-CITE-
    33 USC CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS
           GENERALLY                                       01/03/2007

-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  Repealed.                                             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   Omitted or Repealed.                                  
    549a.       Review of navigation, flood control, and water supply
                 projects.                                            
    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.                        
    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.               
    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.          
    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.                       
    579.        Repealed.                                             
    579a.       Project deauthorizations.                             

        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.                                   

              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.                     

               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.        
    623.        Repealed.                                             
    624.        Limitation on improvement work by private contract.   
    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                    01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 544. Repealed.

-MISC1-
    Sec. 544. Repealed. Aug. 19, 1968, Pub. L. 88-448, Sec. 402(a)(9),
      78 Stat. 493.
      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                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 544a. Repealed.

-MISC1-
    Sec. 544a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 650.
      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                                            01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 549. Repealed.

-MISC1-
    Sec. 549. Repealed. Pub. L. 96-470, title I, Sec. 104(c), Oct. 19,
      1980, 94 Stat. 2238.
      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. 549a                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 549a. Review of navigation, flood control, and water supply
      projects

-STATUTE-
      The Secretary of the Army, acting through the Chief of Engineers,
    is authorized to review the operation of projects the construction
    of which has been completed and which were constructed by the Corps
    of Engineers in the interest of navigation, flood control, water
    supply, and related purposes, when found advisable due (!1) the
    significantly changed physical or economic conditions, and to
    report thereon to Congress with recommendations on the advisability
    of modifying the structures or their operation, and for improving
    the quality of the environment in the overall public interest.

-SOURCE-
    (Pub. L. 91-611, title II, Sec. 216, Dec. 31, 1970, 84 Stat. 1830.)

-COD-
                               CODIFICATION                           
      Section is from Pub. L. 91-611, popularly known as the "Flood
    Control Act of 1970".

-FOOTNOTE-
    (!1) So in original. Probably should be "due to".

-End-

-CITE-
    33 USC Sec. 550                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 552. Repealed.

-MISC1-
    Sec. 552. Repealed. May 29, 1928, ch. 901, Sec. 1(28), 45 Stat. 988.
      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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 558a. Repealed.

-MISC1-
    Sec. 558a. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(56), 65 Stat.
      703.
      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                                            01/03/2007

-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                                          01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 564. Repealed.

-MISC1-
    Sec. 564. Repealed. July 3, 1943, ch. 189, Sec. 5, 57 Stat. 374.
      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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                          01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 573. Repealed.

-MISC1-
    Sec. 573. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 656.
      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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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
    and operation of the plant and equipment of the Corps of Engineers
    used in civil works functions, including acquisition of plant and
    equipment, maintenance, repair, and purchase, operation, and
    maintenance of not to exceed four aircraft at any one time,
    temporary financing of services finally chargeable to
    appropriations for civil works functions, and the furnishing of
    facilities and services for military functions of the Department of
    the Army and other Government agencies and private persons, as
    authorized by law. In addition, the Secretary of the Army is
    authorized to provide capital for the fund by capitalizing the
    present inventories, plant and equipment of the civil works
    functions of the Corps of Engineers. The fund shall be credited
    with reimbursements or advances for the cost of equipment,
    facilities, and services furnished, at rates which shall include
    charges for overhead and related expenses, depreciation of plant
    and equipment, and accrued leave: Provided, That on July 1, 1953,
    (1) the fund shall assume the assets, liabilities, and obligations
    of the Plant accounts, as carried on the records of the Corps of
    Engineers as of June 30, 1953, under the appropriations for
    "Maintenance and improvement of existing river and harbor works",
    "Flood control, general", and "Flood control, Mississippi River and
    tributaries", and (2) there shall be transferred from said
    appropriations to the fund amounts equivalent to the unexpended
    cash balances of the Plant accounts on June 30, 1953: Provided
    further, That the total capital of said fund shall not exceed
    $140,000,000.

-SOURCE-
    (July 27, 1953, ch. 245, Sec. 101, 67 Stat. 199.)

-COD-
                               CODIFICATION                           
      Section is also set out as section 701b-10 of this title.
      Section was formerly classified to section 190b 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.

-MISC1-
       HEADQUARTERS AIRCRAFT; TRANSFER AND REASSIGNMENT OF PROPERTY
                 ACCOUNTABILITY TO ARMY MILITARY ACTIVITY
      Pub. L. 101-101, title I, Sec. 105, Sept. 29, 1989, 103 Stat.
    649, provided that: "Notwithstanding section 110 of the Energy and
    Water Development Appropriation Act, 1988, Public Law 100-202 [set
    out below], the Secretary of the Army is authorized to transfer and
    reassign property accountability for the headquarters aircraft of
    the Corps of Engineers, Serial Number 045, from the assets of the
    civil works revolving fund, to the military activity of the Army
    that the Secretary determines is appropriate, except that the
    aircraft shall be made available on a priority basis as necessary
    for activities in support of the Army's civil works mission."

      RETENTION OF THREE OPERATIONAL AIRCRAFT; NOTICE OF INTENDED USE
                           OUTSIDE UNITED STATES
      Pub. L. 100-202, Sec. 101(d) [title I, Sec. 110], Dec. 22, 1987,
    101 Stat. 1329-104, 1329-112, provided that: "The Chief of
    Engineers is directed to retain three operational aircraft
    authorized pursuant to section 101 of the Act of July 27, 1953, 67
    Stat. 199 [33 U.S.C. 576], together with their attendant crews, and
    may only dispose of any of these aircraft if authorized to do so by
    a future congressional enactment for that purpose. The Chief of
    Engineers shall provide at least thirty days advance written
    notification to the Appropriations Committees of the Senate and
    House of Representatives of any intended use of any of these
    aircraft for a trip destined outside the United States or its
    territories or possessions."

-End-

-CITE-
    33 USC Sec. 576a                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 576a. Purchase of passenger motor vehicles by Corps of
      Engineers

-STATUTE-
      On and after March 4, 1933, the provisions of section 1343 of
    title 31 shall be construed as applying to the Corps of Engineers
    as to the purchase of motor-propelled passenger-carrying vehicles.

-SOURCE-
    (Mar. 4, 1933, ch. 281, title II, Sec. 1, 47 Stat. 1599.)

-COD-
                               CODIFICATION                           
      "Section 1343 of title 31" substituted in text for "section 5 of
    the Act of July 16, 1914 (U.S.C., title 5, sec. 78)" on authority
    of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the
    first section of which enacted Title 31, Money and Finance.
      Section was formerly classified to section 638b of Title 31 prior
    to the general revision and enactment of Title 31, Money and
    Finance, by Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877.
      Section was also formerly classified to section 78a of Title 5
    prior to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80
    Stat. 378.

-End-

-CITE-
    33 USC Sec. 576b                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 576b. Lease authority

-STATUTE-
      Notwithstanding any other provision of law, the Secretary may
    lease space available in buildings for which funding for
    construction or purchase was provided from the revolving fund
    established by the 1st section of the Civil Functions
    Appropriations Act, 1954 (33 U.S.C. 576; 67 Stat. 199), under such
    terms and conditions as are acceptable to the Secretary. The
    proceeds from such leases shall be credited to the revolving fund
    for the purposes set forth in such Act.

-SOURCE-
    (Pub. L. 104-303, title II, Sec. 213, Oct. 12, 1996, 110 Stat.
    3684.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Civil Functions Appropriations Act, 1954, referred to in
    text, is act July 27, 1953, ch. 245, 67 Stat. 197. For complete
    classification of this Act to the Code, see Tables.

-End-

-CITE-
    33 USC Sec. 577                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 577. Small river and harbor improvement projects

-STATUTE-
    (a) Allotment from appropriations for construction
      The Secretary of the Army is authorized to allot from any
    appropriations hereafter made for rivers and harbors not to exceed
    $35,000,000 for any one fiscal year for the construction of small
    river and harbor improvement projects not specifically authorized
    by Congress which will result in substantial benefits to navigation
    and which can be operated consistently with appropriate and
    economic use of the waters of the Nation for other purposes, when
    in the opinion of the Chief of Engineers such work is advisable, if
    benefits are in excess of the cost.
    (b) Limitation on allotment
      Not more than $4,000,000 shall be allotted for the construction
    of a project under this section at any single locality and the
    amount allotted shall be sufficient to complete the Federal
    participation in the project under this section.
    (c) Lands, easements, and rights-of-way; indemnification;
      assurances of local cooperation
      Local interests shall provide without cost to the United States
    all necessary lands, easements and rights-of-way for all projects
    to be constructed under the authority of this section. In addition,
    local interests may be required to hold and save the United States
    free from damages that may result from the construction and
    maintenance of the project and may be required to provide such
    additional local cooperation as the Chief of Engineers deems
    appropriate. A State, county, municipality or other responsible
    local entity shall give assurance satisfactory to the Chief of
    Engineers that such conditions of cooperation as are required will
    be accomplished.
    (d) Sharing of costs by non-Federal interests
      Non-Federal interests may be required to share in the cost of the
    project to the extent that the Chief of Engineers deems that such
    cost should not be borne by the Federal Government in view of the
    recreational or otherwise special or local nature of the project
    benefits.
    (e) Completeness of project
      Each project for which money is allotted under this section shall
    be complete in itself and not commit the United States to any
    additional improvement to insure its successful operation, other
    than routine maintenance, and except as may result from the normal
    procedure applying to projects authorized after submission of
    survey reports, and projects constructed under the authority of
    this section shall be considered as authorized projects.
    (f) Low water access navigation channels from existing channel of
      Mississippi River
      This section shall apply to, but not be limited to, the provision
    of low water access navigation channels from the existing channel
    of the Mississippi River to harbor areas heretofore or now
    established and located along the Mississippi River.

-SOURCE-
    (Pub. L. 86-645, title I, Sec. 107, July 14, 1960, 74 Stat. 486;
    Pub. L. 89-298, title III, Sec. 310(a) Oct. 27, 1965, 79 Stat.
    1095; Pub. L. 91-611, title I, Sec. 112(a), Dec. 31, 1970, 84 Stat.
    1821; Pub. L. 94-587, Sec. 133(a), Oct. 22, 1976, 90 Stat. 2928;
    Pub. L. 99-662, title IX, Sec. 915(d), Nov. 17, 1986, 100 Stat.
    4191.)

