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Title 33 — Navigation and Navigable Waters

Chapter 12 — River and Harbor Improvements Generally

§ 546. Investigation of stream flow and watersheds; surveys in connection with dams

Statutory text

The surveys of navigable streams shall include such stream-flow measurements and other investigations of the watersheds as may be necessary for preparation of plans of improvement and a proper consideration of all uses of the stream affecting navigation, and whenever necessary similar investigations may be made in connection with all navigable streams under improvement. Whenever permission for the construction of dams in navigable streams is granted, or is under consideration by Congress, such surveys and investigations of the sections of the streams affected may be made as are necessary to secure conformity with rational plans for the improvement of the streams for navigation.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 61–382 § 3 · 36 Stat. 630

    Enacted · 33 U.S.C. § 546

    (June 25, 1910, ch. 382, § 3, 36 Stat. 669.)

    Source evidence

    Code source credit
    (June 25, 1910, ch. 382, § 3, 36 Stat. 669.)

    Enacted provision · exact public law section
    Sec. 3. That for examinations, surveys, and contingencies for rivers and harbors for which there may be no special appropriation, the sum of five hundred thousand dollars is hereby appropriated: Provisos. Authority required. Provided, That no preliminary examination, survey, project, or estimate for new works other than those designated in this or some prior Act or Supplementary reports restricted. joint resolution shall be made: Provided further, That after the regular or formal reports made as required by law on any examination, survey, project, or work under way or proposed are submitted no supplemental or additional report or estimate shall be made unless Special authority to begin work. ordered by a concurrent resolution of Congress. The Government shall not be deemed to have entered upon any project for the improvement of any waterway or harbor mentioned in this Act until funds for the commencement of the proposed work shall have been actually appropriated by law. Allotment of preliminary examinations, etc. The Secretary of War is hereby authorized and directed to cause preliminary examinations and surveys to be made at the localities named in this section, as hereinafter set forth, and a sufficient sum to pay the cost thereof may be allotted from the amount appropriated in Report of examination. this section. In all cases 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, Unfavorable reports. unless a survey or estimate is herein expressly directed. If upon such preliminary examination the proposed improvement is not deemed advisable, no further action shall be taken thereon without Survey, etc., if favorable. 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 War is hereby authorized, in his discretion, to cause surveys to be made, and the cost and advisability to be reported to Requirements. Congress. And such reports containing plans and estimates shall also contain a statement as to the rate at which the work should be Review by board of engineers. Vol. 34, p. 1118. prosecuted. Such examinations and surveys shall be reviewed by the Board of Engineers for Rivers and Harbors, as provided in section three of the river and harbor Act of March second, nineteen hundred Provisos. Additional information required. and seven: Provided, That every examination and survey report submitted to Congress, as provided for herein or as may be provided for hereafter, 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 contain also such data as it may be practicable Terminal facilities. Water transfers, etc. to secure regarding (first) the establishment of terminal and transfer facilities, (second) the development and utilization of water power for industrial and commercial purposes, and (third) such other Coordination with navigation necessary. subjects as may be properly connected with such project: Provided further, That in the investigation and study of these questions consideration shall be given only to their bearing upon the improvement of navigation and 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 provided further, That the investigation and study Extension of existing works. of these questions as provided herein may, upon review by the Board of Engineers for Rivers and Harbors when called for as now provided by law, be extended to any work of improvement now under way and to any locality the examination and survey of which has heretofore been, or may hereafter be, authorized by Congress. The surveys of navigable streams herein or hereafter authorized Examination of watersheds, etc., of navigable streams. shall include such stream-flow measurements and other investigations of the watersheds as may be necessary for preparation of plans of improvement and a proper consideration of all uses of the stream affecting navigation, and whenever necessary similar investigations may be made in connection with all navigable streams under improvement. Whenever permission for the construction of dams in navigable Report on dams, etc. streams is granted, or is under consideration by Congress, such surveys and investigations of the sections of the streams affected may be made as are necessary to secure conformity with rational plans for the improvement