US (United States) Code. Title 33. Chapter 9: Protection of navigable waters and harbor and rivers improvements

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Navigation and navigable waters

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-CITE-

33 USC CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF

HARBOR AND RIVER IMPROVEMENTS GENERALLY 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

-HEAD-

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

-MISC1-

SUBCHAPTER I - IN GENERAL

Sec.

401. Construction of bridges, causeways, dams or dikes

generally; exemptions.

402. Construction of bridges, etc., over Illinois and

Mississippi Canal.

403. Obstruction of navigable waters generally; wharves;

piers, etc.; excavations and filling in.

403a. Omitted.

403b. Lighting at docks and boat launching facilities.

404. Establishment of harbor lines; conditions to grants

for extension of piers, etc.

405. Establishment and modification of harbor lines on

Potomac and Anacostia Rivers.

406. Penalty for wrongful construction of bridges, piers,

etc.; removal of structures.

407. Deposit of refuse in navigable waters generally.

407a. Deposit of debris of mines and stamp works.

408. Taking possession of, use of, or injury to harbor or

river improvements.

409. Obstruction of navigable waters by vessels; floating

timber; marking and removal of sunken vessels.

410. Exception as to floating loose timber, sack rafts,

etc.; violation of regulations; penalty.

411. Penalty for wrongful deposit of refuse; use of or

injury to harbor improvements, and obstruction of

navigable waters generally.

412. Liability of masters, pilots, etc., and of vessels

engaged in violations.

413. Duty of United States attorneys and other Federal

officers in enforcement of provisions; arrest of

offenders.

414. Removal by Secretary of the Army of sunken water craft

generally; liability of owner, lessee, or operator.

415. Summary removal of water craft obstructing navigation;

liability of owner, lessee, or operator.

(a) Removal authority.

(b) Removal requirement.

(c) Liability of owner, lessee, or operator.

416. Appropriations for removal of sunken water craft.

417. Expenses of investigations by Department of the Army.

418. Provisions for protection of New York Harbor

unaffected.

419. Regulation by Secretary governing transportation and

dumping of dredgings, refuse, etc., into navigable

waters; oyster lands; appropriations.

419a. Management practices to extend capacity and useful

life of dredged material disposal areas.

420. Piers and cribs on Mississippi and St. Croix Rivers.

421. Deposit of refuse, etc., in Lake Michigan near

Chicago.

422. Modification and extension of harbor lines at Chicago.

423. Establishment of pierhead and bulkhead lines in

Wilmington Harbor, California.

424. Establishment of pierhead or bulkhead lines in Newport

Harbor, California.

424a. Modification of harbor lines in Newport Harbor,

California.

425. Omitted.

426. Investigations concerning erosion of shores of coastal

and lake waters.

426-1. Coastal Engineering Research Center; establishment;

powers and functions.

426-2. Board on Coastal Engineering Research.

426-3. Transfer of functions of Beach Erosion Board.

426a. Additional investigations concerning erosion of shores

of coastal and lake waters; payment of costs;

"shores" defined.

426b. Applicability of existing laws; projects referred to

Board of Engineers for Rivers and Harbors.

426c. Report by Coastal Engineering Research Center.

426d. Payment of expenses.

426e. Federal aid in protection of shores.

(a) Declaration of policy.

(b) Federal contribution; maximum amount;

exceptions.

(c) Periodic beach nourishment; "construction"

defined.

(d) Shores other than public.

(e) Authorization of projects.

426f. Reimbursements.

(a) In general.

(b) Agreements.

426g. Authorization of small projects not specifically

authorized; expenditures; local cooperation; work to

be complete; exceptions.

426g-1. State and regional plans.

426h. National shoreline erosion control development and

demonstration program.

(a) Establishment of erosion control program.

(b) Requirements.

(c) Consultation.

(d) Report.

(e) Funding.

426h-1. Definitions.

426i. Shore damage prevention or mitigation.

(a) In general.

(b) Cost sharing.

(c) Requirement for specific authorization.

(d) Coordination.

426i-1. Construction of shoreline protection projects by

non-Federal interests.

(a) Authority.

(b) Studies and engineering.

(c) Completion of studies.

(d) Authority to carry out improvement.

(e) Reimbursement.

426i-2. National coastal data bank.

426j. Placement on State beaches of sand dredged in

constructing and maintaining navigation inlets and

channels adjacent to such beaches.

426k. Five year demonstration program to temporarily

increase diversion of water from Lake Michigan at

Chicago, Illinois.

(a) Authorization of Secretary of the Army;

purpose; amounts of increase; incremental

accomplishment; effects on Illinois Waterway;

responsibilities for development,

implementation, and supervision.

(b) Establishment of monthly controllable diversion

rates; average annual level of Lake Michigan

and total diversion for succeeding accounting

year.

(c) River stages approaching bankfull conditions on

Illinois Waterway or Mississippi River or

further increased diversion adversely

affecting St. Lawrence Seaway water levels:

limitation on diversion.

(d) Additional study and demonstration program:

determination of effects on Great Lakes levels

and Illinois Waterway water quality and

susceptibility to additional flooding and

investigation of other adverse or beneficial

impacts; report and recommendations to

Congress.

(e) "Controllable diversion" defined.

426l. Protection of Lake Ontario.

(a) Plan for shoreline protection and beach erosion

control; report to Congress.

(b) Minimization of damage and erosion to Lake

Ontario shoreline.

(c) Authorization of appropriations.

(d) Short title.

426m. Collection and removal of drift and debris from

publicly maintained commercial boat harbors and

adjacent land and water areas.

(a) Congressional findings.

(b) Responsibility of Secretary of the Army for

development of projects; project undertakings

exempt from specific Congressional approval.

(c) Federal share of costs; responsibility of

non-Federal interests in future project

development to recover cost or repair sources.

(d) Responsibility for providing lands, easements,

and right-of-way necessary for projects;

agreement to maintain projects and hold United

States free from damages; regulation of

project area following project completion;

technical advice.

(e) Definitions.

(f) Authorization of appropriations.

426n. Technical assistance to States and local governments;

cost sharing.

426o. Great Lakes material disposal.

426o-1. Great Lakes dredging levels adjustment.

(a) Definition of Great Lake.

(b) Dredging levels.

426p. Corps of Engineers.

(a) Technical and other assistance.

(b) Issuance of permits.

427 to 430. Repealed.

SUBCHAPTER II - OIL POLLUTION OF COASTAL WATERS

431 to 437. Repealed.

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

441. Deposit of refuse prohibited; penalty.

442. Liability of officers of towing vessel.

443. Permit for dumping; penalty for taking or towing boat

or scow without permit.

444. Dumping at other place than designated dumping

grounds; penalty; person liable; excuses for

deviation.

445. Equipment and marking of boats or scows.

446. Inspectors; appointment, powers, and duties.

447. Bribery of inspector; penalty.

448. Return of permit; penalty for failure to return.

449. Disposition of dredged matter; persons liable;

penalty.

450. Liability of vessel.

451. Supervisor of harbor; appointment and duties.

451a. Harbors subject to this subchapter.

451b. Waters included within subchapter.

452. Taking shellfish or otherwise interfering with

navigation in New York Harbor channels; penalty;

arrest and procedure.

453. Regulations for navigation of Ambrose Channel;

exclusion of tows and sailing vessels.

454. Consent of Congress to obstruction of waters by New

York City.