-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (a). Pub. L. 99-662 substituted "$35,000,000" for
    "$25,000,000".
      Subsec. (b). Pub. L. 99-662 substituted "$4,000,000" for
    "$2,000,000".
      1976 - Subsec. (b). Pub. L. 94-587 substituted "$2,000,000" for
    "$1,000,000".
      1970 - Subsec. (a). Pub. L. 91-611 substituted "$25,000,000" for
    "$10,000,000".
      Subsec. (b). Pub. L. 91-611 substituted "$1,000,000" for
    "$500,000".
      1965 - Subsec. (a). Pub. L. 89-298, Sec. 310(a)(1), substituted
    "$10,000,000" for "$2,000,000".
      Subsec. (b). Pub. L. 89-298, Sec. 310(a)(2), substituted
    "$500,000" for "$200,000".

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-662 not applicable to any project under
    contract for construction on Nov. 17, 1986, see section 915(i) of
    Pub. L. 99-662, set out as a note under section 426g of this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 133(c) of Pub. L. 94-587 provided that: "The amendments
    made by this section [amending this section and section 701s of
    this title] shall not apply to any project under contract for
    construction on the date of enactment of the Water Resources
    Development Act of 1976 [Oct. 22, 1976]."

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-611 not applicable to any project under
    contract for construction on Dec. 31, 1970, see section 112(c) of
    Pub. L. 91-611, set out as a note under section 426g of this title.

-End-

-CITE-
    33 USC Sec. 577a                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 577a. Small-boat navigation projects; charter fishing craft

-STATUTE-
      The Chief of Engineers, for the purpose of determining Federal
    and non-Federal cost sharing, relating to proposed construction of
    small-boat navigation projects, shall consider charter fishing
    craft as commercial vessels.

-SOURCE-
    (Pub. L. 91-611, title I, Sec. 119, Dec. 31, 1970, 84 Stat. 1822.)

-End-

-CITE-
    33 USC Sec. 577b                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 577b. Cost of operation and maintenance of general navigation
      features of small boat harbor projects; applicable projects

-STATUTE-
      The cost of operation and maintenance of the general navigation
    features of small boat harbor projects shall be borne by the United
    States. This section shall apply to any such project authorized (A)
    under section 201 of the Flood Control Act of 1965 [42 U.S.C. 1962d-
    5], (B) under section 107 of the River and Harbor Act of 1960 [33
    U.S.C. 577], (C) between January 1, 1970, and December 31, 1970,
    under authority of this Act, and to projects heretofore authorized
    in accordance with the policy set forth in the preceding sentence
    and to such projects authorized in this Act or which are hereafter
    authorized.

-SOURCE-
    (Pub. L. 91-611, title I, Sec. 103, Dec. 31, 1970, 84 Stat. 1819;
    Pub. L. 93-251, Sec. 6, Mar. 7, 1974, 88 Stat. 15.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means Pub. L. 91-611, Dec. 31,
    1970, 84 Stat. 1818, as amended. For complete classification of
    this Act to the Code, see Tables.
      Hereafter, referred to in text, probably means after Dec. 31,
    1970.

-MISC1-
                                AMENDMENTS                            
      1974 - Pub. L. 93-251 amended section generally. Prior to
    amendment, section read as follows: "The costs of operation and
    maintenance of the general navigation features of small boat harbor
    projects authorized between January 1, 1970, and December 31, 1970,
    under the authority of this Act, section 201 of the Flood Control
    Act of 1965 [42 U.S.C. 1962d-5], or section 107 of the River and
    Harbor Act of 1960 [33 U.S.C. 577], shall be borne by the United
    States."

-End-

-CITE-
    33 USC Sec. 578                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 578. Disposal of surplus property for development of public
      port or industrial facilities

-STATUTE-
    (a) Conveyance by Secretary of the Army
      Whenever the Secretary of the Army, upon the recommendation of
    the Chief of Engineers, determines that notwithstanding the
    provisions of the Federal Property and Administrative Services Act
    of 1949, as amended,(!1) with respect to disposal of surplus real
    property, (1) the development of public port or industrial
    facilities on land which is part of a water resource development
    project under his jurisdiction will be in the public interest; (2)
    that such development will not interfere with the operation and
    maintenance of the project; and (3) that disposition of the
    property for these purposes under this section will serve the
    objectives of the project within which the land is located, he may
    convey the land by quitclaim deed to a State, political subdivision
    thereof, port district, port authority, or other body created by
    the State or through a compact between two or more States for the
    purpose of developing or encouraging the development of such
    facilities. In any case, where two or more political subdivisions
    thereof, or bodies created by, a State or group of States, seek to
    obtain the same land, the Secretary of the Army shall give
    preference to that political subdivision or body whose intended use
    of land will, in his opinion, best promote the purposes for which
    the project involved was authorized.

    (b) Purchase price; conditions, reservations or restrictions
      Any conveyance authorized by this section shall be made at the
    fair market value of the land, as determined by the Secretary of
    the Army, upon condition that the property shall be used for one of
    the purposes stated in the subsection (a) of this section only, and
    subject to such other conditions, reservations or restrictions as
    the Secretary may determine to be necessary for the development,
    maintenance, or operation of the project or otherwise in the public
    interest.
    (c) Notice of proposed conveyance
      Prior to the conveyance of any land under the provisions of this
    section, the Secretary of the Army shall, in the manner he deems
    reasonable, give public notice of the proposed conveyance and
    afford an opportunity to interested eligible bodies in the general
    vicinity of the land to apply for its purchase.
    (d) Delegation of authority
      The Secretary of the Army may delegate any authority conferred
    upon him by this section to any officer or employee of the
    Department of the Army. Any such officer or employee shall exercise
    the authority so delegated under rules and regulations approved by
    the Secretary.
    (e) Deposit of proceeds
      The proceeds from any conveyance made under the provisions of
    this section shall be covered into the Treasury as miscellaneous
    receipts.

-SOURCE-
    (Pub. L. 86-645, title I, Sec. 108, July 14, 1960, 74 Stat. 486.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949, as
    amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,
    63 Stat. 377, as amended. Except for title III of the Act, which is
    classified generally to subchapter IV (Sec. 251 et seq.) of chapter
    4 of Title 41, Public Contracts, the Act was repealed and reenacted
    by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
    1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
    and Works.

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

-End-

-CITE-
    33 USC Sec. 579                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 579. Repealed.

-MISC1-
    Sec. 579. Repealed. Pub. L. 101-640, title I, Sec. 119(b), Nov. 28,
      1990, 104 Stat. 4630.
      Section, Pub. L. 93-251, title I, Sec. 12, Mar. 7, 1974, 88 Stat.
    16; H. Res. 988, Oct. 8, 1974; Pub. L. 94-587, Sec. 157(a), Oct.
    22, 1976, 90 Stat. 2933; S. Res. 4, Feb. 4, 1977, provided for
    deauthorization of projects of improvement of rivers and harbors
    and other waterways for navigation, beach erosion, flood control,
    and other purposes which the Secretary of the Army determined
    should no longer be authorized.

-End-

-CITE-
    33 USC Sec. 579a                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 579a. Project deauthorizations

-STATUTE-
    (a) Funds to be obligated for construction to avoid deauthorization
      Any project authorized for construction by this Act shall not be
    authorized after the last day of the 5-year period beginning on
    November 17, 1986, unless during such period funds have been
    obligated for construction, including planning and designing, of
    such project.
    (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
      (1) Not later than one year after November 17, 1986, the
    Secretary shall transmit to Congress a list of unconstructed
    projects, or unconstructed separable elements of projects, which
    have been authorized, but have received no obligations during the
    10 full fiscal years preceding the transmittal of such list. A
    project or separable element included in such list is not
    authorized after December 31, 1989, if funds have not been
    obligated for construction of such project or element after
    November 17, 1986, and before December 31, 1989.
      (2) Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C.
    1113 note; 109 Stat. 734), every two years after the transmittal of
    the list under paragraph (1), the Secretary shall transmit to
    Congress a list of projects or separable elements of projects which
    have been authorized, but have received no obligations during the 7
    full fiscal years preceding the transmittal of such list. Upon
    submission of such list to Congress, the Secretary shall notify
    each Senator in whose State, and each Member of the House of
    Representatives in whose district, a project (including any part
    thereof) on such list would be located. A project or separable
    element included in such list is not authorized after the date
    which is 30 months after the date the list is so transmitted if
    funds have not been obligated for the planning, design, or
    construction of such project or element during such 30-month
    period.
    (c) Deauthorized list; publication in Federal Register
      The Secretary shall publish in the Federal Register a list of any
    projects or separable elements that are deauthorized under this
    section.

-SOURCE-
    (Pub. L. 99-662, title X, Sec. 1001, Nov. 17, 1986, 100 Stat. 4201;
    Pub. L. 101-640, title I, Sec. 119(a), Nov. 28, 1990, 104 Stat.
    4630; Pub. L. 104-303, title II, Sec. 228(a), Oct. 12, 1996, 110
    Stat. 3703; Pub. L. 106-109, Sec. 8(d), Nov. 24, 1999, 113 Stat.
    1496.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (a), is Pub. L. 99-662, Nov. 17,
    1986, 100 Stat. 4082, known as the Water Resources Development Act
    of 1986. For complete classification of this Act to the Code, see
    Short Title note set out under section 2201 of this title and
    Tables.

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (b)(2). Pub. L. 106-109, in first sentence,
    substituted "Notwithstanding section 3003 of Public Law 104-66 (31
    U.S.C. 1113 note; 109 Stat. 734), every" for "Every".
      1996 - Subsec. (b)(2). Pub. L. 104-303 substituted "7 full" for
    "10 full", "Upon submission" for "Before submission", and "for the
    planning, design, or construction" for "for construction".
      1990 - Subsec. (b)(2). Pub. L. 101-640 inserted after first
    sentence "Before submission of such list to Congress, the Secretary
    shall notify each Senator in whose State, and each Member of the
    House of Representatives in whose district, a project (including
    any part thereof) on such list would be located."

      PROJECT DEAUTHORIZATIONS; EXTENSION OF LIMITATION ON PERIOD OF
                               AUTHORIZATION
      Pub. L. 100-676, Sec. 52(a), Nov. 17, 1988, 102 Stat. 4044, which
    provided that subsecs. (a) and (c) of this section applied to
    projects authorized for construction by Pub. L. 100-676 (see Short
    Title of 1988 Amendment note set out under section 2201 of this
    title), except that the 5-year period during which funds had to be
    obligated to prevent deauthorization began on Nov. 17, 1988, and
    were also to apply to projects authorized for construction
    subsequent to Pub. L. 100-676, except that 5-year period during
    which funds had to be obligated to prevent deauthorization began on
    the date of the authorization of such projects, was repealed by
    Pub. L. 104-303, title II, Sec. 228(b)(1), Oct. 12, 1996, 110 Stat.
    3703.

