-CITE- 33 USC CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY -HEAD- CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 540. Investigations and improvements; control by Department of the Army; wildlife conservation. 540a. Availability of appropriations for attendance by military personnel at meetings and for printing survey reports. 541. Board of Engineers for Rivers and Harbors; establishment; duties and powers generally. 542. Review by Board of Engineers of reports on examinations and surveys and special reports. 543. Employment of civil engineers on western and northwestern rivers. 544, 544a. Repealed. 544b. Employment of physicians to examine employees; fee or employment basis; validation of prior agreements. 544c. Minority group participation in construction of the Tennessee-Tombigbee Waterway project; annual report to Congress. 545. Preliminary examinations and reports; surveys; contents of report to Congress generally. 545a. Discontinuance. 546. Investigation of stream flow and watersheds; surveys in connection with dams. 546a. Information as to configuration of shore line. 547. Reports as to local benefits of improvement and recommendations as to local cooperation. 547a. Inclusion of regional economic development benefits in economic analysis for purposes of computing economic justification of project. 548, 549. Omitted or Repealed. 550. Report on water terminal and transfer facilities. 551. Policy of Government as to terminal facilities for new projects. 552. Repealed. 553. Freight statistics. 554. Duty of shipowners and officers to furnish information to person in local charge of improvement; penalty. 555. Duty of shipowners and officers to furnish information required by Secretary of the Army. 555a. Petroleum product information. (a) Disclosure to States. (b) Requests for disclosure. (c) Modes of disclosure. (d) Confidentiality of disclosed information. (e) Definitions. (f) Omitted. 556. Printing reports generally. 557. Payment of costs of printing. 557a. Publication of pamphlets, maps, brochures, and other material. 557b. Sale of publications, charts, or other material; deposit of proceeds. 558. Proceeds from sale or transfer of property acquired. 558a. Repealed. 558b. Exchange of land or property. 558b-1. Application to authorized works of flood control. 558c. Rights-of-way over United States land. 559. Disposition of rentals for Government plants. 560. Contributions from private parties; return of excess. 561. Advances by private parties; repayment. 561a. Contributions from local interests; reduction to meet lowered cost. 562. Channel depths and dimensions defined. 562a. Project depths for national defense purposes; waterways for general commerce. 563, 564. Omitted or Repealed. 565. River and harbor improvement by private or municipal enterprise. 566. Improvement by or under authority of State of New Jersey. 567. Navigation and flood control improvements by Minnesota, North Dakota, and South Dakota. 567a. Flood and pollution control compacts between certain States. 567b. Pollution of Potomac drainage basin; control by State compacts. 567b-1. Amended compact. 568. Limitation on power of committee of Congress to consider projects. 569. Personal equipment for employees; use of funds for purpose. 569a. Temporary employment of experts or consultants; compensation. 569b. Contracts; architect and engineering services; surveying and mapping services. 569c. Services of volunteers. 569d. Safety award and promotional materials. (a) Promotion of safety program. (b) Employee recognition. (c) Authorization of appropriations. 569e. Use of private sector resources in surveying and mapping. 569f. Debarment of persons convicted of fraudulent use of "Made in America" labels. 570. Default in contract; disposition of amounts collected. 571. Crediting reimbursements for lost, stolen, or damaged property. 572. Collection and removal of drift in Baltimore Harbor. 573, 574. Repealed or Omitted. 575. Availability of appropriations for expenses incident to operation of power boats or vessels; expenses defined; certification of expenditures. 576. Revolving fund; establishment; availability; reimbursement; transfer of funds; limitation. 576a. Purchase of passenger motor vehicles by Corps of Engineers. 576b. Lease authority. 577. Small river and harbor improvement projects. (a) Allotment from appropriations for construction. (b) Limitation on allotment. (c) Lands, easements, and rights-of-way; indemnification; assurances of local cooperation. (d) Sharing of costs by non-Federal interests. (e) Completeness of project. (f) Low water access navigation channels from existing channel of Mississippi River. 577a. Small-boat navigation projects; charter fishing craft. 577b. Cost of operation and maintenance of general navigation features of small boat harbor projects; applicable projects. 578. Disposal of surplus property for development of public port or industrial facilities. (a) Conveyance by Secretary of the Army. (b) Purchase price; conditions, reservations or restrictions. (c) Notice of proposed conveyance. (d) Delegation of authority. (e) Deposit of proceeds. 579. Repealed. 579a. Project deauthorizations. (a) Funds to be obligated for construction to avoid deauthorization. (b) Transmission to Congress of list of unconstructed projects or separable elements authorized but not receiving obligations during 10 fiscal years preceding transmission; two-year updates of list. (c) Deauthorized list; publication in Federal Register. SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND SUBSISTENCE 581. Hiring special means of transportation. 582. Repealed. 583. Payment of allowances, etc., incident to change of station of Engineer officers from appropriation for improvements. 583a. Payment of pay and allowances of officers of Corps of Engineers from appropriation for improvements. 584, 584a. Repealed. SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS 591. Condemnation, purchase, and donation of land and materials. 592. Condemnation of land in aid of person, company, corporation, municipal or private. 593. Condemnation of land in aid of State or State agency. 594. When immediate possession of land may be taken. 595. Consideration of benefits in assessing compensation. 595a. Compensation for taking or condemnation of property for public improvements; fair market value; partial taking; effective date. 596. Repealed. 597. Acquisition of lands for water resource development projects; information as to probable timing for acquisition; public meetings; regulations. 598. Resettlement of displaced families, individuals, and business concerns. (a) Acquisition of land; condemnation expenses; bond. (b) Acquisition provisions. (c) Conveyance to State, public or private nonprofit body. SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS 601. Mississippi River; regulation of reservoirs at headwaters. 602. Maintenance of channel of South Pass of Mississippi River. 603. Repealed. 603a. Removal of snags and debris, and straightening, clearing, and protecting channels in navigable waters. 604. Removal of snags, etc., from Mississippi River. 605. Operation of snag boats on Upper Mississippi River. 606. Removal of snags, and so forth, from Ohio River. 607. Removal of drift from New York Harbor. 607a. Appropriations; separate project. 608. Construction of fishways. 609. Sluices and other work in dams for development of water power. 610. Control of aquatic plant growths. (a) In general. (b) Appropriations. (c) Support. SUBCHAPTER V - PROSECUTION OF WORK GENERALLY 621. By what methods river and harbor work may be authorized to be prosecuted. 622. Contracts, etc., with private industry for implementation of projects for improvements and dredging; reduction of federally owned fleet. (a) Contracts for dredging and related work. (b) Reduction of federally owned fleet. (c) Program to increase use of private hopper dredges. 623. Repealed. 624. Limitation on improvement work by private contract. (a) Determinations respecting comparison of private contract price with estimation of cost of performance of work by Government plant or by well-equipped contractor. (b) Considerations involved in determinations of estimation of cost of performance of work by Government plant. (c) Considerations involved in determinations of estimation of cost of performance of work by well-equipped contractor. 625. Repealed. 626. Prosecution of work when appropriation insufficient. 627. Application of appropriation when separate works are included therein. 628. Expenditure for dredging within harbor lines. 629. Contract for hire of dredging plant. 630. Limitation on expenditure for purchase of dredges. 631. Transfer of property between projects. 632. Omitted. 633. Protection, alteration, reconstruction, relocation, or replacement of structures and facilities; contract standards; reasonable costs. -End- -CITE- 33 USC SUBCHAPTER I - GENERAL PROVISIONS 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- SUBCHAPTER I - GENERAL PROVISIONS -End- -CITE- 33 USC Sec. 540 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 540. Investigations and improvements; control by Department of the Army; wildlife conservation -STATUTE- Federal investigations and improvements of rivers, harbors, and other waterways shall be under the jurisdiction of and shall be prosecuted by the Department of the Army under the direction of the Secretary of the Army and the supervision of the Chief of Engineers, except as otherwise specifically provided by Act of Congress, which said investigations and improvements shall include a due regard for wildlife conservation. -SOURCE- (June 20, 1938, ch. 535, Sec. 1, 52 Stat. 802; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -MISC1- PRIOR PROVISIONS Acts Aug. 30, 1935, ch. 831, 49 Stat. 1028; Aug. 26, 1937, ch. 832, 50 Stat. 844, contained similar provisions. