Army, see Secretary of

Defense Transfer Order No. 40, July 22, 1949.

-End-

-CITE-

33 USC Sec. 569a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 569a. Temporary employment of experts or consultants;

compensation

-STATUTE-

The Chief of Engineers is authorized to procure the temporary or

intermittent services of experts or consultants or organizations

thereof in connection with civil functions of the Corps of

Engineers without regard to chapter 51 and subchapter III of

chapter 53 of title 5: Provided, That individuals so engaged may be

paid at rates not to exceed the daily equivalent of the rate for

GS-18 for each day of their services.

-SOURCE-

(July 3, 1930, ch. 847, Sec. 6, 46 Stat. 948; May 17, 1950, ch.

188, title I, Sec. 105, 64 Stat. 168; Pub. L. 91-611, title I, Sec.

104, Dec. 31, 1970, 84 Stat. 1819.)

-COD-

CODIFICATION

"Chapter 51 and subchapter III of chapter 53 of title 5"

substituted in text for "the Classification Act as amended" on

authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat.

631, the first section of which enacted Title 5, Government

Organization and Employees.

-MISC1-

AMENDMENTS

1970 - Pub. L. 91-611 substituted provision that compensation

"may be paid at rates not to exceed the daily equivalent of the

rate for GS-18 for each day of their services" for "shall not be

paid in excess of $100 per day for their services".

1950 - Act May 17, 1950, amended section generally, providing for

employment of experts and consultants and omitting provisions

relating to stenographic assistance.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 3323.

-End-

-CITE-

33 USC Sec. 569b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 569b. Contracts; architect and engineering services; surveying

and mapping services

-STATUTE-

Contracts for architect and engineering services, and surveying

and mapping services, shall be awarded by the Chief of Engineers in

accordance with title IX of the Federal Property and Administrative

Services Act of 1949.(!1)

-SOURCE-

(Pub. L. 98-63, title I, Sec. 101, July 30, 1983, 97 Stat. 311.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377,

as amended. Title IX of the Act which was classified generally to

subchapter VI (Sec. 541 et seq.) of chapter 10 of former Title 40,

Public Buildings, Property, and Works, was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapter 11 (Sec. 1101 et seq.) of Title 40, Public

Buildings, Property, and Works. For disposition of sections of

former Title 40 to revised Title 40, see Table preceding section

101 of Title 40. For complete classification of this Act to the

Code, see Tables.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 569c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 569c. Services of volunteers

-STATUTE-

The United States Army Chief of Engineers may accept the services

of volunteers and provide for their incidental expenses to carry

out any activity of the Army Corps of Engineers except

policy-making or law or regulatory enforcement. Such volunteers

shall not be employees of the United States Government except for

the purposes of (1) chapter 171 of title 28, relating to tort

claims, and (2) chapter 81 of title 5, relating to compensation for

work injuries.

-SOURCE-

(Pub. L. 98-63, title I, Sec. 101, July 30, 1983, 97 Stat. 312.)

-End-

-CITE-

33 USC Sec. 569d 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 569d. Safety award and promotional materials

-STATUTE-

(a) Promotion of safety program

(1) Procurement of promotional materials

The Secretary is authorized to procure materials that, in the

judgment of the Secretary, are necessary to promote the Corps of

Engineers safety program.

(2) Distribution of materials to employees

The items purchased pursuant to this subsection shall be

distributed to employees of the Corps of Engineers to advance the

goals of the safety program.

(b) Employee recognition

The Secretary is authorized to incur necessary expenses for the

honorary recognition of the outstanding safety performance of

employees of the Corps of Engineers. Such recognition may be in the

form of certificates, plaques, cash, or other forms of awards.

(c) Authorization of appropriations

There is authorized to be appropriated $350,000 for each fiscal

year beginning after September 30, 1992, for carrying out the

purposes of this section.

-SOURCE-

(Pub. L. 102-580, title II, Sec. 210, Oct. 31, 1992, 106 Stat.

4830.)

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 3 of Pub.

L. 102-580, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 569e 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 569e. Use of private sector resources in surveying and mapping

-STATUTE-

To the maximum extent practicable, the Secretary shall make use

of private sector resources in carrying out surveying and mapping

activities in the Civil Works Program of the Corps of Engineers.

-SOURCE-

(Pub. L. 102-580, title II, Sec. 212, Oct. 31, 1992, 106 Stat.

4831.)

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 3 of Pub.

L. 102-580, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 569f 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 569f. Debarment of persons convicted of fraudulent use of

"Made in America" labels

-STATUTE-

If the Secretary determines that a person has been convicted of

intentionally affixing a label bearing a "Made in America"

inscription to any product sold in or shipped to the United States

which is not made in the United States and which is used in a civil

works project of the Secretary, the Secretary shall debar the

person from contracting with the Federal Government for a period of

not less than 3 years and not more than 5 years. For purposes of

this section, the term "debar" has the meaning that term has under

section 2393(c) of title 10.

-SOURCE-

(Pub. L. 102-580, title II, Sec. 226, Oct. 31, 1992, 106 Stat.

4838.)

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 3 of Pub.

L. 102-580, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 570 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 570. Default in contract; disposition of amounts collected

-STATUTE-

Any amounts collected from defaulting contractors or their

sureties under contracts entered into in connection with river and

harbor or flood-control work prosecuted by the Engineer Department,

whether collected in cash or by deduction from amounts otherwise

due such contractors, hereafter shall be credited in each case to

the appropriation under which the contract was made.

-SOURCE-

(Aug. 30, 1935, ch. 831, Sec. 8, 49 Stat. 1048.)

-End-

-CITE-

33 USC Sec. 571 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 571. Crediting reimbursements for lost, stolen, or damaged

property

-STATUTE-

Any amounts collected from any person, persons, or corporations

as a reimbursement for lost, stolen, or damaged property, purchased

in connection with river and harbor or flood-control work

prosecuted under the direction of the Secretary of the Army and the

supervision of the Chief of Engineers, whether collected in cash or

by deduction from amounts otherwise due such person, persons, or

corporations, hereafter shall be credited in each case to the

appropriation that bore the cost of purchase, repair, or

replacement of the lost, stolen, or damaged property.

-SOURCE-

(June 20, 1938, ch. 535, Sec. 4, 52 Stat. 805; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is also set out as section 701k of this title.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 572 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 572. Collection and removal of drift in Baltimore Harbor

-STATUTE-

On and after July 30, 1948, direct allotments from appropriations

for the maintenance and improvement of existing river and harbor

works, or from other available appropriations, may be made by the

Secretary of the Army for the collection and removal of drift in

Baltimore Harbor and its tributary waters, and this work shall be

carried out as a separate and distinct project.

-SOURCE-

(June 30, 1948, ch. 771, title I, Sec. 102, 62 Stat. 1173.)

-End-

-CITE-

33 USC Sec. 573 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 573. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 656

-MISC1-

Section, act May 17, 1950, ch. 188, title I, Sec. 111, 64 Stat.

170, provided that section 607 of the Federal Employees Pay Act of

1945, as amended [former 5 U.S.C. 947], should not be construed to

prevent employment of additional personnel.

-End-

-CITE-

33 USC Sec. 574 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 574. Omitted

-COD-

CODIFICATION

Section, act Sept. 6, 1950, ch. 896, ch. IX, Sec. 101, 64 Stat.

726, which related to availability of appropriation for payments to

school districts, was from the Civil Functions Appropriation Act,

1951, and was not repeated in subsequent appropriation acts.

-End-

-CITE-

33 USC Sec. 575 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 575. Availability of appropriations for expenses incident to

operation of power boats or vessels; expenses defined;

certification of expenditures

-STATUTE-

On and after July 31, 1947, no appropriation under the Corps of

Engineers shall be available for any expenses incident to operating

any power-driven boat or vessel on other than Government business,

and that Government business shall be construed to include

transportation, lodging, and subsistence on inspection trips of

Federal and State officials, having a public interest in authorized

or proposed improvements for river and harbor and flood control,

and any expenses incurred therefor shall be chargeable to river and

harbor and flood control appropriations heretofore or hereafter

made under rules and regulations to be prescribed by the Chief of

Engineers: Provided, That such expenditures shall be certified by

the Division Engineer as necessary and proper expenditures.

-SOURCE-

(July 31, 1947, ch. 411, Sec. 1, 61 Stat. 688.)

-COD-

CODIFICATION

Section is also set out as section 701b-9 of this title.

Section was formerly classified to sections 190a and 199 of Title

10 prior to the general revision and enactment of Title 10, Armed

Forces, by act Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 1.

-End-

-CITE-

33 USC Sec. 576 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 576. Revolving fund; establishment; availability;

reimbursement; transfer of funds; limitation

-STATUTE-

There is established a revolving fund, to be available without

fiscal year limitation, for expenses necessary for the maintenance

and operation of the plant and equipment of the Corps of Engineers

used in civil works functions, including acquisition of plant and

equipment, maintenance, repair, and purchase, operation, and

maintenance of not to exceed four aircraft at any one time,

temporary financing of services finally chargeable to

appropriations for civil works functions, and the furnishing of

facilities and services for military functions of the Department of

the Army and other Government agencies and private persons, as

authorized by law. In addition, the Secretary of the Army is

authorized to provide capital for the fund by capitalizing the

present inventories, plant and equipment of the civil works

functions of the Corps of Engineers. The fund shall be credited

with reimbursements or advances for the cost of equipment,

facilities, and services furnished, at rates which shall include

charges for overhead and related expenses, depreciation of plant

and equipment, and accrued leave: Provided, That on July 1, 1953,

(1) the fund shall assume the assets, liabilities, and obligations

of the Plant accounts, as carried on the records of the Corps of

Engineers as of June 30, 1953, under the appropriations for

"Maintenance and improvement of existing river and harbor works",

"Flood control, general", and "Flood control, Mississippi River and

tributaries", and (2) there shall be transferred from said

appropriations to the fund amounts equivalent to the unexpended

cash balances of the Plant accounts on June 30, 1953: Provided

further, That the total capital of said fund shall not exceed

$140,000,000.

-SOURCE-

(July 27, 1953, ch. 245, Sec. 101, 67 Stat. 199.)

-COD-

CODIFICATION

Section is also set out as section 701b-10 of this title.

Section was formerly classified to section 190b of Title 10 prior

to the general revision and enactment of Title 10, Armed Forces, by

act Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 1.

-MISC1-

HEADQUARTERS AIRCRAFT; TRANSFER AND REASSIGNMENT OF PROPERTY

ACCOUNTABILITY TO ARMY MILITARY ACTIVITY

Pub. L. 101-101, title I, Sec. 105, Sept. 29, 1989, 103 Stat.

