-CITE-
    33 USC CHAPTER 13 - MISSISSIPPI RIVER COMMISSION            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
                 CHAPTER 13 - MISSISSIPPI RIVER COMMISSION             

-MISC1-
    Sec.                                                     
    641.        Creation of Mississippi River Commission.             
    642.        Appointment of commissioners; vacancies; chairman;
                 tenure of office.                                    
    642a.       Rank, pay, and allowances of Corps of Engineers
                 officers serving as President of Mississippi River
                 Commission.                                          
    643.        Omitted.                                              
    644.        Secretary of commission.                              
    645.        Repealed.                                             
    646.        Headquarters and meetings of commission.              
    647.        Mississippi River survey.                             
    648.        Arkansas River; levee and bank protection.            
    649.        Vicksburg Harbor and Ohio River below Cache River.    
    650.        Mississippi River below Rock Island; levee and bank
                 protection.                                          
    651.        Tributaries of Mississippi River below Cairo; levee
                 and bank protection.                                 
    652.        Upper Mississippi River Management.                   
    653.        Extension of jurisdiction of Mississippi River
                 Commission.                                          
    653a.       Extension of jurisdiction of Mississippi River
                 Commission.                                          

-End-



-CITE-
    33 USC Sec. 641                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 641. Creation of Mississippi River Commission

-STATUTE-
      A commission is created to be called "The Mississippi River
    Commission", to consist of seven members.

-SOURCE-
    (June 28, 1879, ch. 43, Sec. 1, 21 Stat. 37.)

-COD-
                               CODIFICATION                           
      This was the first section of an act entitled "An act to provide
    for the appointment of a 'Mississippi River Commission' for the
    improvement of said river from the Head of the Passes near its
    mouth to its head-waters".


-MISC1-
                  APPROPRIATION FOR SALARIES AND EXPENSES              
      Section 7 of act June 28, 1879, omitted as temporary and
    executed, provided for the expenditure of an appropriation of
    $175,000 for salaries of the commission and necessary expenses of
    surveys, examinations, etc.

                         MISSOURI RIVER COMMISSION                     
      The Missouri River Commission was created by act July 5, 1884,
    ch. 229, Sec. 1, 23 Stat. 144, and repealed by act July 13, 1902,
    ch. 1079, Sec. 1, 32 Stat. 367.

-End-



-CITE-
    33 USC Sec. 642                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 642. Appointment of commissioners; vacancies; chairman; tenure
      of office

-STATUTE-
      The President of the United States shall, by and with the advice
    and consent of the Senate, appoint seven commissioners, three of
    whom shall be selected from the Engineer Corps of the Army, one
    from the National Ocean Survey, and three from civil life, two of
    whom shall be civil engineers. And any vacancy which may occur in
    the commission shall in like manner be filled by the President of
    the United States; and he shall designate one of the commissioners
    appointed from the Engineer Corps of the Army to be president of
    the commission. The commissioners appointed under sections 641 to
    644, 646, and 647 of this title, except those appointed from civil
    life, shall remain in office subject to removal by the President of
    the United States. Each commissioner appointed from civil life
    after November 7, 1966, shall be appointed for a term of nine
    years.

-SOURCE-
    (June 28, 1879, ch. 43, Sec. 2, 21 Stat. 37; Pub. L. 89-789, title
    II, Sec. 208, Nov. 7, 1966, 80 Stat. 1423.)


-MISC1-
                                AMENDMENTS                            
      1966 - Pub. L. 89-789 inserted ", except those appointed from
    civil life," and provided a nine year term for each commissioner
    appointed from civil life after Nov. 7, 1966.

-CHANGE-
                              CHANGE OF NAME                          
      Coast and Geodetic Survey consolidated with National Weather
    Bureau in 1965 to form Environmental Science Services
    Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30
    F.R. 8819, 79 Stat. 1318. Environmental Science Services
    Administration abolished in 1970 and its personnel, property,
    records, etc., transferred to National Oceanic and Atmospheric
    Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
    F.R. 15627, 84 Stat. 2090. By order of Acting Associate
    Administrator of National Oceanic Atmospheric Administration, 35
    F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated
    National Ocean Survey. See notes set out under section 311 of Title
    15, Commerce and Trade.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions of all officers of Department of Commerce and functions
    of all officers and employees of such Department transferred, with
    a few exceptions, to Secretary of Commerce, with power vested in
    him to authorize their performance or performance of any of his
    functions by any of such officers, agencies and employees, by
    Reorg. Plan No. 5 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R.
    3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    33 USC Sec. 642a                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 642a. Rank, pay, and allowances of Corps of Engineers officers
      serving as President of Mississippi River Commission

-STATUTE-
      Any officer of the Corps of Engineers who has served or shall
    serve four years as President of the Mississippi River Commission
    and who has been or shall subsequently be retired, shall, from the
    date of such retirement, receive the rank, pay, and allowances of a
    retired major general.

-SOURCE-
    (June 15, 1936, ch. 548 (pt.), as added Aug. 18, 1941, ch. 377,
    Sec. 3, 55 Stat. 644.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1026b of title 10
    prior to the general revision and enactment of Title 10, Armed
    Forces, by act Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 1.