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -MISC2- WATERWAY IMPROVEMENTS STUDY AND REPORT; AVAILABILITY OF DATA TO NATIONAL TRANSPORTATION POLICY COMMISSION Pub. L. 94-587, Sec. 158, Oct. 22, 1976, 90 Stat. 2933, directed 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 improvements necessary to optimize the system and its intermodal characteristics, and to submit a report to Congress within three years after funds were first appropriated 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, Sec. 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 certain other waterways, for various purposes, and to submit a report to Congress no later than Jan. 31, 1967, together with his recommendations in connection therewith. -End- -CITE- 33 USC Sec. 540a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 540a. Availability of appropriations for attendance by military personnel at meetings and for printing survey reports -STATUTE- 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 expenses of attendance by military personnel at meetings in the manner authorized by section 4110 of title 5, uniforms, and allowances therefor, 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 during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress. -SOURCE- (Pub. L. 102-377, title I, Oct. 2, 1992, 106 Stat. 1325.) -REFTEXT- 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 classification of title I to the Code, see Tables. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 33 USC Sec. 541 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 541. Board of Engineers for Rivers and Harbors; establishment; duties and powers generally -STATUTE- There shall be organized in the office of the Chief of Engineers, United States Army, by detail from time to time from the Corps of Engineers, a board of seven engineer officers, a majority 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 recommendations as to the desirability of commencing or continuing any and all improvements upon which reports are required. And in the consideration of such works and projects the board shall have in view the amount and character of commerce 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 maintenance at the expense of the United States. And such consideration shall be given as time permits 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 localities. And all facts, information, and arguments which are presented to the board for its consideration 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 Engineers. It shall further be the duty of said board, upon a request transmitted to the Chief of Engineers 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 examine and report through the Chief of Engineers upon any projects adopted, prior to June 13, 1902, by the Government or upon which appropriations have been made, and report upon the desirability of continuing the same or upon any modifications thereof which may be deemed desirable. As used in this section the term "commerce" 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 approval of the Chief of Engineers, to rent quarters, 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. -SOURCE- (June 13, 1902, ch. 1079, Sec. 3, 32 Stat. 372; Mar. 4, 1913, ch. 144, Sec. 4, 37 Stat. 827; Feb. 10, 1932, ch. 26, 47 Stat. 42; Pub. L. 103-437, Sec. 12(a), Nov. 2, 1994, 108 Stat. 4590.) -COD- CODIFICATION The original text of section 3 of act June 13, 1902, provided for "a board of five engineer officers, whose duties 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. -MISC1- AMENDMENTS 1994 - Pub. L. 103-437 substituted "Committee on Public Works and Transportation of the House of Representatives, 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". -CHANGE- CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Committee 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 Congress. -TRANS- TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND REASSIGNMENT OF DUTIES AND RESPONSIBILITIES Pub. L. 102-580, title II, Sec. 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 enactment 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." -MISC2- WATERWAYS COMMISSION Act Aug. 8, 1917, ch. 49, Sec. 18, 40 Stat. 269, created a commission to be known as the Waterways Commission, to bring into coordination and cooperation the engineering, scientific, and constructive services, bureaus, boards, etc., relating to study development, or control of waterways, etc., prior to repeal by act June 10, 1920, ch. 285, Sec. 29, 41 Stat. 1077. -End- -CITE- 33 USC Sec. 542 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 542. Review by Board of Engineers of reports on examinations and surveys and special reports -STATUTE- All reports on examinations and surveys authorized 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 reports ordered by Congress shall, in the discretion 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 Committee 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 survey 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 resolution, extend the scope of the project contemplated 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. -SOURCE- (Mar. 4, 1913, ch. 144, Sec. 4, 37 Stat. 826; Pub. L. 103-437, Sec. 12(b), Nov. 2, 1994, 108 Stat. 4590.) -COD- 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 section 541 of this title. -MISC1- AMENDMENTS 1994 - Pub. L. 103-437 substituted "Committee on Environment and Public Works of the Senate or the Committee on Public Works and Transportation of the House of Representatives" for "Committee on Commerce of the Senate or the Committee on Rivers and Harbors of the House of Representatives". -CHANGE- CHANGE OF NAME Committee on Public Works and Transportation of House of Representatives treated as referring to Committee 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 Congress. -TRANS- TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously 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. TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND REASSIGNMENT OF DUTIES AND RESPONSIBILITIES 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. -End- -CITE- 33 USC Sec. 543 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 543. Employment of civil engineers on western and northwestern rivers -STATUTE- 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 improvements of western and northwestern rivers, ordered by Congress, as may be necessary to the proper and diligent prosecution of the same; and the persons so employed may be allowed a reasonable compensation for their services, not to exceed the sum of $3,000 a year. -SOURCE- (R.S. Sec. 5253; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION R.S. Sec. 5253 derived from Res. Mar. 29, 1867, No. 27, 15 Stat. 28. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously 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. -End- -CITE- 33 USC Sec. 544 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 544. Repealed. Aug. 19, 1968, Pub. L. 88-448, Sec. 402(a)(9), 78 Stat. 493 -MISC1- Section, act June 3, 1896, ch. 314, Sec. 7, 29 Stat. 235, related to employment of retired officers of the Army or Navy on river and harbour improvements. -End- -CITE- 33 USC Sec. 544a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 544a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 650 -MISC1- Section, act June 20, 1938, ch. 535, Sec. 5, 52 Stat. 805, related to employment of retired civil service employees. See section 3323 of Title 5, Government Organization and Employees. -End- -CITE- 33 USC Sec. 544b 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 544b. Employment of physicians to examine employees; fee or employment basis; validation of prior agreements -STATUTE- The Chief of Engineers may authorize the employment of physicians under agreement, to make such physical examinations of employees or prospective employees as he may consider essential, 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 officers for reasonable payments made prior to March 2, 1945, for such services. -SOURCE- (Mar. 2, 1945, ch. 19, Sec. 5, 59 Stat. 24.) -TRANS- TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously 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. -End- -CITE- 33 USC Sec. 544c 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 544c. Minority group participation in construction of the Tennessee-Tombigbee Waterway project; annual report to Congress -STATUTE- 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 encourage the use, wherever possible, of minority owned firms. -SOURCE- (Pub. L. 94-587, Sec. 185, Oct. 22, 1976, 90 Stat. 2941; Pub. L. 104-106, div. A, title X, Sec. 1064(e), Feb. 10, 1996, 110 Stat. 445.) -MISC1- 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." -End- -CITE- 33 USC Sec. 545 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 545. Preliminary examinations and reports; surveys; contents of report to Congress generally -STATUTE- In all cases where preliminary examinations and surveys are authorized a preliminary examination of the river, harbor, or other proposed improvement mentioned shall first be made and a report as to the advisability of its improvement shall be submitted unless a survey or estimate is expressly directed. If upon such preliminary 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 favorable to such proposed improvement, or that a survey and estimate should be made to determine the advisability of improvement, the Secretary of the Army is authorized, in his discretion, 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 