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

-End-

-CITE-
    33 USC SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING
           EXPENSES AND SUBSISTENCE                        01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND
                     SUBSISTENCE               

-HEAD-
        SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND
                                SUBSISTENCE

-End-

-CITE-
    33 USC Sec. 581                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND
                     SUBSISTENCE               

-HEAD-
    Sec. 581. Hiring special means of transportation

-STATUTE-
      In their execution and inspection of river and harbor improvement
    work, at points beyond easy reach of ordinary regular
    transportation lines, Engineer officers are authorized to hire and
    use such transportation as they may consider desirable and
    advantageous to the progress of work.

-SOURCE-
    (July 25, 1912, ch. 253, Sec. 9, 37 Stat. 233.)

-COD-
                               CODIFICATION                           
      Section is from act July 25, 1912, popularly known as the "Rivers
    and Harbors Appropriation Act of 1912".

-End-

-CITE-
    33 USC Sec. 582                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND
                     SUBSISTENCE               

-HEAD-
    Sec. 582. Repealed.

-MISC1-
    Sec. 582. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 644.
      Section, act July 18, 1918, ch. 155, Sec. 9, 40 Stat. 912,
    related to subsistence allowance to persons engaged in field work.

-End-

-CITE-
    33 USC Sec. 583                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND
                     SUBSISTENCE               

-HEAD-
    Sec. 583. Payment of allowances, etc., incident to change of
      station of Engineer officers from appropriation for improvements

-STATUTE-
      When in the opinion of the Secretary of the Army the changes of a
    station of an officer of the Corps of Engineers is primarily in the
    interest of river and harbor improvement, the mileage and other
    allowances to which he may be entitled incident to such change of
    station may be paid from appropriations for such improvements.

-SOURCE-
    (Mar. 3, 1925, ch. 467, Sec. 5, 43 Stat. 1191; 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. 583a                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND
                     SUBSISTENCE               

-HEAD-
    Sec. 583a. Payment of pay and allowances of officers of Corps of
      Engineers from appropriation for improvements

-STATUTE-
      Regular officers of the Corps of Engineers of the Army, and
    reserve officers of the Army who are assigned to the Corps of
    Engineers, who are employed primarily on duty connected with non-
    military public works prosecuted under the direction of the Chief
    of Engineers, including river and harbor improvements, flood
    control, and other such works, shall, while so employed, be paid
    their pay and allowances from the appropriation for the works upon
    which they are employed.

-SOURCE-
    (Aug. 10, 1956, ch. 1041, Sec. 36, 70A Stat. 634.)

-COD-
                               CODIFICATION                           
      Section is derived from the third proviso of Act June 26, 1936,
    ch. 839, 49 Stat. 1974, which was classified to section 181a 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 Secs. 584, 584a                                      01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND
                     SUBSISTENCE               

-HEAD-
    Secs. 584, 584a. Repealed.

-MISC1-
    Secs. 584, 584a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6,
      1966, 80 Stat. 647, 648.
      Section 584, act Jan. 21, 1927, ch. 47, Sec. 5(d), 44 Stat. 1021,
    related to expenses incident to transportation of household effects
    of civilian employees.
      Section 584a, act July 3, 1930, ch. 847, Sec. 6, 46 Stat. 948,
    related to travel expenses of civilian employees on river and
    harbor works.

-End-

-CITE-
    33 USC SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS    01/03/2007 

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-
            SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS        

-End-

-CITE-
    33 USC Sec. 591                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-
    Sec. 591. Condemnation, purchase, and donation of land and
      materials

-STATUTE-
      The Secretary of the Army may cause proceedings to be instituted,
    in the name of the United States, in any court having jurisdiction
    of such proceedings, for the acquirement by condemnation of any
    land, right-of-way, or material needed to enable him to maintain,
    operate, or prosecute works for the improvement of rivers and
    harbors for which provision has been made by law; such proceedings
    to be prosecuted in accordance with the laws relating to suits for
    the condemnation of property of the States wherein the proceedings
    may be instituted: Provided, however, That when the owner of such
    land, right-of-way, or material shall fix a price for the same,
    which in the opinion of the Secretary of the Army, shall be
    reasonable, he may purchase the same at such price without further
    delay: And provided further, That the Secretary of the Army is
    authorized to accept donations of lands or materials required for
    the maintenance or prosecution of such works.

-SOURCE-
    (Apr. 24, 1888, ch. 194, 25 Stat. 94; 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. 592                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-
    Sec. 592. Condemnation of land in aid of person, company,
      corporation, municipal or private

-STATUTE-
      Whenever any person, company, or corporation, municipal or
    private, shall undertake to secure any land or easement therein
    needed in connection with a work of river and harbor improvement
    duly authorized by Congress, for the purpose of conveying the same
    to the United States free of cost, or for the purpose of
    constructing, maintaining, and operating locks, dry docks, or other
    works to be conveyed to the United States free of cost, and of
    constructing, maintaining and operating dams for use in connection
    therewith, and shall be unable for any reason to obtain the same by
    purchase and acquire a valid title thereto, the Secretary of the
    Army may, in his discretion, cause proceedings to be instituted in
    the name of the United States for the acquirement by condemnation
    of said land or easement, and it shall be the duty of the Attorney
    General of the United States to institute and conduct such
    proceedings upon the request of the Secretary of the Army:
    Provided, That all expenses of said proceedings and any award that
    may be made thereunder shall be paid by the said person, company,
    or corporation, to secure which payment the Secretary of the Army
    may require the said person, company, or corporation to execute a
    proper bond in such amount as he may deem necessary before said
    proceedings are commenced.

-SOURCE-
    (May 16, 1906, ch. 2465, 34 Stat. 196; June 29, 1906, ch. 3628, 34
    Stat. 632; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat.
    501.)

-COD-
                               CODIFICATION                           
      Act May 16, 1906, as originally enacted, provided that: "Whenever
    any person, company, or corporation, municipal or private, shall
    undertake to secure, for the purpose of conveying the same to the
    United States free of cost, any land or easement therein, needed in
    connection with a work of river and harbor improvement duly
    authorized by Congress, and shall be unable for any reason to
    obtain a valid title thereto, the Secretary of War may, in his
    discretion, cause proceedings to be instituted in the name of the
    United States for the acquirement by condemnation of said land or
    easement, and it shall be the duty of the Attorney General of the
    United States to institute and conduct such proceedings upon the
    request of the Secretary of War: Provided, That all the expenses of
    said proceedings and any award that may be made thereunder shall be
    paid by the said person, company, or corporation, to secure which
    payment the Secretary of War may require the said person, company,
    or corporation to execute a proper bond in such amount as he may
    deem necessary before said proceedings are commenced."

-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. 593                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-
    Sec. 593. Condemnation of land in aid of State or State agency

-STATUTE-
      Whenever any State, or any reclamation, flood control or drainage
    district, or other public agency created by any State, shall
    undertake to secure any land or easement therein, needed in
    connection with a work of river and harbor improvement duly
    authorized by Congress, for the purpose of conveying the same to
    the United States free of cost, and shall be unable for any reason
    to obtain the same by purchase and acquire a valid title thereto,
    the Secretary of the Army may, in his discretion, cause proceedings
    to be instituted in the name of the United States for the
    acquirement by condemnation of said land or easement, and it shall
    be the duty of the Attorney General of the United States to
    institute and conduct such proceedings upon the request of the
    Secretary of the Army: Provided, That all expenses of said
    proceedings and any award that may be made thereunder shall be paid
    by such State, or reclamation, flood control or drainage district,
    or other public agency as aforesaid, to secure which payment the
    Secretary of the Army may require such State, or reclamation, flood
    control or drainage district, or other public agency as aforesaid,
    to execute a proper bond in such amount as he may deem necessary
    before said proceedings are commenced.

-SOURCE-
    (Aug. 8, 1917, ch. 49, Sec. 9, 40 Stat. 267; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-
                               CODIFICATION                           
      Section is from act Aug. 8, 1917, popularly known as the "Rivers
    and Harbors Appropriation Act of 1917".

-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. 594                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-
    Sec. 594. When immediate possession of land may be taken

-STATUTE-
      Whenever the Secretary of the Army, in pursuance of authority
    conferred on him by law, causes proceedings to be instituted in the
    name of the United States for the acquirement by condemnation of
    any lands, easements, or rights of way needed for a work of river
    and harbor improvements duly authorized by Congress, the United
    States, upon the filing of the petition in any such proceedings,
    shall have the right to take immediate possession of said lands,
    easements, or rights-of-way, to the extent of the interest to be
    acquired, and proceed with such public works thereon as have been
    authorized by Congress: Provided, That certain and adequate
    provision shall have been made for the payment of just compensation
    to the party or parties entitled thereto, either by previous
    appropriation by the United States or by the deposit of moneys or
    other form of security in such amount and form as shall be approved
    by the court in which such proceedings shall be instituted. The
    respondent or respondents may move at any time in the court to
    increase or change the amounts or securities, and the court shall
    make such order as shall be just in the premises and as shall
    adequately protect the respondents. In every case the proceedings
    in condemnation shall be diligently prosecuted on the part of the
    United States in order that such compensation may be promptly
    ascertained and paid.

-SOURCE-
    (July 18, 1918, ch. 155, Sec. 5, 40 Stat. 911; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-
                               CODIFICATION                           
      Section is from act July 18, 1918, popularly known as the "Rivers
    and Harbors Appropriation Act of 1918".

-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. 595                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-
    Sec. 595. Consideration of benefits in assessing compensation

-STATUTE-
      In all cases where private property shall be taken by the United
    States for the public use in connection with any improvement of
    rivers, harbors, canals, or waterways of the United States, and in
    all condemnation proceedings by the United States to acquire lands
    or easements for such improvements, where a part only of any such
    parcel, lot, or tract of land shall be taken, the jury or other
    tribunal awarding the just compensation or assessing the damages to
    the owner, whether for the value of the part taken or for any
    injury to the part not taken, shall take into consideration by way
    of reducing the amount of compensation or damages any special and
    direct benefits to the remainder arising from the improvement, and
    shall render their award or verdict accordingly.