-End-



-CITE-
    33 USC Sec. 643                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 643. Omitted

-COD-
                               CODIFICATION                           
      Section, acts June 28, 1879, ch. 43, Sec. 2, 21 Stat. 37; June
    25, 1910, ch. 382, Sec. 1, 36 Stat. 658; Mar. 1, 1917, ch. 144,
    Sec. 4, 39 Stat. 951, related to compensation of commissioners. See
    section 702h of this title.

-End-



-CITE-
    33 USC Sec. 644                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 644. Secretary of commission

-STATUTE-
      The Secretary of the Army may detail from the Engineer Corps of
    the Army of the United States an officer to act as secretary of
    said commission.

-SOURCE-
    (June 28, 1879, ch. 43, Sec. 6, 21 Stat. 38; 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. 645                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 645. Repealed.

-MISC1-
    Sec. 645. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 642.
      Section, act July 25, 1912, ch. 253, Sec. 1, 37 Stat. 218,
    related to traveling expenses of civilian members of commission and
    of Assistant Engineer of Board of Engineers for Rivers and Harbors.

-End-



-CITE-
    33 USC Sec. 646                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 646. Headquarters and meetings of commission

-STATUTE-
      The headquarters and general offices of said commission shall be
    located at some city or town on the Mississippi River, to be
    designated by the Secretary of the Army, and the meetings of the
    commission except such as are held on Government boats during the
    time of the semiannual inspection trips of the commission shall be
    held at said headquarters and general offices, the times of said
    meetings to be fixed by the president of the commission, who shall
    cause due notice of such meetings to be given members of the
    commission and the public.

-SOURCE-
    (June 28, 1879, ch. 43, Sec. 8, as added Feb. 18, 1901, ch. 377, 31
    Stat. 793; 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. 647                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 647. Mississippi River survey

-STATUTE-
      Detail of assistants; vessels; instruments - It shall be the duty
    of the Mississippi River Commission to direct and complete such
    surveys of the Mississippi River, between the Head of the Passes
    near its mouth to its headwaters as may have been in progress June
    28, 1879, and to make such additional surveys, examinations, and
    investigations, topographical, hydrographical, and hydrometrical,
    of said river and its tributaries, as may be deemed necessary by
    said commission to carry out the objects of sections 641 to 644,
    646, and 647 of this title. And to enable said commission to
    complete such surveys, examinations, and investigations, the
    Secretary of the Army shall, when requested by said commission,
    detail from the Engineer Corps of the Army such officers and men as
    may be necessary, and shall place in the charge and for the use of
    said commission such vessel or vessels and such machinery and
    instruments as may be under his control and may be deemed
    necessary. And the Secretary of Commerce shall, when requested by
    said commission in like manner detail from the National Ocean
    Survey such officers and men as may be necessary, and shall place
    in the charge and for the use of said commission such vessel or
    vessels and such machinery and instruments as may be under his
    control and may be deemed necessary. And the said commission may,
    with the approval of the Secretary of the Army, employ such
    additional force and assistants, and provide, by purchase or
    otherwise, such vessels or boats and such instruments and means as
    may be deemed necessary.
      Plans; report - It shall be the duty of said commission to take
    into consideration and mature such plan or plans and estimates as
    will correct, permanently locate, and deepen the channel and
    protect the banks of the Mississippi River; improve and give safety
    and ease to the navigation thereof; prevent destructive floods;
    promote and facilitate commerce, trade, and the postal service; and
    when so prepared and matured, to submit to the Secretary of the
    Army a full and detailed report of their proceedings and actions,
    and of such plans, with estimates of the cost thereof, for the
    purposes aforesaid, to be by him transmitted to Congress: Provided,
    That the commission shall report in full upon the practicability,
    feasibility, and probable cost of the various plans known as the
    jetty system, the levee system, and the outlet system, as well as
    upon such others as they deem necessary.
      Plans for immediate works - The said commission may, prior to the
    completion of all the surveys and examinations contemplated by
    sections 641 to 644, 646, and 647 of this title, prepare and submit
    to the Secretary of the Army, plans, specifications, and estimates
    of costs for such immediate works as, in the judgment of said
    commission, may constitute a part of the general system of works
    herein contemplated, to be by him transmitted to Congress.

-SOURCE-
    (June 28, 1879, ch. 43, Secs. 3-5, 21 Stat. 37, 38; Feb. 14, 1903,
    ch. 552, Sec. 4, 32 Stat. 826; July 26, 1947, ch. 343, title II,
    Sec. 205(a), 61 Stat. 501.)