649, provided that: "Notwithstanding section 110 of the Energy and

Water Development Appropriation Act, 1988, Public Law 100-202 [set

out below], the Secretary of the Army is authorized to transfer and

reassign property accountability for the headquarters aircraft of

the Corps of Engineers, Serial Number 045, from the assets of the

civil works revolving fund, to the military activity of the Army

that the Secretary determines is appropriate, except that the

aircraft shall be made available on a priority basis as necessary

for activities in support of the Army's civil works mission."

RETENTION OF THREE OPERATIONAL AIRCRAFT; NOTICE OF INTENDED USE

OUTSIDE UNITED STATES

Pub. L. 100-202, Sec. 101(d) [title I, Sec. 110], Dec. 22, 1987,

101 Stat. 1329-104, 1329-112, provided that: "The Chief of

Engineers is directed to retain three operational aircraft

authorized pursuant to section 101 of the Act of July 27, 1953, 67

Stat. 199 [33 U.S.C. 576], together with their attendant crews, and

may only dispose of any of these aircraft if authorized to do so by

a future congressional enactment for that purpose. The Chief of

Engineers shall provide at least thirty days advance written

notification to the Appropriations Committees of the Senate and

House of Representatives of any intended use of any of these

aircraft for a trip destined outside the United States or its

territories or possessions."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 576b of this title; title

40 section 556.

-End-

-CITE-

33 USC Sec. 576a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 576a. Purchase of passenger motor vehicles by Corps of

Engineers

-STATUTE-

On and after March 4, 1933, the provisions of section 1343 of

title 31 shall be construed as applying to the Corps of Engineers

as to the purchase of motor-propelled passenger-carrying vehicles.

-SOURCE-

(Mar. 4, 1933, ch. 281, title II, Sec. 1, 47 Stat. 1599.)

-COD-

CODIFICATION

"Section 1343 of title 31" substituted in text for "section 5 of

the Act of July 16, 1914 (U.S.C., title 5, sec. 78)" on authority

of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the

first section of which enacted Title 31, Money and Finance.

Section was formerly classified to section 638b of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877.

Section was also formerly classified to section 78a of Title 5

prior to the general revision and enactment of Title 5, Government

Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80

Stat. 378.

-End-

-CITE-

33 USC Sec. 576b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 576b. Lease authority

-STATUTE-

Notwithstanding any other provision of law, the Secretary may

lease space available in buildings for which funding for

construction or purchase was provided from the revolving fund

established by the 1st section of the Civil Functions

Appropriations Act, 1954 (33 U.S.C. 576; 67 Stat. 199), under such

terms and conditions as are acceptable to the Secretary. The

proceeds from such leases shall be credited to the revolving fund

for the purposes set forth in such Act.

-SOURCE-

(Pub. L. 104-303, title II, Sec. 213, Oct. 12, 1996, 110 Stat.

3684.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Functions Appropriations Act, 1954, referred to in

text, is act July 27, 1953, ch. 245, 67 Stat. 197. For complete

classification of this Act to the Code, see Tables.

-End-

-CITE-

33 USC Sec. 577 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 577. Small river and harbor improvement projects

-STATUTE-

(a) Allotment from appropriations for construction

The Secretary of the Army is authorized to allot from any

appropriations hereafter made for rivers and harbors not to exceed

$35,000,000 for any one fiscal year for the construction of small

river and harbor improvement projects not specifically authorized

by Congress which will result in substantial benefits to navigation

and which can be operated consistently with appropriate and

economic use of the waters of the Nation for other purposes, when

in the opinion of the Chief of Engineers such work is advisable, if

benefits are in excess of the cost.

(b) Limitation on allotment

Not more than $4,000,000 shall be allotted for the construction

of a project under this section at any single locality and the

amount allotted shall be sufficient to complete the Federal

participation in the project under this section.

(c) Lands, easements, and rights-of-way; indemnification;

assurances of local cooperation

Local interests shall provide without cost to the United States

all necessary lands, easements and rights-of-way for all projects

to be constructed under the authority of this section. In addition,

local interests may be required to hold and save the United States

free from damages that may result from the construction and

maintenance of the project and may be required to provide such

additional local cooperation as the Chief of Engineers deems

appropriate. A State, county, municipality or other responsible

local entity shall give assurance satisfactory to the Chief of

Engineers that such conditions of cooperation as are required will

be accomplished.

(d) Sharing of costs by non-Federal interests

Non-Federal interests may be required to share in the cost of the

project to the extent that the Chief of Engineers deems that such

cost should not be borne by the Federal Government in view of the

recreational or otherwise special or local nature of the project

benefits.

(e) Completeness of project

Each project for which money is allotted under this section shall

be complete in itself and not commit the United States to any

additional improvement to insure its successful operation, other

than routine maintenance, and except as may result from the normal

procedure applying to projects authorized after submission of

survey reports, and projects constructed under the authority of

this section shall be considered as authorized projects.

(f) Low water access navigation channels from existing channel of

Mississippi River

This section shall apply to, but not be limited to, the provision

of low water access navigation channels from the existing channel

of the Mississippi River to harbor areas heretofore or now

established and located along the Mississippi River.

-SOURCE-

(Pub. L. 86-645, title I, Sec. 107, July 14, 1960, 74 Stat. 486;

Pub. L. 89-298, title III, Sec. 310(a) Oct. 27, 1965, 79 Stat.

1095; Pub. L. 91-611, title I, Sec. 112(a), Dec. 31, 1970, 84 Stat.

1821; Pub. L. 94-587, Sec. 133(a), Oct. 22, 1976, 90 Stat. 2928;

Pub. L. 99-662, title IX, Sec. 915(d), Nov. 17, 1986, 100 Stat.

4191.)

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-662 substituted "$35,000,000" for

"$25,000,000".

Subsec. (b). Pub. L. 99-662 substituted "$4,000,000" for

"$2,000,000".

1976 - Subsec. (b). Pub. L. 94-587 substituted "$2,000,000" for

"$1,000,000".

1970 - Subsec. (a). Pub. L. 91-611 substituted "$25,000,000" for

"$10,000,000".

Subsec. (b). Pub. L. 91-611 substituted "$1,000,000" for

"$500,000".

1965 - Subsec. (a). Pub. L. 89-298, Sec. 310(a)(1), substituted

"$10,000,000" for "$2,000,000".

Subsec. (b). Pub. L. 89-298, Sec. 310(a)(2), substituted

"$500,000" for "$200,000".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-662 not applicable to any project under

contract for construction on Nov. 17, 1986, see section 915(i) of

Pub. L. 99-662, set out as a note under section 426g of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 133(c) of Pub. L. 94-587 provided that: "The amendments

made by this section [amending this section and section 701s of

this title] shall not apply to any project under contract for

construction on the date of enactment of the Water Resources

Development Act of 1976 [Oct. 22, 1976]."

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-611 not applicable to any project under

contract for construction on Dec. 31, 1970, see section 112(c) of

Pub. L. 91-611, set out as a note under section 426g of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 577b, 2232, 2282, 2290 of

this title.

-End-

-CITE-

33 USC Sec. 577a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 577a. Small-boat navigation projects; charter fishing craft

-STATUTE-

The Chief of Engineers, for the purpose of determining Federal

and non-Federal cost sharing, relating to proposed construction of

small-boat navigation projects, shall consider charter fishing

craft as commercial vessels.

-SOURCE-

(Pub. L. 91-611, title I, Sec. 119, Dec. 31, 1970, 84 Stat. 1822.)

-End-

-CITE-

33 USC Sec. 577b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 577b. Cost of operation and maintenance of general navigation

features of small boat harbor projects; applicable projects

-STATUTE-

The cost of operation and maintenance of the general navigation

features of small boat harbor projects shall be borne by the United

States. This section shall apply to any such project authorized (A)

under section 201 of the Flood Control Act of 1965 [42 U.S.C.

1962d-5], (B) under section 107 of the River and Harbor Act of 1960

[33 U.S.C. 577], (C) between January 1, 1970, and December 31,

1970, under authority of this Act, and to projects heretofore

authorized in accordance with the policy set forth in the preceding

sentence and to such projects authorized in this Act or which are

hereafter authorized.

-SOURCE-

(Pub. L. 91-611, title I, Sec. 103, Dec. 31, 1970, 84 Stat. 1819;

Pub. L. 93-251, Sec. 6, Mar. 7, 1974, 88 Stat. 15.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 91-611, Dec. 31,

1970, 84 Stat. 1818, as amended. For complete classification of

this Act to the Code, see Tables.

Hereafter, referred to in text, probably means after Dec. 31,

1970.

-MISC1-

AMENDMENTS

1974 - Pub. L. 93-251 amended section generally. Prior to

amendment, section read as follows: "The costs of operation and

maintenance of the general navigation features of small boat harbor

projects authorized between January 1, 1970, and December 31, 1970,

under the authority of this Act, section 201 of the Flood Control

Act of 1965 [42 U.S.C. 1962d-5], or section 107 of the River and

Harbor Act of 1960 [33 U.S.C. 577], shall be borne by the United

States."

-End-

-CITE-

33 USC Sec. 578 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 578. Disposal of surplus property for development of public

port or industrial facilities

-STATUTE-

(a) Conveyance by Secretary of the Army

Whenever the Secretary of the Army, upon the recommendation of

the Chief of Engineers, determines that notwithstanding the

provisions of the Federal Property and Administrative Services Act

of 1949, as amended,(!1) with respect to disposal of surplus real

property, (1) the development of public port or industrial

facilities on land which is part of a water resource development

project under his jurisdiction will be in the public interest; (2)

that such development will not interfere with the operation and

maintenance of the project; and (3) that disposition of the

property for these purposes under this section will serve the

objectives of the project within which the land is located, he may

convey the land by quitclaim deed to a State, political subdivision

thereof, port district, port authority, or other body created by

the State or through a compact between two or more States for the

purpose of developing or encouraging the development of such

facilities. In any case, where two or more political subdivisions

thereof, or bodies created by, a State or group of States, seek to

obtain the same land, the Secretary of the Army shall give

preference to that political subdivision or body whose intended use

of land will, in his opinion, best promote the purposes for which

the project involved was authorized.

(b) Purchase price; conditions, reservations or restrictions

Any conveyance authorized by this section shall be made at the

fair market value of the land, as determined by the Secretary of

the Army, upon condition that the property shall be used for one of

the purposes stated in the subsection (a) of this section only, and

subject to such other conditions, reservations or restrictions as

the Secretary may determine to be necessary for the development,

maintenance, or operation of the project or otherwise in the public

interest.

(c) Notice of proposed conveyance

Prior to the conveyance of any land under the provisions of this

section, the Secretary of the Army shall, in the manner he deems

reasonable, give public notice of the proposed conveyance and

afford an opportunity to interested eligible bodies in the general

vicinity of the land to apply for its purchase.