of the streams for navigation. All reports of preliminary examinations and surveys which may be Printing preliminary examinations, etc., during recess. Examinations ordered. prepared during the recess of Congress shall, in the discretion of the Secretary of War, be printed by the Public Printer as documents of the following session of Congress. alabama and florida. Escambia and Conecuh rivers up to Brewton. arkansas. Saint Francis River, from its mouth to the mouth of L’Anguille River and L’Anguille River from its mouth to the city of Marianna. White River, at and near Devall Bluff, with a view to improvement for navigation and the revetment of the banks in cooperation with local interests. arkansas and texas. Channel connecting Red and Sulphur rivers by way of Texarkana. california. Long Beach Harbor. Los Angeles (San Pedro) Outer Harbor, with a view to obtaining an increased depth. connecticut. Bridgeport Harbor, with a view to protecting the channels from the erosion of Long Beach. Cove Harbor, with a view to providing an entrance channel of increased depth. Darien River. Thames River, west channel, from Poquetanuck drawbridge to Kiteamaug, for fourteen-foot channel. New Haven Harbor, with a view to improving the channel by way of Oyster Point to the bridge of the New York, New Haven and Hartford Railroad Company, on West River. East Haven River. florida. Apalachicola Bay and Saint George Sound, with a view to determining the best location for a deep-water harbor with entrance channel from the Gulf of Mexico by way of East Pass, West Pass, New Inlet, or by an artificial cut across Saint George Island, consideration being given to the respective needs of the cities of Apalachicola and Carrabelle for increased harbor facilities. Choctawhatchee Bay, with a view to securing a deeper channel to the Gulf of Mexico. Chipola River. Withlacoochee River from Port Inglis to Panasoffkee. Oklawaha River to Lake Dora. Channel from Saint Johns River through Lake Dexter, thence to Lake Woodruff, thence to Saint Johns River below Hawkinsville. Saint Johns River from Jacksonville to Palatka, with a view to securing increased depth. Saint Joseph Bay, with a view to securing increased depth at the entrance thereto. Charlotte Harbor, with a view to securing a channel of increased depth from the Gulf of Mexico to Punta Gorda. Key West Harbor, channels leading thereto. Jupiter Inlet. Gilberts Bar. Lake Crescent and Dunns Creek, Florida, from the Saint Johns River to Crescent City. Lemon Bay to Gasparilla Sound. Biscayne Bay, with a view to providing a channel twenty feet deep and three hundred feet wide through the entrance and a channel of the same depth one hundred and fifty feet wide through the bay to the mouth of Miami River. Kissimmee and Caloosahatchee rivers and Lake Okechobee and tributaries, with a view to adopting a plan of improvement of said waters which will harmonize as nearly as may be practicable with the general scheme of the State of Florida for the drainage of the Everglades. georgia. Darien Harbor, with a view to securing a depth of eighteen feet across the bar. Waterways from Louisville to Savannah, including cut-off or canal from Ogeechee River to Savannah River or Harbor with a view to providing a more direct route between said cities than that afforded by existing channels. Cow Head River, from Lazaretto Creek to Tybee Creek, with a view to securing increased depth. Frederica River, at or near Fort Frederica. Savannah River and Harbor, for two miles above the upper limits of the city of Savannah, with a view to securing improved navigation. Altamaha River. Satilla River, above Burnt Fort. hawaii. Harbors of the island of Kauai, with a view to determining the best location for a port. illinois. Illinois River, between Hurricane Island and Calhoun County, for the purpose of providing a suitable channel. Mississippi River, opposite Thomas Landing, in Calhoun County, for the purpose of providing a suitable channel. Mississippi River, opposite the City of Saint Louis, from the south end of Cabaret Island to the north end of Arsenal Island, for the purpose of providing a suitable channel by revetment of the bank. West Branch, South fork, Chicago River, from Robey street west to Forty-eighth avenue, with a view to securing a channel twenty-one feet deep and one hundred and seventy-five feet wide, except through rock cutting it shall be one hundred feet wide. indiana and illinois. Wabash River, from its mouth to Terre Haute, with special report as to improving said river up to Mount Carmel by dredging. kentucky. Green River, with a view to an extension of the present system of locks and dams. louisiana. Abita River, from Abita Springs to Bogue Falia. Bayou Grossetete, from its source to Bayou Plaquemine. louisiana and mississippi. Amite River, from the mouth of Bayou Manchac to a point west of the town of Liberty, in Amite County, Mississippi. maine. Portland Harbor. Boothbay Harbor. Chandlers River, with a view to its improvement by dredging from its mouth to Jonesboro. Kennebunk River. South Bristol Harbor, with a view to a channel thirty feet wide and twelve feet deep through the drawbridge. New Meadows River. Ogunquit Harbor. Bass Harbor Bar and Deer Island Thoroughfare. Corea Harbor, Gouldsboro. Camden Harbor, with a view to constructing a breakwater from the mainland to Negro Island. Medomak River. Northeast Harbor, Mount Desert. maryland. Broad Creek, a waterway