-CHANGE-
                              CHANGE OF NAME                          
      Coast and Geodetic Survey consolidated with National Weather
    Bureau in 1965 to form Environmental Science Services
    Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30
    F.R. 8819, 79 Stat. 1318. Environmental Science Services
    Administration abolished in 1970 and its personnel, property,
    records, etc., transferred to National Oceanic and Atmospheric
    Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
    F.R. 15627, 84 Stat. 2090. By order of Acting Associate
    Administrator of National Oceanic Atmospheric Administration, 35
    F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated
    National Ocean Survey. See notes set out under section 311 of Title
    15, Commerce and Trade.
      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                       
      "Secretary of Commerce" substituted for "Secretary of the
    Treasury" in the first par. pursuant to sections 4 and 10 of act
    Feb. 14, 1903, which are classified to sections 1511, 1513, 1515,
    and 1516 of Title 15, Commerce and Trade, and which transferred
    Coast and Geodetic Survey, and powers and duties pertaining
    thereto, from Department of the Treasury to Department of Commerce.
      Functions of all officers of Department of Commerce and functions
    of all officers and employees of such Department transferred, with
    a few exceptions, to Secretary of Commerce, with power vested in
    him to authorize their performance or performance of any of his
    functions by any of such officers, agencies, and employees, by
    Reorg. Plan No. 5 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R.
    3174, 64 Stat. 1263, set out in Appendix to Title 5, Government
    Organization and Employees.


-MISC1-
                                TRIBUTARIES                            
      Act Mar. 3, 1881, ch. 136, 21 Stat. 474, provided in part as
    follows: "It shall be the duty of said commission to take into
    consideration, and of the Secretary of War [now Secretary of the
    Army] to extend operations, under their supervision, to tributaries
    of the Mississippi River to the extent, and not further, that may
    be necessary in the judgment of said commission to the perfection
    of the general and permanent improvement of said Mississippi
    River."

-End-



-CITE-
    33 USC Sec. 648                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 648. Arkansas River; levee and bank protection

-STATUTE-
      The jurisdiction of the Mississippi River Commission is extended
    so as to include that part of the Arkansas River between its mouth
    and the intersection thereof with the division line between Lincoln
    and Jefferson Counties, and any funds which are appropriated by
    Congress for improving the Mississippi River between Head of Passes
    and the mouth of the Ohio River, and which may be allotted to
    levees and bank revetment, may be expended within the limits of
    said extended jurisdiction under the direction of the Secretary of
    the Army, in accordance with the plans, specifications, and
    recommendations of the Mississippi River Commission, as approved by
    the Chief of Engineers, and upon like terms and conditions for
    levees and bank revetment upon any part of the Mississippi River
    now under the jurisdiction of said commission, and in such manner
    as will best promote and accomplish the purposes for which
    commission was created, in so far as the territory hereby added to
    its said jurisdiction may be involved.

-SOURCE-
    (July 27, 1916, ch. 260, Sec. 1, 39 Stat. 402; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-
                               CODIFICATION                           
      Section is from part of section 1 of the Rivers and Harbors
    Appropriation Act of 1916.

-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. 649                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 649. Vicksburg Harbor and Ohio River below Cache River

-STATUTE-
      The harbor at Vicksburg, Mississippi, and the Ohio River from its
    mouth to the mouth of the Cache River, are transferred to and
    placed under the control and jurisdiction of the Mississippi River
    Commission: Provided, That no part of the improvement of the Ohio
    River, with a view to the construction of locks and dams, shall be
    considered as transferred to or placed under the control and
    jurisdiction of the Mississippi River Commission.

-SOURCE-
    (July 27, 1916, ch. 260, Sec. 1, 39 Stat. 402.)

-COD-
                               CODIFICATION                           
      Section is from part of section 1 of the Rivers and Harbors
    Appropriation Act of 1916.

-End-



-CITE-
    33 USC Sec. 650                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 650. Mississippi River below Rock Island; levee and bank
      protection

-STATUTE-
      Any funds which are appropriated by Congress for improving the
    Mississippi River between Head of Passes and the mouth of the Ohio
    River, and which may be allotted to levees, may be expended, under
    the direction of the Secretary of the Army, in accordance with the
    plans, specifications, and recommendations of the Mississippi River
    Commission, as approved by the Chief of Engineers, for levees upon
    any part of said river between Head of Passes and Rock Island,
    Illinois, in such manner as, in their opinion, shall best improve
    navigation and promote the interest of commerce at all stages of
    the river.

-SOURCE-
    (July 27, 1916, ch. 260, Sec. 1, 39 Stat. 402; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-
                               CODIFICATION                           
      Section is from part of section 1 of the Rivers and Harbors
    Appropriation Act of 1916.


-MISC1-
                             PRIOR PROVISIONS                         
      This provision superseded act June 4, 1906, ch. 2572, 34 Stat.
    208, which 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.

-End-



-CITE-
    33 USC Sec. 651                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 651. Tributaries of Mississippi River below Cairo; levee and
      bank protection

-STATUTE-
      The jurisdiction of the Mississippi River Commission is extended,
    for the purposes of levee protection and bank protection, to the
    tributaries and outlets of the Mississippi River between Cairo,
    Illinois, and the Head of the Passes, in so far as these
    tributaries and outlets are affected by the flood waters of the
    Mississippi River.

-SOURCE-
    (Sept. 22, 1922, ch. 427, Sec. 13, 42 Stat. 1047.)

