33 U.S.C. § 546 — Investigation of stream flow and water-

Page 123 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 546 (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 bear- ing upon the improvement of navigation, to the possibility and desirability of their being coordi- nated in a logical and proper manner with im- provements for navigation to lessen the cost of such improvements and to compensate the Gov- ernment for expenditures made in the interest of navigation, and to their relation to the develop- ment and regulation of commerce: Provided fur- ther, That the investigation and study of these questions may, upon review by the Board of En- gineers 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 Con- gress. (Mar. 4, 1913, ch. 144, § 3, 37 Stat. 825; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION This section and the second paragraph of section 556 of this title are from section 3 of act Mar. 4, 1913, popu- larly known as the ‘‘Rivers and Harbors Appropriation Act of 1913’’. That section superseded similar provisions of act June 25, 1910, ch. 382, § 3, 36 Stat. 668, for reports, investigations on review by the board of Engineers and for the printing of reports. PRIOR PROVISIONS Provision for report of examinations of river and har- bor improvements appeared in R.S. § 231, repealed by act Mar. 3, 1933, ch. 202, § 1, 47 Stat. 1428, and read as fol- lows: ‘‘The Secretary of War shall cause to be prepared and submitted to Congress, in connection with the re- ports 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 im- provements shall tend to subserve the general commer- cial and navigation interests of the United States.’’ 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. 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. TEMPORARY PROHIBITORY PROVISIONS Provisions prohibiting supplemental reports or esti- mates, prohibiting the making of examination or sur- vey for new works not designated, and providing that projects were not to be deemed entered upon until ap- propriations 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 im- provement 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 im- provement of such harbors, canals, and channels avail- able for such purposes, and the cost of each such sev- eral improvements, calculated upon the basis of com- pletion 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 prelimi- nary examinations and surveys to be made of the har- bors and connecting waters of the Great Lakes with a view to determining what additional improvements would be necessary to permit those waterways to ac- commodate 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, § 2, 39 Stat. 411, omitted from the Code as special and temporary. § 545a. Discontinuance For preliminary examinations and surveys au- thorized in previous river and harbor and flood- control Acts, the Secretary of the Army is di- rected 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 prelimi- nary examination reports shall no longer be re- quired to be prepared. (Pub. L. 85–500, title I, § 105, July 3, 1958, 72 Stat. 300.) Editorial Notes REFERENCES IN TEXT Previous river and harbor and flood-control Acts, re- ferred 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. § 546. Investigation of stream flow and water- sheds; surveys in connection with dams The surveys of navigable streams shall include such stream-flow measurements and other in- vestigations of the watersheds as may be nec- essary for preparation of plans of improvement and a proper consideration of all uses of the stream affecting navigation, and whenever nec- essary similar investigations may be made in connection with all navigable streams under im- provement. Whenever permission for the con- struction of dams in navigable streams is grant- ed, or is under consideration by Congress, such surveys and investigations of the sections of the streams affected may be made as are necessary 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.)