addition 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 facilities contiguous to the navigable water proposed to be improved, and, if water terminals have been constructed, the general location, description, and use made of the same, with an opinion as to their adequacy and efficiency, whether private or public. If no public terminals have been constructed, or if they are inadequate in number, 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 proposed terminals to the development of commerce. (b) The development and utilization of water power for industrial and commercial purposes. (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 bearing upon the improvement of navigation, to the possibility and desirability of their being coordinated in a logical and proper manner with improvements for navigation to lessen the cost of such improvements and to compensate the Government for expenditures made in the interest of navigation, and to their relation to the development and regulation of commerce: Provided further, That the investigation and study of these questions may, upon review by the Board of Engineers 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 Congress. -SOURCE- (Mar. 4, 1913, ch. 144, Sec. 3, 37 Stat. 825; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION This section and the second paragraph of section 556 of this title are from section 3 of act Mar. 4, 1913, popularly known as the "Rivers and Harbors Appropriation Act of 1913". That section superseded similar provisions of act June 25, 1910, ch. 382, Sec. 3, 36 Stat. 668, for reports, investigations on review by the board of Engineers and for the printing of reports. -MISC1- PRIOR PROVISIONS Provision for report of examinations of river and harbor improvements appeared in R.S. Sec. 231, repealed by act Mar. 3, 1933, ch. 202, Sec. 1, 47 Stat. 1428, and read as follows: "The Secretary of War shall cause to be prepared and submitted to Congress, in connection with the reports 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 improvements shall tend to subserve the general commercial and navigation interests of the United States." -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND REASSIGNMENT OF DUTIES AND RESPONSIBILITIES 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. -MISC2- TEMPORARY PROHIBITORY PROVISIONS Provisions prohibiting supplemental reports or estimates, prohibiting the making of examination or survey for new works not designated, and providing that projects were not to be deemed entered upon until appropriations 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 improvement 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 improvement of such harbors, canals, and channels available for such purposes, and the cost of each such several improvements, calculated upon the basis of completion 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 preliminary examinations and surveys to be made of the harbors and connecting waters of the Great Lakes with a view to determining what additional improvements would be necessary to permit those waterways to accommodate 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, Sec. 2, 39 Stat. 411, omitted from the Code as special and temporary. -End- -CITE- 33 USC Sec. 545a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 545a. Discontinuance -STATUTE- For preliminary examinations and surveys authorized in previous river and harbor and flood-control Acts, the Secretary of the Army is directed 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 preliminary examination reports shall no longer be required to be prepared. -SOURCE- (Pub. L. 85-500, title I, Sec. 105, July 3, 1958, 72 Stat. 300.) -REFTEXT- REFERENCES IN TEXT Previous river and harbor and flood-control Acts, referred 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. -End- -CITE- 33 USC Sec. 546 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 546. Investigation of stream flow and watersheds; surveys in connection with dams -STATUTE- The surveys of navigable streams shall include such stream-flow measurements and other investigations of the watersheds as may be necessary for preparation of plans of improvement and a proper consideration of all uses of the stream affecting navigation, and whenever necessary similar investigations may be made in connection with all navigable streams under improvement. Whenever permission for the construction of dams in navigable streams is granted, or is under consideration by Congress, such surveys and investigations of the sections of the streams affected may be made as are necessary to secure conformity with rational plans for the improvement of the streams for navigation. -SOURCE- (June 25, 1910, ch. 382, Sec. 3, 36 Stat. 669.) -COD- CODIFICATION Section is from section 3 of act June 25, 1910, popularly 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. -MISC1- 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. -End- -CITE- 33 USC Sec. 546a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 546a. Information as to configuration of shore line -STATUTE- Every report submitted to Congress in pursuance of any provision of law for preliminary examination and survey looking to the improvement 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 configuration of the shore line and the probable effect 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 entrance. -SOURCE- (Aug. 30, 1935, ch. 831, Sec. 5, 49 Stat. 1048.) -End- -CITE- 33 USC Sec. 547 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 547. Reports as to local benefits of improvement and recommendations as to local cooperation -STATUTE- Every report submitted to Congress in pursuance of any provision of law for a survey, in addition 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 improvement and a statement of general or national benefits, with recommendations as to what local cooperation should be required, if any, on account of such special or local benefit. -SOURCE- (June 5, 1920, ch. 252, Sec. 2, 41 Stat. 1010.) -COD- CODIFICATION Section is from act June 5, 1920, popularly known as the "Rivers and Harbors Appropriation Act of 1921". -End- -CITE- 33 USC Sec. 547a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 547a. Inclusion of regional economic development benefits in economic analysis for purposes of computing economic justification of project -STATUTE- 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 justification of the project. -SOURCE- (Pub. L. 94-587, Sec. 140, Oct. 22, 1976, 90 Stat. 2930.) -End- -CITE- 33 USC Sec. 548 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 548. Omitted -COD- CODIFICATION Section, act Mar. 3, 1925, ch. 467, Sec. 7, 43 Stat. 1191, required a report on projects adopted prior to March 3, 1925. -End- -CITE- 33 USC Sec. 549 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 549. Repealed. Pub. L. 96-470, title I, Sec. 104(c), Oct. 19, 1980, 94 Stat. 2238 -MISC1- Section, act Mar. 3, 1899, ch. 425, Sec. 7, 30 Stat. 1150, provided 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. -End- -CITE- 33 USC Sec. 550 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 550. Report on water terminal and transfer facilities -STATUTE- The Chief of Engineers, United States Army, shall indicate in his annual reports the character of the terminal and transfer facilities existing on every harbor or waterway under maintenance or improvement by the United States, and state whether they are considered adequate for existing commerce. He shall also submit one or more special reports on this subject, as soon as possible after January 18, 1918, including, among other things, the following: (a) A brief description of such water terminals, including location and the suitability of such terminals to the existing traffic conditions, and whether such terminals are publicly or privately owned, and the terms and conditions under which they may be subjected to public use. (b) Whether such water terminals are connected by a belt or spur line of railroad with all the railroads serving the same territory or municipality, and whether such connecting railroad is owned by the public and the conditions upon which the same may be used, and also whether there is an interchange of traffic between the water carriers and the railroad or railroads as to such traffic which is carried partly by rail and partly by water to its destination, and also whether improved and adequate highways have been constructed connecting such water terminal with the other lines of highways. (c) If no water terminals have been constructed by the municipality or other existing public agency there shall be included in his report an expression of opinion in general terms as to the necessity, number, and appropriate location of such a terminal or terminals. (d) An investigation of the general subject of water terminals, with descriptions and general plans of terminals of appropriate types and construction for the harbors and waterways of the United States suitable for various commercial purposes and adapted to the varying conditions of tides, floods, and other physical characteristics. -SOURCE- (July 18, 1918, ch. 155, Sec. 7, 40 Stat. 911.) -COD- CODIFICATION Section is from act July 18, 1918, popularly known as the "Rivers and Harbors Appropriation Act of 1918". -End- -CITE- 33 USC Sec. 551 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 551. Policy of Government as to terminal facilities for new projects -STATUTE- It is declared to be the policy of the Congress that water terminals are essential at all cities and towns located upon harbors or navigable waterways and that at least one public terminal should exist, constructed, owned, and regulated