-COD-
                               CODIFICATION                           
      Section is from the Rivers and Harbors Appropriation Act for the
    year 1922.

-End-



-CITE-
    33 USC Sec. 652                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 652. Upper Mississippi River Management

-STATUTE-
    (a) Short title; Congressional declaration of intent
      (1) This section may be cited as the "Upper Mississippi River
    Management Act of 1986".
      (2) To ensure the coordinated development and enhancement of the
    Upper Mississippi River system, it is hereby declared to be the
    intent of Congress to recognize that system as a nationally
    significant ecosystem and a nationally significant commercial
    navigation system. Congress further recognizes that the system
    provides a diversity of opportunities and experiences. The system
    shall be administered and regulated in recognition of its several
    purposes.
    (b) Definitions
      For purposes of this section - 
        (1) the terms "Upper Mississippi River system" and "system"
      mean those river reaches having commercial navigation channels on
      the Mississippi River main stem north of Cairo, Illinois; the
      Minnesota River, Minnesota; Black River, Wisconsin; Saint Croix
      River, Minnesota and Wisconsin; Illinois River and Waterway,
      Illinois; and Kaskaskia River, Illinois;
        (2) the term "Master Plan" means the comprehensive master plan
      for the management of the Upper Mississippi River system, dated
      January 1, 1982, prepared by the Upper Mississippi River Basin
      Commission and submitted to Congress pursuant to Public Law 95-
      502;
        (3) the term "GREAT I, GREAT II, and GRRM studies" means the
      studies entitled "GREAT Environmental Action Team - GREAT I - A
      Study of the Upper Mississippi River", dated September 1980,
      "GREAT River Environmental Action Team - GREAT II - A Study of
      the Upper Mississippi River", dated December 1980, and "GREAT
      River Resource Management Study", dated September 1982; and
        (4) the term "Upper Mississippi River Basin Association" means
      an association of the States of Illinois, Iowa, Minnesota,
      Missouri, and Wisconsin, formed for the purposes of cooperative
      effort and united assistance in the comprehensive planning for
      the use, protection, growth, and development of the Upper
      Mississippi River System.
    (c) Congressional approval of Master Plan
      (1) Congress hereby approves the Master Plan as a guide for
    future water policy on the Upper Mississippi River system. Such
    approval shall not constitute authorization of any recommendation
    contained in the Master Plan.
      (2) Omitted.
    (d) Cooperative effort and mutual assistance among States
      (1) The consent of the Congress is hereby given to the States of
    Illinois, Iowa, Minnesota, Missouri, and Wisconsin, or any two or
    more of such States, to enter into negotiations for agreements, not
    in conflict with any law of the United States, for cooperative
    effort and mutual assistance in the comprehensive planning for the
    use, protection, growth, and development of the Upper Mississippi
    River system, and to establish such agencies, joint or otherwise,
    or designate an existing multi-State entity, as they may deem
    desirable for making effective such agreements. To the extent
    required by Article I, section 10 of the Constitution, such
    agreements shall become final only after ratification by an Act of
    Congress.
      (2) The Secretary is authorized to enter into cooperative
    agreements with the Upper Mississippi River Basin Association or
    any other agency established under paragraph (1) of this subsection
    to promote and facilitate active State government participation in
    the river system management, development, and protection.
      (3) For the purpose of ensuring the coordinated planning and
    implementation of programs authorized in subsections (e) and (h)(2)
    of this section, the Secretary shall enter into an interagency
    agreement with the Secretary of the Interior to provide for the
    direct participation of, and transfer of funds to, the Fish and
    Wildlife Service and any other agency or bureau of the Department
    of the Interior for the planning, design, implementation, and
    evaluation of such programs.
      (4) The Upper Mississippi River Basin Association or any other
    agency established under paragraph (1) of this subsection is hereby
    designated by Congress as the caretaker of the master plan. Any
    changes to the master plan recommended by the Secretary shall be
    submitted to such association or agency for review. Such
    association or agency may make such comments with respect to such
    recommendations and offer other recommended changes to the master
    plan as such association or agency deems appropriate and shall
    transmit such comments and other recommended changes to the
    Secretary. The Secretary shall transmit such recommendations along
    with the comments and other recommended changes of such association
    or agency to the Congress for approval within 90 days of the
    receipt of such comments or recommended changes.
    (e) Program authority
      (1) Authority. - 
        (A) In general. - The Secretary, in consultation with the
      Secretary of the Interior and the States of Illinois, Iowa,
      Minnesota, Missouri, and Wisconsin, may undertake, as identified
      in the master plan - 
          (i) a program for the planning, construction, and evaluation
        of measures for fish and wildlife habitat rehabilitation and
        enhancement; and
          (ii) implementation of a long-term resource monitoring,
        computerized data inventory and analysis, and applied research
        program.

        (B) Advisory committee. - In carrying out subparagraph (A)(i),
      the Secretary shall establish an independent technical advisory
      committee to review projects, monitoring plans, and habitat and
      natural resource needs assessments.