SUBCHAPTER IV - POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF

COLUMBIA

461 to 464. Repealed.

SUBCHAPTER V - NAVIGABLE WATERS OF MARYLAND

465. Authority to dredge; riparian rights of United States.

SUBCHAPTER VI - WATER POLLUTION CONTROL

466 to 466g. Transferred.

466g-1. Controversies involving construction or application of

interstate compacts and pollution of waters.

(a) Jurisdiction of actions by States.

(b) Amount in controversy; residence, situs or

citizenship; nature, character, or legal

status of parties.

(c) Suits between States signatory to interstate

compact.

(d) Venue.

466h to 466n. Transferred or Repealed.

SUBCHAPTER VII - DAM INSPECTION PROGRAM

467. Definitions.

467a. Inspection of dams.

(a) In general.

(b) State participation.

467b. Investigation reports to Governors.

467c. Determination of danger to human life and property.

467d. National dam inventory.

467e. Interagency Committee on Dam Safety.

(a) Establishment.

(b) Duties.

467f. National dam safety program.

(a) In general.

(b) Duties.

(c) Objectives.

(d) Components.

(e) Assistance for State dam safety programs.

(f) Board.

467g. Research.

(a) In general.

(b) Consultation.

467g-1. Dam safety training.

467h. Reports.

467i. Statutory construction.

467j. Authorization of appropriations.

(a) National dam safety program.

(b) National dam inventory.

(c) Research.

(d) Dam safety training.

(e) Staff.

(f) Limitation on use of amounts.

467k to 467m. Repealed.

467n. Recovery of dam modification costs required for safety

purposes.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1371, 1416, 2601, 2602 of

this title.

-End-

-CITE-

33 USC SUBCHAPTER I - IN GENERAL 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

SUBCHAPTER I - IN GENERAL

-End-

-CITE-

33 USC Sec. 401 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 401. Construction of bridges, causeways, dams or dikes

generally; exemptions

-STATUTE-

It shall not be lawful to construct or commence the construction

of any bridge, causeway, dam, or dike over or in any port,

roadstead, haven, harbor, canal, navigable river, or other

navigable water of the United States until the consent of Congress

to the building of such structures shall have been obtained and

until the plans for (1) the bridge or causeway shall have been

submitted to and approved by the Secretary of Transportation, or

(2) the dam or dike shall have been submitted to and approved by

the Chief of Engineers and Secretary of the Army. However, such

structures may be built under authority of the legislature of a

State across rivers and other waterways the navigable portions of

which lie wholly within the limits of a single State, provided the

location and plans thereof are submitted to and approved by the

Secretary of Transportation or by the Chief of Engineers and

Secretary of the Army before construction is commenced. When plans

for any bridge or other structure have been approved by the

Secretary of Transportation or by the Chief of Engineers and

Secretary of the Army, it shall not be lawful to deviate from such

plans either before or after completion of the structure unless

modification of said plans has previously been submitted to and

received the approval of the Secretary of Transportation or the

Chief of Engineers and the Secretary of the Army. The approval

required by this section of the location and plans or any

modification of plans of any bridge or causeway does not apply to

any bridge or causeway over waters that are not subject to the ebb

and flow of the tide and that are not used and are not susceptible

to use in their natural condition or by reasonable improvement as a

means to transport interstate or foreign commerce.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 9, 30 Stat. 1151; Pub. L. 97-322,

title I, Sec. 107(b), Oct. 15, 1982, 96 Stat. 1582; Pub. L. 97-449,

Sec. 2(f), Jan. 12, 1983, 96 Stat. 2440.)

-COD-

CODIFICATION

Section is from act Mar. 3, 1899, popularly known as the "Rivers

and Harbors Appropriation Act of 1899", and together with section

403 of this title superseded act Sept. 19, 1890, ch. 907, Sec. 7,

26 Stat. 454, as amended by act July 13, 1892, ch. 158, Sec. 3, 27

Stat. 88, which prohibited the erection of obstructions to

navigation, and prohibited the erection of bridges over navigable

waters under State legislation before the approval of the plans by

the Secretary of War, and prohibited the alteration of channels

unless authorized by that Secretary.

-MISC1-

AMENDMENTS

1983 - Pub. L. 97-449 amended section generally to reflect

transfer of certain functions, powers, and duties of Secretary of

the Army under this section to Secretary of Transportation. See

Transfer of Functions note below.

1982 - Pub. L. 97-322 inserted sentence at end relating to

exemption.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of Transportation related to compliance with permits for

bridges across navigable waters issued under this section with

respect to pre-construction, construction, and initial operation of

transportation system for Canadian and Alaskan natural gas were

transferred to the Federal Inspector, Office of Federal Inspector

for the Alaska Natural Gas Transportation System, until the first

anniversary of date of initial operation of the Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(c),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July

1, 1979, set out in the Appendix to Title 5, Government

Organization and Employees. Office of Federal Inspector for the

Alaska Natural Gas Transportation System abolished and functions

and authority vested in Inspector transferred to Secretary of

Energy by section 3012(b) of Pub. L. 102-486, set out as an

Abolition of Office of Federal Inspector note under section 719e of

Title 15, Commerce and Trade.

Functions, powers, and duties of Secretary of the Army [formerly

War] and other offices and officers of Department of the Army

[formerly War] under this section to extent that they relate

generally to location and clearances of bridges and causeways in

navigable waters of United States transferred to and vested in

Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A),

Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended this section to

reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and

repealed section 6(g)(6)(A).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 27, 59c-3, 59j-1, 59s,

59y, 59z, 59bb, 59bb-1, 59cc, 59dd, 59ee-1, 59ff, 59gg, 59hh, 402,

406, 412, 413, 418, 530, 1293a of this title; title 23 section 144;

title 42 section 1962d-11a.

-End-

-CITE-

33 USC Sec. 402 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 402. Construction of bridges, etc., over Illinois and

Mississippi Canal

-STATUTE-

The provisions of section 401 of this title are made applicable

alike to the completed and uncompleted portions of the Illinois and

Mississippi Canal. Whenever the Secretary of the Army shall approve

plans for a bridge to be built across said canal he may, in his

discretion, and subject to such terms and conditions as in his

judgment are equitable, expedient, and just to the public, grant to

the person or corporation building and owning such bridge a right

of way across the lands of the United States on either side of and

adjacent to the said canal; also the privilege of occupying so much

of said lands as may be necessary for the piers, abutments, and

other portions of the bridge structure and approaches.

-SOURCE-

(June 13, 1902, ch. 1079, Sec. 10, 32 Stat. 374; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from part of act June 13, 1902, popularly known as the

"Rivers and Harbors Appropriation Act of 1902".

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub.

L. 97-449 amended section 401 of this title to reflect transfer

made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section

6(g)(6)(A).

-End-

-CITE-

33 USC Sec. 403 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 403. Obstruction of navigable waters generally; wharves;

piers, etc.; excavations and filling in

-STATUTE-

The creation of any obstruction not affirmatively authorized by

Congress, to the navigable capacity of any of the waters of the

United States is prohibited; and it shall not be lawful to build or

commence the building of any wharf, pier, dolphin, boom, weir,

breakwater, bulkhead, jetty, or other structures in any port,

roadstead, haven, harbor, canal, navigable river, or other water of

the United States, outside established harbor lines, or where no

harbor lines have been established, except on plans recommended by

the Chief of Engineers and authorized by the Secretary of the Army;

and it shall not be lawful to excavate or fill, or in any manner to

alter or modify the course, location, condition, or capacity of,

any port, roadstead, haven, harbor, canal, lake, harbor or refuge,

or inclosure within the limits of any breakwater, or of the channel

of any navigable water of the United States, unless the work has

been recommended by the Chief of Engineers and authorized by the

Secretary of the Army prior to beginning the same.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 10, 30 Stat. 1151; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act Mar. 3, 1899, popularly known as the "Rivers

and Harbors Appropriation Act of 1899".