by the municipality or other public agency of the State and open to the use of all on equal terms. The Secretary of the Army, through the Chief of Engineers, shall give full publicity, as far as may be practicable, to this provision. -SOURCE- (Mar. 2, 1919, ch. 95, Sec. 1, 40 Stat. 1286; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act Mar. 2, 1919, popularly known as the "Rivers and Harbors Appropriation Act of 1919". The original text of said section 1 read as follows: "It is hereby declared to be the policy of the Congress that water terminals are essential at all cities and towns located upon harbors or navigable waterways and that at least one public terminal should exist, constructed, owned, and regulated by the municipality, or other public agency of the State and open to the use of all on equal terms, and with the view of carrying out this policy to the fullest possible extent the Secretary of War is hereby vested with the discretion to withhold, unless the public interests would seriously suffer by delay, monies appropriated in this Act for new projects adopted herein, or for the further improvement of existing projects if, in his opinion, no water terminals exist adequate for the traffic and open to all on equal terms, or unless satisfactory assurances are received that local or other interests will provide such adequate terminal or terminals. The Secretary of War, through the Chief of Engineers, shall give full publicity, as far as may be practicable, to this provision." -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -End- -CITE- 33 USC Sec. 552 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 552. Repealed. May 29, 1928, ch. 901, Sec. 1(28), 45 Stat. 988 -MISC1- Section, act Aug. 5, 1886, ch. 929, Sec. 8, 24 Stat. 335, required reports to Congress concerning civilian engineers employed in improving rivers and harbors. -End- -CITE- 33 USC Sec. 553 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 553. Freight statistics -STATUTE- In the collection of statistics relating to traffic, the Corps of Engineers is directed to adopt a uniform system of classification for freight, and upon rivers or inland waterways to collate ton- mileage statistics as far as practicable. -SOURCE- (July 25, 1912, ch. 253, Sec. 1, 37 Stat. 223.) -COD- CODIFICATION Section is from part of section 1 of act July 25, 1912, popularly known as the "Rivers and Harbors Appropriation Act of 1912". -End- -CITE- 33 USC Sec. 554 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 554. Duty of shipowners and officers to furnish information to person in local charge of improvement; penalty -STATUTE- Owners, agents, masters, and clerks of vessels arriving at or departing from localities where works of river and harbor improvement are carried on shall furnish, on application of the persons in local charge of the works, a comprehensive statement of vessels, passengers, freight, and tonnage. Every person or persons offending against the provisions of this section shall, for each and every offense, be liable to a fine of $100, or imprisonment not exceeding two months, to be enforced in any district court in the United States within whose territorial jurisdiction such offense may have been committed. -SOURCE- (Feb. 21, 1891, ch. 252, Secs. 1, 2, 26 Stat. 766.) -End- -CITE- 33 USC Sec. 555 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 555. Duty of shipowners and officers to furnish information required by Secretary of the Army -STATUTE- Owners, agents, masters, and clerks of vessels and other craft plying upon the navigable waters of the United States, and all individuals and corporations engaged in transporting their own goods upon the navigable waters of the United States, shall furnish such statements relative to vessels, passengers, freight, and tonnage as may be required by the Secretary of the Army: Provided, That this provision shall not apply to those rafting logs except upon a direct request upon the owner to furnish specific information. Every person or persons offending against the provisions of this section shall, for each and every offense, be liable to a fine of not more than $5,000, or imprisonment not exceeding two months, to be enforced in any district court in the United States within whose territorial jurisdiction such offense may have been committed. In addition, the Secretary may assess a civil penalty of up to $2,500, per violation, against any person or entity that fails to provide timely, accurate statements required to be submitted pursuant to this section by the Secretary. -SOURCE- (Sept. 22, 1922, ch. 427, Sec. 11, 42 Stat. 1043; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 99-662, title IX, Sec. 919(f), Nov. 17, 1986, 100 Stat. 4193.) -COD- CODIFICATION Section is from act Sept. 22, 1922, popularly known as the "Rivers and Harbors Appropriation Act of 1922". -MISC1- AMENDMENTS 1986 - Pub. L. 99-662 substituted "not more than $5,000" for "$100" and inserted "In addition, the Secretary may assess a civil penalty of up to $2,500, per violation, against any person or entity that fails to provide timely, accurate statements required to be submitted pursuant to this section by the Secretary." -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -End- -CITE- 33 USC Sec. 555a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 555a. Petroleum product information -STATUTE- (a) Disclosure to States The Secretary shall disclose petroleum product information to any State taxing agency making a request under subsection (b) of this section. Such information shall be disclosed for the purpose of, and only to the extent necessary in, the administration of State tax laws. (b) Requests for disclosure Disclosure of information under this section shall be permitted only upon written request by the head of the State taxing agency and only to the representatives of such agency designated in such written request as the individuals who are to inspect or to receive the information on behalf of such agency. Any such representative shall be an employee or legal representative of such agency. (c) Modes of disclosure (1) Requests for the disclosure of information under this section, and such disclosure, shall be made in such manner and at such time and place as shall be prescribed by the Secretary. (2) Information disclosed to any person under this section may be provided in the form of written documents or reproductions of such documents, or by any other mode or means which the Secretary determines necessary or appropriate. A reasonable fee may be prescribed for furnishing such information. (3) Any reproduction of any document or other matter made in accordance with this subsection shall have the same legal status as the original, and any such reproduction shall, if properly authenticated, be admissible in evidence in any judicial or administrative proceeding as if it were the original, whether or not the original is in existence. (d) Confidentiality of disclosed information The Secretary shall not disclose information to a State taxing agency of a State under this section unless such State has in effect provisions of law which - (1) exempt such information from disclosure under a State law requiring agencies of the State to make information available to the public, or (2) otherwise protect the confidentiality of the information. Nothing in the preceding sentence shall be construed to prohibit the disclosure by an officer or employee of a State of information to another officer or employer of such State (or political subdivision of such State) to the extent necessary in the administration of State tax laws. (e) Definitions For purposes of this section, the term - (1) "petroleum product information" means information relating to petroleum products transported by vessel which is received by the Secretary (A) under section 555 of this title, or (B) under any other legal authority; and (2) "State taxing agency" means any State agency, body, or commission, or its legal representative, which is charged under the laws of such State with responsibility for the administration of State tax laws. (f) Omitted -SOURCE- (Pub. L. 99-662, title IX, Sec. 919, Nov. 17, 1986, 100 Stat. 4192.) -COD- CODIFICATION Subsec. (f) of this section amended section 555 of this title. -CROSS- "SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 2201 of this title. -End- -CITE- 33 USC Sec. 556 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 556. Printing reports generally -STATUTE- The Secretary of the Army shall cause the manuscript of the annual report of the Chief of Engineers and subordinate engineers, relating to the improvement of rivers and harbors, and the report of the Mississippi River Commission to be placed in the hands of the Public Printer on or before the 15th day of October in each year, and the Public Printer shall cause said reports to be printed with an accurate and comprehensive index thereof, on or before the first Monday in December in each year, for the use of Congress. All reports on examinations and surveys which may be prepared during the recess of Congress shall, in the discretion of the Secretary of the Army, be printed by the Public Printer as documents of the following session of Congress. -SOURCE- (Aug. 11, 1888, ch. 860, Sec. 8, 25 Stat. 424; June 13, 1902, ch. 1079, Sec. 1, 32 Stat. 367; Mar. 4, 1913, ch. 144, Sec. 3, 37 Stat. 826; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION The first paragraph of this section is from act Aug. 11, 1888, popularly known as the "Rivers and Harbors Appropriation Act". The Mississippi River Commission was created by act June 28, 1879, set out as sections 641, 642, 644, 646, and 647 of this title. The words "and Missouri" which appeared in the original text after "Mississippi" were superseded by the abolition of the Missouri River Commission by act June 13, 1902, ch. 1079, Sec. 1, 32 Stat. 367. The second paragraph of this section is from the last paragraph of section 3 of act Mar. 4, 1913, which superseded a similar provision of act July 25, 1912, ch. 253, 37 Stat. 231. Other parts of said section 3 are set out in section 545 of this title. