33 U.S.C. § 541 — Board of Engineers for Rivers and Harbors;

Page 120 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 540a 1 See References in Text note below. 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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. WATERWAY IMPROVEMENTS STUDY AND REPORT; AVAIL- ABILITY OF DATA TO NATIONAL TRANSPORTATION POL- ICY COMMISSION Pub. L. 94–587, § 158, Oct. 22, 1976, 90 Stat. 2933, di- rected 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 im- provements necessary to optimize the system and its intermodal characteristics, and to submit a report to Congress within three years after funds were first ap- propriated 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, § 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 cer- tain other waterways, for various purposes, and to sub- mit a report to Congress no later than Jan. 31, 1967, to- gether with his recommendations in connection there- with. § 540a. Availability of appropriations for attend- ance by military personnel at meetings and for printing survey reports 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 ex- penses of attendance by military personnel at meetings in the manner authorized by section 4110 of title 5, uniforms, and allowances there- for, 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 dur- ing a recess of Congress shall be printed, with il- lustrations, as documents of the next succeeding session of Congress. (Pub. L. 102–377, title I, Oct. 2, 1992, 106 Stat. 1325.) Editorial Notes 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 classi- fication of title I to the Code, see Tables. § 541. Board of Engineers for Rivers and Harbors; establishment; duties and powers generally There shall be organized in the office of the Chief of Engineers, United States Army, by de- tail from time to time from the Corps of Engi- neers, a board of seven engineer officers, a ma- jority 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 recommenda- tions as to the desirability of commencing or continuing any and all improvements upon which reports are required. And in the consider- ation of such works and projects the board shall have in view the amount and character of com- merce 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 mainte- nance at the expense of the United States. And such consideration shall be given as time per- mits 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 local- ities. And all facts, information, and arguments which are presented to the board for its consid- eration 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 Engi- neers. It shall further be the duty of said board, upon a request transmitted to the Chief of Engi- neers 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 ex- amine and report through the Chief of Engineers upon any projects adopted, prior to June 13, 1902, by the Government or upon which appropria- tions have been made, and report upon the desir- ability of continuing the same or upon any modifications thereof which may be deemed de- sirable. As used in this section the term ‘‘com- merce’’ 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 ap- proval of the Chief of Engineers, to rent quar- ters, 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. (June 13, 1902, ch. 1079, § 3, 32 Stat. 372; Mar. 4, 1913, ch. 144, § 4, 37 Stat. 827; Feb. 10, 1932, ch. 26, Page 121 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 543 47 Stat. 42; Pub. L. 103–437, § 12(a), Nov. 2, 1994, 108 Stat. 4590.) Editorial Notes CODIFICATION The original text of section 3 of act June 13, 1902, pro- vided for ‘‘a board of five engineer officers, whose du- ties 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. AMENDMENTS 1994—Pub. L. 103–437 substituted ‘‘Committee on Pub- lic Works and Transportation of the House of Rep- resentatives, 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’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee 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 Con- gress. TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND REASSIGNMENT OF DUTIES AND RESPON- SIBILITIES Pub. L. 102–580, title II, § 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 en- actment 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.’’ WATERWAYS COMMISSION Act Aug. 8, 1917, ch. 49, § 18, 40 Stat. 269, created a commission to be known as the Waterways Commis- sion, to bring into coordination and cooperation the en- gineering, scientific, and constructive services, bu- reaus, boards, etc., relating to study development, or control of waterways, etc., prior to repeal by act June 10, 1920, ch. 285, § 29, 41 Stat. 1077. § 542. Review by Board of Engineers of reports on examinations and surveys and special re- ports All reports on examinations and surveys au- thorized 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 re- ports ordered by Congress shall, in the discre- tion 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 Com- mittee 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 sur- vey 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 reso- lution, extend the scope of the project con- templated 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. (Mar. 4, 1913, ch. 144, § 4, 37 Stat. 826; Pub. L. 103–437, § 12(b), Nov. 2, 1994, 108 Stat. 4590.) Editorial Notes 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 sec- tion 541 of this title. AMENDMENTS 1994—Pub. L. 103–437 substituted ‘‘Committee on En- vironment and Public Works of the Senate or the Com- mittee on Public Works and Transportation of the House of Representatives’’ for ‘‘Committee on Com- merce of the Senate or the Committee on Rivers and Harbors of the House of Representatives’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee 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 Con- gress. TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND REASSIGNMENT OF DUTIES AND RESPON- SIBILITIES 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. 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. § 543. Employment of civil engineers on western and northwestern rivers 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 improve- ments of western and northwestern rivers, or- dered by Congress, as may be necessary to the proper and diligent prosecution of the same; and the persons so employed may be allowed a rea- sonable compensation for their services, not to exceed the sum of $3,000 a year. (R.S. § 5253; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)