-MISC1-

PRIOR PROVISIONS

Act Sept. 19, 1890, ch. 907, Sec. 10, 26 Stat. 454, was probably

omitted from the Code as superseded by this section but it was held

by the Circuit Court of Appeals in Wishkah Boom Co., Wash. 1905,

136 F. 42, 68 C.C.A. 592 (appeal dismissed [1906] 26 S. Ct. 765,

202 U.S. 613, 50 L. Ed. 1171), that it was not superseded so far as

it related to the continuance of obstructions. It provided that:

"The creation of any obstruction, not affirmatively authorized by

law, to the navigable capacity of any waters, in respect of which

the United States has jurisdiction, is hereby prohibited. The

continuance of any such obstruction, except bridges, piers, docks,

and wharves, and similar structures erected for business purposes,

whether heretofore or hereafter created, shall constitute an

offense and each week's continuance of any such obstruction shall

be deemed a separate offense. Every person and every corporation

which shall be guilty of creating or continuing any such unlawful

obstruction in this act mentioned, or who shall violate the

provisions of the last four preceding sections of this act, shall

be deemed guilty of a misdemeanor, and on conviction thereof shall

be punished by a fine not exceeding five thousand dollars, or by

imprisonment (in the case of a natural person) not exceeding one

year, or by both such punishments, in the discretion of the court,

the creating or continuing of any unlawful obstruction in this act

mentioned may be prevented and such obstruction may be caused to be

removed by the injunction of any circuit court [district court]

exercising jurisdiction in any district in which such obstruction

may be threatened or may exist; and proper proceedings in equity to

this end may be instituted under the direction of the

Attorney-General of the United States."

This section and section 9 of act Mar. 3, 1899 (section 401 of

this title), superseded provisions of act Sept. 19, 1890, ch. 907,

Sec. 7, 26 Stat. 454, as amended by act July 13, 1892, ch. 158,

Sec. 3, 27 Stat. 110, which prohibited the erection of obstructions

to navigation, and prohibited the erection of bridges over

navigable waters under State legislation before the approval of the

plans by the Secretary of War, and prohibited the alteration of

channels unless authorized by said Secretary.

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary of the Army, Chief of

Engineers, or other official in Corps of Engineers of the United

States Army related to compliance with permits for structures in

navigable waters issued under this section with respect to

pre-construction, construction, and initial operation of

transportation system for Canadian and Alaskan natural gas were

transferred to the Federal Inspector, Office of Federal Inspector

for the Alaska Natural Gas Transportation System, until the first

anniversary of date of initial operation of the Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(b),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July

1, 1979, set out in the Appendix to Title 5, Government

Organization and Employees. Office of Federal Inspector for the

Alaska Natural Gas Transportation System abolished and functions

and authority vested in Inspector transferred to Secretary of

Energy by section 3012(b) of Pub. L. 102-486, set out as an

Abolition of Office of Federal Inspector note under section 719e of

Title 15, Commerce and Trade.

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670 Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub.

L. 97-449 amended section 401 of this title to reflect transfer

made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section

6(g)(6)(A).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 27, 59c-3, 59j-1, 59y,

59bb, 59bb-1, 59cc, 59dd, 59ff, 59gg, 59hh, 403b, 406, 412, 413,

418, 426p, 465, 1371, 1503, 2104, 2317 of this title.

-End-

-CITE-

33 USC Sec. 403a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 403a. Omitted

-COD-

CODIFICATION

Section, acts Sept. 19, 1890, ch. 907, Sec. 10, 26 Stat. 454;

Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167, related to

obstruction of navigable waters. See Prior Provisions note set out

under section 403 of this title.

-End-

-CITE-

33 USC Sec. 403b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 403b. Lighting at docks and boat launching facilities

-STATUTE-

Whenever the Secretary considers a permit application for a dock

or a boat launching facility under section 403 of this title, the

Secretary shall consider the needs of such facility for lighting

from sunset to sunrise to make such facility's presence known

within a reasonable distance.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 946, Nov. 17, 1986, 100 Stat.

4200.)

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2201 of

this title.

-End-

-CITE-

33 USC Sec. 404 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 404. Establishment of harbor lines; conditions to grants for

extension of piers, etc.

-STATUTE-

Where it is made manifest to the Secretary of the Army that the

establishment of harbor lines is essential to the preservation and

protection of harbors he may, and is, authorized to cause such

lines to be established, beyond which no piers, wharves, bulkheads,

or other works shall be extended or deposits made, except under

such regulations as may be prescribed from time to time by him:

Provided, That, whenever the Secretary of the Army grants to any

person or persons permission to extend piers, wharves, bulkheads,

or other works, or to make deposits in any tidal harbor or river of

the United States beyond any harbor lines established under

authority of the United States, he shall cause to be ascertained

the amount of tidewater displaced by any such structure or by any

such deposits, and he shall, if he deem it necessary, require the

parties to whom the permission is given to make compensation for

such displacement either by excavating in some part of the harbor,

including tidewater channels between high and low water mark, to

such an extent as to create a basin for as much tidewater as may be

displaced by such structure or by such deposits, or in any other

mode that may be satisfactory to him.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 11, 30 Stat. 1151; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act Mar. 3, 1899, popularly known as the "Rivers

and Harbors Appropriation Act of 1899".

-MISC1-

PRIOR PROVISIONS

This section and section 406 of this title, superseded act Aug.

11, 1888, ch. 860, Sec. 12, 25 Stat. 425, as amended by act Sept.

19, 1890, ch. 907, Sec. 12, 26 Stat. 455, which authorized the

establishment of harbor lines, and prescribed a penalty for a

violation of the section or any rule made in pursuance of it.

Section also superseded act Aug. 18, 1894, ch. 299, Sec. 9, 28

Stat. 364, which contained provisions for compensation for tide

water displaced similar to the proviso in this section.

Act Aug. 5, 1886, ch. 929, Sec. 2, 24 Stat. 329, which was

probably omitted from the Code as superseded by this section,

provided that: "In places where harbor-lines have not been

established, and where deposits of de&233;bris of mines or stamp

works can be made without injury to navigation, within lines to be

established by the Secretary of War, said officer may, and is

hereby authorized to, cause such lines to be established; and

within such lines such deposits may be made, under regulations to

be from time to time prescribed by him."

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub.

L. 97-449 amended section 401 of this title to reflect transfer

made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section

6(g)(6)(A).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 405, 406, 412, 413, 418

of this title.

-End-

-CITE-

33 USC Sec. 405 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 405. Establishment and modification of harbor lines on Potomac

and Anacostia Rivers

-STATUTE-

The provisions of section 404 of this title are made applicable

to the Potomac and Anacostia Rivers, and after July 25, 1912,

harbor lines in the District of Columbia, or elsewhere on said

rivers, shall be established or modified as therein provided.

-SOURCE-

(July 25, 1912, ch. 253, Sec. 1, 37 Stat. 206.)