(d) Delegation of authority

The Secretary of the Army may delegate any authority conferred

upon him by this section to any officer or employee of the

Department of the Army. Any such officer or employee shall exercise

the authority so delegated under rules and regulations approved by

the Secretary.

(e) Deposit of proceeds

The proceeds from any conveyance made under the provisions of

this section shall be covered into the Treasury as miscellaneous

receipts.

-SOURCE-

(Pub. L. 86-645, title I, Sec. 108, July 14, 1960, 74 Stat. 486.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, as

amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,

63 Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

33 USC Sec. 579 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 579. Repealed. Pub. L. 101-640, title I, Sec. 119(b), Nov. 28,

1990, 104 Stat. 4630

-MISC1-

Section, Pub. L. 93-251, title I, Sec. 12, Mar. 7, 1974, 88 Stat.

16; H. Res. 988, Oct. 8, 1974; Pub. L. 94-587, Sec. 157(a), Oct.

22, 1976, 90 Stat. 2933; S. Res. 4, Feb. 4, 1977, provided for

deauthorization of projects of improvement of rivers and harbors

and other waterways for navigation, beach erosion, flood control,

and other purposes which the Secretary of the Army determined

should no longer be authorized.

-End-

-CITE-

33 USC Sec. 579a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 579a. Project deauthorizations

-STATUTE-

(a) Funds to be obligated for construction to avoid deauthorization

Any project authorized for construction by this Act shall not be

authorized after the last day of the 5-year period beginning on

November 17, 1986, unless during such period funds have been

obligated for construction, including planning and designing, of

such project.

(b) Transmission to Congress of list of unconstructed projects or

separable elements authorized but not receiving obligations

during 10 fiscal years preceding transmission; two-year updates

of list

(1) Not later than one year after November 17, 1986, the

Secretary shall transmit to Congress a list of unconstructed

projects, or unconstructed separable elements of projects, which

have been authorized, but have received no obligations during the

10 full fiscal years preceding the transmittal of such list. A

project or separable element included in such list is not

authorized after December 31, 1989, if funds have not been

obligated for construction of such project or element after

November 17, 1986, and before December 31, 1989.

(2) Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C.

1113 note; 109 Stat. 734), every two years after the transmittal of

the list under paragraph (1), the Secretary shall transmit to

Congress a list of projects or separable elements of projects which

have been authorized, but have received no obligations during the 7

full fiscal years preceding the transmittal of such list. Upon

submission of such list to Congress, the Secretary shall notify

each Senator in whose State, and each Member of the House of

Representatives in whose district, a project (including any part

thereof) on such list would be located. A project or separable

element included in such list is not authorized after the date

which is 30 months after the date the list is so transmitted if

funds have not been obligated for the planning, design, or

construction of such project or element during such 30-month

period.

(c) Deauthorized list; publication in Federal Register

The Secretary shall publish in the Federal Register a list of any

projects or separable elements that are deauthorized under this

section.

-SOURCE-

(Pub. L. 99-662, title X, Sec. 1001, Nov. 17, 1986, 100 Stat. 4201;

Pub. L. 101-640, title I, Sec. 119(a), Nov. 28, 1990, 104 Stat.

4630; Pub. L. 104-303, title II, Sec. 228(a), Oct. 12, 1996, 110

Stat. 3703; Pub. L. 106-109, Sec. 8(d), Nov. 24, 1999, 113 Stat.

1496.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 99-662, Nov. 17,

1986, 100 Stat. 4082, known as the Water Resources Development Act

of 1986. For complete classification of this Act to the Code, see

Short Title note set out under section 2201 of this title and

Tables.

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(2). Pub. L. 106-109, in first sentence,

substituted "Notwithstanding section 3003 of Public Law 104-66 (31

U.S.C. 1113 note; 109 Stat. 734), every" for "Every".

1996 - Subsec. (b)(2). Pub. L. 104-303 substituted "7 full" for

"10 full", "Upon submission" for "Before submission", and "for the

planning, design, or construction" for "for construction".

1990 - Subsec. (b)(2). Pub. L. 101-640 inserted after first

sentence "Before submission of such list to Congress, the Secretary

shall notify each Senator in whose State, and each Member of the

House of Representatives in whose district, a project (including

any part thereof) on such list would be located."

PROJECT DEAUTHORIZATIONS; EXTENSION OF LIMITATION ON PERIOD OF

AUTHORIZATION

Pub. L. 100-676, Sec. 52(a), Nov. 17, 1988, 102 Stat. 4044, which

provided that subsecs. (a) and (c) of this section applied to

projects authorized for construction by Pub. L. 100-676 (see Short

Title of 1988 Amendment note set out under section 2201 of this

title), except that the 5-year period during which funds had to be

obligated to prevent deauthorization began on Nov. 17, 1988, and

were also to apply to projects authorized for construction

subsequent to Pub. L. 100-676, except that 5-year period during

which funds had to be obligated to prevent deauthorization began on

the date of the authorization of such projects, was repealed by

Pub. L. 104-303, title II, Sec. 228(b)(1), Oct. 12, 1996, 110 Stat.

3703.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2201 of

this title.

-End-

-CITE-

33 USC SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING

EXPENSES AND SUBSISTENCE 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND

SUBSISTENCE

-HEAD-

SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND

SUBSISTENCE

-End-

-CITE-

33 USC Sec. 581 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND

SUBSISTENCE

-HEAD-

Sec. 581. Hiring special means of transportation

-STATUTE-

In their execution and inspection of river and harbor improvement

work, at points beyond easy reach of ordinary regular

transportation lines, Engineer officers are authorized to hire and

use such transportation as they may consider desirable and

advantageous to the progress of work.

-SOURCE-

(July 25, 1912, ch. 253, Sec. 9, 37 Stat. 233.)

-COD-

CODIFICATION

Section is from act July 25, 1912, popularly known as the "Rivers

and Harbors Appropriation Act of 1912".

-End-

-CITE-

33 USC Sec. 582 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND

SUBSISTENCE

-HEAD-

Sec. 582. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 644

-MISC1-

Section, act July 18, 1918, ch. 155, Sec. 9, 40 Stat. 912,

related to subsistence allowance to persons engaged in field work.

-End-

-CITE-

33 USC Sec. 583 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND

SUBSISTENCE

-HEAD-

Sec. 583. Payment of allowances, etc., incident to change of

station of Engineer officers from appropriation for improvements

-STATUTE-

When in the opinion of the Secretary of the Army the changes of a

station of an officer of the Corps of Engineers is primarily in the

interest of river and harbor improvement, the mileage and other

allowances to which he may be entitled incident to such change of

station may be paid from appropriations for such improvements.

-SOURCE-

(Mar. 3, 1925, ch. 467, Sec. 5, 43 Stat. 1191; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 583a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND

SUBSISTENCE

-HEAD-

Sec. 583a. Payment of pay and allowances of officers of Corps of

Engineers from appropriation for improvements

-STATUTE-

Regular officers of the Corps of Engineers of the Army, and

reserve officers of the Army who are assigned to the Corps of

Engineers, who are employed primarily on duty connected with

non-military public works prosecuted under the direction of the

Chief of Engineers, including river and harbor improvements, flood

control, and other such works, shall, while so employed, be paid

their pay and allowances from the appropriation for the works upon

which they are employed.

-SOURCE-

(Aug. 10, 1956, ch. 1041, Sec. 36, 70A Stat. 634.)

-COD-

CODIFICATION

Section is derived from the third proviso of Act June 26, 1936,

ch. 839, 49 Stat. 1974, which was classified to section 181a of

Title 10 prior to the general revision and enactment of Title 10,

Armed Forces, by act Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 1.

-End-

-CITE-

33 USC Secs. 584, 584a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND

SUBSISTENCE

-HEAD-

Secs. 584, 584a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,

1966, 80 Stat. 647, 648

-MISC1-

Section 584, act Jan. 21, 1927, ch. 47, Sec. 5(d), 44 Stat. 1021,

related to expenses incident to transportation of household effects

of civilian employees.

Section 584a, act July 3, 1930, ch. 847, Sec. 6, 46 Stat. 948,

related to travel expenses of civilian employees on river and

harbor works.

-End-

-CITE-

33 USC SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-

SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-End-

-CITE-

33 USC Sec. 591 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-

Sec. 591. Condemnation, purchase, and donation of land and

materials

-STATUTE-

The Secretary of the Army may cause proceedings to be instituted,

in the name of the United States, in any court having jurisdiction

of such proceedings, for the acquirement by condemnation of any

land, right-of-way, or material needed to enable him to maintain,

operate, or prosecute works for the improvement of rivers and

harbors for which provision has been made by law; such proceedings

to be prosecuted in accordance with the laws relating to suits for

the condemnation of property of the States wherein the proceedings

may be instituted: Provided, however, That when the owner of such

land, right-of-way, or material shall fix a price for the same,

which in the opinion of the Secretary of the Army, shall be

reasonable, he may purchase the same at such price without further

delay: And provided further, That the Secretary of the Army is

authorized to accept donations of lands or materials required for

the maintenance or prosecution of such works.

-SOURCE-

(Apr. 24, 1888, ch. 194, 25 Stat. 94; July 26, 1947, ch. 343, title

II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 592 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-

Sec. 592. Condemnation of land in aid of person, company,

corporation, municipal or private

-STATUTE-

Whenever any person, company, or corporation, municipal or

private, shall undertake to secure any land or easement therein

needed in connection with a work of river and harbor improvement

duly authorized by Congress, for the purpose of conveying the same

to the United States free of cost, or for the purpose of

constructing, maintaining, and operating locks, dry docks, or other

works to be conveyed to the United States free of cost, and of

constructing, maintaining and operating dams for use in connection

therewith, and shall be unable for any reason to obtain the same by

purchase and acquire a valid title thereto, the Secretary of the

Army may, in his discretion, cause proceedings to be instituted in

the name of the United States for the acquirement by condemnation

of said land or easement, and it shall be the duty of the Attorney

General of the United States to institute and conduct such

proceedings upon the request of the Secretary of the Army:

Provided, That all expenses of said proceedings and any award that

may be made thereunder shall be paid by the said person, company,

or corporation, to secure which payment the Secretary of the Army

may require the said person, company, or corporation to execute a

proper bond in such amount as he may deem necessary before said

proceedings are commenced.

-SOURCE-

(May 16, 1906, ch. 2465, 34 Stat. 196; June 29, 1906, ch. 3628, 34

Stat. 632; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat.

501.)