      (2) Reports. - Not later than December 31, 2004, and not later
    than December 31 of every sixth year thereafter, the Secretary, in
    consultation with the Secretary of the Interior and the States of
    Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall submit to
    Congress a report that - 
        (A) contains an evaluation of the programs described in
      paragraph (1);
        (B) describes the accomplishments of each of the programs;
        (C) provides updates of a systemic habitat needs assessment;
      and
        (D) identifies any needed adjustments in the authorization of
      the programs.

      (3) For purposes of carrying out paragraph (1)(A)(i) of this
    subsection, there is authorized to be appropriated to the Secretary
    $22,750,000 for fiscal year 1999 and each fiscal year thereafter.
      (4) For purposes of carrying out paragraph (1)(A)(ii) of this
    subsection, there is authorized to be appropriated to the Secretary
    $10,420,000 for fiscal year 1999 and each fiscal year thereafter.
      (5) Authorization of appropriations. - There is authorized to be
    appropriated to carry out paragraph (1)(B) $350,000 for each of
    fiscal years 1999 through 2009.
      (6) Transfer of amounts. - For fiscal year 1999 and each fiscal
    year thereafter, the Secretary, in consultation with the Secretary
    of the Interior and the States of Illinois, Iowa, Minnesota,
    Missouri, and Wisconsin, may transfer not to exceed 20 percent of
    the amounts appropriated to carry out clause (i) or (ii) of
    paragraph (1)(A) to the amounts appropriated to carry out the other
    of those clauses.
      (7)(A) Notwithstanding the provisions of subsection (a)(2) of
    this section, the costs of each project carried out pursuant to
    paragraph (1)(A)(i) of this subsection shall be allocated between
    the Secretary and the appropriate non-Federal sponsor in accordance
    with the provisions of section 2283(e) of this title; except that
    the costs of operation and maintenance of projects located on
    Federal lands or lands owned or operated by a State or local
    government shall be borne by the Federal, State, or local agency
    that is responsible for management activities for fish and wildlife
    on such lands and, in the case of any project requiring non-Federal
    cost sharing, the non-Federal share of the cost of the project
    shall be 35 percent.
      (B) Notwithstanding the provisions of subsection (a)(2) of this
    section, the cost of implementing the activities authorized by
    paragraph (1)(A)(ii) of this subsection shall be allocated in
    accordance with the provisions of section 2283 of this title, as if
    such activity was required to mitigate losses to fish and wildlife.
      (8) None of the funds appropriated pursuant to any authorization
    contained in this subsection shall be considered to be chargeable
    to navigation.
    (f) Recreational projects authority
      (1) The Secretary, in consultation with any agency established
    under subsection (d)(1) of this section, is authorized to implement
    a program of recreational projects for the system substantially in
    accordance with the recommendations of the GREAT I, GREAT II, and
    GRRM studies and the master plan reports. In addition, the
    Secretary, in consultation with any such agency, shall, at Federal
    expense, conduct an assessment of the economic benefits generated
    by recreational activities in the system. The cost of each such
    project shall be allocated between the Secretary and the
    appropriate non-Federal sponsor in accordance with title I of this
    Act [33 U.S.C. 2211 et seq.].
      (2) For purposes of carrying out the program of recreational
    projects authorized in paragraph (1) of this subsection, there is
    authorized to be appropriated to the Secretary not to exceed
    $500,000 per fiscal year for each of the first 15 fiscal years
    beginning after November 17, 1986.
    (g) Increases in lock capacity
      The Secretary shall, in his budget request, identify those
    measures developed by the Secretary, in consultation with the
    Secretary of Transportation and any agency established under
    subsection (d)(1) of this section, to be undertaken to increase the
    capacity of specific locks throughout the system by employing
    nonstructural measures and making minor structural improvements.
    (h) Monitoring of traffic movements
      (1) The Secretary, in consultation with any agency established
    under subsection (d)(1) of this section, shall monitor traffic
    movements on the system for the purpose of verifying lock capacity,
    updating traffic projections, and refining the economic evaluation
    so as to verify the need for future capacity expansion of the
    system.
      (2) Determination. - 
        (A) In general. - The Secretary, in consultation with the
      Secretary of the Interior and the States of Illinois, Iowa,
      Minnesota, Missouri, and Wisconsin, shall determine the need for
      river rehabilitation and environmental enhancement and protection
      based on the condition of the environment, project developments,
      and projected environmental impacts from implementing any
      proposals resulting from recommendations made under subsection
      (g) of this section and paragraph (1) of this subsection.
        (B) Requirements. - The Secretary shall - 
          (i) complete the ongoing habitat needs assessment conducted
        under this paragraph not later than September 30, 2000; and
          (ii) include in each report under subsection (e)(2) of this
        section the most recent habitat needs assessment conducted
        under this paragraph.