-SOURCE-
    (July 18, 1918, ch. 155, Sec. 6, 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. 595a                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-
    Sec. 595a. Compensation for taking or condemnation of property for
      public improvements; fair market value; partial taking; effective
      date

-STATUTE-
      In all cases where real property shall be taken by the United
    States for the public use in connection with any improvement of
    rivers, harbors, canals, or waterways of the United States, and in
    all condemnation proceedings by the United States to acquire lands
    or easements for such improvements, the compensation to be paid for
    real property taken by the United States above the normal high
    water mark of navigable waters of the United States shall be the
    fair market value of such real property based upon all uses to
    which such real property may reasonably be put, including its
    highest and best use, any of which uses may be dependent upon
    access to or utilization of such navigable waters. In cases of
    partial takings of real property, no depreciation in the value of
    any remaining real property shall be recognized and no compensation
    shall be paid for any damages to such remaining real property which
    result from loss of or reduction of access from such remaining real
    property to such navigable waters because of the taking of real
    property or the purposes for which such real property is taken. The
    compensation defined herein shall apply to all acquisitions of real
    property after December 31, 1970, and to the determination of just
    compensation in any condemnation suit pending on December 31, 1970.

-SOURCE-
    (Pub. L. 91-611, title I, Sec. 111, Dec. 31, 1970, 84 Stat. 1821.)

-End-

-CITE-
    33 USC Sec. 596                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-
    Sec. 596. Repealed.

-MISC1-
    Sec. 596. Repealed. Pub. L. 91-646, title III, Sec. 306, Jan. 2,
      1971, 84 Stat. 1907.
      Section, Pub. L. 86-645, title III, Sec. 301, July 14, 1960, 74
    Stat. 502, declared the policy of Congress with respect to payment
    of just and reasonable consideration to owners and tenants whose
    property is acquired for public works projects and payment of a
    purchase price in negotiation for such property which will consider
    such congressional policy. See provisions of Uniform Relocation
    Assistance and Real Property Acquisition Policies Act of 1970,
    classified to chapter 61 (Sec. 4601 et seq.) of Title 42, The
    Public Health and Welfare.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal not applicable to any State so long as sections 4630 and
    4655 of title 42 are not applicable in such State; but such
    sections completely applicable to all States after July 1, 1972,
    but until such date applicable to a State to extent the State is
    able under its laws to comply with such sections, see section 221
    of Pub. L. 91-646, set out as an Effective Date note under section
    4601 of Title 42, The Public Health and Welfare.

                             SAVINGS PROVISION                         
      Any rights or liabilities existing under provisions repealed by
    section 306 of Pub. L. 91-646 as not affected by such repeal, see
    section 306 of Pub. L. 91-646, set out in part as a Savings
    Provision note under section 4651 of Title 42, The Public Health
    and Welfare.

-End-

-CITE-
    33 USC Sec. 597                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-
    Sec. 597. Acquisition of lands for water resource development
      projects; information as to probable timing for acquisition;
      public meetings; regulations

-STATUTE-
      Within six months after the date that Congress authorizes
    construction of a water resource development project under the
    jurisdiction of the Secretary of the Army, the Corps of Engineers
    shall make reasonable effort to advise owners and occupants in and
    adjacent to the project area as to the probable timing for the
    acquisition of lands for the project and for incidental rights-of-
    way, relocations, and any other requirements affecting owners and
    occupants. Within a reasonable time after initial appropriations
    are made for land acquisition or construction, including
    relocations, the Corps of Engineers shall conduct public meetings
    at locations convenient to owners and tenants to be displaced by
    the project in order to advise them of the proposed plans for
    acquisition and to afford them an opportunity to comment. To carry
    out the provisions of this section, the Chief of Engineers shall
    issue regulations to provide, among other things, dissemination of
    the following information to those affected: (1) factors considered
    in making the appraisals; (2) desire to purchase property without
    going to court; (3) legal right to submit to condemnation
    proceedings; (4) payments for moving expenses or other losses not
    covered by appraised market value; (5) occupancy during
    construction; (6) removal of improvements; (7) payments required
    from occupants of Government acquired land; (8) withdrawals by
    owners of deposits made in court by Government, and (9) use of land
    by owner when easement is acquired. The provisions of this section
    shall not subject the United States to any liability nor affect the
    validity of any acquisitions by purchase or condemnation and shall
    be exempt from the operations of subchapter II of chapter 5, and
    chapter 7, of title 5.

-SOURCE-
    (Pub. L. 86-645, title III, Sec. 302, July 14, 1960, 74 Stat. 502.)

-COD-
                               CODIFICATION                           
      "Subchapter II of chapter 5, and chapter 7, of title 5"
    substituted in text for "the Administrative Procedure Act of June
    11, 1946, 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-
                                SHORT TITLE                            
      Section 303 of Pub. L. 86-645 provided that: "Title III of this
    Act [enacting this section and section 596 of this title] may be
    cited as the 'Land Acquisition Policy Act of 1960'."

-End-

-CITE-
    33 USC Sec. 598                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS

-HEAD-
    Sec. 598. Resettlement of displaced families, individuals, and
      business concerns

-STATUTE-
    (a) Acquisition of land; condemnation expenses; bond
      Whenever any State, or any agency or instrumentality of a State
    or local government, or any nonprofit incorporated body organized
    or chartered under the law of the State in which it is located, or
    any nonprofit association or combination of such bodies, agencies
    or instrumentalities, shall undertake to secure any lands or
    interests therein as a site for the resettlement of families,
    individuals, and business concerns displaced by a river and harbor
    improvement, flood control or other water resource project duly
    authorized by Congress, and when it has been determined by the
    Secretary of the Army that the State is unable to acquire necessary
    lands or interests in lands or is unable to acquire such lands or
    interests in lands with sufficient promptness, the Secretary, upon
    the request of the Governor of the State in which such site is
    located, and after consultation with appropriate Federal, State,
    interstate, regional, and local departments and agencies, is
    authorized, in the name of the United States and prior to the
    approval of title by the Attorney General, to acquire, enter upon,
    and take possession of such lands or interests in lands by
    purchase, donation, condemnation or otherwise in accordance with
    the laws of the United States (including sections 3114-3116 and
    3118 of title 40). All expenses of said acquisition and any award
    that may be made under a condemnation proceeding, including costs
    of examination and abstract of title, certificate of title,
    appraisal, advertising, and any fees incident to acquisition, shall
    be paid by such State or body, agency, or instrumentality. The
    State, agency, instrumentality, or nonprofit body may repay such
    amounts from any funds made available to it for such purposes by
    any Federal department, agency, or instrumentality (other than the
    Department of the Army) having authority to make funds available
    for such a purpose. Pending such payment, the Secretary may expend
    from any funds hereafter appropriated for the project occasioning
    such acquisition such sums as may be necessary to carry out this
    section. To secure payment, the Secretary may require any such
    State or agency, body, or instrumentality to execute a proper bond
    in such amount as he may deem necessary before acquisition is
    commenced. Any sums paid to the Secretary by any such State or
    agency, body or instrumentality shall be deposited in the Treasury
    to the credit of the appropriation for such project.
    (b) Acquisition provisions
      No acquisition shall be undertaken under the authority of this
    section unless the Secretary has determined, after consultation
    with appropriate Federal, State, and local governmental agencies
    that (1) the development of a site is necessary in order to
    alleviate hardships to displaced persons; (2) the location of the
    site is suitable for development in relation to present or
    potential sources of employment; and (3) a plan for development of
    the site has been approved by appropriate local governmental
    authorities in the area or community in which such site is located.
    (c) Conveyance to State, public or private nonprofit body
      The Secretary is further authorized and directed by proper deed,
    executed in the name of the United States, to convey any lands or
    interests in land acquired in any State under the provisions of
    this section, to the State, or such public or private nonprofit
    body, agency, or institution in the State as the Governor may
    prescribe, upon such terms and conditions as may be agreed upon by
    the Secretary, the Governor, and the agency to which the conveyance
    is to be made.

-SOURCE-
    (Pub. L. 90-483, title II, Sec. 209, Aug. 13, 1968, 82 Stat. 745.)

-COD-
                               CODIFICATION                           
      "Sections 3114-3116 and 3118 of title 40" substituted in subsec.
    (a) for "the Act of February 26, 1931 (46 Stat. 1421)" on authority
    of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the
    first section of which enacted Title 40, Public Buildings,
    Property, and Works.

-End-

-CITE-
    33 USC SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS      01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-
              SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS          

-End-

-CITE-
    33 USC Sec. 601                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-
    Sec. 601. Mississippi River; regulation of reservoirs at headwaters

-STATUTE-
      It shall be the duty of the Secretary of the Army to prescribe
    such rules and regulations in respect to the use and administration
    of the reservoirs at the headwaters of the Mississippi River as in
    his judgment the public interest and necessity may require; which
    rules and regulations shall be posted in some conspicuous place or
    places for the information of the public. And any person knowingly
    and willfully violating such rules and regulations shall be liable
    to a fine not exceeding $500, or imprisonment, not exceeding six
    months, the same to be enforced by prosecution in any district
    court of the United States within whose territorial jurisdiction
    such offense may have been committed. And the Secretary of the Army
    shall cause such gaugings to be made at or near Saint Paul during
    the annual operation of said reservoirs as shall determine
    accurately the discharge at that point, the cost of same to be paid
    out of the annual appropriation for gauging the waters of the
    Mississippi River and its tributaries.

-SOURCE-
    (Aug. 11, 1888, ch. 860, Sec. 1, 25 Stat. 419; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-
                               CODIFICATION                           
      Section is from act Aug. 11, 1888, the River and Harbor
    Appropriation Act of 1888.
      In the original text the words "said reservoirs" appeared instead
    of "reservoirs at the headwaters of the Mississippi river." The
    provision from which this section is derived, however, followed an
    appropriation "for continuing operations upon the reservoirs at the
    headwaters of the Mississippi river."

-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. 602                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-
    Sec. 602. Maintenance of channel of South Pass of Mississippi River

-STATUTE-
      Upon the termination of the contract entered into with the late
    James B. Eads for the maintenance of the channel through the South
    Pass of the Mississippi River, the Secretary of the Army is
    directed to take charge of said channel, including the jetties, and
    all auxiliary works connected therewith, and thereafter to maintain
    with the utmost efficiency said South Pass Channel; and for that
    purpose he is authorized to draw his warrants from time to time on
    the Treasurer of the United States, until otherwise provided for by
    law, for such sums of money as may be necessary, not to exceed in
    the aggregate for any one year $100,000. For that purpose any
    available Government dredge may be used.
      For the purpose of securing the uninterrupted examinations and
    surveys of the South Pass of the Mississippi River, the Secretary
    of the Army, upon the application of the Chief of Engineers, is
    authorized to draw his warrant or requisition from time to time
    upon the Secretary of the Treasury for such sums as may be
    necessary to do such work, not to exceed in the aggregate for each
    year the sum of $10,000.

