33 U.S.C. § 641 — Creation of Mississippi River Commission

Page 165 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 642a Sec. 642. Appointment of commissioners; vacancies; chairman; tenure of office. 642a. Rank, pay, and allowances of Corps of Engi- neers officers serving as President of Mis- sissippi River Commission. 643. Omitted. 644. Secretary of commission. 645. Repealed. 646. Headquarters and meetings of commission. 647. Mississippi River survey. 648. Arkansas River; levee and bank protection. 649. Vicksburg Harbor and Ohio River below Cache River. 650. Mississippi River below Rock Island; levee and bank protection. 651. Tributaries of Mississippi River below Cairo; levee and bank protection. 652. Upper Mississippi River Management. 653. Extension of jurisdiction of Mississippi River Commission. 653a. Extension of jurisdiction of Mississippi River Commission. § 641. Creation of Mississippi River Commission A commission is created to be called ‘‘The Mississippi River Commission’’, to consist of seven members. (June 28, 1879, ch. 43, § 1, 21 Stat. 37.) Editorial Notes CODIFICATION This was the first section of an act entitled ‘‘An act to provide for the appointment of a ‘Mississippi River Commission’ for the improvement of said river from the Head of the Passes near its mouth to its head-wa- ters’’. Statutory Notes and Related Subsidiaries APPROPRIATION FOR SALARIES AND EXPENSES Act June 28, 1879, ch. 43, § 7, 21 Stat. 38, omitted as temporary and executed, provided for the expenditure of an appropriation of $175,000 for salaries of the com- mission and necessary expenses of surveys, examina- tions, etc. MISSOURI RIVER COMMISSION The Missouri River Commission was created by act July 5, 1884, ch. 229, § 1, 23 Stat. 144, and repealed by act July 13, 1902, ch. 1079, § 1, 32 Stat. 367. § 642. Appointment of commissioners; vacancies; chairman; tenure of office The President of the United States shall ap- point seven commissioners, three of whom shall be selected from the Engineer Corps of the Army, one from the National Ocean Survey, and three from civil life, two of whom shall be civil engineers. And any vacancy which may occur in the commission shall in like manner be filled by the President of the United States; and he shall designate one of the commissioners appointed from the Engineer Corps of the Army to be president of the commission. The commissioners appointed under sections 641 to 644, 646, and 647 of this title, except those appointed from civil life, shall remain in office subject to removal by the President of the United States. Each com- missioner appointed from civil life after Novem- ber 7, 1966, shall be appointed for a term of nine years. (June 28, 1879, ch. 43, § 2, 21 Stat. 37; Pub. L. 89–789, title II, § 208, Nov. 7, 1966, 80 Stat. 1423; Pub. L. 112–166, § 2(y), Aug. 10, 2012, 126 Stat. 1289.) Editorial Notes AMENDMENTS 2012—Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate,’’ after ‘‘United States shall’’. 1966—Pub. L. 89–789 inserted ‘‘, except those ap- pointed from civil life,’’ and provided a nine year term for each commissioner appointed from civil life after Nov. 7, 1966. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. Executive Documents CHANGE OF NAME Coast and Geodetic Survey consolidated with Na- tional Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Envi- ronmental Science Services Administration abolished in 1970 and its personnel, property, records, etc., trans- ferred to National Oceanic and Atmospheric Adminis- tration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic Atmospheric Ad- ministration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geo- detic Survey redesignated National Ocean Survey. See notes set out under section 311 of Title 15, Commerce and Trade. TRANSFER OF FUNCTIONS Functions of all officers of Department of Commerce and functions of all officers and employees of such De- partment transferred, with a few exceptions, to Sec- retary of Commerce, with power vested in him to au- thorize their performance or performance of any of his functions by any of such officers, agencies and employ- ees, by Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. § 642a. Rank, pay, and allowances of Corps of En- gineers officers serving as President of Mis- sissippi River Commission Any officer of the Corps of Engineers who has served or shall serve four years as President of the Mississippi River Commission and who has been or shall subsequently be retired, shall, from the date of such retirement, receive the rank, pay, and allowances of a retired major general. (June 15, 1936, ch. 548 (pt.), as added Aug. 18, 1941, ch. 377, § 3, 55 Stat. 644.) Editorial Notes CODIFICATION Section was formerly classified to section 1026b of title 10 prior to the general revision and enactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, § 1, 70A Stat. 1.