CHAPTER 12 —RIVER AND HARBOR IMPROVEMENTS GENERALLY
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—PAY AND ALLOWANCES; TRAVELING EXPENSES AND SUBSISTENCE
SUBCHAPTER III—ACQUISITION OF LAND AND MATERIALS
SUBCHAPTER IV—PARTICULAR WORK OR IMPROVEMENTS
SUBCHAPTER V—PROSECUTION OF WORK GENERALLY
SUBCHAPTER I—GENERAL PROVISIONS
§540. Investigations and improvements; control by Department of the Army; wildlife conservation
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.
(June 20, 1938, ch. 535, §1,
Editorial Notes
Prior Provisions
Acts Aug. 30, 1935, ch. 831,
Statutory Notes and Related Subsidiaries
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,
Waterway Improvements Study and Report; Availability of Data to National Transportation Policy Commission
Reimbursement of States for Water Resources Projects; Study
§540a. Availability of appropriations for attendance by military personnel at meetings and for printing survey reports
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
(
Editorial Notes
References in Text
This title, referred to in text, is title I of
1 See References in Text note below.
§541. Board of Engineers for Rivers and Harbors; establishment; duties and powers generally
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.
(June 13, 1902, ch. 1079, §3,
Editorial Notes
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
Amendments
1994—
1932—Act Feb. 10, 1932, inserted sentence defining "commerce".
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of
Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities
Waterways Commission
Act Aug. 8, 1917, ch. 49, §18,
§542. Review by Board of Engineers of reports on examinations and surveys and special reports
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
(Mar. 4, 1913, ch. 144, §4,
Editorial Notes
Codification
Section is from part of section 4 of act Mar. 4, 1913, popularly known as the "Rivers and Harbors Act of 1913". The last proviso of said section 4 is set out in
Amendments
1994—
Statutory Notes and Related Subsidiaries
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
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
Executive Documents
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.
§543. Employment of civil engineers on western and northwestern rivers
The Chief of Engineers may, with the approval of the Secretary of the Army, employ such civil engineers, not exceeding five in number, for the purpose of executing the surveys and 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.
(R.S. §5253; July 26, 1947, ch. 343, title II, §205(a),
Editorial Notes
Codification
R.S. §5253 derived from Res. Mar. 29, 1867, No. 27,
Statutory Notes and Related Subsidiaries
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,
Executive Documents
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.
§544. Repealed. Aug. 19, 1968, Pub. L. 88–448, §402(a)(9), 78 Stat. 493
Section, act June 3, 1896, ch. 314, §7,
§544a. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 650
Section, act June 20, 1938, ch. 535, §5,
§544b. Employment of physicians to examine employees; fee or employment basis; validation of prior agreements
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.
(Mar. 2, 1945, ch. 19, §5,
Executive Documents
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.
§544c. Minority group participation in construction of the Tennessee-Tombigbee Waterway project; annual report to Congress
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.
(
Editorial Notes
Amendments
1996—
§545. Preliminary examinations and reports; surveys; contents of report to Congress generally
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.
(Mar. 4, 1913, ch. 144, §3,
Editorial Notes
Codification
This section and the second paragraph of
Prior Provisions
Provision for report of examinations of river and harbor improvements appeared in R.S. §231, repealed by act Mar. 3, 1933, ch. 202, §1,
Statutory Notes and Related Subsidiaries
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,
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
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,
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, §2,
§545a. Discontinuance
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.
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Editorial Notes
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
§546. Investigation of stream flow and watersheds; surveys in connection with dams
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.
(June 25, 1910, ch. 382, §3,
Editorial Notes
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
Prior Provisions
General provisions regulating the construction of dams were made by the Dam Act of June 21, 1906, ch. 3508,
§546a. Information as to configuration of shore line
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.
(Aug. 30, 1935, ch. 831, §5,
§547. Reports as to local benefits of improvement and recommendations as to local cooperation
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.
(June 5, 1920, ch. 252, §2,
Editorial Notes
Codification
Section is from act June 5, 1920, popularly known as the "Rivers and Harbors Appropriation Act of 1921".
§547a. Inclusion of regional economic development benefits in economic analysis for purposes of computing economic justification of project
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.
(
§548. Omitted
Editorial Notes
Codification
Section, act Mar. 3, 1925, ch. 467, §7,
§549. Repealed. Pub. L. 96–470, title I, §104(c), Oct. 19, 1980, 94 Stat. 2238
Section, act Mar. 3, 1899, ch. 425, §7,
§549a. Review of navigation, flood control, and water supply projects
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.
(
Editorial Notes
Codification
Section is from
1 So in original. Probably should be "due to".
§549b. Inclusion of project or facility in Corps of Engineers workplan
(a) In general
The Secretary shall, to the maximum extent practicable, include in the future workplan of the Corps any authorized project or facility of the Corps of Engineers—
(1) that the Secretary has studied for disposition under an existing authority, including by carrying out a disposition study under
(2) for which a final report by the Director of Civil Works has been completed.
(b) Notification to committees
Upon completion of a final report referred to in subsection (a), the Secretary shall transmit a copy of the report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 102 of
§550. Report on water terminal and transfer facilities
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.
(July 18, 1918, ch. 155, §7,
Editorial Notes
Codification
Section is from act July 18, 1918, popularly known as the "Rivers and Harbors Appropriation Act of 1918".
§551. Policy of Government as to terminal facilities for new projects
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.
(Mar. 2, 1919, ch. 95, §1,
Editorial Notes
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."
Statutory Notes and Related Subsidiaries
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,
§552. Repealed. May 29, 1928, ch. 901, §1(28), 45 Stat. 988
Section, act Aug. 5, 1886, ch. 929, §8,
§553. Freight statistics
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.
(July 25, 1912, ch. 253, §1,
Editorial Notes
Codification
Section is from part of section 1 of act July 25, 1912, popularly known as the "Rivers and Harbors Appropriation Act of 1912".
§554. Duty of shipowners and officers to furnish information to person in local charge of improvement; penalty
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.
(Feb. 21, 1891, ch. 252, §§1, 2,
§555. Duty of shipowners and officers to furnish information required by Secretary of the Army
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.
(Sept. 22, 1922, ch. 427, §11,
Editorial Notes
Codification
Section is from act Sept. 22, 1922, popularly known as the "Rivers and Harbors Appropriation Act of 1922".
Amendments
1986—
Statutory Notes and Related Subsidiaries
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,
§555a. Petroleum product information
(a) Disclosure to States
The Secretary shall disclose petroleum product information to any State taxing agency making a request under subsection (b). 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
(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
(
Editorial Notes
Codification
Subsec. (f) of this section amended
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see
§556. Printing reports generally
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 Director of the Government Publishing Office on or before the 15th day of October in each year, and the Director of the Government Publishing Office 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 Director of the Government Publishing Office as documents of the following session of Congress.
