33 U.S.C. § 544a — Repealed. Pub. L. 89–554, § 8(a), Sept. 6,

Page 122 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 544 Editorial Notes CODIFICATION R.S. § 5253 derived from Res. Mar. 29, 1867, No. 27, 15 Stat. 28. 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they per- tain to Air Force, and to extent that they were not pre- viously 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. § 544. Repealed. Aug. 19, 1968, Pub. L. 88–448, § 402(a)(9), 78 Stat. 493 Section, act June 3, 1896, ch. 314, § 7, 29 Stat. 235, re- lated to employment of retired officers of the Army or Navy on river and harbour improvements. § 544a. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 650 Section, act June 20, 1938, ch. 535, § 5, 52 Stat. 805, re- lated to employment of retired civil service employees. See section 3323 of Title 5, Government Organization and Employees. § 544b. Employment of physicians to examine em- ployees; fee or employment basis; validation of prior agreements The Chief of Engineers may authorize the em- ployment of physicians under agreement, to make such physical examinations of employees or prospective employees as he may consider es- sential, 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 of- ficers for reasonable payments made prior to March 2, 1945, for such services. (Mar. 2, 1945, ch. 19, § 5, 59 Stat. 24.) Executive Documents TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they per- tain to Air Force, and to extent that they were not pre- viously 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. § 544c. Minority group participation in construc- tion of the Tennessee-Tombigbee Waterway project; annual report to Congress 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 encour- age the use, wherever possible, of minority owned firms. (Pub. L. 94–587, § 185, Oct. 22, 1976, 90 Stat. 2941; Pub. L. 104–106, div. A, title X, § 1064(e), Feb. 10, 1996, 110 Stat. 445.) Editorial Notes 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.’’ § 545. Preliminary examinations and reports; sur- veys; contents of report to Congress gen- erally In all cases where preliminary examinations and surveys are authorized a preliminary exam- ination of the river, harbor, or other proposed improvement mentioned shall first be made and a report as to the advisability of its improve- ment shall be submitted unless a survey or esti- mate is expressly directed. If upon such prelimi- nary 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 favor- able to such proposed improvement, or that a survey and estimate should be made to deter- mine the advisability of improvement, the Sec- retary of the Army is authorized, in his discre- tion, 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 ad- dition 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 facili- ties contiguous to the navigable water proposed to be improved, and, if water terminals have been constructed, the general location, descrip- tion, and use made of the same, with an opinion as to their adequacy and efficiency, whether pri- vate or public. If no public terminals have been constructed, or if they are inadequate in num- ber, 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 pro- posed terminals to the development of com- merce. (b) The development and utilization of water power for industrial and commercial purposes.