-SOURCE-
    (Aug. 11, 1888, ch. 860, Secs. 1, 4, 25 Stat. 422, 424; June 6,
    1900, ch. 790, Sec. 3, 31 Stat. 584; June 13, 1902, ch. 1079, Sec.
    1, 32 Stat. 340; July 26, 1947, ch. 343, title II, Sec. 205(a), 61
    Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15), 68 Stat. 967.)

-COD-
                               CODIFICATION                           
      Except for the last sentence, the first paragraph of this section
    was from a part of section 3 of act June 6, 1900. The omitted
    portion of the original text authorized the Secretary of War, in
    his discretion, to terminate the contract with James B. Eads and
    provided that the Secretary of War should take charge of the
    channel "in case of the termination of said contract, by virtue of
    the provisions hereof or by expiration of said contract."
      The last sentence of the first paragraph of this section was from
    a provision of section 1 of act June 13, 1902. Further provisions
    of the original text, for the purchase of lands and buildings on
    either side of the South Pass, were temporary merely and are
    omitted. The original text provided for the use of "the dredge boat
    Beta, or any other available government dredge."
      The second paragraph of this section was from section 4 of act
    Aug. 11, 1888. In the original text, following the words
    "Mississippi river," the following words appeared: "As provided for
    in the Act of Mar. third, eighteen hundred and seventy-five."
      The words "the sum of $10,000," are substituted for "the amount
    appropriated in this act for such purpose." $10,000 was the amount
    appropriated for such purpose by section 1 of act June 13, 1902.
      Act Mar. 3, 1875, ch. 134, mentioned in the original text,
    provided in section 4 et seq., 18 Stat. 463 to 466, for a contract
    with James B. Eads and others to construct jetties, etc., to
    maintain the channel at the South Pass.
      The provisions of that act and of act Aug. 11, 1888, with regard
    to examinations and surveys at the South Pass, remained in force
    notwithstanding the termination of said contract, by a provision of
    act June 13, 1902.

-MISC1-
                                AMENDMENTS                            
      1954 - Act Aug. 30, 1954, repealed proviso requiring that an
    itemized statement of expenses incurred for maintenance of the
    channel through, and securing uninterrupted examinations and
    surveys of, the South Pass of the Mississippi River, as provided in
    this section, should accompany the annual report of the Chief of
    Engineers.

-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-
                              APPROPRIATIONS                          
      Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was
    classified to section 725a of former Title 31, Money and Finance,
    repealed the permanent appropriation under the titles "Maintenance
    of channel, South Pass, Mississippi River (fiscal year) (8-961.55)"
    and "Examinations and surveys at South Pass, Mississippi River
    (fiscal year) (8-961.53)" effective July 1, 1935, and provided that
    such portions of any Acts as make permanent appropriations to be
    expended under such accounts are amended so as to authorize, in
    lieu thereof, annual appropriations from the general fund of the
    Treasury in identical terms and in such amounts as now provided by
    the laws providing such permanent appropriations.

-End-

-CITE-
    33 USC Sec. 603                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-
    Sec. 603. Repealed.

-MISC1-
    Sec. 603. Repealed. Mar. 2, 1945, ch. 19, Sec. 3, 59 Stat. 23.
      Section, acts July 25, 1912, ch. 253, Sec. 1, 37 Stat. 222; July
    3, 1930, ch. 847, Sec. 3, 46 Stat. 946; Oct. 17, 1940, ch. 895,
    Sec. 3, 54 Stat. 1200, related to removal of temporary obstructions
    and to minor improvements in navigable waters. See section 603a of
    this title.

-End-

-CITE-
    33 USC Sec. 603a                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-
    Sec. 603a. Removal of snags and debris, and straightening,
      clearing, and protecting channels in navigable waters

-STATUTE-
      The Secretary of the Army is authorized to allot not to exceed
    $1,000,000 from any appropriations made prior to or after March 2,
    1945, for any one fiscal year for improvement of rivers and
    harbors, for removing accumulated snags and other debris, and for
    protecting, clearing, and straightening channels in navigable
    harbors and navigable streams and tributaries thereof, when in the
    opinion of the Chief of Engineers such work is advisable in the
    interest of navigation or flood control.

-SOURCE-
    (Mar. 2, 1945, ch. 19, Sec. 3, 59 Stat. 23; July 26, 1947, ch. 343,
    title II, Sec. 205(a), 61 Stat. 501; Pub. L. 99-662, title IX, Sec.
    915(g), Nov. 17, 1986, 100 Stat. 4191.)

-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-662 substituted "$1,000,000" for "$300,000".

-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-
                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-662 not applicable to any project under
    contract for construction on Nov. 17, 1986, see section 915(i) of
    Pub. L. 99-662, set out as a note under section 426g of this title.

-End-

-CITE-
    33 USC Sec. 604                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-
    Sec. 604. Removal of snags, etc., from Mississippi River

-STATUTE-
      For the purpose of removing snags, wrecks, and other obstructions
    in the Mississippi River, the Atchafalaya and Old Rivers from the
    junction with the Mississippi and Red Rivers down the Atchafalaya
    River as far down as Melville, Louisiana, the Secretary of the
    Army, upon the application of the Chief of Engineers, is authorized
    to draw his warrant or requisition from time to time upon the
    Secretary of the Treasury for such sums as may be necessary to do
    such work, not to exceed in the aggregate for each year the sum of
    $100,000.

-SOURCE-
    (Aug. 11, 1888, ch. 860, Secs. 1, 7, 25 Stat. 421, 424; Mar. 3,
    1909, ch. 264, Sec. 3, 35 Stat. 817; July 26, 1947, ch. 343, title
    II, Sec. 205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15),
    68 Stat. 967.)

-COD-
                               CODIFICATION                           
      Section is from the Rivers and Harbors Appropriation Act of 1888,
    act Aug. 11, 1888, as affected by act Mar. 3, 1909.
      Act Mar. 3, 1909, made the provisions of act Aug. 11, 1888, for
    the removal of snags applicable to "the Atchafalaya and Old Rivers
    from the junction with the Mississippi and Red Rivers down the
    Atchafalaya River as far as Melville, Louisiana."
      Section 7 of act Aug. 11, 1888, provided for "securing the
    uninterrupted work of operating snag boats on the upper Mississippi
    River" as well as for the removal of snags. The provision for
    operating snag boats is set out as section 605 of this title.
      The words "the sum of $100,000" are substituted for "the amounts
    appropriated in this act for such purposes." An appropriation of
    $100,000 for removal of snags is contained in section 1 of the act.

-MISC1-
                                AMENDMENTS                            
      1954 - Act Aug. 30, 1954, repealed proviso requiring that an
    itemized statement of expenses incurred in the removal of snags,
    etc., as provided in this section, should accompany the annual
    report of the Chief of Engineers.

-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-
                              APPROPRIATIONS                          
      Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was
    classified to section 725a of former Title 31, Money and Finance,
    repealed the permanent appropriation under the title "Removing
    obstructions in Mississippi, Atchafalaya, and Old Rivers (fiscal
    year) (8-961.58)" effective July 1, 1935, and provided that such
    portions of any Acts as make permanent appropriations to be
    expended under such account are amended so as to authorize, in lieu
    thereof, annual appropriations from the general fund of the
    Treasury in identical terms and in such amounts as now provided by
    the laws providing such permanent appropriations.

-End-

-CITE-
    33 USC Sec. 605                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-
    Sec. 605. Operation of snag boats on Upper Mississippi River

-STATUTE-
      For the purpose of securing the uninterrupted work of operating
    snag boats on the Upper Mississippi River, the Illinois River, from
    its mouth to Copperas Creek, and the Minnesota River and other
    tributaries of the Upper Mississippi River improved by the United
    States, the Secretary of the Army, upon the application of the
    Chief of Engineers, is authorized to draw his warrant or
    requisition from time to time upon the Secretary of the Treasury
    for such sums as may be necessary to do such work, not to exceed in
    the aggregate for each year the sum of $25,000.

-SOURCE-
    (Aug. 11, 1888, ch. 860, Secs. 1, 7, 25 Stat. 420, 421, 424; Mar.
    2, 1907, ch. 2509, Sec. 1, 34 Stat. 1102; Mar. 3, 1909, ch. 264,
    Sec. 3, 35 Stat. 817; July 26, 1947, ch. 343, title II, Sec.
    205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15), 68 Stat.
    967.)

-COD-
                               CODIFICATION                           
      Section is from act, Aug. 11, 1888, as affected by acts Mar. 2,
    1907, and Mar. 3, 1909.
      Section 7 of act Aug. 11, 1888, also provided for the removal of
    snags from the Mississippi River. (See section 604 of this title.)
      The words "the sum of $25,000," are substituted for "the amounts
    appropriated in this act for such purposes." An appropriation of
    $25,000 for operating snag boats was made in section 1 of the act.
      Act Mar. 2, 1907, made the provisions of the earlier Act
    concerning snag boats applicable to the Illinois river from its
    mouth to Copperas Creek.
      Act Mar. 3, 1909, made such provisions applicable to "the
    Minnesota river and other tributaries of the upper Mississippi
    River now or heretofore improved by the United States."

-MISC1-
                                AMENDMENTS                            
      1954 - Act Aug. 30, 1954, repealed proviso requiring that an
    itemized statement of expenses incurred in operation of snag boats
    on the Upper Mississippi River, etc., as provided in this section,
    should accompany the annual report of the Chief of Engineers.

-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-
                              APPROPRIATIONS                          
      Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was
    classified to section 725a of former Title 31, Money and Finance,
    repealed the permanent appropriation under the title "Operating
    snag and dredge boats on upper Mississippi, Illinois, and Minnesota
    Rivers (fiscal year) (8-962.60)" effective July 1, 1935, and
    provided that such portions of any Acts as make permanent
    appropriations to be expended under such account are amended so as
    to authorize, in lieu thereof, annual appropriations from the
    general fund of the Treasury in identical terms and in such amounts
    as now provided by the laws providing such permanent
    appropriations.