-COD-

CODIFICATION

Section is from part of section 1 of act July 25, 1912, popularly

known as the "Rivers and Harbors Appropriation Act of 1912".

-End-

-CITE-

33 USC Sec. 406 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 406. Penalty for wrongful construction of bridges, piers,

etc.; removal of structures

-STATUTE-

Every person and every corporation that shall violate any of the

provisions of sections 401, 403, and 404 of this title or any rule

or regulation made by the Secretary of the Army in pursuance of the

provisions of section 404 of this title shall be deemed guilty of a

misdemeanor, and on conviction thereof shall be punished by a fine

not exceeding $2,500 nor less than $500, or by imprisonment (in the

case of a natural person) not exceeding one year, or by both such

punishments, in the discretion of the court. And further, the

removal of any structures or parts of structures erected in

violation of the provisions of the said sections may be enforced by

the injunction of any district court exercising jurisdiction in any

district in which such structures may exist, and proper proceedings

to this end may be instituted under the direction of the Attorney

General of the United States.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 12, 30 Stat. 1151; Feb. 20, 1900, ch.

23, Sec. 2, 31 Stat. 32; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat.

1167; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act Mar. 3, 1899, popularly known as the "Rivers

and Harbors Appropriation Act of 1899".

-MISC1-

AMENDMENTS

1911 - Act Mar. 3, 1911, transferred to the District Courts the

enforcement powers formerly lodged in the Circuit Courts.

1900 - Act Feb. 20, 1900, substituted "section eleven" for

"section fourteen" where first appearing, which for codification

purposes, was translated as "section 404 of this title".

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 412, 413, 418 of this

title.

-End-

-CITE-

33 USC Sec. 407 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 407. Deposit of refuse in navigable waters generally

-STATUTE-

It shall not be lawful to throw, discharge, or deposit, or cause,

suffer, or procure to be thrown, discharged, or deposited either

from or out of any ship, barge, or other floating craft of any

kind, or from the shore, wharf, manufacturing establishment, or

mill of any kind, any refuse matter of any kind or description

whatever other than that flowing from streets and sewers and

passing therefrom in a liquid state, into any navigable water of

the United States, or into any tributary of any navigable water

from which the same shall float or be washed into such navigable

water; and it shall not be lawful to deposit, or cause, suffer, or

procure to be deposited material of any kind in any place on the

bank of any navigable water, or on the bank of any tributary of any

navigable water, where the same shall be liable to be washed into

such navigable water, either by ordinary or high tides, or by

storms or floods, or otherwise, whereby navigation shall or may be

impeded or obstructed: Provided, That nothing herein contained

shall extend to, apply to, or prohibit the operations in connection

with the improvement of navigable waters or construction of public

works, considered necessary and proper by the United States

officers supervising such improvement or public work: And provided

further, That the Secretary of the Army, whenever in the judgment

of the Chief of Engineers anchorage and navigation will not be

injured thereby, may permit the deposit of any material above

mentioned in navigable waters, within limits to be defined and

under conditions to be prescribed by him, provided application is

made to him prior to depositing such material; and whenever any

permit is so granted the conditions thereof shall be strictly

complied with, and any violation thereof shall be unlawful.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 13, 30 Stat. 1152; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act Mar. 3, 1899, popularly known as the "Rivers

and Harbors Appropriation Act of 1899".

-MISC1-

PRIOR PROVISIONS

This section and sections 408, 411, and 412 of this title,

superseded act Aug. 18, 1894, ch. 299, Secs. 6, 7, 8, 28 Stat. 363,

which prohibited the depositing of refuse in navigable waters for

the improvement of which money had been appropriated, and the

injury to sea walls and other works built by the Government, and

prescribed penalties for violations, including penalties against

masters, etc., and vessels.

Section also superseded act Sept. 19, 1890, ch. 907, Sec. 6, 26

Stat. 453, which prohibited obstructing navigation by deposits of

refuse, etc., in navigable waters.

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

SHORT TITLE

This section is popularly known as the "Refuse Act of 1899".

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-MISC3-

TERMINATION OF DISCHARGE PERMIT PROGRAM

No permits for discharges into navigable waters to be issued

under this section after Oct. 18, 1972, and the discharge permit

program to be carried out instead under section 1342 of this title,

with applications under this section pending on Oct. 18, 1972, to

be deemed applications for permits under section 1342, see section

1342 of this title.

-EXEC-

EXECUTIVE ORDER NO. 11574

Ex. Ord. No. 11574, Dec. 23, 1970, 35 F.R. 19627, which provided

for administration of a permit program to regulate discharge of

pollutants and other refuse matter into navigable waters or their

tributaries and placement of such matter on their banks, was

revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 411, 412, 413, 418, 419,

702i of this title; title 30 section 1292.

-End-

-CITE-

33 USC Sec. 407a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 407a. Deposit of debris of mines and stamp works

-STATUTE-

In places where harbor-lines have not been established, and where

deposits of debris of mines or stamp works can be made without

injury to navigation, within lines to be established by the

Secretary of the Army, said officer may, and is authorized to,

cause such lines to be established; and within such lines such

deposits may be made, under regulations to be from time to time

prescribed by him.

-SOURCE-

(Aug. 5, 1886, ch. 929, Sec. 2, 24 Stat. 329; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-End-

-CITE-

33 USC Sec. 408 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 408. Taking possession of, use of, or injury to harbor or

river improvements

-STATUTE-

It shall not be lawful for any person or persons to take

possession of or make use of for any purpose, or build upon, alter,

deface, destroy, move, injure, obstruct by fastening vessels

thereto or otherwise, or in any manner whatever impair the

usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf,

pier, or other work built by the United States, or any piece of

plant, floating or otherwise, used in the construction of such work

under the control of the United States, in whole or in part, for

the preservation and improvement of any of its navigable waters or

to prevent floods, or as boundary marks, tide gauges, surveying

stations, buoys, or other established marks, nor remove for ballast

or other purposes any stone or other material composing such works:

Provided, That the Secretary of the Army may, on the recommendation

of the Chief of Engineers, grant permission for the temporary

occupation or use of any of the aforementioned public works when in

his judgment such occupation or use will not be injurious to the

public interest: Provided further, That the Secretary may, on the

recommendation of the Chief of Engineers, grant permission for the

alteration or permanent occupation or use of any of the

aforementioned public works when in the judgment of the Secretary

such occupation or use will not be injurious to the public interest

and will not impair the usefulness of such work.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 14, 30 Stat. 1152; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 99-88, title I,

Sec. 100, Aug. 15, 1985, 99 Stat. 315.)

-COD-

CODIFICATION

Section is from act Mar. 3, 1899, popularly known as the "Rivers

and Harbors Appropriation Act of 1899".

-MISC1-

PRIOR PROVISIONS

Section superseded act Sept. 19, 1890, ch. 907, Sec. 9, 26 Stat.

426, which prohibited persons taking possession of or using or

injuring government works in navigable waters.

Act Aug. 14, 1876, ch. 267, Sec. 3, 19 Stat. 139, penalizing

persons injuring any pier breakwater, or other work of the United

States for the improvement of rivers or harbors or navigation, was

probably omitted from the Code as superseded by this section.

AMENDMENTS

1985 - Pub. L. 99-88 inserted further proviso empowering

Secretary, on recommendation of Chief of Engineers, to grant

permission for alteration or permanent occupation or use of any of

public works mentioned in this section when in judgment of

Secretary such occupation or use will not be injurious to public

interest and will not impair usefulness of such work.