(Aug. 11, 1888, ch. 860, §8,
Editorial Notes
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
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, §1,
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,
Statutory Notes and Related Subsidiaries
Change of Name
"Director of the Government Publishing Office" substituted for "Public Printer" in text on authority of section 1301(d) of
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,
Compilation and Printing of Laws
Act June 5, 1920, ch. 252, §6,
§557. Payment of costs of printing
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.
(July 25, 1912, ch. 253, §13,
Editorial Notes
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."
Statutory Notes and Related Subsidiaries
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,
§557a. Publication of pamphlets, maps, brochures, and other material
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.
(
§557b. Sale of publications, charts, or other material; deposit of proceeds
The Chief of Engineers is authorized to provide for the sale of any of the material prepared under authority of
(
Editorial Notes
References in Text
The Civil Functions Appropriation Act, 1954, referred to in text, is act July 27, 1953, ch. 245,
§558. Proceeds from sale or transfer of property acquired
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.
(June 13, 1902, ch. 1079, §5,
Editorial Notes
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
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".
§558a. Repealed. Oct. 31, 1951, ch. 654, §1(56), 65 Stat. 703
Section, act Aug. 30, 1935, ch. 831, §7,
§558b. Exchange of land or property
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 [
(June 20, 1938, ch. 535, §2,
Editorial Notes
References in Text
The Tennessee Valley Authority Act, referred to in text, is act May 18, 1933, ch. 32,
Statutory Notes and Related Subsidiaries
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,
§558b–1. Application to authorized works of flood control
(Aug. 11, 1939, ch. 699, §3,
§558c. Rights-of-way over United States land
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 [
(June 20, 1938, ch. 535, §10,
Editorial Notes
References in Text
The Tennessee Valley Authority Act, referred to in text, is act May 18, 1933, ch. 32,
Statutory Notes and Related Subsidiaries
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,
§559. Disposition of rentals for Government plants
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.
(Aug. 8, 1917, ch. 49, §13,
Editorial Notes
Codification
Section is from act Aug. 8, 1917, popularly known as the "Rivers and Harbors Appropriation Act of 1917".
§560. Contributions from private parties; return of excess
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.
(Mar. 4, 1915, ch. 142, §4,
Editorial Notes
Codification
Section is from act Mar. 4, 1915, popularly known as the "Rivers and Harbors Appropriation Act of 1915".
Prior Provisions
Section superseded act Mar. 4, 1913, ch. 144, §8,
Statutory Notes and Related Subsidiaries
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,
§561. Repealed. Pub. L. 115–270, title I, §1166(c), Oct. 23, 2018, 132 Stat. 3798
Section, act Mar. 3, 1925, ch. 467, §11,
§561a. Contributions from local interests; reduction to meet lowered cost
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.
(Mar. 3, 1933, ch. 216,
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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,
§562. Channel depths and dimensions defined
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.
(Mar. 4, 1915, ch. 142, §5,
Editorial Notes
Codification
Section is from act Mar. 4, 1915, popularly known as the "Rivers and Harbors Appropriation Act of 1915".
Prior Provisions
Section superseded act Mar. 4, 1913, ch. 144, §9,
Amendments
1992—
§562a. Project depths for national defense purposes; waterways for general commerce
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.
(
§563. Omitted
Editorial Notes
Codification
Section, act Sept. 22, 1922, ch. 427, §6,
§564. Repealed. July 3, 1943, ch. 189, §5, 57 Stat. 374
Section, acts June 25, 1910, ch. 382, §4,
§565. River and harbor improvement by private or municipal enterprise
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.
(June 13, 1902, ch. 1079, §1,
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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,
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,
§566. Improvement by or under authority of State of New Jersey
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.
(June 30, 1906, ch. 3923, §§1, 2,
Statutory Notes and Related Subsidiaries
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,
§567. Navigation and flood control improvements by Minnesota, North Dakota, and South Dakota
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.
(Aug. 8, 1917, ch. 49, §5,
Editorial Notes
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."
Statutory Notes and Related Subsidiaries
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,
§567a. Flood and pollution control compacts between certain States
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.
(June 8, 1936, ch. 542, §§1, 2,
Statutory Notes and Related Subsidiaries
Approval of Compact by Congress
Act July 11, 1940, ch. 581,
"
"
"
"
§567b. Pollution of Potomac drainage basin; control by State compacts
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.
(July 11, 1940, ch. 579,
§567b–1. Amended compact
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.
(
Editorial Notes
References in Text
The amended compact, referred to in text, is set out in
§568. Limitation on power of committee of Congress to consider projects
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.
(Sept. 22, 1922, ch. 427, §9,
Editorial Notes
Codification
Section is from act Sept. 22, 1922, popularly known as the "Rivers and Harbors Appropriation Act of 1918".
§569. Personal equipment for employees; use of funds for purpose
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.
(Jan. 21, 1927, ch. 47, §5(b),
Statutory Notes and Related Subsidiaries
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,
Executive Documents
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.
§569a. Temporary employment of experts or consultants; compensation
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
(July 3, 1930, ch. 847, §6,
Editorial Notes
Codification
"
Amendments
1970—
1950—Act May 17, 1950, amended section generally, providing for employment of experts and consultants and omitting provisions relating to stenographic assistance.
Statutory Notes and Related Subsidiaries
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, §101(c)(1)] of
§569b. Contracts; architect and engineering services; surveying and mapping services
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
(
Editorial Notes
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288,
1 See References in Text note below.
§569c. Services of volunteers
The United States Army Chief of Engineers may accept the services of volunteers and provide for their incidental expenses, including expenses relating to uniforms, transportation, lodging, and the subsistence of those volunteers, 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)
(
Editorial Notes
Amendments
2014—
§569d. Safety award and promotional materials
(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.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 3 of
§569e. Use of private sector resources in surveying and mapping
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.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 3 of
§569f. Debarment of persons convicted of fraudulent use of "Made in America" labels
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
(
Editorial Notes
Amendments
2021—
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 3 of
§570. Default in contract; disposition of amounts collected
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.
(Aug. 30, 1935, ch. 831, §8,
§571. Crediting reimbursements for lost, stolen, or damaged property
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.
(June 20, 1938, ch. 535, §4,
Editorial Notes
Codification
Section is also set out as
Statutory Notes and Related Subsidiaries
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,
§572. Collection and removal of drift in Baltimore Harbor
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.
(June 30, 1948, ch. 771, title I, §102,
§573. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 656
Section, act May 17, 1950, ch. 188, title I, §111,
§574. Omitted
Editorial Notes
Codification
Section, act Sept. 6, 1950, ch. 896, ch. IX, §101,
§574a. Training funds
(a) In general
The Secretary may include individuals not employed by the Department of the Army in training classes and courses offered by the Corps of Engineers in any case in which the Secretary determines that it is in the best interest of the Federal Government to include those individuals as participants.
(b) Expenses
(1) In general
An individual not employed by the Department of the Army attending a training class or course described in subsection (a) shall pay the full cost of the training provided to the individual.