-End-

-CITE-
    33 USC Sec. 606                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-
    Sec. 606. Removal of snags, and so forth, from Ohio River

-STATUTE-
      For the purpose of securing the uninterrupted work of operating
    snag boats on the Ohio River and removing snags, wrecks, and other
    obstructions in said river, the Secretary of the Army, upon the
    application of the Chief of Engineers, is authorized to draw his
    warrant or requisition from time to time upon the Secretary of the
    Treasury for such sums as may be necessary to do such work, not to
    exceed in the aggregate for each year the sum of $50,000.

-SOURCE-
    (Sept. 19, 1890, ch. 907, Sec. 13, 26 Stat. 455; June 3, 1896, ch.
    314, Sec. 3, 29 Stat. 234; July 26, 1947, ch. 343, title II, Sec.
    205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15), 68 Stat.
    967.)

-COD-
                               CODIFICATION                           
      Section is from the Rivers and Harbors Appropriation Act of 1890,
    act Sept. 19, 1890, as amended by act June 3, 1896.
      The section, as originally enacted, limited the amount to be
    drawn for the work, by the words "not to exceed in the aggregate
    for each year the sum of twenty-five thousand dollars." It was
    amended by act June 3, 1896 by inserting the words "fifty thousand
    dollars" for the words "twenty-five thousand dollars" therein.

-MISC1-
                                AMENDMENTS                            
      1954 - Act Aug. 30, 1954, repealed proviso requiring that an
    itemized statement of expenses incurred in removing snags, etc.,
    from the Ohio River, as provided in this section, should accompany
    the annual report of the Chief of Engineers.

-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-
                              APPROPRIATIONS                          
      Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was
    classified to section 725a of former Title 31, Money and Finance,
    repealed the permanent appropriation under the title "Operating
    snag boats on the Ohio River (fiscal year) (8-962.51)" effective
    July 1, 1935, and provided that such portions of any Acts as make
    permanent appropriations to be expended under such account are
    amended so as to authorize, in lieu thereof, annual appropriations
    from the general fund of the Treasury in identical terms and in
    such amounts as now provided by the laws providing such permanent
    appropriations.

-End-

-CITE-
    33 USC Sec. 607                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-
    Sec. 607. Removal of drift from New York Harbor

-STATUTE-
      So much as may be necessary of any appropriations made for
    specific portions of New York Harbor and its immediate tributaries
    may be allotted by the Secretary of the Army for the maintenance of
    these waterways by the collection and removal of drift.

-SOURCE-
    (Aug. 8, 1917, ch. 49, Sec. 1, 40 Stat. 252; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-
                               CODIFICATION                           
      Section is from act Aug. 8, 1917, the Rivers and Harbors
    Appropriation Act of 1917.

-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. 607a                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-
    Sec. 607a. Appropriations; separate project

-STATUTE-
      On and after July 3, 1930, direct allotments from appropriations
    for maintenance and improvement of existing river and harbor works
    or other available appropriation may be made by the Secretary of
    the Army for the collection and removal of drift in New York Harbor
    and its tributary waters, and this work on and after July 3, 1930,
    shall be carried as a separate and distinct project.

-SOURCE-
    (July 3, 1930, ch. 847, Sec. 6, 46 Stat. 947; 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. 608                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-
    Sec. 608. Construction of fishways

-STATUTE-
      Whenever river and harbor improvements shall be found to operate
    (whether by lock and dam or otherwise), as obstructions to the
    passage of fish, the Secretary of the Army may, in his discretion,
    direct and cause to be constructed practical and sufficient
    fishways, to be paid for out of the general appropriations for the
    streams on which such fishways may be constructed.

-SOURCE-
    (Aug. 11, 1888, ch. 860, Sec. 11, 25 Stat. 425; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-
                               CODIFICATION                           
      Section is from act Aug. 11, 1888, the Rivers and Harbors
    Appropriation Act of 1888.

-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. 609                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-
    Sec. 609. Sluices and other work in dams for development of water
      power

-STATUTE-
      In order to make possible the economical future development of
    water power, the Secretary of the Army, upon recommendation of the
    Chief of Engineers, is authorized, in his discretion, to provide in
    the permanent parts of any dam authorized at any time by Congress
    for the improvement of navigation such foundations, sluices, and
    other works, as may be considered desirable for the future
    development of its water power.

-SOURCE-
    (July 25, 1912, ch. 253, Sec. 12, 37 Stat. 233; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-
                               CODIFICATION                           
      Section is from act July 25, 1912, the Rivers and Harbors
    Appropriation Act of 1912.

-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. 610                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS

-HEAD-
    Sec. 610. Control of aquatic plant growths

-STATUTE-
    (a) In general
      There is hereby authorized a comprehensive program to provide for
    control and progressive eradication of noxious aquatic plant
    growths from the navigable waters, tributary streams, connecting
    channels, and other allied waters of the United States, in the
    combined interest of navigation, flood control, drainage,
    agriculture, fish and wildlife conservation, public health, and
    related purposes, including continued research for development of
    the most effective and economic control measures, to be
    administered by the Chief of Engineers, under the direction of the
    Secretary of the Army, in cooperation with other Federal and State
    agencies. Local interests shall agree to hold and save the United
    States free from claims that may occur from control operations and
    to participate to the extent of 30 per centum of the cost of such
    operations. Costs for research and planning undertaken pursuant to
    the authorities of this section shall be borne fully by the Federal
    Government.
    (b) Appropriations
      There are authorized to be appropriated such amounts, not in
    excess of $15,000,000 annually, as may be necessary to carry out
    the provisions of this section. Any such funds employed for control
    operations shall be allocated by the Chief of Engineers on a
    priority basis, based upon the urgency and need of each area, and
    the availability of local funds.
    (c) Support
      In carrying out the program under this section, the Secretary is
    encouraged to use contracts, cooperative agreements, and grants
    with colleges and universities and other non-Federal entities.

-SOURCE-
    (Pub. L. 85-500, title I, Sec. 104, July 3, 1958, 72 Stat. 300;
    Pub. L. 89-298, title III, Sec. 302, Oct. 27, 1965, 79 Stat. 1092;
    Pub. L. 98-63, title I, Sec. 101, July 30, 1983, 97 Stat. 313; Pub.
    L. 99-662, title IX, Sec. 941, Nov. 17, 1986, 100 Stat. 4199; Pub.
    L. 104-303, title II, Sec. 225, Oct. 12, 1996, 110 Stat. 3697; Pub.
    L. 106-53, title II, Sec. 205, Aug. 17, 1999, 113 Stat. 285.)

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (a). Pub. L. 106-53, Sec. 205(1), substituted
    "noxious aquatic plant growths from" for "water-hyacinth,
    alligatorweed, Eurasian water milfoil, melaleuca, and other
    obnoxious aquatic plant growths, from" in first sentence.
      Subsec. (b). Pub. L. 106-53, Sec. 205(2), substituted
    "$15,000,000" for "$12,000,000" in first sentence.
      Subsec. (c). Pub. L. 106-53, Sec. 205(3), added subsec. (c).
      1996 - Subsec. (a). Pub. L. 104-303 inserted "melaleuca," after
    "milfoil,".
      1986 - Subsec. (b). Pub. L. 99-662 substituted "$12,000,000" for
    "$10,000,000".
      1983 - Subsec. (b). Pub. L. 98-63 substituted "$10,000,000" for
    "$5,000,000".
      1965 - Subsec. (a). Pub. L. 89-298 designated part of existing
    provisions as subsec. (a), substituting "comprehensive program" and
    "other allied waters of the United States" for "comprehensive
    project" and "other allied waters in the States of North Carolina,
    South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana,
    and Texas", respectively, providing for control and eradication of
    Eurasian water milfoil, and striking out "in accordance with the
    report of the Chief of Engineers, published as House Document
    Numbered 37, Eighty-fifth Congress" after "Federal and State
    agencies".
      Subsec. (b). Pub. L. 89-298 designated part of existing
    provisions as subsec. (b), substituting the appropriations
    authorization of $5,000,000 annually as first sentence for former
    provisions which authorized "an estimated additional cost for the
    expanded program over that now underway of $1,350,000 annually for
    five years, of which 70 per centum, presently estimated at
    $945,000, shall be borne by the United States and 30 per centum,
    presently estimated at $405,000, by local interests" and
    incorporating former second proviso in second sentence.

-End-

-CITE-
    33 USC SUBCHAPTER V - PROSECUTION OF WORK GENERALLY         01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-
               SUBCHAPTER V - PROSECUTION OF WORK GENERALLY           

-End-

-CITE-
    33 USC Sec. 621                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-
    Sec. 621. By what methods river and harbor work may be authorized
      to be prosecuted

-STATUTE-
      Any public work on canals, rivers, and harbors adopted by
    Congress may be prosecuted by direct appropriations, by continuing
    contracts, or by both direct appropriations and continuing
    contracts.

-SOURCE-
    (Sept. 22, 1922, ch. 427, Sec. 10, 42 Stat. 1043.)

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

-End-

-CITE-
    33 USC Sec. 622                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-
    Sec. 622. Contracts, etc., with private industry for implementation
      of projects for improvements and dredging; reduction of federally
      owned fleet

