§ 540. — Investigations and improvements; control by Department of the Army; wildlife conservation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC540]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 12--RIVER AND HARBOR IMPROVEMENTS GENERALLY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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, Sec. 1, 52 Stat. 802; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501.)
Prior Provisions
Acts Aug. 30, 1935, ch. 831, 49 Stat. 1028; Aug. 26, 1937, ch. 832,
50 Stat. 844, contained similar provisions.
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative supervision of Secretary of the Army.
Waterway Improvements Study and Report; Availability of Data to National
Transportation Policy Commission
Pub. L. 94-587, Sec. 158, Oct. 22, 1976, 90 Stat. 2933, directed the
Secretary of the Army, acting through the Chief of Engineers, to make a
comprehensive study and report on the system of waterway improvements
under his jurisdiction, including a review of emergency and defense
requirements and an appraisal of additional improvements necessary to
optimize the system and its intermodal characteristics, and to submit a
report to Congress within three years after funds were first
appropriated and made available for the study, together with his
recommendations. The Secretary of the Army, acting through the Chief of
Engineers, was to make available to the National Transportation Policy
Study Commission established by section 154 of Public Law 94-280 [set
out as a note under section 101 of Title 23, Highways], the information
and other data developed as a result of the study.
Reimbursement of States for Water Resources Projects; Study
Pub. L. 89-298, title III, Sec. 314, Oct. 27, 1965, 79 Stat. 1096,
authorized the Secretary of the Army, through the Chief of Engineers, to
study the need for and feasibility of Federal reimbursement of certain
public entities for their expenses incurred in connection with
authorized projects for improvements of rivers, harbors, and certain
other waterways, for various purposes, and to submit a report to
Congress no later than Jan. 31, 1967, together with his recommendations
in connection therewith.
