republic-os/legal/us/code/title-33/chapter-12/section-541.md

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LegalText	33 U.S.C. § 541	Board of Engineers for Rivers and Harbors; establishment; duties and powers generally	us	united_states_code	code_section	33	NAVIGATION AND NAVIGABLE WATERS	12	RIVER AND HARBOR IMPROVEMENTS GENERALLY	541	33 U.S.C. § 541	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip	/us/usc/t33/s541	data/legal/raw/us/code/title-33/usc33.xml	ca9bdf95b12103ddf4bca5573c0bcd3410462f7065f3bafa93aebfd0276c2c0f	de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523	d1ce9c632894706312b1fcb9bffc727ac9f5dfd1c769750372c6094f79de3894	2026-07-04	official	legal us-code

33 U.S.C. § 541 - Board of Engineers for Rivers and Harbors; establishment; duties and powers generally

Text

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, 32 Stat. 372; Mar. 4, 1913, ch. 144, § 4, 37 Stat. 827; Feb. 10, 1932, ch. 26, 47 Stat. 42; Pub. L. 103–437, § 12(a), Nov. 2, 1994, 108 Stat. 4590.)

Notes

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.

Amendments1994—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.