33 U.S.C. § 549b — Inclusion of project or facility in Corps of

Page 124 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 546a 1 So in original. Probably should be ‘‘due to’’. to secure conformity with rational plans for the improvement of the streams for navigation. (June 25, 1910, ch. 382, § 3, 36 Stat. 669.) Editorial Notes CODIFICATION Section is from section 3 of act June 25, 1910, popu- larly 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 Other provisions of such section were omitted, as superseded by section 545 of this title. 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ch. 3508, 34 Stat. 386, as amended by act June 23, 1910, ch. 360, 36 Stat. 593, apparently omitted from the Code as superseded. § 546a. Information as to configuration of shore line Every report submitted to Congress in pursu- ance of any provision of law for preliminary ex- amination and survey looking to the improve- ment 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 con- figuration of the shore line and the probable ef- fect 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 en- trance. (Aug. 30, 1935, ch. 831, § 5, 49 Stat. 1048.) § 547. Reports as to local benefits of improvement and recommendations as to local cooperation Every report submitted to Congress in pursu- ance of any provision of law for a survey, in ad- dition 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 improve- ment and a statement of general or national benefits, with recommendations as to what local cooperation should be required, if any, on ac- count of such special or local benefit. (June 5, 1920, ch. 252, § 2, 41 Stat. 1010.) Editorial Notes CODIFICATION Section is from act June 5, 1920, popularly known as the ‘‘Rivers and Harbors Appropriation Act of 1921’’. § 547a. Inclusion of regional economic develop- ment benefits in economic analysis for pur- poses of computing economic justification of project 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 justifica- tion of the project. (Pub. L. 94–587, § 140, Oct. 22, 1976, 90 Stat. 2930.) § 548. Omitted Editorial Notes CODIFICATION Section, act Mar. 3, 1925, ch. 467, § 7, 43 Stat. 1191, re- quired a report on projects adopted prior to March 3, 1925. § 549. Repealed. Pub. L. 96–470, title I, § 104(c), Oct. 19, 1980, 94 Stat. 2238 Section, act Mar. 3, 1899, ch. 425, § 7, 30 Stat. 1150, pro- vided 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. § 549a. Review of navigation, flood control, and water supply projects The Secretary of the Army, acting through the Chief of Engineers, is authorized to review the operation of projects the construction of which has been completed and which were con- structed by the Corps of Engineers in the inter- est of navigation, flood control, water supply, and related purposes, when found advisable due 1 the significantly changed physical or economic conditions, and to report thereon to Congress with recommendations on the advisability of modifying the structures or their operation, and for improving the quality of the environment in the overall public interest. (Pub. L. 91–611, title II, § 216, Dec. 31, 1970, 84 Stat. 1830.) Editorial Notes CODIFICATION Section is from Pub. L. 91–611, popularly known as the ‘‘Flood Control Act of 1970’’. § 549b. Inclusion of project or facility in Corps of Engineers workplan (a) In general The Secretary shall, to the maximum extent practicable, include in the future workplan of the Corps any authorized project or facility of the Corps of Engineers— (1) that the Secretary has studied for dis- position under an existing authority, includ- ing by carrying out a disposition study under section 549a of this title; and (2) for which a final report by the Director of Civil Works has been completed. (b) Notification to committees Upon completion of a final report referred to in subsection (a), the Secretary shall transmit a copy of the report to the Committee on Trans- portation and Infrastructure of the House of Representatives and the Committee on Environ- ment and Public Works of the Senate. (Pub. L. 115–270, title I, § 1117, Oct. 23, 2018, 132 Stat. 3776.) Page 125 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 554 Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 102 of Pub. L. 115–270, set out as a note under sec- tion 2201 of this title. § 550. Report on water terminal and transfer fa- cilities The Chief of Engineers, United States Army, shall indicate in his annual reports the char- acter of the terminal and transfer facilities ex- isting on every harbor or waterway under main- tenance 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 con- nected by a belt or spur line of railroad with all the railroads serving the same territory or mu- nicipality, 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 ter- minal with the other lines of highways. (c) If no water terminals have been con- structed by the municipality or other existing public agency there shall be included in his re- port an expression of opinion in general terms as to the necessity, number, and appropriate loca- tion 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 con- struction 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 characteris- tics. (July 18, 1918, ch. 155, § 7, 40 Stat. 911.) Editorial Notes CODIFICATION Section is from act July 18, 1918, popularly known as the ‘‘Rivers and Harbors Appropriation Act of 1918’’. § 551. Policy of Government as to terminal facili- ties for new projects 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 wa- terways 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. (Mar. 2, 1919, ch. 95, § 1, 40 Stat. 1286; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes 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 lo- cated 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 pol- icy 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 adopt- ed herein, or for the further improvement of existing projects if, in his opinion, no water terminals exist ade- quate 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.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary 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, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. § 552. Repealed. May 29, 1928, ch. 901, § 1(28), 45 Stat. 988 Section, act Aug. 5, 1886, ch. 929, § 8, 24 Stat. 335, re- quired reports to Congress concerning civilian engi- neers employed in improving rivers and harbors. § 553. Freight statistics In the collection of statistics relating to traf- fic, 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. (July 25, 1912, ch. 253, § 1, 37 Stat. 223.) Editorial Notes CODIFICATION Section is from part of section 1 of act July 25, 1912, popularly known as the ‘‘Rivers and Harbors Appro- priation Act of 1912’’. § 554. Duty of shipowners and officers to furnish information to person in local charge of im- provement; penalty Owners, agents, masters, and clerks of vessels arriving at or departing from localities where works of river and harbor improvement are car- ried on shall furnish, on application of the per- sons in local charge of the works, a comprehen- sive statement of vessels, passengers, freight, and tonnage. Every person or persons offending against the provisions of this section shall, for each and