(2) Payments
Payments made by an individual for training received under paragraph (1), up to the actual cost of the training—
(A) may be retained by the Secretary;
(B) shall be credited to an appropriations account used for paying training costs; and
(C) shall be available for use by the Secretary, without further appropriation, for training purposes.
(3) Excess amounts
Any payments received under paragraph (2) that are in excess of the actual cost of training provided shall be credited as miscellaneous receipts to the Treasury of the United States.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of
§575. Availability of appropriations for expenses incident to operation of power boats or vessels; expenses defined; certification of expenditures
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.
(July 31, 1947, ch. 411, §1,
Editorial Notes
Codification
Section is also set out as
Section was formerly classified to
§576. Revolving fund; establishment; availability; reimbursement; transfer of funds; limitation
(a) Revolving fund
For establishment of 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.
(b) Prohibition
(1) In general
No funds may be expended or obligated from the revolving fund described in subsection (a) to newly construct, or perform a major renovation on, a building for use by the Corps of Engineers unless specifically authorized by law.
(2) Statutory construction
Nothing in this subsection may be construed to—
(A) change any authority provided under subchapter I of
(B) change the use of funds under subsection (a) for purposes other than those described in paragraph (1).
(c) Transmission to Congress of prospectus
To secure consideration for an authorization under subsection (b), the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representative and the Committee on Environment and Public Works of the Senate a prospectus of the proposed construction or major renovation of a building that includes—
(1) a brief description of the building;
(2) the location of the building;
(3) an estimate of the maximum cost to be provided by the revolving fund for the building to be constructed or renovated;
(4) the total size of the building after the proposed construction or major renovation;
(5) the number of personnel proposed to be housed in the building after the construction or major renovation;
(6) a statement that other suitable space owned by the Federal Government is not available;
(7) a statement of rents and other housing costs currently being paid for the tenants proposed to be housed in the building; and
(8) the size of the building currently housing the tenants proposed to be housed in the building.
(d) Provision of building project surveys
(1) In general
If requested by resolution by the Committee on Environment and Public Works of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives, the Secretary shall create a building project survey for the construction or major renovation of a building described in subsection (b).
(2) Report
Within a reasonable time after creating a building project survey under paragraph (1), the Secretary shall submit to Congress a report on the survey that includes the information required to be included in a prospectus under subsection (c).
(e) Major renovation defined
In this section, the term "major renovation" means a renovation or alteration of a building for use by the Corps of Engineers with a total expenditure of more than $20,000,000.
(July 27, 1953, ch. 245, §101,
Editorial Notes
References in Text
Subchapter I of
Codification
Section was formerly classified to
Amendments
2016—
Statutory Notes and Related Subsidiaries
Headquarters Aircraft; Transfer and Reassignment of Property Accountability to Army Military Activity
Retention of Three Operational Aircraft; Notice of Intended Use Outside United States
1 See References in Text note below.
§576a. Purchase of passenger motor vehicles by Corps of Engineers
On and after March 4, 1933, the provisions of
(Mar. 4, 1933, ch. 281, title II, §1,
Editorial Notes
Codification
"
Section was formerly classified to
Section was also formerly classified to
§576b. Lease authority
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 (
(
Editorial Notes
References in Text
The Civil Functions Appropriations Act, 1954, referred to in text, is act July 27, 1953, ch. 245,
§576c. Corps of Engineers operation of unmanned aircraft systems
(a) In general
The Secretary shall designate an individual, within the headquarters office of the Corps of Engineers, who shall serve as the coordinator and principal approving official for developing the process and procedures by which the Corps of Engineers—
(1) operates and maintains small unmanned aircraft (as defined in section 331 of the FAA Modernization and Reform Act of 2012 (
(2) acquires, applies for, and receives any necessary Federal Aviation Administration authorizations for such operations and systems.
(b) Requirements
A small unmanned aircraft system acquired, operated, or maintained for carrying out the missions specified in subsection (a) shall be operated in accordance with regulations of the Federal Aviation Administration as a civil aircraft or public aircraft, at the discretion of the Secretary, and shall be exempt from regulations of the Department of Defense, including the Department of the Army, governing such system.
(c) Limitation
A small unmanned aircraft system acquired, operated, or maintained by the Corps of Engineers is excluded from use by the Department of Defense, including the Department of the Army, for any mission of the Department of Defense other than a mission specified in subsection (a).
(
Editorial Notes
References in Text
Section 331 of the FAA Modernization and Reform Act of 2012, referred to in subsec. (a)(1), is section 331 of
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 1002 of
1 See References in Text note below.
§577. Small river and harbor improvement projects
(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 $62,500,000 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 $10,000,000 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.
(
Editorial Notes
Amendments
2018—Subsec. (a).
2014—Subsec. (a).
Subsec. (b).
2007—Subsec. (b).
1986—Subsec. (a).
Subsec. (b).
1976—Subsec. (b).
1970—Subsec. (a).
Subsec. (b).
1965—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1976 Amendment
Effective Date of 1970 Amendment
Amendment by
§577a. Small-boat navigation projects; charter fishing craft
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.
(
§577b. Cost of operation and maintenance of general navigation features of small boat harbor projects; applicable projects
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 [
(
Editorial Notes
References in Text
This Act, referred to in text, means
Hereafter, referred to in text, probably means after Dec. 31, 1970.
Amendments
1974—
§578. Disposal of surplus property for development of public port or industrial facilities
(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 chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, 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.
(
Editorial Notes
Codification
In subsec. (a), "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative Services Act of 1949 (
§578a. Disposition studies
(a) In general
In carrying out a disposition study for a project of the Corps of Engineers, including a disposition study under
(b) Completion of assessment and inventory
Not later than 1 year after December 16, 2016, the Secretary shall complete the assessment and inventory required under section 6002(a) of the Water Resources Reform and Development Act of 2014 (
(
Editorial Notes
References in Text
Section 6002 of the Water Resources Reform and Development Act of 2014, referred to in text, is section 6002 of
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 1002 of
§578b. Disposition of projects
(a) In general
In carrying out a disposition study for a project of the Corps of Engineers, or a separable element of such a project, including a disposition study under
(b) Disposition study transparency
The Secretary shall carry out disposition studies described in subsection (a) in a transparent manner, including by—
(1) providing opportunities for public input; and
(2) publishing the final disposition studies.
