U.S. Code » Title 33 » Chapter CHAPTER 12— RIVER AND HARBOR IMPROVEMENTS GENERALLY › Subchapter SUBCHAPTER I— GENERAL PROVISIONS

33 U.S.C. § 540

Investigations and improvements; control by Department of the Army; wildlife conservation

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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.

Notes of Decisions
Cited in 18 cases, 1950–2019 · leading case: Northlight Harbor, LLC v. United States, 561 F. Supp. 2d 517 (D.N.J. 2008).
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Northlight Harbor, LLC v. United States, 561 F. Supp. 2d 517 (D.N.J. 2008). · cites it 2× “Likewise, 33 U.S.C. § 540 vests within the Army Corps responsibility for improving navigable waterways: 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…”
Env't Def. Fund, Inc. v. Corps of Engineers of the United States Army, 325 F. Supp. 749 (E.D. Ark. 1971). · cites it 2× ““The same may be said with regard to the plaintiffs’ ‘Third Cause of Acftion’ predicated upon 33 U.S.C. § 540 , which requires that ‘federal improvements of rivers * * * shall include a due regard for wildlife conservation.”
Env't Def. Fund, Inc. v. Corps of Engineers of the U. S. ARMY, 325 F. Supp. 728 (E.D. Ark. 1971). · cites it 2× “114 (the Environmental Quality Improvement Act of 1970); 33 U.S.C. § 540 ; 43 U.S.C. § 390b (the Water Supply Act of 1958); 33 U.”
Env't Def. Fund, Inc. v. Corps of Engineers of the United States Army, 470 F.2d 289 (8th Cir. 1972). “§ 701a, and that defendants were proceeding without due regard for wildlife conservation, in violation of 33 U.S.C. § 540 , and in excess of legislative authorization.”
MS Tabea Schiffahrtsgesellschaft MBH & Co. KG v. Bd. of Commissioners, 636 F.3d 161 (5th Cir. 2011). “While the Corps is statutorily charged with maintaining and improving the nation’s waterways, see 33 U.S.C. § 540 and § 622(a), “this grant of power certainly is not an assumption of the duty to make all interstate waterways navigable.”
Save the Dunes Council v. Clifford L. Alexander, Sec'y of the Army, 584 F.2d 158 (7th Cir. 1978). “33 U.S.C. § 540 merely vests continuing jurisdiction over improvements in navigable waters in the Secretary and the Corps.”
Charles C. Allison v. Robert C. Froehlke, Sec'y of the Army, 470 F.2d 1123 (5th Cir. 1972). “; the Act of June 20, 1938, 33 U.S.C. § 540 ; the Historical and Archeological Preservation Act, 16 U.”
Muniz-Rivera v. United States, 204 F. Supp. 2d 305 (D.P.R. 2002). “See 33 U.S.C.A. § 540 (West 2001) (“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…”
Musgrave Et Ux. v. Lucas Et Ux., 238 P.2d 780 (Or. 1951). “33 USCA § 540 (June 20, 1938, c. 535, § 1, 52 Stat.”
Env't Def. Fund, Inc. v. Corps of Engineers of United States Army, 348 F. Supp. 916 (N.D. Miss. 1972). “In a bench ruling the court dismissed plaintiffs’ second cause of action based upon the Pish and Wildlife Coordination Act of 1934; the third cause of action based upon the River and Harbors Improvements Act, 33 U.S.C. § 540 ; the fourth cause of action based upon the…”
Rank v. Krug, 90 F. Supp. 773 (S.D. Cal. 1950). “the conditions set forth in such documents; and that hereafter Federal investigations and improvements of rivers, harbors, and other waterways shall be under the jurisdiction of and shall be prosecuted by the War Department under the direction of the Secretary of War and the…”
Gallenthin Realty Dev., Inc. v. BP Prods. of North Am., Inc., 163 F. App'x 146 (3d Cir. 2006). “§ 1331 , the River and Harbors Improvement Act, 33 U.S.C. §§ 540 et seq., and the Commerce Clause, U.”
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