-COD-

CODIFICATION

Act May 16, 1906, as originally enacted, provided that: "Whenever

any person, company, or corporation, municipal or private, shall

undertake to secure, for the purpose of conveying the same to the

United States free of cost, any land or easement therein, needed in

connection with a work of river and harbor improvement duly

authorized by Congress, and shall be unable for any reason to

obtain a valid title thereto, the Secretary of War may, in his

discretion, cause proceedings to be instituted in the name of the

United States for the acquirement by condemnation of said land or

easement, and it shall be the duty of the Attorney General of the

United States to institute and conduct such proceedings upon the

request of the Secretary of War: Provided, That all the expenses of

said proceedings and any award that may be made thereunder shall be

paid by the said person, company, or corporation, to secure which

payment the Secretary of War may require the said person, company,

or corporation to execute a proper bond in such amount as he may

deem necessary before said proceedings are commenced."

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 593 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-

Sec. 593. Condemnation of land in aid of State or State agency

-STATUTE-

Whenever any State, or any reclamation, flood control or drainage

district, or other public agency created by any State, shall

undertake to secure any land or easement therein, needed in

connection with a work of river and harbor improvement duly

authorized by Congress, for the purpose of conveying the same to

the United States free of cost, and shall be unable for any reason

to obtain the same by purchase and acquire a valid title thereto,

the Secretary of the Army may, in his discretion, cause proceedings

to be instituted in the name of the United States for the

acquirement by condemnation of said land or easement, and it shall

be the duty of the Attorney General of the United States to

institute and conduct such proceedings upon the request of the

Secretary of the Army: Provided, That all expenses of said

proceedings and any award that may be made thereunder shall be paid

by such State, or reclamation, flood control or drainage district,

or other public agency as aforesaid, to secure which payment the

Secretary of the Army may require such State, or reclamation, flood

control or drainage district, or other public agency as aforesaid,

to execute a proper bond in such amount as he may deem necessary

before said proceedings are commenced.

-SOURCE-

(Aug. 8, 1917, ch. 49, Sec. 9, 40 Stat. 267; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act Aug. 8, 1917, popularly known as the "Rivers

and Harbors Appropriation Act of 1917".

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 701c-2 of this title.

-End-

-CITE-

33 USC Sec. 594 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-

Sec. 594. When immediate possession of land may be taken

-STATUTE-

Whenever the Secretary of the Army, in pursuance of authority

conferred on him by law, causes proceedings to be instituted in the

name of the United States for the acquirement by condemnation of

any lands, easements, or rights of way needed for a work of river

and harbor improvements duly authorized by Congress, the United

States, upon the filing of the petition in any such proceedings,

shall have the right to take immediate possession of said lands,

easements, or rights-of-way, to the extent of the interest to be

acquired, and proceed with such public works thereon as have been

authorized by Congress: Provided, That certain and adequate

provision shall have been made for the payment of just compensation

to the party or parties entitled thereto, either by previous

appropriation by the United States or by the deposit of moneys or

other form of security in such amount and form as shall be approved

by the court in which such proceedings shall be instituted. The

respondent or respondents may move at any time in the court to

increase or change the amounts or securities, and the court shall

make such order as shall be just in the premises and as shall

adequately protect the respondents. In every case the proceedings

in condemnation shall be diligently prosecuted on the part of the

United States in order that such compensation may be promptly

ascertained and paid.

-SOURCE-

(July 18, 1918, ch. 155, Sec. 5, 40 Stat. 911; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act July 18, 1918, popularly known as the "Rivers

and Harbors Appropriation Act of 1918".

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701c-2, 702d of this

title.

-End-

-CITE-

33 USC Sec. 595 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-

Sec. 595. Consideration of benefits in assessing compensation

-STATUTE-

In all cases where private property shall be taken by the United

States for the public use in connection with any improvement of

rivers, harbors, canals, or waterways of the United States, and in

all condemnation proceedings by the United States to acquire lands

or easements for such improvements, where a part only of any such

parcel, lot, or tract of land shall be taken, the jury or other

tribunal awarding the just compensation or assessing the damages to

the owner, whether for the value of the part taken or for any

injury to the part not taken, shall take into consideration by way

of reducing the amount of compensation or damages any special and

direct benefits to the remainder arising from the improvement, and

shall render their award or verdict accordingly.

-SOURCE-

(July 18, 1918, ch. 155, Sec. 6, 40 Stat. 911.)

-COD-

CODIFICATION

Section is from act July 18, 1918, popularly known as the "Rivers

and Harbors Appropriation Act of 1918".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 701c-2, 702d of this

title.

-End-

-CITE-

33 USC Sec. 595a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-

Sec. 595a. Compensation for taking or condemnation of property for

public improvements; fair market value; partial taking; effective

date

-STATUTE-

In all cases where real property shall be taken by the United

States for the public use in connection with any improvement of

rivers, harbors, canals, or waterways of the United States, and in

all condemnation proceedings by the United States to acquire lands

or easements for such improvements, the compensation to be paid for

real property taken by the United States above the normal high

water mark of navigable waters of the United States shall be the

fair market value of such real property based upon all uses to

which such real property may reasonably be put, including its

highest and best use, any of which uses may be dependent upon

access to or utilization of such navigable waters. In cases of

partial takings of real property, no depreciation in the value of

any remaining real property shall be recognized and no compensation

shall be paid for any damages to such remaining real property which

result from loss of or reduction of access from such remaining real

property to such navigable waters because of the taking of real

property or the purposes for which such real property is taken. The

compensation defined herein shall apply to all acquisitions of real

property after December 31, 1970, and to the determination of just

compensation in any condemnation suit pending on December 31, 1970.

-SOURCE-

(Pub. L. 91-611, title I, Sec. 111, Dec. 31, 1970, 84 Stat. 1821.)

-End-

-CITE-

33 USC Sec. 596 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-

Sec. 596. Repealed. Pub. L. 91-646, title III, Sec. 306, Jan. 2,

1971, 84 Stat. 1907

-MISC1-

Section, Pub. L. 86-645, title III, Sec. 301, July 14, 1960, 74

Stat. 502, declared the policy of Congress with respect to payment

of just and reasonable consideration to owners and tenants whose

property is acquired for public works projects and payment of a

purchase price in negotiation for such property which will consider

such congressional policy. See provisions of Uniform Relocation

Assistance and Real Property Acquisition Policies Act of 1970,

classified to chapter 61 (Sec. 4601 et seq.) of Title 42, The

Public Health and Welfare.

EFFECTIVE DATE OF REPEAL

Repeal not applicable to any State so long as sections 4630 and

4655 of title 42 are not applicable in such State; but such

sections completely applicable to all States after July 1, 1972,

but until such date applicable to a State to extent the State is

able under its laws to comply with such sections, see section 221

of Pub. L. 91-646, set out as an Effective Date note under section

4601 of Title 42, The Public Health and Welfare.

SAVINGS PROVISION

Any rights or liabilities existing under provisions repealed by

section 306 of Pub. L. 91-646 as not affected by such repeal, see

section 306 of Pub. L. 91-646, set out in part as a Savings

Provision note under section 4651 of Title 42, The Public Health

and Welfare.

-End-

-CITE-

33 USC Sec. 597 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-

Sec. 597. Acquisition of lands for water resource development

projects; information as to probable timing for acquisition;

public meetings; regulations

-STATUTE-

Within six months after the date that Congress authorizes

construction of a water resource development project under the

jurisdiction of the Secretary of the Army, the Corps of Engineers

shall make reasonable effort to advise owners and occupants in and

adjacent to the project area as to the probable timing for the

acquisition of lands for the project and for incidental

rights-of-way, relocations, and any other requirements affecting

owners and occupants. Within a reasonable time after initial

appropriations are made for land acquisition or construction,

including relocations, the Corps of Engineers shall conduct public

meetings at locations convenient to owners and tenants to be

displaced by the project in order to advise them of the proposed

plans for acquisition and to afford them an opportunity to comment.

To carry out the provisions of this section, the Chief of Engineers

shall issue regulations to provide, among other things,

dissemination of the following information to those affected: (1)

factors considered in making the appraisals; (2) desire to purchase

property without going to court; (3) legal right to submit to

condemnation proceedings; (4) payments for moving expenses or other

losses not covered by appraised market value; (5) occupancy during

construction; (6) removal of improvements; (7) payments required

from occupants of Government acquired land; (8) withdrawals by

owners of deposits made in court by Government, and (9) use of land

by owner when easement is acquired. The provisions of this section

shall not subject the United States to any liability nor affect the

validity of any acquisitions by purchase or condemnation and shall

be exempt from the operations of subchapter II of chapter 5, and

chapter 7, of title 5.

-SOURCE-

(Pub. L. 86-645, title III, Sec. 302, July 14, 1960, 74 Stat. 502.)

-COD-

CODIFICATION

"Subchapter II of chapter 5, and chapter 7, of title 5"

substituted in text for "the Administrative Procedure Act of June

11, 1946, as amended" on authority of Pub. L. 89-554, Sec. 7(b),

Sept. 6, 1966, 80 Stat. 631, the first section of which enacted

Title 5, Government Organization and Employees.

-MISC1-

SHORT TITLE

Section 303 of Pub. L. 86-645 provided that: "Title III of this

Act [enacting this section and section 596 of this title] may be

cited as the 'Land Acquisition Policy Act of 1960'."

-End-

-CITE-

33 USC Sec. 598 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-

Sec. 598. Resettlement of displaced families, individuals, and

business concerns

-STATUTE-

(a) Acquisition of land; condemnation expenses; bond

Whenever any State, or any agency or instrumentality of a State

or local government, or any nonprofit incorporated body organized

or chartered under the law of the State in which it is located, or

any nonprofit association or combination of such bodies, agencies

or instrumentalities, shall undertake to secure any lands or

interests therein as a site for the resettlement of families,

individuals, and business concerns displaced by a river and harbor

improvement, flood control or other water resource project duly

authorized by Congress, and when it has been determined by the

Secretary of the Army that the State is unable to acquire necessary

lands or interests in lands or is unable to acquire such lands or

interests in lands with sufficient promptness, the Secretary, upon

the request of the Governor of the State in which such site is

located, and after consultation with appropriate Federal, State,

interstate, regional, and local departments and agencies, is

authorized, in the name of the United States and prior to the

approval of title by the Attorney General, to acquire, enter upon,

and take possession of such lands or interests in lands by

purchase, donation, condemnation or otherwise in accordance with

the laws of the United States (including sections 3114-3116 and

3118 of title 40). All expenses of said acquisition and any award

that may be made under a condemnation proceeding, including costs

of examination and abstract of title, certificate of title,

appraisal, advertising, and any fees incident to acquisition, shall

be paid by such State or body, agency, or instrumentality. The

State, agency, instrumentality, or nonprofit body may repay such

amounts from any funds made available to it for such purposes by

any Federal department, agency, or instrumentality (other than the

Department of the Army) having authority to make funds available

for such a purpose. Pending such payment, the Secretary may expend

from any funds hereafter appropriated for the project occasioning

such acquisition such sums as may be necessary to carry out this

section. To secure payment, the Secretary may require any such

State or agency, body, or instrumentality to execute a proper bond

in such amount as he may deem necessary before acquisition is

commenced. Any sums paid to the Secretary by any such State or

agency, body or instrumentality shall be deposited in the Treasury

to the credit of the appropriation for such project.