-STATUTE-
    (a) Contracts for dredging and related work
      The Secretary of the Army, acting through the Chief of Engineers
    (hereinafter referred to as the "Secretary"), in carrying out
    projects for improvement of rivers and harbors (other than surveys,
    estimates, and gagings) shall, by contract or otherwise, carry out
    such work in the manner most economical and advantageous to the
    United States. The Secretary shall have dredging and related work
    done by contract if he determines private industry has the
    capability to do such work and it can be done at reasonable prices
    and in a timely manner. During the four-year period which begins on
    April 26, 1978, the Secretary may limit the application of the
    second sentence of this subsection for work for which the federally
    owned fleet is available to achieve an orderly transition to full
    implementation of this subsection.
    (b) Reduction of federally owned fleet
      As private industry reasonably demonstrates its capability under
    subsection (a) of this section to perform the work done by the
    federally owned fleet, at reasonable prices and in a timely manner,
    the federally owned fleet shall be reduced in an orderly manner, as
    determined by the Secretary, by retirement of plant. To carry out
    emergency and national defense work the Secretary shall retain only
    the minimum federally owned fleet capable of performing such work
    and he may exempt from the provisions of this section such amount
    of work as he determines to be reasonably necessary to keep such
    fleet fully operational, as determined by the Secretary, after the
    minimum fleet requirements have been determined. Notwithstanding
    the preceding sentence, in carrying out the reduction of the
    federally owned fleet, the Secretary may retain so much of the
    federally owned fleet as he determines necessary, for so long as he
    determines necessary, to insure the capability of the Federal
    Government and private industry together to carry out projects for
    improvements of rivers and harbors. For the purpose of making the
    determination required by the preceding sentence the Secretary
    shall not exempt any work from the requirements of this section.
    The minimum federally owned fleet shall be maintained to
    technologically modern and efficient standards, including
    replacement as necessary. The Secretary is authorized and directed
    to undertake a study to determine the minimum federally owned fleet
    required to perform emergency and national defense work. The study,
    which shall be submitted to Congress within two years after April
    26, 1978, shall also include preservation of employee rights of
    persons presently employed on the existing federally owned fleet.
    (c) Program to increase use of private hopper dredges
      (1) Initiation
        The Secretary shall initiate a program to increase the use of
      private-industry hopper dredges for the construction and
      maintenance of Federal navigation channels.
      (2) Ready reserve status for hopper dredge Wheeler
        In order to carry out this subsection, the Secretary shall
      place the Federal hopper dredge Wheeler in a ready reserve status
      not later than the earlier of 90 days after the date of
      completion of the rehabilitation of the hopper dredge McFarland
      pursuant to section 563 of the Water Resources Development Act of
      1996 or October 1, 1997.
      (3) Testing and use of ready reserve hopper dredge
        The Secretary may periodically perform routine tests of the
      equipment of the vessel placed in a ready reserve status under
      paragraph (2) to ensure the vessel's ability to perform emergency
      work. The Secretary shall not assign any scheduled hopper
      dredging work to such vessel but shall perform any repairs needed
      to maintain the vessel in a fully operational condition. The
      Secretary may place the vessel in active status in order to
      perform any dredging work only if the Secretary determines that
      private industry has failed to submit a responsive and
      responsible bid for work advertised by the Secretary or to carry
      out the project as required pursuant to a contract with the
      Secretary.
      (4) Repair and rehabilitation
        The Secretary may undertake any repair and rehabilitation of
      any Federal hopper dredge, including the vessel placed in ready
      reserve status under paragraph (2) to allow the vessel to be
      placed in active status as provided in paragraph (3).
      (5) Procedures
        The Secretary shall develop and implement procedures to ensure
      that, to the maximum extent practicable, private industry hopper
      dredge capacity is available to meet both routine and time-
      sensitive dredging needs. Such procedures shall include - 
          (A) scheduling of contract solicitations to effectively
        distribute dredging work throughout the dredging season; and
          (B) use of expedited contracting procedures to allow dredges
        performing routine work to be made available to meet time-
        sensitive, urgent, or emergency dredging needs.
      (6) Report
        Not later than 2 years after October 12, 1996, the Secretary
      shall report to Congress on whether the vessel placed in ready
      reserve status under paragraph (2) is needed to be returned to
      active status or continued in a ready reserve status or whether
      another Federal hopper dredge should be placed in a ready reserve
      status.
      (7) Limitations
        (A) Reductions in status
          The Secretary may not further reduce the readiness status of
        any Federal hopper dredge below a ready reserve status except
        any vessel placed in such status for not less than 5 years that
        the Secretary determines has not been used sufficiently to
        justify retaining the vessel in such status.
        (B) Increase in assignments of dredging work
          For each fiscal year beginning after October 12, 1996, the
        Secretary shall not assign any greater quantity of dredging
        work to any Federal hopper dredge in active status than was
        assigned to that vessel in the average of the 3 prior fiscal
        years.
        (C) Remaining dredges
          In carrying out the program under this section, the Secretary
        shall not reduce the availability and utilization of Federal
        hopper dredge vessels stationed on the Pacific and Atlantic
        coasts below that which occurred in fiscal year 1996 to meet
        the navigation dredging needs of the ports on those coasts.
      (8) Contracts; payment of capital costs
        The Secretary may enter into a contract for the maintenance and
      crewing of any Federal hopper dredge retained in a ready reserve
      status. The capital costs (including depreciation costs) of any
      dredge retained in such status shall be paid for out of funds
      made available from the Harbor Maintenance Trust Fund and shall
      not be charged against the Corps of Engineers' Revolving Fund
      Account or any individual project cost unless the dredge is
      specifically used in connection with that project.

-SOURCE-
    (Aug. 11, 1888, ch. 860, Sec. 3, 25 Stat. 423; July 25, 1912, ch.
    253, Sec. 1, 37 Stat. 222; Mar. 2, 1919, ch. 95, Sec. 3, 40 Stat.
    1287; Pub. L. 95-269, Sec. 1, Apr. 26, 1978, 92 Stat. 218; Pub. L.
    104-303, title II, Sec. 237, Oct. 12, 1996, 110 Stat. 3705.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 563 of the Water Resources Development Act of 1996,
    referred to in subsec. (c)(2), is section 563 of Pub. L. 104-303,
    Oct. 12, 1996, 110 Stat. 3784, which is not classified to the Code.

-COD-
                               CODIFICATION                           
      Prior to the general amendment by Pub. L. 95-269, this section
    was a composite of several Acts as follows:
      The first sentence was from a part of section 3 of Act of Aug.
    11, 1888, the Rivers and Harbors Appropriation Act of 1888. The
    remainder of section 3 was classified to section 623 of this title.
      The second sentence, which provided that all improvement works
    authorized by contract may, in the discretion of the Secretary of
    War [now Army], be carried on by contract or otherwise, as may be
    most economical or advantageous to the United States, was from
    section 1 of the Act of July 25, 1912, the Rivers and Harbors
    Appropriation Act of 1912. Previous similar provisions were
    contained in Acts Mar. 2, 1907, ch. 2509, Sec. 1, 34 Stat. 1110;
    Feb. 27, 1911, ch. 166, Sec. 1, 36 Stat. 952.
      The third sentence, which provided that in all cases where the
    project for a work of river or harbor improvement provides for the
    construction or use of Government dredging plant, the Secretary of
    War [now Army] may, in his discretion, have the work done by
    contract if reasonable prices can be obtained, was from section 3
    of the Act of Mar. 2, 1919, the Rivers and Harbors Appropriation
    Act of 1919, which superseded a somewhat similar provision in
    section 3 of the Act of Aug. 8, 1917, ch. 49, 40 Stat. 261. Section
    1 of the 1917 Act, 40 Stat. 255, provided in part that "the work
    proposed under the project adopted by the river and harbor Act
    approved July twenty-fifth, nineteen hundred and twelve, may be
    done by contract if reasonable prices can be obtained".

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c). Pub. L. 104-303 added subsec. (c).
      1978 - Pub. L. 95-269 designated existing provision as subsec.
    (a), substituted provisions relating to authority of Secretary of
    the Army, acting through the Chief of Engineers, to implement
    improvement projects by contract or otherwise and dredging and
    related work by contract with private industry, for provisions
    relating to authority of the Secretary of the Army to apply moneys
    appropriated for improvements by contract or otherwise and for
    construction or use of a Government dredging plant by contract, and
    added subsec. (b).

-End-

-CITE-
    33 USC Sec. 623                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-
    Sec. 623. Repealed.

-MISC1-
    Sec. 623. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(57), 65 Stat.
      703.
      Section, act Aug. 11, 1888, ch. 860, Sec. 3, 25 Stat. 423,
    related to letting of contracts to lowest responsible bidder.

-End-

-CITE-
    33 USC Sec. 624                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-
    Sec. 624. Limitation on improvement work by private contract

-STATUTE-
    (a) Determinations respecting comparison of private contract price
      with estimation of cost of performance of work by Government
      plant or by well-equipped contractor
      No works of river and harbor improvement shall be done by private
    contract - 
        (1) if the Secretary of the Army, acting through the Chief of
      Engineers, determines that Government plant is reasonably
      available to perform the subject work and the contract price for
      doing the work is more than 25 per centum in excess of the
      estimated comparable cost of doing the work by Government plant;
      or
        (2) in any other circumstance where the Secretary of the Army,
      acting through the Chief of Engineers, determines that the
      contract price is more than 25 per centum in excess of what he
      determines to be a fair and reasonable estimated cost of a well-
      equipped contractor doing the work.
    (b) Considerations involved in determinations of estimation of cost
      of performance of work by Government plant
      In estimating the comparable cost of doing the work under
    subsection (a)(1) of this section by Government plant the Secretary
    of the Army, acting through the Chief of Engineers shall, in
    addition to the cost of labor and materials, take into account
    proper charges for depreciation of plant, all supervising and
    overhead expenses, interest on the capital invested in the
    Government plant (but the rate of interest shall not exceed the
    maximum prevailing rate being paid by the United States on current
    issues of bonds or other evidences of indebtedness) and such other
    Government expenses and charges as the Chief of Engineers
    determines to be appropriate.
    (c) Considerations involved in determinations of estimation of cost
      of performance of work by well-equipped contractor
      In determining a fair and reasonable estimated cost of doing work
    by private contract under subsection (a)(2) of this section, the
    Secretary of the Army, acting through the Chief of Engineers,
    shall, in addition to the cost of labor and materials, take into
    account proper charges for depreciation of plant, all expenses for
    supervision, overhead, workmen's compensation, general liability
    insurance, taxes (State and local), interest on capital invested in
    plant, and such other expenses and charges the Secretary of the
    Army, acting through the Chief of Engineers, determines to be
    appropriate.

-SOURCE-
    (Mar. 2, 1919, ch. 95, Sec. 8, 40 Stat. 1290; Pub. L. 95-269, Sec.
    2, Apr. 26, 1978, 92 Stat. 219.)

-COD-
                               CODIFICATION                           
      Section is from the Rivers and Harbors Appropriation Act of 1919.

-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-269 designated existing provision as subsec.
    (a), substituted provisions relating to determinations by the
    Secretary of the Army, acting through the Chief of Engineers,
    respecting contract prices for performance of works of river and
    harbor improvement by a Government plant or by a well-equipped
    contractor as a limitation on performance of the work by private
    contract, for provisions relating to limitation on use of funds for
    works of river and harbor improvement pursuant to private contract
    based on estimation of cost for performance of work by Government
    plant and factors constituting cost estimation, and added subsecs.
    (b) and (c).

                     COMPENSATION FOR INCREASED COSTS                 
      Provision for payment to contractors to compensate for loss
    occasioned by increased cost of materials during the war with
    Germany was made by section 10 of act Mar. 2, 1919, and act June 5,
    1920, ch. 252, Sec. 5, 41 Stat. 1014.

                       REPEAL OF LIMITATION ON COSTS                   
      A provision for limitation on the costs of projects made by
    section 1 of act Mar. 2, 1919, was repealed by act June 5, 1920,
    ch. 252, Sec. 3, 41 Stat. 1013.