(c) Removal of infrastructure
For disposition studies described in subsection (a) in which the Secretary determines that a Federal interest no longer exists, and makes a recommendation of removal of the project or separable element of a project, the Secretary is authorized, using existing authorities, to pursue removal of the project or separable element of a project in partnership with other Federal agencies and non-Federal entities with appropriate capabilities to undertake infrastructure removal.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 102 of
§579. Repealed. Pub. L. 101–640, title I, §119(b), Nov. 28, 1990, 104 Stat. 4630
Section,
§579a. Corps budgeting; project deauthorizations; comprehensive backlog report
(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)
(A)
(i) a complete list of all projects and separable elements of projects of the Corps of Engineers that are authorized for construction but have not been completed;
(ii) a complete list of all feasibility studies of the Corps of Engineers that Congress has authorized the Secretary to carry out for which a Report of the Chief of Engineers has not been issued;
(iii) a complete list of all environmental infrastructure projects authorized by Congress under section 219 of the Water Resources Development Act of 1992 (
(iv) a list of major Federal operation and maintenance needs of projects and properties under the control of the Corps of Engineers.
(B)
(i) the date of authorization of the feasibility study, project, or separable element, including any subsequent modifications to the original authorization;
(ii) the original budget authority for the feasibility study, project, or separable element;
(iii) a brief description of the feasibility study, project, or separable element;
(iv) the estimated date of completion of the feasibility study, project, or separable element, assuming all capability is fully funded;
(v) the estimated total cost of completion of the feasibility study, project, or separable element;
(vi) the amount of funds spent on the feasibility study, project, or separable element, including Federal and non-Federal funds;
(vii) the amount of appropriations estimated to be required in each fiscal year during the period of construction to complete the project or separable element by the date specified under clause (iv);
(viii) the location of the feasibility study, project, or separable element;
(ix) a statement from the non-Federal interest for the project or separable element indicating the non-Federal interest's capability to provide the required local cooperation estimated to be required for the project or separable element in each fiscal year during the period of construction;
(x) the benefit-cost ratio of the project or separable element, calculated using the discount rate specified by the Office of Management and Budget for purposes of preparing the President's budget pursuant to
(xi) the benefit-cost ratio of the project or separable element, calculated using the discount rate utilized by the Corps of Engineers for water resources development project planning pursuant to
(xii) the last fiscal year in which the project or separable element incurred obligations.
(C)
(i) the authority under which the project was authorized or the property was acquired by the Corps of Engineers;
(ii) a brief description of the project or property;
(iii) an estimate of the Federal costs to meet the major operation and maintenance needs at the project or property; and
(iv) an estimate of unmet or deferred operation and maintenance needs at the project or property.
(D)
(i)
(I) the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives; and
(II) the Director of the Office of Management and Budget.
(ii)
(
Editorial Notes
References in Text
This Act, referred to in subsec. (a), is
Section 219 of the Water Resources Development Act of 1992, referred to in subsec. (b)(2)(A)(iii), is section 219 of
Amendments
2020—Subsec. (b)(2), (3).
Subsec. (c).
2018—
Subsec. (b)(3), (4).
2014—Subsec. (b)(3), (4).
2007—Subsec. (b)(2).
1999—Subsec. (b)(2).
1996—Subsec. (b)(2).
1990—Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Savings Clause
Project Deauthorizations; Extension of Limitation on Period of Authorization
"Secretary" Defined
Secretary means the Secretary of the Army, see
§579b. Omitted
Editorial Notes
Codification
Section,
§579c. Repealed. Pub. L. 116–260, div. AA, title III, §360(d), Dec. 27, 2020, 134 Stat. 2733
Section,
§579c–1. Repealed. Pub. L. 116–260, div. AA, title III, §360(f), Dec. 27, 2020, 134 Stat. 2733
Section,
§579c–2. Repealed. Pub. L. 116–260, div. AA, title III, §360(h), Dec. 27, 2020, 134 Stat. 2733
Section,
§579d. Repealed. Pub. L. 116–260, div. AA, title III, §360(e), Dec. 27, 2020, 134 Stat. 2733
Section,
§579d–1. Repealed. Pub. L. 116–260, div. AA, title III, §360(g), Dec. 27, 2020, 134 Stat. 2733
Section,
§579d–2. Deauthorization of inactive projects
(a) Purposes
The purposes of this section are—
(1) to identify water resources development projects, and separable elements of projects, authorized by Congress that are no longer viable for construction due to—
(A) a lack of local support;
(B) a lack of available Federal or non-Federal resources; or
(C) an authorizing purpose that is no longer relevant or feasible;
(2) to create an expedited and definitive process for Congress to deauthorize water resources development projects and separable elements that are no longer viable for construction; and
(3) to allow the continued authorization of water resources development projects and separable elements that are viable for construction.
(b) Proposed deauthorization list
(1) Preliminary list of projects
(A) In general
The Secretary shall develop a preliminary list of each water resources development project, or separable element of a project, authorized for construction before November 8, 2007, for which—
(i) planning, design, or construction was not initiated before the date of enactment of this Act; or
(ii) planning, design, or construction was initiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, were obligated for planning, design, or construction of the project or separable element of the project during the current fiscal year or any of the 10 preceding fiscal years.
(B) Use of comprehensive construction backlog and operation and maintenance report
The Secretary may develop the preliminary list from the comprehensive construction backlog and operation and maintenance reports developed pursuant to
(2) Preparation of proposed deauthorization list
(A) Proposed list and estimated deauthorization amount
The Secretary shall—
(i) prepare a proposed list of projects for deauthorization comprised of a subset of projects and separable elements identified on the preliminary list developed under paragraph (1) that are projects or separable elements described in subsection (a)(1), as determined by the Secretary; and
(ii) include with such proposed list an estimate, in the aggregate, of the Federal cost to complete such projects.
(B) Determination of Federal cost to complete
For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized by
(3) Public comment and consultation
(A) In general
The Secretary shall solicit comments from the public and the Governors of each applicable State on the proposed deauthorization list prepared under paragraph (2)(A).
(B) Comment period
The public comment period shall be 90 days.
(4) Preparation of final deauthorization list
(A) In general
The Secretary shall prepare a final deauthorization list by—
(i) considering any comments received under paragraph (3); and
(ii) revising the proposed deauthorization list prepared under paragraph (2)(A) as the Secretary determines necessary to respond to such comments.
(B) Appendix
The Secretary shall include as part of the final deauthorization list an appendix that—
(i) identifies each project or separable element on the proposed deauthorization list that is not included on the final deauthorization list; and
(ii) describes the reasons why the project or separable element is not included on the final deauthorization list.
(c) Submission of final deauthorization list to Congress for congressional review; publication
(1) In general
Not later than 90 days after the date of the close of the comment period under subsection (b)(3), the Secretary shall—
(A) submit the final deauthorization list and appendix prepared under subsection (b)(4) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate; and
(B) publish the final deauthorization list and appendix in the Federal Register.
(2) Exclusions
The Secretary shall not include in the final deauthorization list submitted under paragraph (1) any project or separable element with respect to which Federal funds for planning, design, or construction are obligated after the development of the preliminary list under subsection (b)(1)(A) but prior to the submission of the final deauthorization list under paragraph (1)(A) of this subsection.