(b) Acquisition provisions

No acquisition shall be undertaken under the authority of this

section unless the Secretary has determined, after consultation

with appropriate Federal, State, and local governmental agencies

that (1) the development of a site is necessary in order to

alleviate hardships to displaced persons; (2) the location of the

site is suitable for development in relation to present or

potential sources of employment; and (3) a plan for development of

the site has been approved by appropriate local governmental

authorities in the area or community in which such site is located.

(c) Conveyance to State, public or private nonprofit body

The Secretary is further authorized and directed by proper deed,

executed in the name of the United States, to convey any lands or

interests in land acquired in any State under the provisions of

this section, to the State, or such public or private nonprofit

body, agency, or institution in the State as the Governor may

prescribe, upon such terms and conditions as may be agreed upon by

the Secretary, the Governor, and the agency to which the conveyance

is to be made.

-SOURCE-

(Pub. L. 90-483, title II, Sec. 209, Aug. 13, 1968, 82 Stat. 745.)

-COD-

CODIFICATION

"Sections 3114-3116 and 3118 of title 40" substituted in subsec.

(a) for "the Act of February 26, 1931 (46 Stat. 1421)" on authority

of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the

first section of which enacted Title 40, Public Buildings,

Property, and Works.

-End-

-CITE-

33 USC SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-End-

-CITE-

33 USC Sec. 601 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-

Sec. 601. Mississippi River; regulation of reservoirs at headwaters

-STATUTE-

It shall be the duty of the Secretary of the Army to prescribe

such rules and regulations in respect to the use and administration

of the reservoirs at the headwaters of the Mississippi River as in

his judgment the public interest and necessity may require; which

rules and regulations shall be posted in some conspicuous place or

places for the information of the public. And any person knowingly

and willfully violating such rules and regulations shall be liable

to a fine not exceeding $500, or imprisonment, not exceeding six

months, the same to be enforced by prosecution in any district

court of the United States within whose territorial jurisdiction

such offense may have been committed. And the Secretary of the Army

shall cause such gaugings to be made at or near Saint Paul during

the annual operation of said reservoirs as shall determine

accurately the discharge at that point, the cost of same to be paid

out of the annual appropriation for gauging the waters of the

Mississippi River and its tributaries.

-SOURCE-

(Aug. 11, 1888, ch. 860, Sec. 1, 25 Stat. 419; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act Aug. 11, 1888, the River and Harbor

Appropriation Act of 1888.

In the original text the words "said reservoirs" appeared instead

of "reservoirs at the headwaters of the Mississippi river." The

provision from which this section is derived, however, followed an

appropriation "for continuing operations upon the reservoirs at the

headwaters of the Mississippi river."

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 602 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-

Sec. 602. Maintenance of channel of South Pass of Mississippi River

-STATUTE-

Upon the termination of the contract entered into with the late

James B. Eads for the maintenance of the channel through the South

Pass of the Mississippi River, the Secretary of the Army is

directed to take charge of said channel, including the jetties, and

all auxiliary works connected therewith, and thereafter to maintain

with the utmost efficiency said South Pass Channel; and for that

purpose he is authorized to draw his warrants from time to time on

the Treasurer of the United States, until otherwise provided for by

law, for such sums of money as may be necessary, not to exceed in

the aggregate for any one year $100,000. For that purpose any

available Government dredge may be used.

For the purpose of securing the uninterrupted examinations and

surveys of the South Pass of the Mississippi River, the Secretary

of the Army, upon the application of the Chief of Engineers, is

authorized to draw his warrant or requisition from time to time

upon the Secretary of the Treasury for such sums as may be

necessary to do such work, not to exceed in the aggregate for each

year the sum of $10,000.

-SOURCE-

(Aug. 11, 1888, ch. 860, Secs. 1, 4, 25 Stat. 422, 424; June 6,

1900, ch. 790, Sec. 3, 31 Stat. 584; June 13, 1902, ch. 1079, Sec.

1, 32 Stat. 340; July 26, 1947, ch. 343, title II, Sec. 205(a), 61

Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15), 68 Stat. 967.)

-COD-

CODIFICATION

Except for the last sentence, the first paragraph of this section

was from a part of section 3 of act June 6, 1900. The omitted

portion of the original text authorized the Secretary of War, in

his discretion, to terminate the contract with James B. Eads and

provided that the Secretary of War should take charge of the

channel "in case of the termination of said contract, by virtue of

the provisions hereof or by expiration of said contract."

The last sentence of the first paragraph of this section was from

a provision of section 1 of act June 13, 1902. Further provisions

of the original text, for the purchase of lands and buildings on

either side of the South Pass, were temporary merely and are

omitted. The original text provided for the use of "the dredge boat

Beta, or any other available government dredge."

The second paragraph of this section was from section 4 of act

Aug. 11, 1888. In the original text, following the words

"Mississippi river," the following words appeared: "As provided for

in the Act of Mar. third, eighteen hundred and seventy-five."

The words "the sum of $10,000," are substituted for "the amount

appropriated in this act for such purpose." $10,000 was the amount

appropriated for such purpose by section 1 of act June 13, 1902.

Act Mar. 3, 1875, ch. 134, mentioned in the original text,

provided in section 4 et seq., 18 Stat. 463 to 466, for a contract

with James B. Eads and others to construct jetties, etc., to

maintain the channel at the South Pass.

The provisions of that act and of act Aug. 11, 1888, with regard

to examinations and surveys at the South Pass, remained in force

notwithstanding the termination of said contract, by a provision of

act June 13, 1902.

-MISC1-

AMENDMENTS

1954 - Act Aug. 30, 1954, repealed proviso requiring that an

itemized statement of expenses incurred for maintenance of the

channel through, and securing uninterrupted examinations and

surveys of, the South Pass of the Mississippi River, as provided in

this section, should accompany the annual report of the Chief of

Engineers.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

APPROPRIATIONS

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was

classified to section 725a of former Title 31, Money and Finance,

repealed the permanent appropriation under the titles "Maintenance

of channel, South Pass, Mississippi River (fiscal year) (8-961.55)"

and "Examinations and surveys at South Pass, Mississippi River

(fiscal year) (8-961.53)" effective July 1, 1935, and provided that

such portions of any Acts as make permanent appropriations to be

expended under such accounts are amended so as to authorize, in

lieu thereof, annual appropriations from the general fund of the

Treasury in identical terms and in such amounts as now provided by

the laws providing such permanent appropriations.

-End-

-CITE-

33 USC Sec. 603 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-

Sec. 603. Repealed. Mar. 2, 1945, ch. 19, Sec. 3, 59 Stat. 23

-MISC1-

Section, acts July 25, 1912, ch. 253, Sec. 1, 37 Stat. 222; July

3, 1930, ch. 847, Sec. 3, 46 Stat. 946; Oct. 17, 1940, ch. 895,

Sec. 3, 54 Stat. 1200, related to removal of temporary obstructions

and to minor improvements in navigable waters. See section 603a of

this title.

-End-

-CITE-

33 USC Sec. 603a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-

Sec. 603a. Removal of snags and debris, and straightening,

clearing, and protecting channels in navigable waters

-STATUTE-

The Secretary of the Army is authorized to allot not to exceed

$1,000,000 from any appropriations made prior to or after March 2,

1945, for any one fiscal year for improvement of rivers and

harbors, for removing accumulated snags and other debris, and for

protecting, clearing, and straightening channels in navigable

harbors and navigable streams and tributaries thereof, when in the

opinion of the Chief of Engineers such work is advisable in the

interest of navigation or flood control.

-SOURCE-

(Mar. 2, 1945, ch. 19, Sec. 3, 59 Stat. 23; July 26, 1947, ch. 343,

title II, Sec. 205(a), 61 Stat. 501; Pub. L. 99-662, title IX, Sec.

915(g), Nov. 17, 1986, 100 Stat. 4191.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-662 substituted "$1,000,000" for "$300,000".

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-662 not applicable to any project under

contract for construction on Nov. 17, 1986, see section 915(i) of

Pub. L. 99-662, set out as a note under section 426g of this title.

-End-

-CITE-

33 USC Sec. 604 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-

Sec. 604. Removal of snags, etc., from Mississippi River

-STATUTE-

For the purpose of removing snags, wrecks, and other obstructions

in the Mississippi River, the Atchafalaya and Old Rivers from the

junction with the Mississippi and Red Rivers down the Atchafalaya

River as far down as Melville, Louisiana, the Secretary of the

Army, upon the application of the Chief of Engineers, is authorized

to draw his warrant or requisition from time to time upon the

Secretary of the Treasury for such sums as may be necessary to do

such work, not to exceed in the aggregate for each year the sum of

$100,000.

-SOURCE-

(Aug. 11, 1888, ch. 860, Secs. 1, 7, 25 Stat. 421, 424; Mar. 3,

1909, ch. 264, Sec. 3, 35 Stat. 817; July 26, 1947, ch. 343, title

II, Sec. 205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15),

68 Stat. 967.)

-COD-

CODIFICATION

Section is from the Rivers and Harbors Appropriation Act of 1888,

act Aug. 11, 1888, as affected by act Mar. 3, 1909.

Act Mar. 3, 1909, made the provisions of act Aug. 11, 1888, for

the removal of snags applicable to "the Atchafalaya and Old Rivers

from the junction with the Mississippi and Red Rivers down the

Atchafalaya River as far as Melville, Louisiana."

Section 7 of act Aug. 11, 1888, provided for "securing the

uninterrupted work of operating snag boats on the upper Mississippi

River" as well as for the removal of snags. The provision for

operating snag boats is set out as section 605 of this title.

The words "the sum of $100,000" are substituted for "the amounts

appropriated in this act for such purposes." An appropriation of

$100,000 for removal of snags is contained in section 1 of the act.

-MISC1-

AMENDMENTS

1954 - Act Aug. 30, 1954, repealed proviso requiring that an

itemized statement of expenses incurred in the removal of snags,

etc., as provided in this section, should accompany the annual

report of the Chief of Engineers.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

APPROPRIATIONS

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was

classified to section 725a of former Title 31, Money and Finance,

repealed the permanent appropriation under the title "Removing

obstructions in Mississippi, Atchafalaya, and Old Rivers (fiscal

year) (8-961.58)" effective July 1, 1935, and provided that such

portions of any Acts as make permanent appropriations to be

expended under such account are amended so as to authorize, in lieu

thereof, annual appropriations from the general fund of the

Treasury in identical terms and in such amounts as now provided by

the laws providing such permanent appropriations.

