33 U.S.C. § 542 — Review by Board of Engineers of reports

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.)