(d) Repealed. Pub. L. 117–263, div. H, title LXXXI, §8301(b), Dec. 23, 2022, 136 Stat. 3776
(e) Special rules
(1) Post-authorization studies
A project or separable element of a project may not be identified on the proposed deauthorization list developed under subsection (b), or the final deauthorization list developed under subsection (c), if the project or separable element received funding for a post-authorization study during the current fiscal year or any of the 10 preceding fiscal years.
(2) Treatment of project modifications
For purposes of this section, if an authorized water resources development project or separable element of the project has been modified by an Act of Congress, the date of the authorization of the project or separable element shall be deemed to be the date of the most recent such modification.
(f) Deauthorization of antiquated projects
(1) In general
Any water resources development project, or separable element of a project, authorized for construction prior to November 17, 1986, for which construction has not been initiated prior to December 27, 2020, or for which funds have not been obligated for construction in the 10-year period prior to December 27, 2020, is hereby deauthorized.
(2) Identification
Not later than 60 days after December 27, 2020, the Secretary shall issue to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that identifies—
(A) the name of each project, or separable element of a project, deauthorized by paragraph (1); and
(B) the estimated current value of each such project or separable element of a project.
(g) Economic and environmental review of inactive water resources development projects
The Secretary or the non-Federal interest may not carry out any authorized water resources development project, or separable element of such project, for which construction has not been initiated in the 20-year period following the date of the authorization of such project or separable element, until—
(1) the Secretary provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a post-authorization change report that updates the economic and environmental analysis of the project or separable element; and
(2) the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate take appropriate action to address any modifications to the economic and environmental analysis for the project or separable element of the project contained in the post-authorization change report.
(h) Definitions
In this section:
(1) Post-authorization change report
The term "post-authorization change report" has the meaning given such term in
(2) Post-authorization study
The term "post-authorization study" means—
(A) a feasibility report developed under
(B) a feasibility study, as defined in
(C) a review conducted under
(i) demonstrates a Federal interest; and
(ii) requires additional analysis for the project or separable element.
(
Editorial Notes
References in Text
The date of enactment of this Act, referred to in subsec. (b)(1)(A), probably means the date of enactment of
Amendments
2022—Subsecs. (a) to (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of div. AA of
§579e. Access to real estate data
(a) In general
Using available funds, the Secretary shall make publicly available, including on a publicly accessible website, information on all Federal real estate assets in the United States that are owned, operated, or managed by, or in the custody of, the Corps of Engineers.
(b) Requirements
(1) In general
The real estate information made available under subsection (a) shall include—
(A) existing standardized real estate plat descriptions of assets described in subsection (a); and
(B) existing geographic information systems and geospatial information associated with such assets.
(2) Collaboration
In making information available under subsection (a), the Secretary shall consult with the Administrator of General Services. Such information may be made available, in whole or in part, in the Federal real property database published under section 21 of the Federal Assets Sale and Transfer Act of 2016 (
(c) Limitation
Nothing in this section shall compel or authorize the disclosure of data or other information determined by the Secretary to be confidential, privileged, national security information, personal information, or information the disclosure of which is otherwise prohibited by law.
(d) Timing
The Secretary shall ensure that the implementation of subsection (a) occurs as soon as practicable.
(e) Effect on other laws
Nothing in this section shall be construed as modifying, or exempting the Corps of Engineers from, the requirements of the Federal real property database published under section 21 of the Federal Assets Sale and Transfer Act of 2016 (
(
Editorial Notes
References in Text
Section 21 of the Federal Assets Sale and Transfer Act of 2016, referred to in subsecs. (b)(2) and (e), is section 21 of
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 102 of
§579f. Budgetary evaluation metrics and transparency; public participation
(a) Omitted
(b) Budgetary evaluation metrics and transparency
Beginning in fiscal year 2020, in the formulation of the annual budget request for the U.S. Army Corps of Engineers (Civil Works) pursuant to
(1) aligns the assessment of the potential benefit-cost ratio for budgeting water resources development projects with that used by the Corps of Engineers during project plan formulation and evaluation pursuant to
(2) demonstrates the transparent criteria and metrics utilized by the President in the evaluation and selection of water resources development projects included in such budget request.
(c) Public participation
In the development of, or any proposed major substantive modification to, a proposed budget for water resources development projects, the Secretary, through each District shall, not less frequently than annually—
(1) provide to non-Federal interests and other interested stakeholders information on the proposed budget for projects or substantive modifications to project budgets within each District's jurisdiction;
(2) hold multiple public meetings to discuss the budget for projects within each District's jurisdiction; and
(3) provide to non-Federal interests the opportunity to collaborate with District personnel for projects within each District's jurisdiction—
(A) to support information sharing; and
(B) to the maximum extent practicable, to share in concept development and decisionmaking to achieve complementary or integrated solutions to problems.
(
Editorial Notes
Codification
Section is comprised of section 1154 of
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 102 of
SUBCHAPTER II—PAY AND ALLOWANCES; TRAVELING EXPENSES AND SUBSISTENCE
§581. Hiring special means of transportation
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.
(July 25, 1912, ch. 253, §9,
Editorial Notes
Codification
Section is from act July 25, 1912, popularly known as the "Rivers and Harbors Appropriation Act of 1912".
§582. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 644
Section, act July 18, 1918, ch. 155, §9,
§583. Payment of allowances, etc., incident to change of station of Engineer officers from appropriation for improvements
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.
(Mar. 3, 1925, ch. 467, §5,
Statutory Notes and Related Subsidiaries
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,
§583a. Payment of pay and allowances of officers of Corps of Engineers from appropriation for improvements
(a) In general
The personnel described in subsection (b) 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.
(b) Personnel described
The personnel referred to in subsection (a) are the following:
(1) Regular officers of the Corps of Engineers of the Army.
(2) The following members of the Army who are assigned to the Corps of Engineers:
(A) Reserve component officers.
(B) Warrant officers (whether regular or reserve component).
(C) Enlisted members (whether regular or reserve component).
(Aug. 10, 1956, ch. 1041, §36,
Editorial Notes
Codification
Section is derived from the third proviso of Act June 26, 1936, ch. 839,
Amendments
2022—
§§584, 584a. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 647 , 648
Section 584, act Jan. 21, 1927, ch. 47, §5(d),
Section 584a, act July 3, 1930, ch. 847, §6,
§585. Reserve component training at water resources development projects
(a) In general
In carrying out military training activities or otherwise fulfilling military training requirements, units or members of a reserve component of the Armed Forces may perform services and furnish supplies in support of a water resources development project or program of the Corps of Engineers without reimbursement.
(b) Exception
This section shall not apply to any member of a reserve component of the Armed Forces who is employed by the Corps of Engineers on a full-time basis.
(
SUBCHAPTER III—ACQUISITION OF LAND AND MATERIALS
§591. Condemnation, purchase, and donation of land and materials
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.
(Apr. 24, 1888, ch. 194,
Statutory Notes and Related Subsidiaries
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,
§592. Condemnation of land in aid of person, company, corporation, municipal or private
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.