-End-

-CITE-
    33 USC Sec. 625                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-
    Sec. 625. Repealed.

-MISC1-
    Sec. 625. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(58), 65 Stat.
      703.
      Section, acts Sept. 19, 1890, ch. 907, Sec. 2, 26 Stat. 452; July
    25, 1912, ch. 253, Sec. 8, 37 Stat. 233, related to combining
    several projects in one contract.

-End-

-CITE-
    33 USC Sec. 626                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-
    Sec. 626. Prosecution of work when appropriation insufficient

-STATUTE-
      Whenever the appropriations made, or authorized to be made, for
    the completion of any river and harbor work shall prove
    insufficient therefor, the Secretary of the Army may, in his
    discretion, on the recommendation of the Chief of Engineers, apply
    the funds so appropriated or authorized to the prosecution of such
    work.

-SOURCE-
    (July 25, 1912, ch. 253, Sec. 8, 37 Stat. 233; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-
                               CODIFICATION                           
      Section is from part of section 8 of the Rivers and Harbors
    Appropriation Act of 1912. The omitted part of such section 8 was
    set out in section 625 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-
                            SIMILAR PROVISIONS                        
      A similar provision was contained in act Mar. 2, 1907, ch. 2509,
    Sec. 1, 34 Stat. 1073.

-End-

-CITE-
    33 USC Sec. 627                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-
    Sec. 627. Application of appropriation when separate works are
      included therein

-STATUTE-
      Where separate works or items are consolidated in River and
    Harbor Acts and an aggregate amount is appropriated therefor, any
    balances remaining to the credit of the separate works or items may
    be transferred to the credit of the corresponding aggregate amounts
    appropriated for the consolidated items, and the amounts
    appropriated or transferred shall, unless otherwise expressed, be
    expended in securing maintenance and improvement according to the
    respective projects adopted by Congress, after giving due regard to
    the respective needs of traffic. The allotments to the respective
    works consolidated shall be made by the Secretary of the Army upon
    recommendations by the Chief of Engineers. In case such works or
    items are consolidated and separate amounts are given with each
    project, the amounts so named shall be expended upon such separate
    projects unless, in the discretion of the Secretary of the Army,
    another allotment or division should be made of the same. Any
    balances remaining to the credit of the consolidated items shall be
    carried to the credit of the respective aggregate amounts
    appropriated for the consolidated items.

-SOURCE-
    (Mar. 4, 1915, ch. 142, Sec. 3, 38 Stat. 1052; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-
                               CODIFICATION                           
      Section is from the Rivers and Harbors Appropriation Act of 1915.

-MISC1-
                             PRIOR PROVISIONS                         
      Section 3 of act Mar. 4, 1915, superseded act Mar. 4, 1913, ch.
    144, Sec. 7, 37 Stat. 827, which read as follows:
      "Where separate works or items are consolidated in this or
    subsequent river and harbor Acts and an aggregate amount is
    appropriated therefor the amounts appropriated shall, unless
    otherwise expressed, be expended in securing maintenance and
    improvement according to the respective projects adopted by
    Congress, after giving due regard to the respective needs of
    traffic. The allotments to the respective works consolidated shall
    be made by the Secretary of War upon recommendations by the Chief
    of Engineers. In case such works or items are consolidated and
    separate amounts are given with each project, the amounts so named
    shall be expended upon such separate projects unless, in the
    discretion of the Secretary of War, another allotment or division
    should be made of the same. Any balances remaining to the credit of
    the consolidated items shall be carried to the credit of the
    respective aggregate amounts appropriated for the consolidated
    items."

-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-
                            SIMILAR PROVISIONS                        
      The Rivers and Harbors Appropriation Act, Mar. 2, 1919, ch. 95,
    Sec. 2, 40 Stat. 1287, contained the following provision: "Where
    separate works or items are consolidated herein and an aggregate
    amount is appropriated therefor, the amount so appropriated shall,
    unless otherwise expressed, be expended in securing the maintenance
    and improvement according to the respective projects adopted by
    Congress after giving due regard to the respective needs of
    traffic. The allotments to the respective works so consolidated
    shall be made by the Chief of Engineers as authorized by the
    Secretary of War. In case such works or items are consolidated and
    separate amounts are given to individual projects the amounts so
    named shall be expended upon such separate projects. Any balances
    remaining to the credit of the consolidated items shall be carried
    to the credit of the respective aggregate amounts appropriated for
    the consolidated items."
      Similar provisions were contained in act July 18, 1918, ch. 155,
    Sec. 2, 40 Stat. 910.

-End-

-CITE-
    33 USC Sec. 628                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-
    Sec. 628. Expenditure for dredging within harbor lines

-STATUTE-
      No money appropriated for the improvement of rivers and harbors
    shall be expended for dredging inside of harbor lines duly
    established.

-SOURCE-
    (July 13, 1892, ch. 158, Sec. 5, 27 Stat. 111.)

-COD-
                               CODIFICATION                           
      Section is from the Rivers and Harbors Appropriation Act of 1892.

-End-

-CITE-
    33 USC Sec. 629                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-
    Sec. 629. Contract for hire of dredging plant

-STATUTE-
      Whenever it shall become, in the opinion of the Secretary of the
    Army, necessary or desirable to hire a dredging plant or plants for
    the performance of any of the public work carried on under his
    direction the said Secretary may, in his discretion, agree for the
    same, either in the manner customary on March 2, 1907, or on the
    basis of an equitable reimbursement for deterioration of plant when
    in use by the Government, and a reasonable percentage of the total
    cost of the work.

-SOURCE-
    (Mar. 2, 1907, ch. 2509, Sec. 5, 34 Stat. 1119; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-
                               CODIFICATION                           
      Section is from the Rivers and Harbors Appropriation Act of 1907.
      The part of the original text omitted here repealed act Apr. 28,
    1904, ch. 1761, Sec. 4, 33 Stat. 452.

-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. 630                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-
    Sec. 630. Limitation on expenditure for purchase of dredges

-STATUTE-
      No money authorized to be expended for the acquirement of any
    dredge or dredges shall be so expended for the purchase of any
    dredge or dredges from private contractors, which at the time of
    the proposed purchase can be manufactured at any navy yard or other
    government-owned factory for a sum less than it can be purchased
    for from such private contractor.

-SOURCE-
    (Sept. 22, 1922, ch. 427, Sec. 5, 42 Stat. 1042.)

-COD-
                               CODIFICATION                           
      Section is from part of section 5 of the Rivers and Harbors
    Appropriation Act for 1922.
      The omitted portion of that section authorized the construction
    of six seagoing hopper dredges and limited the cost of each to
    $750,000.

-End-

-CITE-
    33 USC Sec. 631                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-
    Sec. 631. Transfer of property between projects

-STATUTE-
      The Secretary of the Army may direct a temporary transfer of any
    property employed in the improvement of rivers and harbors
    whenever, in his judgment, such transfer would secure efficient or
    economical results, and such adjustment in the way of charges and
    credits shall be made between the projects affected as may be
    equitable.

-SOURCE-
    (June 13, 1902, ch. 1079, Sec. 5, 32 Stat. 373; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-
                               CODIFICATION                           
      Section is from part of section 5 of the Rivers and Harbors
    Appropriation Act of 1902.
      The omitted part of that section is set out as section 558 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. 632                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-
    Sec. 632. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 25, 1910, ch. 382, Sec. 5, 36 Stat. 676,
    provided that the requirements of R.S. Sec. 3744, section 16 of
    Title 41, Public Contracts, should not apply to the lease of
    certain property or hire of vessels for use in connection with
    river and harbor improvements where the period of the lease or hire
    did not exceed three months. R.S. Sec. 3744, which required
    contracts by the Secretaries of War, Navy, and Interior to be in
    writing and filed in the returns office of the Interior Department,
    was repealed by act Oct. 21, 1941, ch. 452, 55 Stat. 743.

-End-

-CITE-
    33 USC Sec. 633                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY
    SUBCHAPTER V - PROSECUTION OF WORK GENERALLY

-HEAD-
    Sec. 633. Protection, alteration, reconstruction, relocation, or
      replacement of structures and facilities; contract standards;
      reasonable costs

-STATUTE-
      Whenever, during the construction or reconstruction of any
    navigation, flood control, or related water development project
    under the direction of the Secretary of the Army, the Chief of
    Engineers determines that any structure or facility owned by an
    agency of government and utilized in the performance of a
    governmental function should be protected, altered, reconstructed,
    relocated, or replaced to meet the requirements of navigation or
    flood control, or both; or to preserve the safety or integrity of
    such facility when its safety or usefulness is determined by the
    Chief of Engineers to be adversely affected or threatened by the
    project, the Chief of Engineers may, if he deems such action to be
    in the public interest, enter into a contract providing for (1) the
    payment from appropriations made for the construction or
    maintenance of such project, of the reasonable cost of replacing,
    relocating, or reconstructing such facility to such standard as he
    deems reasonable but not to exceed the minimum standard of the
    State or political subdivision for the same type of facility
    involved, except that if the existing facility exceeds the minimum
    standard of the State or political subdivision, the Chief of
    Engineers may provide a facility of comparable standard, or (2) the
    payment of a lump sum representing the estimated reasonable cost
    thereof. This section shall not be construed as modifying any
    existing or future requirement of local cooperation, or as
    indicating a policy that local interests shall not hereafter be
    required to assume costs of modifying such facilities. The
    provisions of this section may be applied to projects hereafter
    authorized and to those heretofore authorized but not completed as
    of July 3, 1958, and notwithstanding the navigation servitude
    vested in the United States, they may be applied to such structures
    or facilities occupying the beds of navigable waters of the United
    States.

-SOURCE-
    (Pub. L. 85-500, title I, Sec. 111, July 3, 1958, 72 Stat. 303;
    Pub. L. 89-298, title III, Sec. 309, Oct. 27, 1965, 79 Stat. 1094.)

-MISC1-
                                AMENDMENTS                            
      1965 - Pub. L. 89-298 provided for payment of the reasonable cost
    of replacing, relocating, or reconstructing the facility to a
    reasonable standard, not exceeding minimum standard of State or
    political subdivision for same type of facility involved, except
    that if the existing facility exceeds the minimum standard of the
    State or political subdivision, the Chief of Engineers may provide
    a facility of comparable standard, in provision designated as
    clause (1), eliminated former provision for payment of reasonable
    actual cost of the remedial work, and designated existing
    provisions as clause (2).

-End-