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 411, 412, 413, 418, 702i

of this title.

-End-

-CITE-

33 USC Sec. 409 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 409. Obstruction of navigable waters by vessels; floating

timber; marking and removal of sunken vessels

-STATUTE-

It shall not be lawful to tie up or anchor vessels or other craft

in navigable channels in such a manner as to prevent or obstruct

the passage of other vessels or craft; or to sink, or permit or

cause to be sunk, vessels or other craft in navigable channels; or

to float loose timber and logs, or to float what is known as "sack

rafts of timber and logs" in streams or channels actually navigated

by steamboats in such manner as to obstruct, impede, or endanger

navigation. And whenever a vessel, raft or other craft is wrecked

and sunk in a navigable channel, it shall be the duty of the owner,

lessee, or operator of such sunken craft to immediately mark it

with a buoy or beacon during the day and a lighted lantern at

night, and to maintain such marks until the sunken craft is removed

or abandoned, and the neglect or failure of the said owner, lessee,

or operator so to do shall be unlawful; and it shall be the duty of

the owner, lessee, or operator of such sunken craft to commence the

immediate removal of the same, and prosecute such removal

diligently, and failure to do so shall be considered as an

abandonment of such craft, and subject the same to removal by the

United States as provided for in sections 411 to 416, 418, and 502

of this title.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 15, 30 Stat. 1152; Pub. L. 99-662,

title IX, Sec. 939(a), Nov. 17, 1986, 100 Stat. 4199.)

-COD-

CODIFICATION

Section is from act Mar. 3, 1899, popularly known as the "Rivers

and Harbors Appropriation Act of 1899".

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-662 substituted "or to sink" for "or to

voluntarily or carelessly sink", struck out "accidentally or

otherwise," after "navigable channel,", and inserted ", lessee, or

operator" after "owner" in three places.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 410, 411, 412, 413, 418

of this title.

-End-

-CITE-

33 USC Sec. 410 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 410. Exception as to floating loose timber, sack rafts, etc.;

violation of regulations; penalty

-STATUTE-

The prohibition contained in section 409 of this title against

floating loose timber and logs, or sack rafts, so called, of timber

and logs in streams or channels actually navigated by steamboats,

shall not apply to any navigable river or waterway of the United

States or any part thereof whereon the floating of loose timber and

logs and sack rafts of timber and logs is the principal method of

navigation. But such method of navigation on such river or waterway

or part thereof shall be subject to the rules and regulations

prescribed by the Secretary of the Army as provided in this

section.

The Secretary of the Army shall have power, and he is authorized

and directed to prescribe rules and regulations, which he may at

any time modify, to govern and regulate the floating of loose

timber and logs, and sack rafts, (so called) of timber and logs and

other methods of navigation on the streams and waterways, or any

thereof, of the character, as to navigation, heretofore in this

section described. The said rules and regulations shall be so

framed as to equitably adjust conflicting interests between the

different methods or forms of navigation; and the said rules and

regulations shall be published at least once in such newspaper or

newspapers of general circulation as in the opinion of the

Secretary of the Army shall be best adapted to give notice of said

rules and regulations to persons affected thereby and locally

interested therein. And all modifications of said rules and

regulations shall be similarly published. And such rules and

regulations when so prescribed and published as to any such stream

or waterway shall have the force of law, and any violation thereof

shall be a misdemeanor, and every person convicted of such

violation shall be punished by a fine of not exceeding $2,500 nor

less than $500, or by imprisonment (in case of a natural person)

for not less than thirty days nor more than one year, or by both

such fine and imprisonment, in the discretion of the court:

Provided, That the proper action to enforce the provisions of this

section may be commenced before any magistrate judge, judge, or

court of the United States, and such magistrate judge, judge, or

court shall proceed in respect thereto as authorized by law in the

case of crimes or misdemeanors committed against the United States.

The right to alter, amend, or repeal this section at any time is

reserved.

-SOURCE-

(May 9, 1900, ch. 387, Secs. 1-3, 31 Stat. 172; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 90-578, title IV,

Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650,

title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

"Magistrate judge" substituted in text for "magistrate" pursuant

to section 321 of Pub. L. 101-650, set out as a note under section

631 of Title 28, Judiciary and Judicial Procedure. Previously,

"magistrate" was substituted for "commissioner" pursuant to Pub. L.

90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-End-

-CITE-

33 USC Sec. 411 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 411. Penalty for wrongful deposit of refuse; use of or injury

to harbor improvements, and obstruction of navigable waters

generally

-STATUTE-

Every person and every corporation that shall violate, or that

shall knowingly aid, abet, authorize, or instigate a violation of

the provisions of sections 407, 408, 409, 414, and 415 of this

title shall be guilty of a misdemeanor, and on conviction thereof

shall be punished by a fine of up to $25,000 per day, or by

imprisonment (in the case of a natural person) for not less than

thirty days nor more than one year, or by both such fine and

imprisonment, in the discretion of the court, one-half of said fine

to be paid to the person or persons giving information which shall

lead to conviction.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 16, 30 Stat. 1153; Pub. L. 104-303,

title II, Sec. 218(a), Oct. 12, 1996, 110 Stat. 3696.)

-COD-

CODIFICATION

Section is from part of section 16 of act Mar. 3, 1899, popularly

known as the "Rivers and Harbors Appropriation Act of 1899". The

balance of such section, relating to liability of masters, pilots,

and so forth and of vessels engaged in violations, is classified to

section 412 of this title.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-303 substituted "407, 408, 409, 414, and 415"

for "407, 408, and 409" and "of up to $25,000 per day" for "not

exceeding twenty-five hundred dollars nor less than five hundred

dollars".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 409, 412, 413, 418, 419,

702i of this title.

-End-

-CITE-

33 USC Sec. 412 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 412. Liability of masters, pilots, etc., and of vessels

engaged in violations

-STATUTE-

Any and every master, pilot, and engineer, or person or persons

acting in such capacity, respectively, on board of any boat or

vessel who shall knowingly engage in towing any scow, boat, or

vessel loaded with any material specified in section 407 of this

title to any point or place of deposit or discharge in any harbor

or navigable water, elsewhere than within the limits defined and

permitted by the Secretary of the Army, or who shall willfully

injure or destroy any work of the United States contemplated in

section 408 of this title, or who shall willfully obstruct the

channel of any waterway in the manner contemplated in section 409

of this title, shall be deemed guilty of a violation of this Act,

and shall upon conviction be punished as provided in section 411 of

this title, and shall also have his license revoked or suspended

for a term to be fixed by the judge before whom tried and

convicted. And any boat, vessel, scow, raft, or other craft used or

employed in violating any of the provisions of sections 407, 408,

409, 414, and 415 of this title shall be liable for the pecuniary

penalties specified in section 411 of this title, and in addition

thereto for the amount of the damages done by said boat, vessel,

scow, raft, or other craft, which latter sum shall be placed to the

credit of the appropriation for the improvement of the harbor or

waterway in which the damage occurred, and said boat, vessel, scow,

raft, or other craft may be proceeded against summarily by way of

libel in any district court of the United States having

jurisdiction thereof.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 16, 30 Stat. 1153; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 104-303, title

II, Sec. 218(a)(1), Oct. 12, 1996, 110 Stat. 3696.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Mar. 3, 1899, ch. 425, 30

Stat. 1148, as amended, popularly known as the Rivers and Harbors

Appropriation Act of 1899, which enacted sections 401, 403, 404,

406, 407, 408, 409, 411 to 416, 418, 502, 549, and 687 of this

title, and amended section 686 of this title. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section is from part of section 16 of act Mar. 3, 1899, popularly

known as the "Rivers and Harbors Appropriation Act of 1899". The

balance of such section, relating to penalties for the wrongful

deposit of refuse, is classified to section 411 of this title.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-303 substituted "407, 408, 409, 414, and 415

of this title" for "407, 408, and 409 of this title".