      (3) There is authorized to be appropriated to the Secretary such
    sums as may be necessary to carry out this subsection.
    (i) Disposal of dredged material
      (1) The Secretary shall, as he determines feasible, dispose of
    dredged material from the system pursuant to the recommendations of
    the GREAT I, GREAT II, and GRRM studies.
      (2) The Secretary shall establish and request appropriate Federal
    funding for a program to facilitate productive uses of dredged
    material. The Secretary shall work with the States which have,
    within their boundaries, any part of the system to identify
    potential users of dredged material.
    (j) Construction of second lock at locks and dam 26, Mississippi
      River, Alton, Illinois and Missouri
      The Secretary is authorized to provide for the engineering,
    design, and construction of a second lock at locks and dam 26,
    Mississippi River, Alton, Illinois and Missouri, at a total cost of
    $220,000,000, with a first Federal cost of $220,000,000. Such
    second lock shall be one hundred and ten feet by six hundred feet
    and shall be constructed at or in the vicinity of the location of
    the replacement lock authorized by section 102 of Public Law 95-
    502. Section 2212 of this title shall apply to the project
    authorized by this subsection.

-SOURCE-
    (Pub. L. 99-662, title XI, Sec. 1103, Nov. 17, 1986, 100 Stat.
    4225; Pub. L. 101-640, title IV, Sec. 405, Nov. 28, 1990, 104 Stat.
    4646; Pub. L. 102-580, title I, Sec. 107, Oct. 31, 1992, 106 Stat.
    4815; Pub. L. 106-53, title V, Sec. 509, Aug. 17, 1999, 113 Stat.
    339; Pub. L. 106-109, Sec. 2, Nov. 24, 1999, 113 Stat. 1494.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 95-502, referred to in subsecs. (b)(2) and (j), is
    Pub. L. 95-502, Oct. 21, 1978, 92 Stat. 1693, as amended. Section
    102 of Pub. L. 95-502 is not classified to the Code. For complete
    classification of this Act to the Code, see Tables.
      This Act, referred to in subsec. (f)(1), is Pub. L. 99-662, Nov.
    17, 1986, 100 Stat. 4082, as amended, known as the Water Resources
    Development Act of 1986. Title I of this Act is classified
    generally to subchapter I (Sec. 2211 et seq.) of chapter 36 of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 2201 of this title and
    Tables.

-COD-
                               CODIFICATION                           
      Subsec. (c)(2) of this section amended section 101 of Pub. L. 95-
    502, which is set out as a note under section 1962b-3 of Title 42,
    The Public Health and Welfare.