(May 16, 1906, ch. 2465,
Editorial Notes
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."
Statutory Notes and Related Subsidiaries
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,
§593. Condemnation of land in aid of State or State agency
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.
(Aug. 8, 1917, ch. 49, §9,
Editorial Notes
Codification
Section is from act Aug. 8, 1917, popularly known as the "Rivers and Harbors Appropriation Act of 1917".
Statutory Notes and Related Subsidiaries
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,
§594. When immediate possession of land may be taken
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.
(July 18, 1918, ch. 155, §5,
Editorial Notes
Codification
Section is from act July 18, 1918, popularly known as the "Rivers and Harbors Appropriation Act of 1918".
Statutory Notes and Related Subsidiaries
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,
§595. Consideration of benefits in assessing compensation
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.
(July 18, 1918, ch. 155, §6,
Editorial Notes
Codification
Section is from act July 18, 1918, popularly known as the "Rivers and Harbors Appropriation Act of 1918".
§595a. Compensation for taking or condemnation of property for public improvements; fair market value; partial taking; effective date
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.
(
§596. Repealed. Pub. L. 91–646, title III, §306, Jan. 2, 1971, 84 Stat. 1907
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal not applicable to any State so long as
Savings Provision
Any rights or liabilities existing under provisions repealed by section 306 of
§597. Acquisition of lands for water resource development projects; information as to probable timing for acquisition; public meetings; regulations
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
(
Editorial Notes
Codification
"Subchapter II of
Statutory Notes and Related Subsidiaries
Short Title
§598. Resettlement of displaced families, individuals, and business concerns
(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
(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.
(
Editorial Notes
Codification
"
§598a. Property acquisition
(a) In general
In acquiring an interest in land, or requiring a non-Federal interest to acquire an interest in land, the Secretary shall, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [
(b) Determination
In determining an interest in land under subsection (a), the Secretary shall first consider a temporary easement or other interest designed to reduce the overall cost of the water resources development project for which such interest is acquired, reduce the time to complete such project, and minimize conflict with property owners related to such project.
(c) Procedures used in State
In carrying out subsection (a), the Secretary shall consider, with respect to a State, the procedures that the State uses to acquire, or require the acquisition of, interests in land, to the extent that such procedures are generally consistent with the goals of a project or action.
(
Editorial Notes
References in Text
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a), is
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 102 of
SUBCHAPTER IV—PARTICULAR WORK OR IMPROVEMENTS
§601. Mississippi River; regulation of reservoirs at headwaters
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.
(Aug. 11, 1888, ch. 860, §1,
Editorial Notes
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."
Statutory Notes and Related Subsidiaries
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,
§602. Maintenance of channel of South Pass of Mississippi River
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.
(Aug. 11, 1888, ch. 860, §§1, 4,
Editorial Notes
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.,
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.
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.
Statutory Notes and Related Subsidiaries
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,
Appropriations
Act June 26, 1934, ch. 756, §2,
§603. Repealed. Mar. 2, 1945, ch. 19, §3, 59 Stat. 23
Section, acts July 25, 1912, ch. 253, §1,
§603a. Removal of snags and debris, and straightening, clearing, and protecting channels in navigable waters
The Secretary of the Army is authorized to allot not to exceed $5,000,000 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, obstructions, and other debris located in or adjacent to a Federal channel, 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, flood control, ecosystem restoration, or recreation.
(Mar. 2, 1945, ch. 19, §3,
Editorial Notes
Amendments
2022—
2016—
1986—
Statutory Notes and Related Subsidiaries
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,
Effective Date of 1986 Amendment
Amendment by
§604. Removal of snags, etc., from Mississippi River
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.
(Aug. 11, 1888, ch. 860, §§1, 7,
Editorial Notes
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
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.
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.
Statutory Notes and Related Subsidiaries
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,
Appropriations
Act June 26, 1934, ch. 756, §2,
§605. Operation of snag boats on Upper Mississippi River
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.
(Aug. 11, 1888, ch. 860, §§1, 7,
Editorial Notes
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
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."
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.
Statutory Notes and Related Subsidiaries
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,
Appropriations
Act June 26, 1934, ch. 756, §2,
§605a. Mississippi River forecasting improvements
(1) In general
The Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, the Director of the United States Geological Survey, the Administrator of the National Oceanic and Atmospheric Administration, and the Director of the National Weather Service, as applicable, shall improve forecasting on the Mississippi River by—
(A) updating forecasting technology deployed on the Mississippi River and its tributaries through—
(i) the construction of additional automated river gages;
(ii) the rehabilitation of existing automated and manual river gages; and
(iii) the replacement of manual river gages with automated gages, as the Secretary determines to be necessary;
(B) constructing additional sedimentation ranges on the Mississippi River and its tributaries; and
(C) deploying additional automatic identification system base stations at river gage sites.
(2) Prioritization
In carrying out this section, the Secretary shall prioritize the sections of the Mississippi River on which additional and more reliable information would have the greatest impact on maintaining navigation on the Mississippi River.
(3) Report
Not later than 1 year after June 10, 2014, the Secretary shall submit to Congress and make publicly available a report on the activities carried out by the Secretary under this section.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of
§606. Removal of snags, and so forth, from Ohio River
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.
(Sept. 19, 1890, ch. 907, §13,
Editorial Notes
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.
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.
Statutory Notes and Related Subsidiaries
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,
Appropriations
Act June 26, 1934, ch. 756, §2,
§607. Removal of drift from New York Harbor
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.
(Aug. 8, 1917, ch. 49, §1,
Editorial Notes
Codification
Section is from act Aug. 8, 1917, the Rivers and Harbors Appropriation Act of 1917.
Statutory Notes and Related Subsidiaries
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,
§607a. Appropriations; separate project
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.
(July 3, 1930, ch. 847, §6,
Statutory Notes and Related Subsidiaries
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,
§608. Construction of fishways
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.
(Aug. 11, 1888, ch. 860, §11,
Editorial Notes
Codification
Section is from act Aug. 11, 1888, the Rivers and Harbors Appropriation Act of 1888.
Statutory Notes and Related Subsidiaries
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,
§609. Sluices and other work in dams for development of water power
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.
(July 25, 1912, ch. 253, §12,
Editorial Notes
Codification
Section is from act July 25, 1912, the Rivers and Harbors Appropriation Act of 1912.
Statutory Notes and Related Subsidiaries
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,
§610. Control of aquatic plant growths and invasive species
(a) In general
(1) In general
There is hereby authorized a comprehensive program to provide for prevention, control, and progressive eradication of noxious aquatic plant growths and aquatic invasive species 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.
(2) Local interests
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.
(3) Federal costs
Costs for research and planning undertaken pursuant to the authorities of this section shall be borne fully by the Federal Government.
(b) Authorization of appropriations
(1) In general
There is authorized to be appropriated to carry out this section (except for subsections (f) and (g)) $130,000,000 for each fiscal year, of which—
(A) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(i);
(B) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(ii);
(C) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(iii);
(D) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(iv); and
(E) $10,000,000 shall be made available to carry out subsection (d)(1)(A)(v).