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 409, 419, 702i of this

title.

-End-

-CITE-

33 USC Sec. 413 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 413. Duty of United States attorneys and other Federal

officers in enforcement of provisions; arrest of offenders

-STATUTE-

The Department of Justice shall conduct the legal proceedings

necessary to enforce the provisions of sections 401, 403, 404, 406,

407, 408, 409, 411, and 412 of this title; and it shall be the duty

of United States attorneys to vigorously prosecute all offenders

against the same whenever requested to do so by the Secretary of

the Army or by any of the officials hereinafter designated, and it

shall furthermore be the duty of said United States attorneys to

report to the Attorney General of the United States the action

taken by him against offenders so reported, and a transcript of

such reports shall be transmitted to the Secretary of the Army by

the Attorney General; and for the better enforcement of the said

provisions and to facilitate the detection and bringing to

punishment of such offenders, the officers and agents of the United

States in charge of river and harbor improvements, and the

assistant engineers and inspectors employed under them by authority

of the Secretary of the Army, and the United States collectors of

customs and other revenue officers shall have power and authority

to swear out process, and to arrest and take into custody, with or

without process, any person or persons who may commit any of the

acts or offenses prohibited by the said sections, or who may

violate any of the provisions of the same: Provided, That no person

shall be arrested without process for any offense not committed in

the presence of some one of the aforesaid officials: And provided

further, That whenever any arrest is made under such sections, the

person so arrested shall be brought forthwith before a magistrate

judge, judge, or court of the United States for examination of the

offenses alleged against him; and such magistrate judge, judge, or

court shall proceed in respect thereto as authorized by law in case

of crimes against the United States.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 17, 30 Stat. 1153; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; June 25, 1948, ch. 646,

Sec. 1, 62 Stat. 909; Pub. L. 90-578, title IV, Sec. 402(b)(2),

Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650, title III, Sec. 321,

Dec. 1, 1990, 104 Stat. 5117.)

-COD-

CODIFICATION

Section is from act Mar. 3, 1899, popularly known as the "Rivers

and Harbors Appropriation Act of 1899".

-MISC1-

PRIOR PROVISIONS

Act Sept. 19, 1890, ch. 907, Sec. 11, 26 Stat. 455, was probably

omitted from the Code as superseded by this section, or as rendered

obsolete by act March 3, 1899, different sections of which

superseded provisions of the act of 1890, the enforcement of which

was provided for by section 11. It read as follows: "It shall be

the duty of officers and agents having the supervision, on the part

of the United States, of the works in progress for the preservation

and improvement of said navigable waters, and, in their absence, of

the United States collectors of customs and other revenue officers

to enforce the provisions of this act by giving information to the

district attorney of the United States for the district in which

any violation of any provision of this act shall have been

committed: Provided, That the provisions of this act shall not

apply to Torch Lake, Houghton County, Michigan."

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States

attorneys" for "district attorneys of the United States" and

"district attorneys". See section 541 of Title 28, Judiciary and

Judicial Procedure, and Historical and Revision Notes set out

thereunder.

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

"Magistrate judge" substituted in text for "magistrate" pursuant

to section 321 of Pub. L. 101-650, set out as a note under section

631 of Title 28, Judiciary and Judicial Procedure. Previously,

"magistrate" was substituted for "commissioner" pursuant to Pub. L.

90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

All offices of collector of customs, comptroller of customs,

surveyor of customs, and appraiser of merchandise in Bureau of

Customs of Department of the Treasury to which appointments

required to be made by President with advice and consent of Senate

were ordered abolished with such offices to be terminated not later

than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25,

1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title

5, Government Organization and Employees. All functions of the

offices eliminated were already vested in Secretary of the Treasury

by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, set out in the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1, 409, 412, 418, 419,

499, 702i of this title.

-End-

-CITE-

33 USC Sec. 414 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 414. Removal by Secretary of the Army of sunken water craft

generally; liability of owner, lessee, or operator

-STATUTE-

(a) Whenever the navigation of any river, lake, harbor, sound,

bay, canal, or other navigable waters of the United States shall be

obstructed or endangered by any sunken vessel, boat, water craft,

raft, or other similar obstruction, and such obstruction has

existed for a longer period than thirty days, or whenever the

abandonment of such obstruction can be legally established in a

less space of time, the sunken vessel, boat, water craft, raft, or

other obstruction shall be subject to be broken up, removed, sold,

or otherwise disposed of by the Secretary of the Army at his

discretion, without liability for any damage to the owners of the

same: Provided, That in his discretion, the Secretary of the Army

may cause reasonable notice of such obstruction of not less than

thirty days, unless the legal abandonment of the obstruction can be

established in a less time, to be given by publication, addressed

"To whom it may concern," in a newspaper published nearest to the

locality of the obstruction, requiring the removal thereof: And

provided also, That the Secretary of the Army may, in his

discretion, at or after the time of giving such notice, cause

sealed proposals to be solicited by public advertisement, giving

reasonable notice of not less than ten days, for the removal of

such obstruction as soon as possible after the expiration of the

above specified thirty days' notice, in case it has not in the

meantime been so removed, these proposals and contracts, at his

discretion, to be conditioned that such vessel, boat, water craft,

raft, or other obstruction, and all cargo and property contained

therein, shall become the property of the contractor, and the

contract shall be awarded to the bidder making the proposition most

advantageous to the United States: Provided, That such bidder shall

give satisfactory security to execute the work: Provided further,

That any money received from the sale of any such wreck, or from

any contractor for the removal of wrecks, under this paragraph

shall be covered into the Treasury of the United States.

(b) The owner, lessee, or operator of such vessel, boat,

watercraft, raft, or other obstruction as described in this section

shall be liable to the United States for the cost of removal or

destruction and disposal as described which exceeds the costs

recovered under subsection (a) of this section. Any amount

recovered from the owner, lessee, or operator of such vessel

pursuant to this subsection to recover costs in excess of the

proceeds from the sale or disposition of such vessel shall be

deposited in the general fund of the Treasury of the United States.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 19, 30 Stat. 1154; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 99-662, title IX,

Sec. 939(b), Nov. 17, 1986, 100 Stat. 4199.)

-COD-

CODIFICATION

Section is from act Mar. 3, 1899, popularly known as the "Rivers

and Harbors Appropriation Act of 1899".

-MISC1-

PRIOR PROVISIONS

Section superseded act June 14, 1880, ch. 211, Sec. 4, 21 Stat.

197, and act Aug. 2, 1882, ch. 375, 22 Stat. 208, which required

the Secretary of War to give notice to the persons interested in

wrecks obstructing navigation of the purpose of the Secretary to

remove the same unless such parties should do so, and authorized

the Secretary to remove the same on the failure of the parties

interested to do so, and to sell the same to the highest bidder,

and also authorized the Secretary to dispose of any sunken vessel

or cargo before removal.