-End-

-CITE-

33 USC Sec. 605 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-

Sec. 605. Operation of snag boats on Upper Mississippi River

-STATUTE-

For the purpose of securing the uninterrupted work of operating

snag boats on the Upper Mississippi River, the Illinois River, from

its mouth to Copperas Creek, and the Minnesota River and other

tributaries of the Upper Mississippi River improved by the United

States, the Secretary of the Army, upon the application of the

Chief of Engineers, is authorized to draw his warrant or

requisition from time to time upon the Secretary of the Treasury

for such sums as may be necessary to do such work, not to exceed in

the aggregate for each year the sum of $25,000.

-SOURCE-

(Aug. 11, 1888, ch. 860, Secs. 1, 7, 25 Stat. 420, 421, 424; Mar.

2, 1907, ch. 2509, Sec. 1, 34 Stat. 1102; Mar. 3, 1909, ch. 264,

Sec. 3, 35 Stat. 817; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15), 68 Stat.

967.)

-COD-

CODIFICATION

Section is from act, Aug. 11, 1888, as affected by acts Mar. 2,

1907, and Mar. 3, 1909.

Section 7 of act Aug. 11, 1888, also provided for the removal of

snags from the Mississippi River. (See section 604 of this title.)

The words "the sum of $25,000," are substituted for "the amounts

appropriated in this act for such purposes." An appropriation of

$25,000 for operating snag boats was made in section 1 of the act.

Act Mar. 2, 1907, made the provisions of the earlier Act

concerning snag boats applicable to the Illinois river from its

mouth to Copperas Creek.

Act Mar. 3, 1909, made such provisions applicable to "the

Minnesota river and other tributaries of the upper Mississippi

River now or heretofore improved by the United States."

-MISC1-

AMENDMENTS

1954 - Act Aug. 30, 1954, repealed proviso requiring that an

itemized statement of expenses incurred in operation of snag boats

on the Upper Mississippi River, etc., as provided in this section,

should accompany the annual report of the Chief of Engineers.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

APPROPRIATIONS

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was

classified to section 725a of former Title 31, Money and Finance,

repealed the permanent appropriation under the title "Operating

snag and dredge boats on upper Mississippi, Illinois, and Minnesota

Rivers (fiscal year) (8-962.60)" effective July 1, 1935, and

provided that such portions of any Acts as make permanent

appropriations to be expended under such account are amended so as

to authorize, in lieu thereof, annual appropriations from the

general fund of the Treasury in identical terms and in such amounts

as now provided by the laws providing such permanent

appropriations.

-End-

-CITE-

33 USC Sec. 606 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-

Sec. 606. Removal of snags, and so forth, from Ohio River

-STATUTE-

For the purpose of securing the uninterrupted work of operating

snag boats on the Ohio River and removing snags, wrecks, and other

obstructions in said river, the Secretary of the Army, upon the

application of the Chief of Engineers, is authorized to draw his

warrant or requisition from time to time upon the Secretary of the

Treasury for such sums as may be necessary to do such work, not to

exceed in the aggregate for each year the sum of $50,000.

-SOURCE-

(Sept. 19, 1890, ch. 907, Sec. 13, 26 Stat. 455; June 3, 1896, ch.

314, Sec. 3, 29 Stat. 234; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15), 68 Stat.

967.)

-COD-

CODIFICATION

Section is from the Rivers and Harbors Appropriation Act of 1890,

act Sept. 19, 1890, as amended by act June 3, 1896.

The section, as originally enacted, limited the amount to be

drawn for the work, by the words "not to exceed in the aggregate

for each year the sum of twenty-five thousand dollars." It was

amended by act June 3, 1896 by inserting the words "fifty thousand

dollars" for the words "twenty-five thousand dollars" therein.

-MISC1-

AMENDMENTS

1954 - Act Aug. 30, 1954, repealed proviso requiring that an

itemized statement of expenses incurred in removing snags, etc.,

from the Ohio River, as provided in this section, should accompany

the annual report of the Chief of Engineers.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

APPROPRIATIONS

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was

classified to section 725a of former Title 31, Money and Finance,

repealed the permanent appropriation under the title "Operating

snag boats on the Ohio River (fiscal year) (8-962.51)" effective

July 1, 1935, and provided that such portions of any Acts as make

permanent appropriations to be expended under such account are

amended so as to authorize, in lieu thereof, annual appropriations

from the general fund of the Treasury in identical terms and in

such amounts as now provided by the laws providing such permanent

appropriations.

-End-

-CITE-

33 USC Sec. 607 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-

Sec. 607. Removal of drift from New York Harbor

-STATUTE-

So much as may be necessary of any appropriations made for

specific portions of New York Harbor and its immediate tributaries

may be allotted by the Secretary of the Army for the maintenance of

these waterways by the collection and removal of drift.

-SOURCE-

(Aug. 8, 1917, ch. 49, Sec. 1, 40 Stat. 252; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act Aug. 8, 1917, the Rivers and Harbors

Appropriation Act of 1917.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 607a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-

Sec. 607a. Appropriations; separate project

-STATUTE-

On and after July 3, 1930, direct allotments from appropriations

for maintenance and improvement of existing river and harbor works

or other available appropriation may be made by the Secretary of

the Army for the collection and removal of drift in New York Harbor

and its tributary waters, and this work on and after July 3, 1930,

shall be carried as a separate and distinct project.

-SOURCE-

(July 3, 1930, ch. 847, Sec. 6, 46 Stat. 947; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 608 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-

Sec. 608. Construction of fishways

-STATUTE-

Whenever river and harbor improvements shall be found to operate

(whether by lock and dam or otherwise), as obstructions to the

passage of fish, the Secretary of the Army may, in his discretion,

direct and cause to be constructed practical and sufficient

fishways, to be paid for out of the general appropriations for the

streams on which such fishways may be constructed.

-SOURCE-

(Aug. 11, 1888, ch. 860, Sec. 11, 25 Stat. 425; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act Aug. 11, 1888, the Rivers and Harbors

Appropriation Act of 1888.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 609 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-

Sec. 609. Sluices and other work in dams for development of water

power

-STATUTE-

In order to make possible the economical future development of

water power, the Secretary of the Army, upon recommendation of the

Chief of Engineers, is authorized, in his discretion, to provide in

the permanent parts of any dam authorized at any time by Congress

for the improvement of navigation such foundations, sluices, and

other works, as may be considered desirable for the future

development of its water power.

-SOURCE-

(July 25, 1912, ch. 253, Sec. 12, 37 Stat. 233; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act July 25, 1912, the Rivers and Harbors

Appropriation Act of 1912.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 610 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-

Sec. 610. Control of aquatic plant growths

-STATUTE-

(a) In general

There is hereby authorized a comprehensive program to provide for

control and progressive eradication of noxious aquatic plant

growths from the navigable waters, tributary streams, connecting

channels, and other allied waters of the United States, in the

combined interest of navigation, flood control, drainage,

agriculture, fish and wildlife conservation, public health, and

related purposes, including continued research for development of

the most effective and economic control measures, to be

administered by the Chief of Engineers, under the direction of the

Secretary of the Army, in cooperation with other Federal and State

agencies. Local interests shall agree to hold and save the United

States free from claims that may occur from control operations and

to participate to the extent of 30 per centum of the cost of such

operations. Costs for research and planning undertaken pursuant to

the authorities of this section shall be borne fully by the Federal

Government.

(b) Appropriations

There are authorized to be appropriated such amounts, not in

excess of $15,000,000 annually, as may be necessary to carry out

the provisions of this section. Any such funds employed for control

operations shall be allocated by the Chief of Engineers on a

priority basis, based upon the urgency and need of each area, and

the availability of local funds.

(c) Support

In carrying out the program under this section, the Secretary is

encouraged to use contracts, cooperative agreements, and grants

with colleges and universities and other non-Federal entities.

-SOURCE-

(Pub. L. 85-500, title I, Sec. 104, July 3, 1958, 72 Stat. 300;

Pub. L. 89-298, title III, Sec. 302, Oct. 27, 1965, 79 Stat. 1092;

Pub. L. 98-63, title I, Sec. 101, July 30, 1983, 97 Stat. 313; Pub.

L. 99-662, title IX, Sec. 941, Nov. 17, 1986, 100 Stat. 4199; Pub.

L. 104-303, title II, Sec. 225, Oct. 12, 1996, 110 Stat. 3697; Pub.

L. 106-53, title II, Sec. 205, Aug. 17, 1999, 113 Stat. 285.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-53, Sec. 205(1), substituted

"noxious aquatic plant growths from" for "water-hyacinth,

alligatorweed, Eurasian water milfoil, melaleuca, and other

obnoxious aquatic plant growths, from" in first sentence.

Subsec. (b). Pub. L. 106-53, Sec. 205(2), substituted

"$15,000,000" for "$12,000,000" in first sentence.

Subsec. (c). Pub. L. 106-53, Sec. 205(3), added subsec. (c).

1996 - Subsec. (a). Pub. L. 104-303 inserted "melaleuca," after

"milfoil,".

1986 - Subsec. (b). Pub. L. 99-662 substituted "$12,000,000" for

"$10,000,000".

1983 - Subsec. (b). Pub. L. 98-63 substituted "$10,000,000" for

"$5,000,000".

1965 - Subsec. (a). Pub. L. 89-298 designated part of existing

provisions as subsec. (a), substituting "comprehensive program" and

"other allied waters of the United States" for "comprehensive

project" and "other allied waters in the States of North Carolina,

South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana,

and Texas", respectively, providing for control and eradication of

Eurasian water milfoil, and striking out "in accordance with the

report of the Chief of Engineers, published as House Document

Numbered 37, Eighty-fifth Congress" after "Federal and State

agencies".

Subsec. (b). Pub. L. 89-298 designated part of existing

provisions as subsec. (b), substituting the appropriations

authorization of $5,000,000 annually as first sentence for former

provisions which authorized "an estimated additional cost for the

expanded program over that now underway of $1,350,000 annually for

five years, of which 70 per centum, presently estimated at

$945,000, shall be borne by the United States and 30 per centum,

presently estimated at $405,000, by local interests" and

incorporating former second proviso in second sentence.

-End-

-CITE-

33 USC SUBCHAPTER V - PROSECUTION OF WORK GENERALLY 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-End-

-CITE-

33 USC Sec. 621 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-

Sec. 621. By what methods river and harbor work may be authorized

to be prosecuted

-STATUTE-

Any public work on canals, rivers, and harbors adopted by

Congress may be prosecuted by direct appropriations, by continuing

contracts, or by both direct appropriations and continuing

contracts.

-SOURCE-

(Sept. 22, 1922, ch. 427, Sec. 10, 42 Stat. 1043.)