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (e). Pub. L. 106-53, Sec. 509(a), inserted subsec.
    heading, added par. (1), and struck out former par. (1) which read
    as follows: "The Secretary, in consultation with the Secretary of
    the Interior and the States of Illinois, Iowa, Minnesota, Missouri,
    and Wisconsin, is authorized to undertake, as identified in the
    master plan - 
        "(A) a program for the planning, construction, and evaluation
      of measures for fish and wildlife habitat rehabilitation and
      enhancement;
        "(B) implementation of a long-term resource monitoring program;
      and
        "(C) implementation of a computerized inventory and analysis
      system."
      Subsec. (e)(2). Pub. L. 106-53, Sec. 509(b), added par. (2) and
    struck out former par. (2) which read as follows: "Each program
    referred to in paragraph (1) shall be carried out for 15 years.
    Before the last day of such 15-year period, the Secretary, in
    consultation with the Secretary of the Interior and the States of
    Illinois, Iowa, Minnesota, Missouri, and Wisconsin, shall conduct
    an evaluation of such programs and submit a report on the results
    of such evaluation to Congress. Such evaluation shall determine
    each such program's effectiveness, strengths, and weaknesses and
    contain recommendations for the modification and continuance or
    termination of such program."
      Subsec. (e)(3). Pub. L. 106-53, Sec. 509(c)(1), substituted
    "(1)(A)(i)" for "(1)(A)" and "Secretary $22,750,000 for fiscal year
    1999 and each fiscal year thereafter" for "Secretary not to exceed
    $8,200,000 for the first fiscal year beginning after November 17,
    1986, not to exceed $12,400,000 for the second fiscal year
    beginning after November 17, 1986, and not to exceed $13,000,000
    per fiscal year for each of the succeeding 13 fiscal years".
      Subsec. (e)(4). Pub. L. 106-53, Sec. 509(c)(2), substituted
    "(1)(A)(ii)" for "(1)(B)" and "Secretary $10,420,000 for fiscal
    year 1999 and each fiscal year thereafter" for "Secretary not to
    exceed $7,680,000 for the first fiscal year beginning after
    November 17, 1986, and not to exceed $5,080,000 per fiscal year for
    each of the succeeding 14 fiscal years".
      Subsec. (e)(5). Pub. L. 106-109 substituted "paragraph (1)(B)"
    for "paragraph (1)(A)(i)".
      Pub. L. 106-53, Sec. 509(c)(3), added par. (5) and struck out
    former par. (5) which read as follows: "For purposes of carrying
    out paragraph (1)(C) of this subsection, there is authorized to be
    appropriated to the Secretary not to exceed $40,000 for the first
    fiscal year beginning after November 17, 1986, not to exceed
    $280,000 for the second fiscal year beginning after November 17,
    1986, not to exceed $1,220,000 for the third fiscal year beginning
    after November 17, 1986, and not to exceed $875,000 per fiscal year
    for each of the succeeding 12 fiscal years".
      Subsec. (e)(6). Pub. L. 106-53, Sec. 509(d), added par. (6) and
    struck out former par. (6) which contained provisions limiting
    transfers to 20% of appropriated amounts and setting out specific
    maximum monetary amounts.
      Subsec. (e)(7)(A). Pub. L. 106-53, Sec. 509(e), (g)(1)(A),
    substituted "(1)(A)(i)" for "(1)(A)" and inserted before period at
    end "and, in the case of any project requiring non-Federal cost
    sharing, the non-Federal share of the cost of the project shall be
    35 percent".
      Subsec. (e)(7)(B). Pub. L. 106-53, Sec. 509(g)(1)(B), substituted
    "paragraph (1)(A)(ii)" for "paragraphs (1)(B) and (1)(C)".
      Subsec. (f)(2). Pub. L. 106-53, Sec. 509(g)(2), struck out "(A)"
    after "(2)" and struck out subpar. (B) which read as follows: "For
    purposes of carrying out the assessment of the economic benefits of
    recreational activities as authorized in paragraph (1) of this
    subsection, there is authorized to be appropriated to the Secretary
    not to exceed $300,000 per fiscal year for the first and second
    fiscal years beginning after the computerized inventory and
    analysis system implemented pursuant to subsection (e)(1)(C) of
    this section is fully functional and $150,000 for the third such
    fiscal year".
      Subsec. (h)(2). Pub. L. 106-53, Sec. 509(f), inserted par.
    heading, designated existing provisions as subpar. (A) and inserted
    heading, and added subpar. (B).
      1992 - Subsec. (e)(2). Pub. L. 102-580, Sec. 107(a)(1), which
    directed the substitution of "15" for "ten" each place it appears,
    could not be executed because "ten" did not appear subsequent to
    amendment by Pub. L. 101-640, Sec. 405(1). See 1990 Amendment note
    below.
      Subsec. (e)(6). Pub. L. 102-580, Sec. 107(a)(3), added par. (6).
    Former par. (6) redesignated (7).
      Subsec. (e)(7). Pub. L. 102-580, Sec. 107(a)(2), redesignated
    par. (6) as (7). Former par. (7) redesignated (8).
      Subsec. (e)(7)(A). Pub. L. 102-580, Sec. 107(b), added subpar.
    (A) and struck out former subpar. (A) which read as follows:
    "Notwithstanding the provisions of subsection (a)(2) of this
    section, the costs of each project carried out pursuant to
    paragraph (1)(A) of this subsection shall be allocated between the
    Secretary and the appropriate non-Federal sponsor in accordance
    with the provisions of section 2283 of this title."
      Subsec. (e)(8). Pub. L. 102-580, Sec. 107(a)(2), redesignated
    par. (7) as (8).
      1990 - Subsec. (e)(2). Pub. L. 101-640, Sec. 405(1), substituted
    "15" for "ten" in two places.
      Subsec. (e)(3). Pub. L. 101-640, Sec. 405(2), substituted "13"
    for "eight".
      Subsec. (e)(4). Pub. L. 101-640, Sec. 405(3), substituted "14"
    for "nine".
      Subsec. (e)(5). Pub. L. 101-640, Sec. 405(4), substituted "12"
    for "seven".
      Subsec. (f)(2)(A). Pub. L. 101-640, Sec. 405(5), substituted "15"
    for "ten".

         UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND NUTRIENT STUDY     
      Pub. L. 106-541, title IV, Sec. 403, Dec. 11, 2000, 114 Stat.
    2634, provided that:
      "(a) In General. - In conjunction with the Secretary of
    Agriculture and the Secretary of the Interior, the Secretary [of
    the Army] shall conduct a study to - 
        "(1) identify and evaluate significant sources of sediment and
      nutrients in the upper Mississippi River basin;
        "(2) quantify the processes affecting mobilization, transport,
      and fate of those sediments and nutrients on land and in water;
      and
        "(3) quantify the transport of those sediments and nutrients to
      the upper Mississippi River and the tributaries of the upper
      Mississippi River.
      "(b) Study Components. - 
        "(1) Computer modeling. - In carrying out the study under this
      section, the Secretary shall develop computer models of the upper
      Mississippi River basin, at the subwatershed and basin scales, to
      - 
          "(A) identify and quantify sources of sediment and nutrients;
        and
          "(B) examine the effectiveness of alternative management
        measures.
        "(2) Research. - In carrying out the study under this section,
      the Secretary shall conduct research to improve the understanding
      of - 
          "(A) fate processes and processes affecting sediment and
        nutrient transport, with emphasis on nitrogen and phosphorus
        cycling and dynamics;
          "(B) the influences on sediment and nutrient losses of soil
        type, slope, climate, vegetation cover, and modifications to
        the stream drainage network; and
          "(C) river hydrodynamics, in relation to sediment and
        nutrient transformations, retention, and transport.
      "(c) Use of Information. - On request of a Federal agency, the
    Secretary may provide information for use in applying sediment and
    nutrient reduction programs associated with land-use improvements
    and land management practices.
      "(d) Reports. - 
        "(1) Preliminary report. - Not later than 2 years after the
      date of enactment of this Act [Dec. 11, 2000], the Secretary
      shall transmit to Congress a preliminary report that outlines
      work being conducted on the study components described in
      subsection (b).
        "(2) Final report. - Not later than 5 years after the date of
      enactment of this Act, the Secretary shall transmit to Congress a
      report describing the results of the study under this section,
      including any findings and recommendations of the study.
      "(e) Funding. - 
        "(1) Authorization of appropriations. - There is authorized to
      be appropriated to carry out this section $4,000,000 for each of
      fiscal years 2001 through 2005.
        "(2) Federal share. - The Federal share of the cost of carrying
      out this section shall be 50 percent."

                UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN            
      Pub. L. 106-53, title IV, Sec. 459, Aug. 17, 1999, 113 Stat. 332,
    as amended by Pub. L. 106-541, title IV, Sec. 404, Dec. 11, 2000,
    114 Stat. 2635, provided that:
      "(a) Development. - The Secretary [of the Army] shall develop a
    plan to address water resource and related land resource problems
    and opportunities in the upper Mississippi and Illinois River
    basins, from Cairo, Illinois, to the headwaters of the Mississippi
    River, in the interest of systemic flood damage reduction by means
    of - 
        "(1) structural and nonstructural flood control and floodplain
      management strategies;
        "(2) continued maintenance of the navigation project;
        "(3) management of bank caving and erosion;
        "(4) watershed nutrient and sediment management;
        "(5) habitat management;
        "(6) recreation needs; and
        "(7) other related purposes.
      "(b) Contents. - The plan under subsection (a) shall - 
        "(1) contain recommendations on management plans and actions to
      be carried out by the responsible Federal and non-Federal
      entities;
        "(2) specifically address recommendations to authorize
      construction of a systemic flood control project for the upper
      Mississippi River; and
        "(3) include recommendations for Federal action where
      appropriate and recommendations for follow-on studies for problem
      areas for which data or current technology does not allow
      immediate solutions.
      "(c) Consultation and Use of Existing Data. - In carrying out
    this section, the Secretary shall - 
        "(1) consult with appropriate Federal and State agencies; and
        "(2) make maximum use of data in existence on the date of
      enactment of this Act [Aug. 17, 1999] and ongoing programs and
      efforts of Federal agencies and States in developing the plan
      under subsection (a).
      "(d) Cost Sharing. - 
        "(1) Development. - Development of the plan under subsection
      (a) shall be at Federal expense.
        "(2) Feasibility studies. - Feasibility studies resulting from
      development of the plan shall be subject to cost sharing under
      section 105 of the Water Resources Development Act of 1986 (33
      U.S.C. 2215).
      "(e) Report. - Not later than 3 years after the first date on
    which funds are appropriated to carry out this section, the
    Secretary shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate a report that includes
    the plan under subsection (a)."

-CROSS-
                            "SECRETARY" DEFINED                        
      Secretary means the Secretary of the Army, see section 2201 of
    this title.

-End-



-CITE-
    33 USC Sec. 653                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 653. Extension of jurisdiction of Mississippi River Commission

-STATUTE-
      The jurisdiction of the Mississippi River Commission (established
    by the Act of June 29, 1879 (!1) (33 U.S.C. 641)) is extended to
    include - 

        (1) Terrebonne Parish, Louisiana; and
        (2) the area bounded by the East Atchafalaya Basin Protection
      Levee, the Mississippi River Levee, and Bayou Lafourche and
      extending from Morganza, Louisiana, to the Gulf of Mexico,
      insofar as such area is affected by the flood waters of the
      Mississippi River.

-SOURCE-
    (Pub. L. 102-580, title III, Sec. 301, Oct. 31, 1992, 106 Stat.
    4838.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of June 29, 1879 (33 U.S.C. 641), referred to in text,
    probably means the act of June 28, 1879, ch. 43, 21 Stat. 37, which
    enacted sections 641 to 644, 646, and 647 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    33 USC Sec. 653a                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 13 - MISSISSIPPI RIVER COMMISSION

-HEAD-
    Sec. 653a. Extension of jurisdiction of Mississippi River
      Commission

-STATUTE-
      The jurisdiction of the Mississippi River Commission, established
    by section 641 of this title, is extended to include - 
        (1) all of the area between the eastern side of the Bayou
      Lafourche Ridge from Donaldsonville, Louisiana, to the Gulf of
      Mexico and the west guide levee of the Mississippi River from
      Donaldsonville, Louisiana, to the Gulf of Mexico;
        (2) Alexander County, Illinois; and
        (3) the area in the State of Illinois from the confluence of
      the Mississippi and Ohio Rivers northward to the vicinity of
      Mississippi River mile 39.5, including the Len Small Drainage and
      Levee District, insofar as such area is affected by the flood
      waters of the Mississippi River.

-SOURCE-
    (Pub. L. 104-303, title V, Sec. 517, Oct. 12, 1996, 110 Stat.
    3764.)

-End-