Section also superseded act Sept. 19, 1890, ch. 907, Sec. 8, 26

Stat. 454, which authorized the Secretary of War to remove wrecks

remaining for more than two months.

AMENDMENTS

1986 - Pub. L. 99-662 designated existing provision as subsec.

(a) and added subsec. (b).

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

For transfer of certain functions insofar as they pertain to Air

Force, and to extent that they were not previously transferred to

Secretary of the Air Force and Department of the Air Force from

Secretary of the Army and Department of the Army, see Secretary of

Defense Transfer Order No. 40 [App. A(57)], July 22, 1949.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 409, 411, 412, 415, 416,

418 of this title; title 43 section 2105.

-End-

-CITE-

33 USC Sec. 415 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 415. Summary removal of water craft obstructing navigation;

liability of owner, lessee, or operator

-STATUTE-

(a) Removal authority

Under emergency, in the case of any vessel, boat, water craft, or

raft, or other similar obstruction, sinking of grounding, or being

unnecessarily delayed in any Government canal or lock, or in any

navigable waters mentioned in section 414 of this title, in such

manner as to stop, seriously interfere with, or specially endanger

navigation, in the opinion of the Secretary of the Army, or any

agent of the United States to whom the Secretary may delegate

proper authority, the Secretary of the Army or any such agent shall

have the right to take immediate possession of such boat, vessel,

or other water craft, or raft, so far as to remove or to destroy it

and to clear immediately the canal, lock, or navigable waters

aforesaid of the obstruction thereby caused, using his best

judgment to prevent any unnecessary injury; and no one shall

interfere with or prevent such removal or destruction: Provided,

That the officer or agent charged with the removal or destruction

of an obstruction under this section may in his discretion give

notice in writing to the owners of any such obstruction requiring

them to remove it: And provided further, That the actual expense,

including administrative expenses, of removing any such obstruction

as aforesaid shall be a charge against such craft and cargo; and if

the owners thereof fail or refuse to reimburse the United States

for such expense within thirty days after notification, then the

officer or agent aforesaid may sell the craft or cargo, or any part

thereof that may not have been destroyed in removal, and the

proceeds of such sale shall be covered into the Treasury of the

United States.

(b) Removal requirement

Not later than 24 hours after the Secretary of the Department in

which the Coast Guard is operating issues an order to stop or delay

navigation in any navigable waters of the United States because of

conditions related to the sinking or grounding of a vessel, the

owner or operator of the vessel, with the approval of the Secretary

of the Army, shall begin removal of the vessel using the most

expeditious removal method available or, if appropriate, secure the

vessel pending removal to allow navigation to resume. If the owner

or operator fails to begin removal or to secure the vessel pending

removal or fails to complete removal on an expedited basis, the

Secretary of the Army shall remove or destroy the vessel using the

summary removal procedures under subsection (a) of this section.

(c) Liability of owner, lessee, or operator

The owner, lessee, or operator of such vessel, boat, watercraft,

raft, or other obstruction as described in this section shall be

liable to the United States for the actual cost, including

administrative costs, of removal or destruction and disposal as

described which exceeds the costs recovered under subsection (a) of

this section. Any amount recovered from the owner, lessee, or

operator of such vessel pursuant to this subsection to recover

costs in excess of the proceeds from the sale or disposition of

such vessel shall be deposited in the general fund of the Treasury

of the United States.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 20, 30 Stat. 1154; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 99-662, title IX,

Sec. 939(b), Nov. 17, 1986, 100 Stat. 4199; Pub. L. 104-303, title

II, Sec. 218(b), Oct. 12, 1996, 110 Stat. 3696.)

-COD-

CODIFICATION

Section is from part of section 20 of act Mar. 3, 1899, popularly

known as the "Rivers and Harbors Appropriation Act of 1899".

Another part of that section, appropriating money necessary to

execute its provisions, is classified to section 416 of this title.

Section 20 of act Mar. 3, 1899, also contained a repealing clause

with a proviso saving pending actions and rights of actions. It was

amended by act Feb. 20, 1900, ch. 23, Sec. 3, 31 Stat. 32, and

again amended by act June 13, 1902, ch. 1079, Sec. 12, 32 Stat.

375, by adding another proviso which is classified to section 418

of this title.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-303, Sec. 218(b)(1), substituted

"actual expense, including administrative expenses, of removing"

for "expense of removing".

Subsec. (b). Pub. L. 104-303, Sec. 218(b)(4), added subsec. (b).

Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 104-303, Sec. 218(b)(2), (3), redesignated

subsec. (b) as (c) and substituted "actual cost, including

administrative costs, of removal" for "cost of removal".

1986 - Pub. L. 99-662 designated existing provision as subsec.

(a) and added subsec. (b).

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

For transfer of certain functions insofar as they pertain to Air

Force, and to extent that they were not previously transferred to

Secretary of the Air Force and Department of the Air Force from

Secretary of the Army and Department of the Army, see Secretary of

Defense Transfer Order No. 40 [App. A(57)], July 22, 1949.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 409, 411, 412, 416, 418

of this title; title 43 section 2105.

-End-

-CITE-

33 USC Sec. 416 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 416. Appropriations for removal of sunken water craft

-STATUTE-

Such sum of money as may be necessary to execute sections 414 and

415 of this title is hereby appropriated out of any money in the

Treasury not otherwise appropriated, to be paid out on the

requisition of the Secretary of the Army.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 20(a), formerly Sec. 20, 30 Stat.

1155; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501;

renumbered Sec. 20(a), Pub. L. 99-662, title IX, Sec. 939(b), Nov.

17, 1986, 100 Stat. 4199.)

-COD-

CODIFICATION

Section is from part of section 20(a) of act Mar. 3, 1899,

popularly known as the "Rivers and Harbors Appropriation Act of

1899". See Codification and Amendment notes set out under section

415 of this title.

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC1-

APPROPRIATIONS

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was

classified to section 725a of former Title 31, Money and Finance,

repealed the permanent appropriation under the title "Removing

sunken vessels or craft obstructing or endangering navigation

(8x888)" effective July 1, 1935, and provided that such portions of

any acts as make permanent appropriations to be expended under such

account are amended so as to authorize, in lieu thereof, annual

appropriations from the general fund of the Treasury in identical

terms and in such amounts as now provided by the laws providing

such permanent appropriations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 409, 412, 418 of this

title.

-End-

-CITE-

33 USC Sec. 417 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 417. Expenses of investigations by Department of the Army

-STATUTE-

Expenses incurred by the Engineer Department of the Department of

the Army in all investigations, inspections, hearings, reports,

service of notice, or other action incidental to examination of

plans or sites of bridges or other structures built or proposed to

be built in or over navigable waters, or to examinations into

alleged violations of laws for the protection and preservation of

navigable waters, or to the establishment or marking of harbor

lines, shall be payable from any funds which may be available for

the improvement, maintenance, operation, or care of the waterways

or harbors affected, or if such funds are not available in sums

judged by the Chief of Engineers to be adequate, then from any

funds available for examinations, surveys, and contingencies of

rivers and harbors.

-SOURCE-

(Mar. 3, 1905, ch. 1482, Sec. 6, 33 Stat. 1148; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-End-

-CITE-

33 USC Sec. 418 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 418. Provisions for protection of New York Harbor unaffected

-STATUTE-

Nothing contained in sections 401, 403, 404, 406, 407, 408, 409,

411 to 416, and 502 of this title shall be construed as repealing,

modifying, or in any manner affecting the provisions of subchapter

III of this chapter.