(2) Other programs
(A) In general
There are authorized to be appropriated—
(i) $10,000,000 for each of fiscal years 2021 through 2024 to carry out subsection (f); and
(ii) $75,000,000 for each of fiscal years 2021 through 2028 to carry out subsection (g)(2).
(B) Invasive plant species pilot program
There is authorized to be appropriated to the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, $10,000,000 to carry out subsection (g)(3).
(3) Control operations
Any funds made available under paragraph (1) or (2)(A) to be used for control operations shall be allocated by the Chief of Engineers on a priority basis, based on 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.
(d) Watercraft inspection and Decontamination stations
(1) In general
(A) Watercraft inspection and decontamination stations
In carrying out this section, the Secretary shall establish (as applicable), operate, and maintain new or existing watercraft inspection and decontamination stations—
(i) to protect the Columbia River Basin;
(ii) to protect the Upper Missouri River Basin;
(iii) to protect the Upper Colorado River Basin and the South Platte and Arkansas River Basins;
(iv) to protect the Russian River Basin, California; and
(v) to protect basins and watersheds that adjoin an international border between the United States and Canada.
(B) Locations
The Secretary shall place watercraft inspection and decontamination stations under subparagraph (A) at locations with the highest likelihood of preventing the spread of aquatic invasive species into and out of waters of the United States, as determined by the Secretary in consultation with the Governors and entities described in paragraph (3).
(C) Rapid response
The Secretary shall assist States within the areas described in subparagraph (A) with rapid response to any aquatic invasive species, including quagga or zebra mussel, infestation.
(2) Cost share
The non-Federal share of the cost of constructing, operating, and maintaining watercraft inspection and decontamination stations described in paragraph (1) (including personnel costs) shall be—
(A) 50 percent; and
(B) provided by the State or local governmental entity in which such inspection station is located.
(3) Coordination
In carrying out this subsection, the Secretary shall consult and coordinate with—
(A) the Governors of the States within the areas described in each of clauses (i) through (v) of paragraph (1)(A), as applicable;
(B) Indian tribes; and
(C) other Federal agencies, including—
(i) the Department of Agriculture;
(ii) the Department of Energy;
(iii) the Department of Homeland Security;
(iv) the Department of Commerce; and
(v) the Department of the Interior.
(e) Monitoring and contingency planning
In carrying out this section, the Secretary may—
(1) carry out risk assessments of water resources facilities;
(2) monitor for aquatic invasive species;
(3) assist States in early detection of aquatic invasive species, including quagga and zebra mussels; and
(4) monitor water quality, including sediment cores and fish tissue samples.
(f) Invasive species management pilot program
(1) Definition of invasive species
In this subsection, the term "invasive species" has the meaning given the term in section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating to invasive species (February 3, 1999)) (as amended by section 2 of Executive Order 13751 (81 Fed. Reg. 88609; relating to safeguarding the Nation from the impacts of invasive species (December 5, 2016))).
(2) Development of plans
The Secretary, in coordination with the Aquatic Nuisance Species Task Force, shall carry out a pilot program under which the Secretary shall collaborate with States in the Upper Missouri River Basin in developing voluntary aquatic invasive species management plans to mitigate the effects of invasive species on public infrastructure facilities located on reservoirs of the Corps of Engineers in those States.
(3) Management plan
(A) In general
The Secretary, in consultation with the Governor of each State in the Upper Missouri River Basin that elects to participate in the pilot program, shall prepare a management plan, or update or expand an existing plan, for each participating State that identifies public infrastructure facilities located on reservoirs of the Corps of Engineers in those States that—
(i) are affected by aquatic invasive species; and
(ii) need financial and technical assistance in order to maintain operations.
(B) Use of existing plans
In developing a management plan under subparagraph (A), the Secretary shall consider a management plan submitted by a participating State under
(4) Termination of authority
The authority provided under this subsection shall terminate on September 30, 2028.
(g) Invasive species prevention, control, and eradication
(1) Definition of invasive species
In this subsection, the term "invasive species" has the meaning given the term in section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating to invasive species (February 3, 1999)) (as amended by section 2 of Executive Order 13751 (81 Fed. Reg. 88609; relating to safeguarding the Nation from the impacts of invasive species (December 5, 2016))).
(2) Invasive species partnerships
(A) In general
The Secretary may enter into partnerships with applicable States and other Federal agencies to carry out actions to prevent the introduction of, control, or eradicate, to the maximum extent practicable, invasive species that adversely impact water quantity, water quality, or ecosystems in the Platte River Basin, the Upper Colorado River Basin, the Upper Snake River Basin, the Lake Erie Basin, the Ohio River Basin, and the Upper Missouri River Basin.
(B) Prioritization
In selecting actions to carry out under a partnership under subparagraph (A), the Secretary shall give priority to projects that are intended to control or eradicate the Russian olive (Elaeagnus angustifolia), hydrilla (Hydrilla verticillata), or saltcedar (of the genus Tamarix).
(3) Invasive plant species pilot program
(A) Definitions
In this paragraph:
(i) Eligible entity
The term "eligible entity" means a partnership between or among 2 or more entities that—
(I) includes—
(aa) at least 1 flood control district; and
(bb) at least 1 city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State or Indian Tribe (as defined in
(II) may include any other entity (such as a nonprofit organization or institution of higher education), as determined by the Secretary.
(ii) Invasive plant species
The term "invasive plant species" means a plant that is nonnative to the ecosystem under consideration, the introduction of which causes or is likely to cause economic harm or harm to human health.
(B) Pilot program
The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall establish a pilot program under which such Secretary shall work with eligible entities to carry out activities—
(i) to remove invasive plant species in riparian areas that contribute to drought conditions in—
(I) the Lower Colorado River Basin;
(II) the Rio Grande River Basin;
(III) the Texas Gulf Coast Basin; and
(IV) the Arkansas-White-Red Basin;
(ii) where appropriate, to replace the invasive plant species described in clause (i) with ecologically suitable native species; and
(iii) to maintain and monitor riparian areas in which activities are carried out under clauses (i) and (ii).
(C) Report to Congress
Not later than 18 months after December 27, 2020, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the implementation of the pilot program.
(D) Termination of authority
The authority provided under this paragraph shall terminate on September 30, 2028.
(4) Cost share
The Federal share of an action carried out under a partnership under paragraph (2) or an activity carried out under the pilot program under paragraph (3) shall not exceed 80 percent of the total cost of the action or activity.
(
Editorial Notes
References in Text
Executive Order 13112, referred to in subsecs. (f)(1) and (g)(1), is set out as a note under
Amendments
2022—Subsec. (b)(2)(A)(ii).
Subsec. (f)(4).
Subsec. (g)(2)(A).
Subsec. (g)(2)(B).