-COD-

CODIFICATION

Section is from the Rivers and Harbors Appropriation Act of 1922.

-End-

-CITE-

33 USC Sec. 622 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-

Sec. 622. Contracts, etc., with private industry for implementation

of projects for improvements and dredging; reduction of federally

owned fleet

-STATUTE-

(a) Contracts for dredging and related work

The Secretary of the Army, acting through the Chief of Engineers

(hereinafter referred to as the "Secretary"), in carrying out

projects for improvement of rivers and harbors (other than surveys,

estimates, and gagings) shall, by contract or otherwise, carry out

such work in the manner most economical and advantageous to the

United States. The Secretary shall have dredging and related work

done by contract if he determines private industry has the

capability to do such work and it can be done at reasonable prices

and in a timely manner. During the four-year period which begins on

April 26, 1978, the Secretary may limit the application of the

second sentence of this subsection for work for which the federally

owned fleet is available to achieve an orderly transition to full

implementation of this subsection.

(b) Reduction of federally owned fleet

As private industry reasonably demonstrates its capability under

subsection (a) of this section to perform the work done by the

federally owned fleet, at reasonable prices and in a timely manner,

the federally owned fleet shall be reduced in an orderly manner, as

determined by the Secretary, by retirement of plant. To carry out

emergency and national defense work the Secretary shall retain only

the minimum federally owned fleet capable of performing such work

and he may exempt from the provisions of this section such amount

of work as he determines to be reasonably necessary to keep such

fleet fully operational, as determined by the Secretary, after the

minimum fleet requirements have been determined. Notwithstanding

the preceding sentence, in carrying out the reduction of the

federally owned fleet, the Secretary may retain so much of the

federally owned fleet as he determines necessary, for so long as he

determines necessary, to insure the capability of the Federal

Government and private industry together to carry out projects for

improvements of rivers and harbors. For the purpose of making the

determination required by the preceding sentence the Secretary

shall not exempt any work from the requirements of this section.

The minimum federally owned fleet shall be maintained to

technologically modern and efficient standards, including

replacement as necessary. The Secretary is authorized and directed

to undertake a study to determine the minimum federally owned fleet

required to perform emergency and national defense work. The study,

which shall be submitted to Congress within two years after April

26, 1978, shall also include preservation of employee rights of

persons presently employed on the existing federally owned fleet.

(c) Program to increase use of private hopper dredges

(1) Initiation

The Secretary shall initiate a program to increase the use of

private-industry hopper dredges for the construction and

maintenance of Federal navigation channels.

(2) Ready reserve status for hopper dredge Wheeler

In order to carry out this subsection, the Secretary shall

place the Federal hopper dredge Wheeler in a ready reserve status

not later than the earlier of 90 days after the date of

completion of the rehabilitation of the hopper dredge McFarland

pursuant to section 563 of the Water Resources Development Act of

1996 or October 1, 1997.

(3) Testing and use of ready reserve hopper dredge

The Secretary may periodically perform routine tests of the

equipment of the vessel placed in a ready reserve status under

paragraph (2) to ensure the vessel's ability to perform emergency

work. The Secretary shall not assign any scheduled hopper

dredging work to such vessel but shall perform any repairs needed

to maintain the vessel in a fully operational condition. The

Secretary may place the vessel in active status in order to

perform any dredging work only if the Secretary determines that

private industry has failed to submit a responsive and

responsible bid for work advertised by the Secretary or to carry

out the project as required pursuant to a contract with the

Secretary.

(4) Repair and rehabilitation

The Secretary may undertake any repair and rehabilitation of

any Federal hopper dredge, including the vessel placed in ready

reserve status under paragraph (2) to allow the vessel to be

placed in active status as provided in paragraph (3).

(5) Procedures

The Secretary shall develop and implement procedures to ensure

that, to the maximum extent practicable, private industry hopper

dredge capacity is available to meet both routine and

time-sensitive dredging needs. Such procedures shall include -

(A) scheduling of contract solicitations to effectively

distribute dredging work throughout the dredging season; and

(B) use of expedited contracting procedures to allow dredges

performing routine work to be made available to meet

time-sensitive, urgent, or emergency dredging needs.

(6) Report

Not later than 2 years after October 12, 1996, the Secretary

shall report to Congress on whether the vessel placed in ready

reserve status under paragraph (2) is needed to be returned to

active status or continued in a ready reserve status or whether

another Federal hopper dredge should be placed in a ready reserve

status.

(7) Limitations

(A) Reductions in status

The Secretary may not further reduce the readiness status of

any Federal hopper dredge below a ready reserve status except

any vessel placed in such status for not less than 5 years that

the Secretary determines has not been used sufficiently to

justify retaining the vessel in such status.

(B) Increase in assignments of dredging work

For each fiscal year beginning after October 12, 1996, the

Secretary shall not assign any greater quantity of dredging

work to any Federal hopper dredge in active status than was

assigned to that vessel in the average of the 3 prior fiscal

years.

(C) Remaining dredges

In carrying out the program under this section, the Secretary

shall not reduce the availability and utilization of Federal

hopper dredge vessels stationed on the Pacific and Atlantic

coasts below that which occurred in fiscal year 1996 to meet

the navigation dredging needs of the ports on those coasts.

(8) Contracts; payment of capital costs

The Secretary may enter into a contract for the maintenance and

crewing of any Federal hopper dredge retained in a ready reserve

status. The capital costs (including depreciation costs) of any

dredge retained in such status shall be paid for out of funds

made available from the Harbor Maintenance Trust Fund and shall

not be charged against the Corps of Engineers' Revolving Fund

Account or any individual project cost unless the dredge is

specifically used in connection with that project.

-SOURCE-

(Aug. 11, 1888, ch. 860, Sec. 3, 25 Stat. 423; July 25, 1912, ch.

253, Sec. 1, 37 Stat. 222; Mar. 2, 1919, ch. 95, Sec. 3, 40 Stat.

1287; Pub. L. 95-269, Sec. 1, Apr. 26, 1978, 92 Stat. 218; Pub. L.

104-303, title II, Sec. 237, Oct. 12, 1996, 110 Stat. 3705.)

-REFTEXT-

REFERENCES IN TEXT

Section 563 of the Water Resources Development Act of 1996,

referred to in subsec. (c)(2), is section 563 of Pub. L. 104-303,

Oct. 12, 1996, 110 Stat. 3784, which is not classified to the Code.

-COD-

CODIFICATION

Prior to the general amendment by Pub. L. 95-269, this section

was a composite of several Acts as follows:

The first sentence was from a part of section 3 of Act of Aug.

11, 1888, the Rivers and Harbors Appropriation Act of 1888. The

remainder of section 3 was classified to section 623 of this title.

The second sentence, which provided that all improvement works

authorized by contract may, in the discretion of the Secretary of

War [now Army], be carried on by contract or otherwise, as may be

most economical or advantageous to the United States, was from

section 1 of the Act of July 25, 1912, the Rivers and Harbors

Appropriation Act of 1912. Previous similar provisions were

contained in Acts Mar. 2, 1907, ch. 2509, Sec. 1, 34 Stat. 1110;

Feb. 27, 1911, ch. 166, Sec. 1, 36 Stat. 952.

The third sentence, which provided that in all cases where the

project for a work of river or harbor improvement provides for the

construction or use of Government dredging plant, the Secretary of

War [now Army] may, in his discretion, have the work done by

contract if reasonable prices can be obtained, was from section 3

of the Act of Mar. 2, 1919, the Rivers and Harbors Appropriation

Act of 1919, which superseded a somewhat similar provision in

section 3 of the Act of Aug. 8, 1917, ch. 49, 40 Stat. 261. Section

1 of the 1917 Act, 40 Stat. 255, provided in part that "the work

proposed under the project adopted by the river and harbor Act

approved July twenty-fifth, nineteen hundred and twelve, may be

done by contract if reasonable prices can be obtained".

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-303 added subsec. (c).

1978 - Pub. L. 95-269 designated existing provision as subsec.

(a), substituted provisions relating to authority of Secretary of

the Army, acting through the Chief of Engineers, to implement

improvement projects by contract or otherwise and dredging and

related work by contract with private industry, for provisions

relating to authority of the Secretary of the Army to apply moneys

appropriated for improvements by contract or otherwise and for

construction or use of a Government dredging plant by contract, and

added subsec. (b).

-End-

-CITE-

33 USC Sec. 623 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-

Sec. 623. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(57), 65 Stat.

703

-MISC1-

Section, act Aug. 11, 1888, ch. 860, Sec. 3, 25 Stat. 423,

related to letting of contracts to lowest responsible bidder.

-End-

-CITE-

33 USC Sec. 624 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-

Sec. 624. Limitation on improvement work by private contract

-STATUTE-

(a) Determinations respecting comparison of private contract price

with estimation of cost of performance of work by Government

plant or by well-equipped contractor

No works of river and harbor improvement shall be done by private

contract -

(1) if the Secretary of the Army, acting through the Chief of

Engineers, determines that Government plant is reasonably

available to perform the subject work and the contract price for

doing the work is more than 25 per centum in excess of the

estimated comparable cost of doing the work by Government plant;

or

(2) in any other circumstance where the Secretary of the Army,

acting through the Chief of Engineers, determines that the

contract price is more than 25 per centum in excess of what he

determines to be a fair and reasonable estimated cost of a

well-equipped contractor doing the work.

(b) Considerations involved in determinations of estimation of cost

of performance of work by Government plant

In estimating the comparable cost of doing the work under

subsection (a)(1) of this section by Government plant the Secretary

of the Army, acting through the Chief of Engineers shall, in

addition to the cost of labor and materials, take into account

proper charges for depreciation of plant, all supervising and

overhead expenses, interest on the capital invested in the

Government plant (but the rate of interest shall not exceed the

maximum prevailing rate being paid by the United States on current

issues of bonds or other evidences of indebtedness) and such other

Government expenses and charges as the Chief of Engineers

determines to be appropriate.

(c) Considerations involved in determinations of estimation of cost

of performance of work by well-equipped contractor

In determining a fair and reasonable estimated cost of doing work

by private contract under subsection (a)(2) of this section, the

Secretary of the Army, acting through the Chief of Engineers,

shall, in addition to the cost of labor and materials, take into

account proper charges for depreciation of plant, all expenses for

supervision, overhead, workmen's compensation, general liability

insurance, taxes (State and local), interest on capital invested in

plant, and such other expenses and charges the Secretary of the

Army, acting through the Chief of Engineers, determines to be

appropriate.

-SOURCE-

(Mar. 2, 1919, ch. 95, Sec. 8, 40 Stat. 1290; Pub. L. 95-269, Sec.

2, Apr. 26, 1978, 92 Stat. 219.)

