Legislación
US (United States) Code. Title 32. Chapter 12: River and harbor improvements generally
-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 Repealed.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 Omitted or Repealed.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 Repealed.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 Repealed.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-
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33 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03
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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
SUBCHAPTER I - GENERAL PROVISIONS
-End-
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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-
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33 USC Sec. 540a 01/06/03
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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-
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33 USC Sec. 541 01/06/03
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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-
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33 USC Sec. 542 01/06/03
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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-
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