Subsec. (g)(3)(D).
2020—Subsec. (b)(1).
Subsec. (b)(1)(D), (E).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (d).
Subsec. (d)(1)(A).
Subsec. (d)(1)(A)(iii).
Subsec. (d)(1)(A)(iv), (v).
Subsec. (d)(1)(B).
Subsec. (d)(2).
Subsec. (d)(3)(A).
Subsecs. (f), (g).
2018—Subsec. (b).
Subsec. (d)(1).
Subsec. (d)(3)(A).
2016—Subsec. (d)(1).
Subsec. (d)(3)(A).
Subsec. (e)(3).
2014—Subsec. (a).
Subsec. (a)(1).
Subsec. (b).
Subsecs. (d), (e).
1999—Subsec. (a).
Subsec. (b).
Subsec. (c).
1996—Subsec. (a).
1986—Subsec. (b).
1983—Subsec. (b).
1965—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Harmful Algal Bloom Demonstration Program
"(a)
"(b)
"(1) consult with the heads of appropriate Federal and State agencies; and
"(2) make maximum use of existing Federal and State data and ongoing programs and activities of Federal and State agencies, including the activities of the Secretary carried out through the Engineer Research and Development Center pursuant to section 1109 of the Water Resources Development Act of 2018 [
"(c)
"(1) the Great Lakes;
"(2) the tidal and inland waters of the State of New Jersey, including Lake Hopatcong, New Jersey;
"(3) the coastal and tidal waters of the State of Louisiana;
"(4) the waterways of the counties that comprise the Sacramento-San Joaquin Delta, California;
"(5) the Allegheny Reservoir Watershed, New York;
"(6) Lake Okeechobee, Florida;
"(7) the Caloosahatchee and St. Lucie Rivers, Florida;
"(8) Lake Sidney Lanier, Georgia;
"(9) Rio Grande River Basin, Colorado, New Mexico, and Texas;
"(10) lakes and reservoirs in the State of Ohio;
"(11) the Upper Mississippi River and tributaries;
"(12) Detroit Lake, Oregon;
"(13) Ten Mile Lake, Oregon; and
"(14) the coastal waters of the United States Virgin Islands.
"(d)
"(e)
Update on Invasive Species Policy Guidance
"(a)
"(b)
"(1) high-altitude lakes;
"(2) the Tennessee and Cumberland River basins; and
"(3) the Sacramento-San Joaquin Delta, California."
Terrestrial Noxious Weed Control Pilot Program
"(a)
"(b)
"(c)
"(d)
Asian Carp Prevention and Control Pilot Program
"(a)
"(1)
"(2)
"(A)
"(B)
"(i) applicable Federal, State, and local agencies;
"(ii) institutions of higher education; and
"(iii) relevant private organizations, including nonprofit organizations.
"(C)
"(i)
"(ii)
"(3)
"(4)
"(A)
"(B)
"(5)
"(6)
"(7)
"(8)
Harmful Algal Bloom Technology Demonstration
"(a)
"(b)
SUBCHAPTER V—PROSECUTION OF WORK GENERALLY
§621. By what methods river and harbor work may be authorized to be prosecuted
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.
(Sept. 22, 1922, ch. 427, §10,
Editorial Notes
Codification
Section is from the Rivers and Harbors Appropriation Act of 1922.
§622. Contracts, etc., with private industry for implementation of projects for improvements and dredging; reduction of federally owned fleet
(a) Contracts for dredging and related work
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) 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. This subparagraph shall not apply to the Federal hopper dredges Essayons and Yaquina of the Corps of Engineers.
(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.
(Aug. 11, 1888, ch. 860, §3,
Editorial Notes
References in Text
Section 563 of the Water Resources Development Act of 1996, referred to in subsec. (c)(2), is section 563 of
Codification
Prior to the general amendment by
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
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, §1,
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,
Amendments
2007—Subsec. (c)(7)(B).
1996—Subsec. (c).
1978—
§623. Repealed. Oct. 31, 1951, ch. 654, §1(57), 65 Stat. 703
Section, act Aug. 11, 1888, ch. 860, §3,
§624. Limitation on improvement work by private contract
(a) Determinations respecting comparison of private contract price with estimation of cost of performance of work by Government plant or by well-equipped contractor
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) 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), 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.
(Mar. 2, 1919, ch. 95, §8,
Editorial Notes
Codification
Section is from the Rivers and Harbors Appropriation Act of 1919.
Amendments
1978—
Statutory Notes and Related Subsidiaries
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, §5,
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, §3,
§625. Repealed. Oct. 31, 1951, ch. 654, §1(58), 65 Stat. 703
Section, acts Sept. 19, 1890, ch. 907, §2,
§626. Prosecution of work when appropriation insufficient
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.
(July 25, 1912, ch. 253, §8,
Editorial Notes
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
Statutory Notes and Related Subsidiaries
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,
Similar Provisions
A similar provision was contained in act Mar. 2, 1907, ch. 2509, §1,
§627. Application of appropriation when separate works are included therein
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.
(Mar. 4, 1915, ch. 142, §3,
Editorial Notes
Codification
Section is from the Rivers and Harbors Appropriation Act of 1915.
Prior Provisions
Section 3 of act Mar. 4, 1915, superseded act Mar. 4, 1913, ch. 144, §7,
"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."
Statutory Notes and Related Subsidiaries
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,
Similar Provisions
The Rivers and Harbors Appropriation Act, Mar. 2, 1919, ch. 95, §2,
Similar provisions were contained in act July 18, 1918, ch. 155, §2,
§628. Expenditure for dredging within harbor lines
No money appropriated for the improvement of rivers and harbors shall be expended for dredging inside of harbor lines duly established.
(July 13, 1892, ch. 158, §5,
Editorial Notes
Codification
Section is from the Rivers and Harbors Appropriation Act of 1892.
§629. Contract for hire of dredging plant
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.
(Mar. 2, 1907, ch. 2509, §5,
Editorial Notes
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, §4,
Statutory Notes and Related Subsidiaries
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,
§630. Limitation on expenditure for purchase of dredges
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.
(Sept. 22, 1922, ch. 427, §5,
Editorial Notes
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.
§631. Transfer of property between projects
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.
(June 13, 1902, ch. 1079, §5,
Editorial Notes
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
Statutory Notes and Related Subsidiaries
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,
§632. Omitted
Editorial Notes
Codification
Section, act June 25, 1910, ch. 382, §5,
§633. Protection, alteration, reconstruction, relocation, or replacement of structures and facilities; contract standards; reasonable costs
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.
(
Editorial Notes
Amendments
1965—
§634. Assistance relating to water supply
The Secretary may provide assistance to municipalities the water supply of which is adversely affected by construction carried out by the Corps of Engineers.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 102 of
§635. Coast Guard anchorages
The Secretary may perform dredging at Federal expense within and adjacent to anchorages established by the Coast Guard pursuant to existing authorities.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of div. AA of