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -MISC1- COMPILATION AND PRINTING OF LAWS Act June 5, 1920, ch. 252, Sec. 6, 41 Stat. 1014, as amended by act Mar. 3, 1925, ch. 467, Sec. 4, 43 Stat. 1190, provided for compilation and printing of laws relating to improvement of rivers and harbors, passed between Mar. 4, 1913, until and including laws of second session of Sixty-eighth Congress. -End- -CITE- 33 USC Sec. 557 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 557. Payment of costs of printing -STATUTE- The printing of matter relating to river and harbor works, including all reports, compilations, regulations, and so forth, whose preparation is allowable under Department of the Army regulations, shall be done and paid for out of regular annual appropriations for printing and binding for the Department of the Army. -SOURCE- (July 25, 1912, ch. 253, Sec. 13, 37 Stat. 234; July 1, 1916, ch. 209, Sec. 1, 39 Stat. 330; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from section 1 of act July 1, 1916, repealing section 13 of act July 25, 1912. Section 1 of that act was a provision, following an appropriation for printing for the War Department, of the Sundry Civil Appropriation Act for 1917. The repealed section 13 of act July 25, 1912, read as follows: "The printing of matter relating to river and harbor works, including all reports, compilations, regulations, and so forth, whose preparation is allowable under War Department regulations, may, upon recommendation of the Chief of Engineers and approval by the Secretary of War, be paid for from river and harbor appropriations." -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -End- -CITE- 33 USC Sec. 557a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 557a. Publication of pamphlets, maps, brochures, and other material -STATUTE- The Chief of Engineers is authorized to publish information pamphlets, maps, brochures, and other material on river and harbor, flood control, and other civil works activities, including related public park and recreation facilities, under his jurisdiction, as he may deem to be of value to the general public. -SOURCE- (Pub. L. 85-480, Sec. 1, July 2, 1958, 72 Stat. 279.) -End- -CITE- 33 USC Sec. 557b 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 557b. Sale of publications, charts, or other material; deposit of proceeds -STATUTE- The Chief of Engineers is authorized to provide for the sale of any of the material prepared under authority of section 557a of this title; and of publications, charts, or material prepared under his direction pursuant to other legislative authorization or appropriation, and to charge therefor a sum not less than the cost of reproduction. The money received from sales authorized by this section shall be deposited into the Treasury to the credit of miscellaneous receipts, except that in any case in which the cost of reproduction has been paid from the revolving fund established pursuant to the Civil Functions Appropriation Act, 1954, the proceeds shall be deposited to the credit of such fund. -SOURCE- (Pub. L. 85-480, Sec. 2, July 2, 1958, 72 Stat. 279.) -REFTEXT- REFERENCES IN TEXT The Civil Functions Appropriation Act, 1954, referred to in text, is act July 27, 1953, ch. 245, 67 Stat. 197. Provisions of the Act establishing the revolving fund are classified to sections 576 and 701b-10 of this title. -End- -CITE- 33 USC Sec. 558 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 558. Proceeds from sale or transfer of property acquired -STATUTE- When any property which has been heretofore or may be hereafter purchased or acquired for the improvement of rivers and harbors is no longer needed, or is no longer serviceable and is transferred or sold, the proceeds thereof may be credited to the appropriation for the work for which it was acquired. -SOURCE- (June 13, 1902, ch. 1079, Sec. 5, 32 Stat. 373; Feb. 20, 1931, ch. 235, 46 Stat. 1191; Oct. 31, 1951, ch. 654, Sec. 4(4), 65 Stat. 709.) -COD- CODIFICATION Section originally began with the words "when any land or other" preceding "property". The words, "land or other", were deleted on the basis of act February 20, 1931, which provided, "that hereafter no real estate of the War Department shall be sold or disposed of without authority of Congress, and all existing Acts or parts thereof in conflict with this proviso, other than special Acts for the sale of stated tracts of land, are hereby repealed." Section is from the first part of section 5 of act June 13, 1902, which was a provision of the Rivers and Harbors Appropriation Act for 1902. The last part of such section 5 is set out as section 631 of this title. -MISC1- AMENDMENTS 1951 - Act Oct. 31, 1951, struck out provisions authorizing the Secretary of the Army to sell the unserviceable property referred to, and authorizing him to direct the transfer of any property employed in river and harbor works; struck out the provision that the property so transferred should be valued and credited to the project upon which it was theretofore used and charged to the project to which it was transferred; and inserted "and is transferred or sold, the proceeds thereof may be credited to the appropriation for the work for which it was acquired". -End- -CITE- 33 USC Sec. 558a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 558a. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(56), 65 Stat. 703 -MISC1- Section, act Aug. 30, 1935, ch. 831, Sec. 7, 49 Stat. 1048, related to sale of property no longer needed for improvement of canals, rivers and harbors. -End- -CITE- 33 USC Sec. 558b 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 558b. Exchange of land or property -STATUTE- In any case in which it may be necessary or advisable in the execution of an authorized work of river and harbor improvement to exchange land or other property of the Government for private lands or property required for such project, the Secretary of the Army may, upon the recommendation of the Chief of Engineers, authorize such exchange upon terms and conditions deemed appropriate by him, and any conveyance of Government land or interests therein necessary to effect such exchange may be executed by the Secretary of the Army: Provided further, That the authority granted to the Secretary of the Army shall not extend to or include lands held or acquired by the Tennessee Valley Authority pursuant to the terms of the Tennessee Valley Authority Act [16 U.S.C. 831 et seq.]. This section shall apply to any exchanges heretofore deemed advisable in connection with the construction of the Bonneville Dam in the Columbia River. -SOURCE- (June 20, 1938, ch. 535, Sec. 2, 52 Stat. 804; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -REFTEXT- REFERENCES IN TEXT The Tennessee Valley Authority Act, referred to in text, is act May 18, 1933, ch. 32, 48 Stat. 58, as amended, known as the Tennessee Valley Authority Act of 1933, which is classified generally to chapter 12A (Sec. 831 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 831 of Title 16 and Tables. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -End- -CITE- 33 USC Sec. 558b-1 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 558b-1. Application to authorized works of flood control -STATUTE- Section 558b of this title is made applicable to authorized works of flood control. -SOURCE- (Aug. 11, 1939, ch. 699, Sec. 3, 53 Stat. 1414.) -End- -CITE- 33 USC Sec. 558c 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 558c. Rights-of-way over United States land -STATUTE- The Secretary of the Army is authorized and empowered, under such terms and conditions as are deemed advisable by him, to grant easements for rights-of-way for public roads and streets on and across lands acquired by the United States for river and harbor and flood control improvements including, whenever necessary, the privilege of occupying so much of said lands as may be necessary for the piers, abutments, and other portions of a bridge structure: Provided, That such rights-of-way shall be granted only upon a finding by the Secretary of the Army that the same will be in the public interest and will not substantially injure the interest of the United States in the property affected thereby: Provided further, That all or any part of such rights-of-way may be annulled and forfeited by the Secretary of the Army for failure to comply with the terms or conditions of any grant hereunder or for nonuse or for abandonment of rights granted under the authority hereof: Provided further, That the authority granted to the Secretary of the Army shall not extend to or include lands held or acquired by the Tennessee Valley Authority pursuant to the terms of the Tennessee Valley Authority Act [16 U.S.C. 831 et seq.]. -SOURCE- (June 20, 1938, ch. 535, Sec. 10, 52 Stat. 808; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -REFTEXT- REFERENCES IN TEXT The Tennessee Valley Authority Act, referred to in text, is act May 18, 1933, ch. 32, 48 Stat. 58, as amended, known as the Tennessee Valley Authority Act of 1933, which is classified generally to chapter 12A (Sec. 831 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 831 of Title 16 and Tables. