PRIA, Government Policy, Made Personal

Summary

Creates a board of seven Army engineer officers inside the Chief of Engineers’ office. Most members must be at least lieutenant colonel. The Chief decides what the board will do. The board must review and recommend action on surveys, reports, and river and harbor projects that Congress has required, including projects before or after June 13, 1902. It advises whether to start or continue improvements. When it makes recommendations, the board must consider how much and what kind of commerce will benefit, the relation of construction and upkeep costs to those commercial interests, and whether the work is necessary and appropriate for the United States to pay for. Projects authorized before June 13, 1902 are to be reviewed like new ones. With the Chief’s approval the board may visit sites in person. Everything presented to the board must be written and kept in the Chief’s office records. If the House Committee on Public Works and Transportation or the Senate Committee on Environment and Public Works asks, the board must examine and report on projects adopted before June 13, 1902 or projects with appropriations, including whether to continue or change them. The word “commerce” here includes use of waterways by seasonal passenger craft, yachts, house boats, fishing boats, motor boats, and similar vessels, whether or not they carry paying passengers. The Chief may approve renting office space and hiring civilian staff, and the board’s necessary expenses come from money the Chief allots from Congressional appropriations for the related works.

Title 33, §541

Navigation and Navigable Waters, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

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 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”.

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 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, § 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 CommissionAct Aug. 8, 1917, ch. 49, § 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, § 29, 41 Stat. 1077.

§541 Board of Engineers for Rivers and Harbors; Establishment; Duties and Powers Generally