33 USC § 540 - Investigations and improvements; control by Department of the Army; wildlife conservation

---
identifier: "/us/usc/t33/s540"
source: "usc"
legal_status: "official_prima_facie"
title: "33 USC § 540 - Investigations and improvements; control by Department of the Army; wildlife conservation"
title_number: 33
title_name: "NAVIGATION AND NAVIGABLE WATERS"
section_number: "540"
section_name: "Investigations and improvements; control by Department of the Army; wildlife conservation"
chapter_number: 12
chapter_name: "RIVER AND HARBOR IMPROVEMENTS GENERALLY"
subchapter_number: "I"
subchapter_name: "GENERAL PROVISIONS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 20, 1938, ch. 535, § 1, 52 Stat. 802; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)"
---


# § 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.

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**Source Credit**: (June 20, 1938, ch. 535, § 1, 52 Stat. 802; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

## Editorial Notes

### Prior Provisions

Acts , ; , , contained similar provisions.

## Statutory Notes and Related Subsidiaries

### 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 , . Section 205(a) of act , was repealed by section 53 of , . Section 1 of act , 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

, , , 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  [set out as a note under , Highways], the information and other data developed as a result of the study.

### Reimbursement of States for Water Resources Projects; Study

, , , 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 , together with his recommendations in connection therewith.