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -End- -CITE- 33 USC Sec. 559 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 559. Disposition of rentals for Government plants -STATUTE- Amounts paid after August 8, 1917, by private parties or other agencies for rental of plant owned by the Government in connection with the prosecution of river and harbor works shall be deposited in each case to the credit of the appropriation to which the plant belongs. -SOURCE- (Aug. 8, 1917, ch. 49, Sec. 13, 40 Stat. 268.) -COD- CODIFICATION Section is from act Aug. 8, 1917, popularly known as the "Rivers and Harbors Appropriation Act of 1917". -End- -CITE- 33 USC Sec. 560 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 560. Contributions from private parties; return of excess -STATUTE- The Secretary of the Army is authorized to receive from private parties such funds as may be contributed by them to be expended in connection with funds appropriated by the United States for any authorized work of public improvement of rivers and harbors whenever such work and expenditure may be considered by the Chief of Engineers as advantageous to the interests of navigation: Provided, That when contributions heretofore or hereafter made by local interests for river and harbor improvements, in accordance with specific requirements or under general authority of Congress, are in excess of the actual cost of the work contemplated and properly chargeable to such contributions, such excess contributions may, with the approval of the Secretary of the Army, be returned to the proper representatives of the contributing interests, unless the provision of law under which the contribution is made requires that the entire contribution be retained by the United States. -SOURCE- (Mar. 4, 1915, ch. 142, Sec. 4, 38 Stat. 1053; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act Mar. 4, 1915, popularly known as the "Rivers and Harbors Appropriation Act of 1915". -MISC1- PRIOR PROVISIONS Section superseded act Mar. 4, 1913, ch. 144, Sec. 8, 37 Stat. 827, which read as follows: "The Secretary of War is hereby authorized to receive from private parties such funds as may be contributed by them to be expended in connection with funds appropriated by the United States for any authorized work of public improvement of rivers and harbors, whenever such work and expenditure may be considered by the Chief of Engineers as advantageous to the interests of navigation." -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -End- -CITE- 33 USC Sec. 561 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 561. Advances by private parties; repayment -STATUTE- Whenever local interests shall offer to advance funds for the prosecution of a work of river and harbor improvement duly adopted and authorized by law the Secretary of the Army may, in his discretion, receive such funds and expend the same in the immediate prosecution of such work. The Secretary of the Army is authorized and directed to repay without interest, from appropriations which may be provided by Congress for river and harbor improvements, the moneys so contributed and expended: Provided, That no repayment of funds which may be contributed for the purpose of meeting any conditions of local cooperation imposed by Congress, nor under the authority of section 560 of this title shall be made. -SOURCE- (Mar. 3, 1925, ch. 467, Sec. 11, 43 Stat. 1197; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -End- -CITE- 33 USC Sec. 561a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 561a. Contributions from local interests; reduction to meet lowered cost -STATUTE- When the authorization of a project of river and harbor improvement requires that local interests shall contribute a specific sum of money toward its cost, the Secretary of the Army, upon the recommendation of the Chief of Engineers, may reduce the sum to be contributed to an amount which shall be in the same ratio to the amount of the required contribution as the actual cost of the work to which said contribution is applicable bears to its original estimated cost as set forth in the project document. -SOURCE- (Mar. 3, 1933, ch. 216, 47 Stat. 1545; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION A prior provision that the reduction authorized by this section was not to apply to contributions made prior to Mar. 3, 1933, was omitted as obsolete. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -End- -CITE- 33 USC Sec. 562 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 562. Channel depths and dimensions defined -STATUTE- In the preparation of projects under this and subsequent river and harbor acts and after the project becomes operational, unless otherwise expressed, the channel depths referred to shall be understood to signify the depth at mean lower low water, as defined by the Department of Commerce for nautical charts and tidal predictions, in tidal waters tributary to the Atlantic and Gulf coasts and at mean lower low water, as defined by the Department of Commerce for nautical charts and tidal predictions, in tidal waters tributary to the Pacific coast and the mean depth for a continuous period of fifteen days of the lowest water, as defined by the Department of Commerce for nautical charts and tidal predictions, in the navigation season of any year in rivers and nontidal channels, and and (!1) after the project becomes operational the channel dimensions specified shall be understood to admit of such increase at the entrances, bends, sidings, and turning places as may be necessary to allow of the free movement of boats. -SOURCE- (Mar. 4, 1915, ch. 142, Sec. 5, 38 Stat. 1053; Pub. L. 102-580, title II, Sec. 224, Oct. 31, 1992, 106 Stat. 4837.) -COD- CODIFICATION Section is from act Mar. 4, 1915, popularly known as the "Rivers and Harbors Appropriation Act of 1915". -MISC1- PRIOR PROVISIONS Section superseded act Mar. 4, 1913, ch. 144, Sec. 9, 37 Stat. 827, which read as follows: "In the preparation of projects under this and subsequent river and harbor acts, unless otherwise expressed, the channel depths referred to shall be understood to signify the depth at mean lower low water in tidal waters, and the mean depth during the month of lowest water in the navigation season in rivers and nontidal channels, and the channel dimensions specified shall be understood to admit of such increase at the entrances, bends, sidings, and turning places as may be necessary to allow of the free movement of boats." AMENDMENTS 1992 - Pub. L. 102-580 inserted "and after the project becomes operational" after "harbor acts", "lower" after "depth at mean", ", as defined by the Department of Commerce for nautical charts and tidal predictions," after "water" wherever appearing, and "and after the project becomes operational" before "the channel dimensions". -FOOTNOTE- (!1) So in original. -End- -CITE- 33 USC Sec. 562a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 562a. Project depths for national defense purposes; waterways for general commerce -STATUTE- The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to maintain authorized river and harbor projects in excess of authorized project depths where such excess depths have been provided by the United States for defense purposes and whenever the Chief of Engineers determines that such waterways also serve essential needs of general commerce. -SOURCE- (Pub. L. 90-483, title I, Sec. 117, Aug. 13, 1968, 82 Stat. 737.) -End- -CITE- 33 USC Sec. 563 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 563. Omitted -COD- CODIFICATION Section, act Sept. 22, 1922, ch. 427, Sec. 6, 42 Stat. 1042, made unexpended funds, appropriated prior to Sept. 22, 1922, for river and harbor improvements, available for preservation and maintenance of existing river and harbor works and prosecution of desirable new projects. -End- -CITE- 33 USC Sec. 564 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 564. Repealed. July 3, 1943, ch. 189, Sec. 5, 57 Stat. 374 -MISC1- Section, acts June 25, 1910, ch. 382, Sec. 4, 36 Stat. 676; June 5, 1920, ch. 252, Sec. 9, 41 Stat. 1015, related to settlement of claims for injury to or loss of private property. -End- -CITE- 33 USC Sec. 565 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 565. River and harbor improvement by private or municipal enterprise -STATUTE- Any person or persons, corporations, municipal or private, who desire to improve any navigable river, or any part thereof, at their or its own expense and risk may do so upon the approval of the plans and specifications of said proposed improvement by the Secretary of the Army and Chief of Engineers of the Army. The plan of said improvement must conform with the general plan of the Government improvements, must not impede navigation, and no toll shall be imposed on account thereof, and said improvement shall at all times be under the control and supervision of the Secretary of the Army and Chief of Engineers. -SOURCE- (June 13, 1902, ch. 1079, Sec. 1, 32 Stat. 371; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act June 13, 1902, popularly known as the "Rivers and Harbors Appropriation Act for 1902". The provisions of this section followed an appropriation for emergencies. