§ 545. — Preliminary examinations and reports; surveys; contents of report to Congress 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: 33USC545]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 12--RIVER AND HARBOR IMPROVEMENTS GENERALLY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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, Sec. 3, 37 Stat. 825; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501.)
Codification
This section and the second paragraph of section 556 of this title
are from section 3 of act Mar. 4, 1913, popularly known as the ``Rivers
and Harbors Appropriation Act of 1913''. That section superseded similar
provisions of act June 25, 1910, ch. 382, Sec. 3, 36 Stat. 668, for
reports, investigations on review by the board of Engineers and for the
printing of reports.
Prior Provisions
Provision for report of examinations of river and harbor
improvements appeared in R.S. Sec. 231, repealed by act Mar. 3, 1933,
ch. 202, Sec. 1, 47 Stat. 1428, and read as follows: ``The Secretary of
War shall cause to be prepared and submitted to Congress, in connection
with the reports of examinations and surveys of rivers and harbors
hereafter made by order of Congress, full statements of all existing
facts tending to show to what extent the general commerce of the country
will be promoted by the several works of improvements contemplated by
such examinations and surveys, to the end that public moneys shall not
be applied excepting where such improvements shall tend to subserve the
general commercial and navigation interests of the United States.''
Change 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.
Termination of Board of Engineers for Rivers and Harbors and
Reassignment of Duties and Responsibilities
For termination of Board of Engineers for Rivers and Harbors 180
days after Oct. 31, 1992, and reassignment of duties and
responsibilities by Secretary of Army, see section 223 of Pub. L. 102-
580, set out as a note under section 541 of this title.
Temporary Prohibitory Provisions
Provisions prohibiting supplemental reports or estimates,
prohibiting the making of examination or survey for new works not
designated, and providing that projects were not to be deemed entered
upon until appropriations were made, appeared in various rivers and
harbors appropriation acts. They are omitted from the Code as superseded
or temporary.
Report on Improvements for Coastal Defense Purposes
The Secretary of War and the Secretary of the Navy were authorized
and directed to report to Congress at the earliest practicable date,
such specific plans for improvement of harbors, canals and connecting
channels as would best provide adequate facilities for operations of the
fleet for defense of the harbors on the Atlantic, Gulf, and Pacific
coasts; also the feasible extensions requisite to make existing approved
projects for improvement of such harbors, canals, and channels available
for such purposes, and the cost of each such several improvements,
calculated upon the basis of completion under contract within five
years, by act Aug. 29, 1916, ch. 417, 39 Stat. 556, omitted from the
Code as special and temporary.
Preliminary Examinations and Surveys of Great Lakes
The Secretary of War was directed to cause preliminary examinations
and surveys to be made of the harbors and connecting waters of the Great
Lakes with a view to determining what additional improvements would be
necessary to permit those waterways to accommodate vessels to pass
through the Welland Canal when enlarged by the Dominion of Canada,
including report as to the character and draft of vessels which might be
expected to use the canal when so enlarged, by a provision of the Rivers
and Harbors Appropriation Act of 1916, act July 27, 1916, ch. 260,
Sec. 2, 39 Stat. 411, omitted from the Code as special and temporary.