connecting Pocomoke Sound and Little Annemessex River. Tilghman Island Harbor, with a view to securing increased depth. Northeast River from its mouth to the town of North East. Tred Avon River, with a view to securing increased width of channel from Easton Point to the mouth of Peach Blossom Creek. Slaughter Creek, with a view to removing the bar at the mouth. Winchester Harbor. Saint Martins River in Worcester County. Sinepuxent Bay, with a view to a channel five feet in depth from the mouth of Saint Martins River south. Twitch Cove and Big Thoroughfare River connecting Tylers River with Tangier Sound, in Chesapeake Bay. massachusetts. Harbor at New Bedford and Fair Haven, with a view to extending the channel to Belleville. Malden River. Boston Harbor, with a view to securing increased depth in South Bay; Chelsea Creek between the Meridian Street Bridge and the old East Boston Bridge, and the south channel of Mystic River. Salem Harbor, with a view to removing a shoal in the outer harbor of Salem and Beverly. Weymouth Fore River, below the Quincy Point Bridge, with a view to straightening and improving the channel. Plymouth Harbor. michigan. Saint Marys River at the Falls, with a view to the construction of an additional lock. Keweenaw Waterway, with a view to enlarging the stilling basin at the west end, and increasing size of harbor of refuge. Manistee Harbor, with a view to securing a channel not less than twenty feet deep from Lake Michigan to Lake Manistee, and the enlargement of the outer harbor, including the construction of a new south pier. arcadia harbor. Detroit River, Wyandotte Channel, lying between Fighting Island and the City of Wyandotte, with a view to straightening the channel. Saint Marys River, with a view to the removal of shoals and reefs near Detour. minnesota. Harbor at Knife River. Rainy River, with a view to removing obstructions in the channel at Rainier. Mississippi River, with a view to the removal of a ledge in Aitkin County at or near Pine Knoll. Harbor and channel at Saint Paul. Saint Croix River at Afton. Mississippi River, between Winnibigoshish and Pokegama reservoirs; and from Leech Lake dam to the mouth of Leech River, with a view to straightening and improving the channel. minnesota and north dakota. Red River of the North and its headwaters in Minnesota and North Dakota, with a view to determining whether storage reservoirs are necessary in the interest of navigation. minnesota and wisconsin. Saint Louis River, from the head of the present project near the north end of Spirit Lake up to New Duluth, and from thence up to the stone quarries near Fond du Lac. mississippi. Big Black River, from its mouth to the town of West. Quiver River. Yalobusha River, to the town of Derma. Mouth of Pascagoula River, with a view to securing increased depth in a continuous channel from the upper limits of the present project in Dog River to deep water in the Gulf of Mexico. missouri. Gasconade River from Gascondy to Arlington. nebraska. Missouri River near Omaha, South Omaha, Florence, and Dundee, with a view to improvement for navigation and protection of the banks in cooperation with local interests. Missouri River at some point or points between Omaha and the mouth of the Platte River, with a view to determining by trial the practicability of the cable and sand plan for the protection of the channel and banks of the river. new jersey. Newark Bay and Passaic and Hackensack rivers, with a view to securing channel depths of twenty and twenty-five feet from Kill van Kull to the bridges of the Newark and New York Railroad over said rivers; a depth of twenty feet up the Passaic River, first to Center street in the city of Newark, and second to the Nairn Linoleum Works, and a suitable depth from the last-named point to the city of Passaic. Ship canal with depths of thirty and thirty-five feet extending from a point in the city of Newark, below the junction of the Pennsylvania and Lehigh Valley railroads through the Newark Meadows and Newark Bay to deep water of the Kill van Kull. Woodbury Creek. Absecon Creek. Cooper Creek, with a view to an increased depth and an extension of the project. Elizabeth River, with a view to providing a channel of sufficient depth from the Broad street bridge to the channel in Staten Island Sound. South River, with a view of deepening the channel between South River and Old Bridge to a depth of six feet. Delaware River, with a view to connecting the landing at Borden-town with the main channel. Raritan River, including a widening of the channel from the mill or Martins Creek to Martins Dock on the north side. Absecon Inlet, with a view to improving and maintaining the channel. Pensauken Creek. new york. Great Sodus Bay. Harbor at Port Henry. Great Kills Harbor, with a view to securing increased anchorage area. Buffalo Harbor, with a view to securing increased depth in the outer harbor and entrances thereto. Sag Harbor, with a view to securing increased anchorage area and protecting the channel between said harbor and Gardiners Bay from the erosion of Cedar Point. Olcott Harbor, with a view to securing increased depth. Hudson River, with a view to securing increased depth. Niagara River, with a view to securing a depth of eighteen feet from Black Rock Harbor to the foot of Sugar street in the city of Niagara Falls by way of the channel on the east side of Grand Island; also between the points named above by way of the channel