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -MISC1- CONSTRUCTION OF CANAL The consent of Congress was given to the construction of a ship canal along the Government right of way connecting the waters of Puget Sound with Lake Washington, said canal, when completed, to be turned over to the United States, by act June 11, 1906, ch. 3072, 34 Stat. 231. -End- -CITE- 33 USC Sec. 566 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 566. Improvement by or under authority of State of New Jersey -STATUTE- Authority is given to the State of New Jersey, or, through it, to any commission, individual, corporation, or municipality, singly or collectively, designated by the legislature of said State, or by a commission appointed or authorized by said legislature, to improve the channels on the New Jersey seacoast, or any portion of said coast, or the waters adjacent thereto, lying between thirty-eight degrees fifty-six minutes and forty degrees twenty minutes north latitude, by dredging, or by the construction of piers, jetties, or breakwaters, or other river and harbor work of any description or nature adapted to attain the ends now pursued by the United States Government for the advantage of said coast or the relief of commerce: Provided, That such operations shall not encroach upon those portions of said coast, or the channels adjacent thereto, for which the United States Government may undertake similar work according to its own plans: And provided, That the plans for said work shall be placed on file with the Chief of Engineers of the Department of the Army for thirty days, during which time he is authorized to disapprove said plans and forbid such work if, in his judgment, the improvements when completed will interfere with navigation or with any works of the United States Government commenced or proposed to be made: Provided further, That no tolls or other charges upon commerce shall be imposed by those making such improvements: And provided further, That this section shall not be construed as affecting in any way the jurisdiction and control of the Federal Government over any waters that may be improved in pursuance of the provisions thereof, nor as exempting such waters from the operation of the laws heretofore or hereafter enacted by Congress for the preservation and protection of navigable waters. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (June 30, 1906, ch. 3923, Secs. 1, 2, 34 Stat. 800; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -End- -CITE- 33 USC Sec. 567 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 567. Navigation and flood control improvements by Minnesota, North Dakota, and South Dakota -STATUTE- Congress consents that the States of Minnesota, North Dakota, and South Dakota, or any two of them, may enter into any agreement or agreements with each other to aid in improving navigation and to prevent and control floods on boundary waters of said States and the waters tributary thereto. And said States, or any two of them, may agree with each other upon any project or projects for the purpose of making such improvements, and upon the amount of money to be contributed by each to carry out such projects. The Secretary of the Army is authorized and directed to make a survey of any project proposed, as aforesaid, by said States, or any two of them, to determine the feasibility and practicability thereof and the expenses of carrying the same into effect and what share of such expenses should be borne by the respective States, local interests, or by the National Government. If the Secretary of the Army approves any such projects, he may authorize the States to make such improvements at their own expense, but under his supervision. -SOURCE- (Aug. 8, 1917, ch. 49, Sec. 5, 40 Stat. 266; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from a part of section 5 of act Aug. 8, 1917, which act was popularly known as the "Rivers and Harbors Appropriation Act for 1917". The omitted part of such section read as follows: "That the sum of $25,000, or so much thereof as may be necessary, is hereby appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, for the purpose of enabling the Secretary of War to make the surveys and estimates herein contemplated." -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -End- -CITE- 33 USC Sec. 567a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 567a. Flood and pollution control compacts between certain States -STATUTE- The consent of the Congress of the United States is given to the States of Maine, New York, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, Pennsylvania, West Virginia, Kentucky, Indiana, Illinois, Tennessee, and Ohio, or any two or more of them, to negotiate and enter into agreements or compacts for conserving and regulating the flow, lessening flood damage, removing sources of pollution of the waters thereof, or making other public improvements on any rivers or streams whose drainage basins lie within any two or more of the said States. No such compact or agreement shall be binding or obligatory upon any State a party thereto unless and until it has been approved by the legislatures of each of the States whose assent is contemplated by the terms of the compact or agreement and by the Congress. -SOURCE- (June 8, 1936, ch. 542, Secs. 1, 2, 49 Stat. 1490.) -MISC1- APPROVAL OF COMPACT BY CONGRESS Act July 11, 1940, ch. 581, 54 Stat. 752, provided in part that: "The consent and approval of Congress is hereby given to an interstate compact relating to the control and reduction of the pollution of the streams of the Ohio River drainage basin negotiated and entered into or to be entered into under authority of Public Resolution Numbered 104, Seventy-fourth Congress, approved June 8, 1936, [this section] and now ratified by the States of New York, Illinois, Kentucky, and Indiana, and by the State of Ohio (whose ratification is to go into effect at the time at which the States of New York, Pennsylvania, and West Virginia enter into said compact as parties and signatory States), also by the State of West Virginia (whose ratification is to go into effect at the time at which the States of New York, Ohio, Virginia, and Pennsylvania enter into said compact as parties and signatory States) * * *." "Sec. 2. Without further submission of said compact, the consent of Congress is hereby given to the State of Virginia or any other State with waters in the Ohio River drainage basin, entering into said compact as a signatory State and party in addition to the States therein named or any of them. "Sec. 3. The commissioners to represent the United States, as provided in article IV of said compact, shall be appointed by the President. "Sec. 4. Nothing contained in this Act or in the compact herein approved shall be construed as impairing or affecting the sovereignty of the United States or any of its rights or jurisdiction in and over the area or waters which are the subject of such compact. "Sec. 5. The right to alter, amend, or repeal the provisions of section 1 is hereby expressly reserved." -End- -CITE- 33 USC Sec. 567b 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 567b. Pollution of Potomac drainage basin; control by State compacts -STATUTE- The consent of Congress is given to the States of Maryland and West Virginia and the Commonwealths of Virginia and Pennsylvania and the District of Columbia to enter into the compact to create a Potomac Valley Conservancy District and to establish an Interstate Commission on the Potomac River Basin: Provided, That nothing contained in such compact shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of this compact. -SOURCE- (July 11, 1940, ch. 579, 54 Stat. 748.) -End- -CITE- 33 USC Sec. 567b-1 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 567b-1. Amended compact -STATUTE- The consent of Congress is hereby given to the States of Maryland and West Virginia and the Commonwealths of Virginia and Pennsylvania and the District of Columbia to adopt the aforementioned amendments and enter into the amended compact hereinbefore recited and every part and article thereof: Provided, That nothing contained in such amended compact shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of this compact: And provided further, That the consent herein given does not extend to section (F)(2) of article II of the amended compact. -SOURCE- (Pub. L. 91-407, Sec. 1, Sept. 25, 1970, 84 Stat. 860.) -REFTEXT- REFERENCES IN TEXT The amended compact, referred to in text, is set out in 84 Stat. 856 to 860. -End- -CITE- 33 USC Sec. 568 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 568. Limitation on power of committee of Congress to consider projects -STATUTE- No project shall be considered by any committee of Congress with a view to its adoption, except with a view to a survey, if five years have elapsed since a report upon a survey of such project has been submitted to Congress pursuant to law. -SOURCE- (Sept. 22, 1922, ch. 427, Sec. 9, 42 Stat. 1043.) -COD- CODIFICATION Section is from act Sept. 22, 1922, popularly known as the "Rivers and Harbors Appropriation Act of 1918". -End- -CITE- 33 USC Sec. 569 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 569. Personal equipment for employees; use of funds for purpose -STATUTE- Funds heretofore or hereafter appropriated for rivers and harbors to be expended under the supervision of the Secretary of the Army shall be available for expenditure in the purchase of such personal equipment for employees as in the opinion of the Chief of Engineers are essential for the efficient prosecution of the works. -SOURCE- (Jan. 21, 1927, ch. 47, Sec. 5(b), 44 Stat. 1021; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously 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. -End- -CITE- 33 USC Sec. 569a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 569a. Temporary employment of experts or consultants; compensation -STATUTE- The Chief of Engineers is authorized to procure the temporary or intermittent services of experts or consultants or organizations thereof in connection with civil functions of the Corps of Engineers without regard to chapter 51 and subchapter III of chapter 53 of title 5: Provided, That individuals so engaged may be paid at rates not to exceed the daily equivalent of the rate for GS- 18 for each day of their services. -SOURCE- (July 3, 1930, ch. 847, Sec. 6, 46 Stat. 948; May 17, 1950, ch. 188, title I, Sec. 105, 64 Stat. 168; Pub. L. 91-611, title I, Sec. 104, Dec. 31, 1970, 84 Stat. 1819.) -COD- CODIFICATION "Chapter 51 and subchapter III of chapter 53 of title 5" substituted in text for "the Classification Act as amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 1970 - Pub. L. 91-611 substituted provision that compensation "may be paid at rates not to exceed the daily equivalent of the rate for GS-18 for each day of their services" for "shall not be paid in excess of $100 per day for their services". 