-COD-

CODIFICATION

Section is from the Rivers and Harbors Appropriation Act of 1919.

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-269 designated existing provision as subsec.

(a), substituted provisions relating to determinations by the

Secretary of the Army, acting through the Chief of Engineers,

respecting contract prices for performance of works of river and

harbor improvement by a Government plant or by a well-equipped

contractor as a limitation on performance of the work by private

contract, for provisions relating to limitation on use of funds for

works of river and harbor improvement pursuant to private contract

based on estimation of cost for performance of work by Government

plant and factors constituting cost estimation, and added subsecs.

(b) and (c).

COMPENSATION FOR INCREASED COSTS

Provision for payment to contractors to compensate for loss

occasioned by increased cost of materials during the war with

Germany was made by section 10 of act Mar. 2, 1919, and act June 5,

1920, ch. 252, Sec. 5, 41 Stat. 1014.

REPEAL OF LIMITATION ON COSTS

A provision for limitation on the costs of projects made by

section 1 of act Mar. 2, 1919, was repealed by act June 5, 1920,

ch. 252, Sec. 3, 41 Stat. 1013.

-End-

-CITE-

33 USC Sec. 625 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-

Sec. 625. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(58), 65 Stat.

703

-MISC1-

Section, acts Sept. 19, 1890, ch. 907, Sec. 2, 26 Stat. 452; July

25, 1912, ch. 253, Sec. 8, 37 Stat. 233, related to combining

several projects in one contract.

-End-

-CITE-

33 USC Sec. 626 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-

Sec. 626. Prosecution of work when appropriation insufficient

-STATUTE-

Whenever the appropriations made, or authorized to be made, for

the completion of any river and harbor work shall prove

insufficient therefor, the Secretary of the Army may, in his

discretion, on the recommendation of the Chief of Engineers, apply

the funds so appropriated or authorized to the prosecution of such

work.

-SOURCE-

(July 25, 1912, ch. 253, Sec. 8, 37 Stat. 233; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from part of section 8 of the Rivers and Harbors

Appropriation Act of 1912. The omitted part of such section 8 was

set out in section 625 of this title.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC1-

SIMILAR PROVISIONS

A similar provision was contained in act Mar. 2, 1907, ch. 2509,

Sec. 1, 34 Stat. 1073.

-End-

-CITE-

33 USC Sec. 627 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-

Sec. 627. Application of appropriation when separate works are

included therein

-STATUTE-

Where separate works or items are consolidated in River and

Harbor Acts and an aggregate amount is appropriated therefor, any

balances remaining to the credit of the separate works or items may

be transferred to the credit of the corresponding aggregate amounts

appropriated for the consolidated items, and the amounts

appropriated or transferred shall, unless otherwise expressed, be

expended in securing maintenance and improvement according to the

respective projects adopted by Congress, after giving due regard to

the respective needs of traffic. The allotments to the respective

works consolidated shall be made by the Secretary of the Army upon

recommendations by the Chief of Engineers. In case such works or

items are consolidated and separate amounts are given with each

project, the amounts so named shall be expended upon such separate

projects unless, in the discretion of the Secretary of the Army,

another allotment or division should be made of the same. Any

balances remaining to the credit of the consolidated items shall be

carried to the credit of the respective aggregate amounts

appropriated for the consolidated items.

-SOURCE-

(Mar. 4, 1915, ch. 142, Sec. 3, 38 Stat. 1052; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from the Rivers and Harbors Appropriation Act of 1915.

-MISC1-

PRIOR PROVISIONS

Section 3 of act Mar. 4, 1915, superseded act Mar. 4, 1913, ch.

144, Sec. 7, 37 Stat. 827, which read as follows:

"Where separate works or items are consolidated in this or

subsequent river and harbor Acts and an aggregate amount is

appropriated therefor the amounts appropriated shall, unless

otherwise expressed, be expended in securing maintenance and

improvement according to the respective projects adopted by

Congress, after giving due regard to the respective needs of

traffic. The allotments to the respective works consolidated shall

be made by the Secretary of War upon recommendations by the Chief

of Engineers. In case such works or items are consolidated and

separate amounts are given with each project, the amounts so named

shall be expended upon such separate projects unless, in the

discretion of the Secretary of War, another allotment or division

should be made of the same. Any balances remaining to the credit of

the consolidated items shall be carried to the credit of the

respective aggregate amounts appropriated for the consolidated

items."

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

SIMILAR PROVISIONS

The Rivers and Harbors Appropriation Act, Mar. 2, 1919, ch. 95,

Sec. 2, 40 Stat. 1287, contained the following provision: "Where

separate works or items are consolidated herein and an aggregate

amount is appropriated therefor, the amount so appropriated shall,

unless otherwise expressed, be expended in securing the maintenance

and improvement according to the respective projects adopted by

Congress after giving due regard to the respective needs of

traffic. The allotments to the respective works so consolidated

shall be made by the Chief of Engineers as authorized by the

Secretary of War. In case such works or items are consolidated and

separate amounts are given to individual projects the amounts so

named shall be expended upon such separate projects. Any balances

remaining to the credit of the consolidated items shall be carried

to the credit of the respective aggregate amounts appropriated for

the consolidated items."

Similar provisions were contained in act July 18, 1918, ch. 155,

Sec. 2, 40 Stat. 910.

-End-

-CITE-

33 USC Sec. 628 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-

Sec. 628. Expenditure for dredging within harbor lines

-STATUTE-

No money appropriated for the improvement of rivers and harbors

shall be expended for dredging inside of harbor lines duly

established.

-SOURCE-

(July 13, 1892, ch. 158, Sec. 5, 27 Stat. 111.)

-COD-

CODIFICATION

Section is from the Rivers and Harbors Appropriation Act of 1892.

-End-

-CITE-

33 USC Sec. 629 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-

Sec. 629. Contract for hire of dredging plant

-STATUTE-

Whenever it shall become, in the opinion of the Secretary of the

Army, necessary or desirable to hire a dredging plant or plants for

the performance of any of the public work carried on under his

direction the said Secretary may, in his discretion, agree for the

same, either in the manner customary on March 2, 1907, or on the

basis of an equitable reimbursement for deterioration of plant when

in use by the Government, and a reasonable percentage of the total

cost of the work.

-SOURCE-

(Mar. 2, 1907, ch. 2509, Sec. 5, 34 Stat. 1119; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from the Rivers and Harbors Appropriation Act of 1907.

The part of the original text omitted here repealed act Apr. 28,

1904, ch. 1761, Sec. 4, 33 Stat. 452.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 630 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-

Sec. 630. Limitation on expenditure for purchase of dredges

-STATUTE-

No money authorized to be expended for the acquirement of any

dredge or dredges shall be so expended for the purchase of any

dredge or dredges from private contractors, which at the time of

the proposed purchase can be manufactured at any navy yard or other

government-owned factory for a sum less than it can be purchased

for from such private contractor.

-SOURCE-

(Sept. 22, 1922, ch. 427, Sec. 5, 42 Stat. 1042.)

-COD-

CODIFICATION

Section is from part of section 5 of the Rivers and Harbors

Appropriation Act for 1922.

The omitted portion of that section authorized the construction

of six seagoing hopper dredges and limited the cost of each to

$750,000.

-End-

-CITE-

33 USC Sec. 631 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-

Sec. 631. Transfer of property between projects

-STATUTE-

The Secretary of the Army may direct a temporary transfer of any

property employed in the improvement of rivers and harbors

whenever, in his judgment, such transfer would secure efficient or

economical results, and such adjustment in the way of charges and

credits shall be made between the projects affected as may be

equitable.

-SOURCE-

(June 13, 1902, ch. 1079, Sec. 5, 32 Stat. 373; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from part of section 5 of the Rivers and Harbors

Appropriation Act of 1902.

The omitted part of that section is set out as section 558 of

this title.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 632 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-

Sec. 632. Omitted

-COD-

CODIFICATION

Section, act June 25, 1910, ch. 382, Sec. 5, 36 Stat. 676,

provided that the requirements of R.S. Sec. 3744, section 16 of

Title 41, Public Contracts, should not apply to the lease of

certain property or hire of vessels for use in connection with

river and harbor improvements where the period of the lease or hire

did not exceed three months. R.S. Sec. 3744, which required

contracts by the Secretaries of War, Navy, and Interior to be in

writing and filed in the returns office of the Interior Department,

was repealed by act Oct. 21, 1941, ch. 452, 55 Stat. 743.

-End-

-CITE-

33 USC Sec. 633 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY

SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-

Sec. 633. Protection, alteration, reconstruction, relocation, or

replacement of structures and facilities; contract standards;

reasonable costs

-STATUTE-

Whenever, during the construction or reconstruction of any

navigation, flood control, or related water development project

under the direction of the Secretary of the Army, the Chief of

Engineers determines that any structure or facility owned by an

agency of government and utilized in the performance of a

governmental function should be protected, altered, reconstructed,

relocated, or replaced to meet the requirements of navigation or

flood control, or both; or to preserve the safety or integrity of

such facility when its safety or usefulness is determined by the

Chief of Engineers to be adversely affected or threatened by the

project, the Chief of Engineers may, if he deems such action to be

in the public interest, enter into a contract providing for (1) the

payment from appropriations made for the construction or

maintenance of such project, of the reasonable cost of replacing,

relocating, or reconstructing such facility to such standard as he

deems reasonable but not to exceed the minimum standard of the

State or political subdivision for the same type of facility

involved, except that if the existing facility exceeds the minimum

standard of the State or political subdivision, the Chief of

Engineers may provide a facility of comparable standard, or (2) the

payment of a lump sum representing the estimated reasonable cost

thereof. This section shall not be construed as modifying any

existing or future requirement of local cooperation, or as

indicating a policy that local interests shall not hereafter be

required to assume costs of modifying such facilities. The

provisions of this section may be applied to projects hereafter

authorized and to those heretofore authorized but not completed as

of July 3, 1958, and notwithstanding the navigation servitude

vested in the United States, they may be applied to such structures

or facilities occupying the beds of navigable waters of the United

States.

-SOURCE-

(Pub. L. 85-500, title I, Sec. 111, July 3, 1958, 72 Stat. 303;

Pub. L. 89-298, title III, Sec. 309, Oct. 27, 1965, 79 Stat. 1094.)

-MISC1-

AMENDMENTS

1965 - Pub. L. 89-298 provided for payment of the reasonable cost

of replacing, relocating, or reconstructing the facility to a

reasonable standard, not exceeding minimum standard of State or

political subdivision for same type of facility involved, except

that if the existing facility exceeds the minimum standard of the

State or political subdivision, the Chief of Engineers may provide

a facility of comparable standard, in provision designated as

clause (1), eliminated former provision for payment of reasonable

actual cost of the remedial work, and designated existing

provisions as clause (2).

-End-