on the west side of Grand Island between said island and Navy Island. Bronx River. Lemon Creek. Little Neck Bay. Manhasset Harbor. Mount Sinai Harbor. Hudson River at Ossining. Milton Harbor and Mill Creek. Larchmont Harbor. New York Harbor, with a view to determining whether additional channel width and depth are necessary in the North or Hudson River. new york and vermont. Narrows of Lake Champlain. north carolina. Cape Lookout Harbor, with a view to determining its availability and adaptability as a commercial harbor. Core Creek, with a view to the improvement of navigation up to Core Creek landing. Scuppernong River to the town of Cherry. Edenton Bay. Harbor of Belhaven, and entrance thereto. Slades Creek. Channel from Core Sound to Newport River, by way of Taylors Creek or Carrot Island Slough. Elizabeth River. Fishing Creek. French Broad River. Shallotte River. ohio. Cuyahoga River, from its mouth to a more southerly connection with the Ohio Canal, with a view to eliminating bends and securing a navigable depth of twenty-one feet, with suitable width; with a report on any proposition for cooperation by localities affected thereby. Sandusky River, from its mouth to Fremont, with a view to securing a navigable depth of ten feet, with suitable width. Vermilion Harbor, with a view to securing additional width of harbor entrance. Sandusky Harbor. ohio and indiana. Maumee River, from Toledo to Fort Wayne. oregon. Coos Bay and entrance, including the removal of Guano Rock. Umpqua River, from Scottsburg to Roseburg. Oregon Slough, branch of Columbia River, opposite Vancouver, Washington. Willamette River, between Portland and Oregon City. Tillamook Bay and bar, with a view to securing a channel with a depth of fifteen feet and twenty feet, respectively; with a report on any proposition for cooperation by localities affected thereby. North Fork of Coquille River, for a distance of seventeen miles up the stream from the mouth. East Fork of Coquille River, for a distance of eight miles up the stream from the mouth. pennsylvania. Frankford Creek. Ridley River. Chester River. Darby River. porto rico. Palmas Altas Harbor. rhode island. Sakonnet Harbor. south carolina. Waterways from Orangeburg to Charleston, including cut-off or canal from Edisto River to Ashley River with a view to providing a more direct route between said cities than that afforded by existing channels. Waterways from Columbia and Camden to Charleston, including cut-off or canal from Santee River by any existing or proposed route to Cooper River or Wando River and any of their tributaries with a view to providing a more direct route between said cities than that afforded by existing waterways. Great Pedee River, at Gibson Dam, with a view to aiding navigation. Salkehatchie River to Morris Crossing. South Fork Edisto River to Guignards Landing. Harbor at Charleston, with a view to securing a depth of thirty feet. Archers Creek. texas. Old (Trinity) River, in Chambers County, with a view to securing increased depth. Pilkington Bayou. Tres Palacios River. Aransas Pass and tributary waters, including channels to Corpus Christi, Rockport, Aransas Pass, and to the mainland at any available point, with a view to determining the best location for a deep-water harbor or port. Said examination and report to be made by a board of five engineers, to be appointed by the Secretary of War. Sabine River, as far as practicable above Orange. Brazos River, with a view to preventing a cut-off at Jupiters Cut. texas and oklahoma. Red River, from the mouth of the Washita River to the mouth of the Big Wichita River. virginia. Willis River. Archers Hope River, with a view to securing increased depth from its mouth to Williamsburg. Aquia Creek from Coals Landing to the mouth. Newport News Creek, with a view to securing a depth of eight feet. Pagan River, with a view to securing a depth of twelve feet, and a turning basin at Smithfield. washington. Skagit River, from Sedro-Woolley to Baker. Sammamish River. Duwamish River. Hoquiam River. Dabob Bay. Stilaguamish River. East and west waterways in Seattle Harbor, with view to maintenance by United States Government. Edmonds Harbor. For a ship canal between Port Townsend Bay, Puget Sound, and Oak Harbor. Harbor of refuge at Neah Bay, or at such other point in the vicinity thereof as will best subserve the interests of commerce and navigation. west virginia. Deckers Creek, with a view to securing for a distance of two thousand five hundred feet up from its mouth a channel and harbor with the same depth of water as in the Monongahela River where said Deckers Creek empties into said river. wisconsin. Detroit Harbor. Two Rivers, with a view to the further improvement of said harbor by the construction of a south stilling basin, or otherwise. Waupaca River, from its mouth to Weyauwega.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Codification

Section is from section 3 of act , popularly known as the “Rivers and Harbors Appropriation Act of 1910”. Other provisions of such section were omitted, as superseded by section 545 of this title.

Prior Provisions

General provisions regulating the construction of dams were made by the Dam Act of June 21, 1906, ch. 3508, 34 Stat. 386, as amended by act June 23, 1910, ch. 360, 36 Stat. 593, apparently omitted from the Code as superseded.

Credits

(June 25, 1910, ch. 382, § 3, 36 Stat. 669.)

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