1950 - Act May 17, 1950, amended section generally, providing for employment of experts and consultants and omitting provisions relating to stenographic assistance. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -End- -CITE- 33 USC Sec. 569b 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 569b. Contracts; architect and engineering services; surveying and mapping services -STATUTE- Contracts for architect and engineering services, and surveying and mapping services, shall be awarded by the Chief of Engineers in accordance with title IX of the Federal Property and Administrative Services Act of 1949.(!1) -SOURCE- (Pub. L. 98-63, title I, Sec. 101, July 30, 1983, 97 Stat. 311.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title IX of the Act which was classified generally to subchapter VI (Sec. 541 et seq.) of chapter 10 of former Title 40, Public Buildings, Property, and Works, was repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapter 11 (Sec. 1101 et seq.) of Title 40, Public Buildings, Property, and Works. For disposition of sections of former Title 40 to revised Title 40, see Table preceding section 101 of Title 40. For complete classification of this Act to the Code, see Tables. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 33 USC Sec. 569c 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 569c. Services of volunteers -STATUTE- The United States Army Chief of Engineers may accept the services of volunteers and provide for their incidental expenses to carry out any activity of the Army Corps of Engineers except policy- making or law or regulatory enforcement. Such volunteers shall not be employees of the United States Government except for the purposes of (1) chapter 171 of title 28, relating to tort claims, and (2) chapter 81 of title 5, relating to compensation for work injuries. -SOURCE- (Pub. L. 98-63, title I, Sec. 101, July 30, 1983, 97 Stat. 312.) -End- -CITE- 33 USC Sec. 569d 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 569d. Safety award and promotional materials -STATUTE- (a) Promotion of safety program (1) Procurement of promotional materials The Secretary is authorized to procure materials that, in the judgment of the Secretary, are necessary to promote the Corps of Engineers safety program. (2) Distribution of materials to employees The items purchased pursuant to this subsection shall be distributed to employees of the Corps of Engineers to advance the goals of the safety program. (b) Employee recognition The Secretary is authorized to incur necessary expenses for the honorary recognition of the outstanding safety performance of employees of the Corps of Engineers. Such recognition may be in the form of certificates, plaques, cash, or other forms of awards. (c) Authorization of appropriations There is authorized to be appropriated $350,000 for each fiscal year beginning after September 30, 1992, for carrying out the purposes of this section. -SOURCE- (Pub. L. 102-580, title II, Sec. 210, Oct. 31, 1992, 106 Stat. 4830.) -CROSS- "SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 3 of Pub. L. 102-580, set out as a note under section 2201 of this title. -End- -CITE- 33 USC Sec. 569e 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 569e. Use of private sector resources in surveying and mapping -STATUTE- To the maximum extent practicable, the Secretary shall make use of private sector resources in carrying out surveying and mapping activities in the Civil Works Program of the Corps of Engineers. -SOURCE- (Pub. L. 102-580, title II, Sec. 212, Oct. 31, 1992, 106 Stat. 4831.) -CROSS- "SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 3 of Pub. L. 102-580, set out as a note under section 2201 of this title. -End- -CITE- 33 USC Sec. 569f 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 569f. Debarment of persons convicted of fraudulent use of "Made in America" labels -STATUTE- If the Secretary determines that a person has been convicted of intentionally affixing a label bearing a "Made in America" inscription to any product sold in or shipped to the United States which is not made in the United States and which is used in a civil works project of the Secretary, the Secretary shall debar the person from contracting with the Federal Government for a period of not less than 3 years and not more than 5 years. For purposes of this section, the term "debar" has the meaning that term has under section 2393(c) of title 10. -SOURCE- (Pub. L. 102-580, title II, Sec. 226, Oct. 31, 1992, 106 Stat. 4838.) -CROSS- "SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 3 of Pub. L. 102-580, set out as a note under section 2201 of this title. -End- -CITE- 33 USC Sec. 570 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 570. Default in contract; disposition of amounts collected -STATUTE- Any amounts collected from defaulting contractors or their sureties under contracts entered into in connection with river and harbor or flood-control work prosecuted by the Engineer Department, whether collected in cash or by deduction from amounts otherwise due such contractors, hereafter shall be credited in each case to the appropriation under which the contract was made. -SOURCE- (Aug. 30, 1935, ch. 831, Sec. 8, 49 Stat. 1048.) -End- -CITE- 33 USC Sec. 571 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 571. Crediting reimbursements for lost, stolen, or damaged property -STATUTE- Any amounts collected from any person, persons, or corporations as a reimbursement for lost, stolen, or damaged property, purchased in connection with river and harbor or flood-control work prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers, whether collected in cash or by deduction from amounts otherwise due such person, persons, or corporations, hereafter shall be credited in each case to the appropriation that bore the cost of purchase, repair, or replacement of the lost, stolen, or damaged property. -SOURCE- (June 20, 1938, ch. 535, Sec. 4, 52 Stat. 805; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is also set out as section 701k of this title. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -End- -CITE- 33 USC Sec. 572 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 572. Collection and removal of drift in Baltimore Harbor -STATUTE- On and after July 30, 1948, direct allotments from appropriations for the maintenance and improvement of existing river and harbor works, or from other available appropriations, may be made by the Secretary of the Army for the collection and removal of drift in Baltimore Harbor and its tributary waters, and this work shall be carried out as a separate and distinct project. -SOURCE- (June 30, 1948, ch. 771, title I, Sec. 102, 62 Stat. 1173.) -End- -CITE- 33 USC Sec. 573 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 573. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 656 -MISC1- Section, act May 17, 1950, ch. 188, title I, Sec. 111, 64 Stat. 170, provided that section 607 of the Federal Employees Pay Act of 1945, as amended [former 5 U.S.C. 947], should not be construed to prevent employment of additional personnel. -End- -CITE- 33 USC Sec. 574 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 574. Omitted -COD- CODIFICATION Section, act Sept. 6, 1950, ch. 896, ch. IX, Sec. 101, 64 Stat. 726, which related to availability of appropriation for payments to school districts, was from the Civil Functions Appropriation Act, 1951, and was not repeated in subsequent appropriation acts. -End- -CITE- 33 USC Sec. 575 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 575. Availability of appropriations for expenses incident to operation of power boats or vessels; expenses defined; certification of expenditures -STATUTE- On and after July 31, 1947, no appropriation under the Corps of Engineers shall be available for any expenses incident to operating any power-driven boat or vessel on other than Government business, and that Government business shall be construed to include transportation, lodging, and subsistence on inspection trips of Federal and State officials, having a public interest in authorized or proposed improvements for river and harbor and flood control, and any expenses incurred therefor shall be chargeable to river and harbor and flood control appropriations heretofore or hereafter made under rules and regulations to be prescribed by the Chief of Engineers: Provided, That such expenditures shall be certified by the Division Engineer as necessary and proper expenditures. -SOURCE- (July 31, 1947, ch. 411, Sec. 1, 61 Stat. 688.) -COD- CODIFICATION Section is also set out as section 701b-9 of this title. Section was formerly classified to sections 190a and 199 of Title 10 prior to the general revision and enactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 1. -End- -CITE- 33 USC Sec. 576 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY SUBCHAPTER I - GENERAL PROVISIONS -HEAD- Sec. 576. Revolving fund; establishment; availability; reimbursement; transfer of funds; limitation -STATUTE- There is established a revolving fund, to be available without fiscal year limitation, for expenses necessary for the maintenance