§ 541. — Board of Engineers for Rivers and Harbors; establishment; duties and powers generally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC541]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 12--RIVER AND HARBOR IMPROVEMENTS GENERALLY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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, Sec. 3, 32 Stat. 372; Mar. 4, 1913, ch. 144,
Sec. 4, 37 Stat. 827; Feb. 10, 1932, ch. 26, 47 Stat. 42; Pub. L. 103-
437, Sec. 12(a), Nov. 2, 1994, 108 Stat. 4590.)
Codification
The original text of section 3 of act June 13, 1902, provided for
``a board of five engineer officers, whose duties shall be fixed by the
Chief of Engineers.'' The last proviso of act Mar. 4, 1913, provided
``that said board shall consist of seven members, a majority of whom
shall be of rank not less than lieutenant colonel.''
Other parts of section 4 of act Mar. 4, 1913, are set out in section
542 of this title.
Amendments
1994--Pub. L. 103-437 substituted ``Committee on Public Works and
Transportation of the House of Representatives, or the Committee on
Environment and Public Works of the Senate'' for ``Committee on Rivers
and Harbors of the House of Representatives, or the Committee on
Commerce of the Senate''.
1932--Act Feb. 10, 1932, inserted sentence defining ``commerce''.
Change of Name
Committee on Public Works and Transportation of House of
Representatives treated as referring to Committee on Transportation and
Infrastructure of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The Congress.
Termination of Board of Engineers for Rivers and Harbors and
Reassignment of Duties and Responsibilities
Pub. L. 102-580, title II, Sec. 223, Oct. 31, 1992, 106 Stat. 4837,
provided that: ``The Board of Engineers for Rivers and Harbors,
established by section 3 of the River and Harbor Act of June 13, 1902
(33 U.S.C. 541), shall cease to exist on the 180th day following the
date of the enactment of this Act [Oct. 31, 1992]. The Secretary may
reassign to other elements within the Department of the Army such duties
and responsibilities of the Board as the Secretary determines to be
necessary.''
Waterways Commission
Act Aug. 8, 1917, ch. 49, Sec. 18, 40 Stat. 269, created a
commission to be known as the Waterways Commission, to bring into
coordination and cooperation the engineering, scientific, and
constructive services, bureaus, boards, etc., relating to study
development, or control of waterways, etc., prior to repeal by act June
10, 1920, ch. 285, Sec. 29, 41 Stat. 1077.
Section Referred to in Other Sections
This section is referred to in sections 426-3, 542 of this title.