-SOURCE-

(Mar. 3, 1899, ch. 425, Sec. 20(a), formerly Sec. 20, 30 Stat.

1154; Feb. 20, 1900, ch. 23, Sec. 3, 31 Stat. 32; June 13, 1902,

ch. 1079, Sec. 12, 32 Stat. 375; renumbered Sec. 20(a), Pub. L.

99-662, title IX, Sec. 939(b), Nov. 17, 1986, 100 Stat. 4199.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter III (Sec. 441 et seq.) of this chapter, referred to in

text, was in the original a reference to the Act of June 29, 1888,

as amended by section 3 of the river and harbor Act of August 18,

1894.

-COD-

CODIFICATION

Section is from part of section 20(a) of act Mar. 3, 1899,

popularly known as the "Rivers and Harbors Appropriation Act of

1899". See Codification and Amendment notes set out under section

415 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 409, 412 of this title.

-End-

-CITE-

33 USC Sec. 419 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 419. Regulation by Secretary governing transportation and

dumping of dredgings, refuse, etc., into navigable waters; oyster

lands; appropriations

-STATUTE-

The Secretary of the Army is authorized and empowered to

prescribe regulations to govern the transportation and dumping into

any navigable water, or waters adjacent thereto, of dredgings,

earth, garbage, and other refuse materials of every kind or

description, whenever in his judgment such regulations are required

in the interest of navigation. Such regulations shall be posted in

conspicuous and appropriate places for the information of the

public; and every person or corporation which shall violate the

said regulations, or any of them, shall be deemed guilty of a

misdemeanor and shall be subject to the penalties prescribed in

sections 411 and 412 of this title, for violation of the provisions

of section 407 of this title: Provided, That any regulations made

in pursuance hereof may be enforced as provided in section 413 of

this title, the provisions whereof are made applicable to the said

regulations: Provided further, That this section shall not apply to

any waters within the jurisdictional boundaries of any State which

are now or may hereafter be used for the cultivation of oysters

under the laws of such State, except navigable channels which have

been or may hereafter be improved by the United States, or to be

designated as navigable channels by competent authority, and in

making such improvements of channels, the material dredged shall

not be deposited upon any ground in use in accordance with the laws

of such State for the cultivation of oysters, except in compliance

with said laws: And provided further, That any expense necessary in

executing this section may be paid from funds available for the

improvement of the harbor or waterway, for which regulations may be

prescribed, and in case no such funds are available the said

expense may be paid from appropriations made by Congress for

examinations, surveys, and contingencies of rivers and harbors.

-SOURCE-

(Mar. 3, 1905, ch. 1482, Sec. 4, 33 Stat. 1147; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-End-

-CITE-

33 USC Sec. 419a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 419a. Management practices to extend capacity and useful life

of dredged material disposal areas

-STATUTE-

The Secretary of the Army, acting through the Chief of Engineers,

shall utilize and encourage the utilization of such management

practices as he determines appropriate to extend the capacity and

useful life of dredged material disposal areas such that the need

for new dredged material disposal areas is kept to a minimum.

Management practices authorized by this section shall include, but

not be limited to, the construction of dikes, consolidation and

dewatering of dredged material, and construction of drainage and

outflow facilities.

-SOURCE-

(Pub. L. 94-587, Sec. 148, Oct. 22, 1976, 90 Stat. 2931.)

-End-

-CITE-

33 USC Sec. 420 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 420. Piers and cribs on Mississippi and St. Croix Rivers

-STATUTE-

The owners of sawmills on the Mississippi River and the Saint

Croix River in the States of Wisconsin and Minnesota are authorized

and empowered under the direction of the Secretary of the Army, to

construct piers or cribs in front of their mill property on the

banks of the river, for the protection of their mills and rafts

against damage by floods and ice: Provided, however, That the piers

or cribs so constructed shall not interfere with or obstruct the

navigation of the river. And in case any pier or crib constructed

under authority of this section shall at any time, and for any

cause, be found to obstruct the navigation of the river, the

Government expressly reserves the right to remove or direct the

removal of it, at the cost and expense of the owners thereof.

-SOURCE-

(R.S. Sec. 5254; May 1, 1882, ch. 112, 22 Stat. 52; July 26, 1947,

ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

R.S. Sec. 5254 derived from act Mar. 3, 1873, ch. 278, 17 Stat.

606.

-MISC1-

AMENDMENTS

1882 - Act May 1, 1882, inserted reference to Saint Croix River

in the States of Wisconsin and Minnesota.

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-End-

-CITE-

33 USC Sec. 421 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 421. Deposit of refuse, etc., in Lake Michigan near Chicago

-STATUTE-

It shall not be lawful to throw, discharge, dump, or deposit, or

cause, suffer, or procure, to be thrown, discharged, dumped, or

deposited, any refuse matter of any kind or description whatever

other than that flowing from streets and sewers and passing

therefrom in a liquid state into Lake Michigan, at any point

opposite or in front of the county of Cook, in the State of

Illinois, or the county of Lake in the State of Indiana, within

eight miles from the shore of said lake, unless said material shall

be placed inside of a breakwater so arranged as not to permit the

escape of such refuse material into the body of the lake and cause

contamination thereof; and no officer of the Government shall dump

or cause or authorize to be dumped any material contrary to the

provisions of this section: Provided, however, That the provisions

of this section shall not apply to work in connection with the

construction, repair, and protection of breakwaters and other

structures built in aid of navigation, or for the purpose of

obtaining water supply. Any person violating any provision of this

section shall be guilty of a misdemeanor, and on conviction thereof

shall be fined for each offense not exceeding $1,000.

-SOURCE-

(June 23, 1910, ch. 359, 36 Stat. 593.)

-COD-

CODIFICATION

Section is from act June 23, 1910, popularly known as the "Rivers

and Harbors Act of 1910".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1371 of this title.

-End-

-CITE-

33 USC Sec. 422 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 422. Modification and extension of harbor lines at Chicago

-STATUTE-

The Secretary of the Army is authorized, in his discretion, to

modify and extend harbor lines in front of the city of Chicago in

such manner as to permit park extension work which may be desired

by the municipal authorities, including the changing and widening

of the southern entrance to the Chicago Harbor.

-SOURCE-

(Aug. 26, 1912, ch. 408, Sec. 5, 37 Stat. 626; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act Aug. 26, 1912, popularly known as the

"Deficiency Appropriation Act for 1912".

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-End-

-CITE-

33 USC Sec. 423 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 423. Establishment of pierhead and bulkhead lines in

Wilmington Harbor, California

-STATUTE-

The Secretary of the Army is authorized to fix and establish

pierhead and bulkhead lines, either or both, in the inner harbor of

San Pedro, otherwise known as Wilmington Harbor, California, beyond

which no piers, wharves, bulkheads, or other works shall be

extended or deposits made except under such regulations as shall be

prescribed from time to time by the Secretary of the Army.

-SOURCE-

(Mar. 26, 1908, No. 14, 35 Stat. 569; July 26, 1947, ch. 343, title

II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-End-

-CITE-

33 USC Sec. 424 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 424. Establishment of pierhead or bulkhead lines in Newport

Harbor, California

-STATUTE-

The Secretary of the Army is authorized and directed to fix and

establish pierhead and bulkhead lines, either or both, at Newport

Harbor, California, in accordance with plan dated United States

Engineer Office, Los Angeles, California, March 25, 1913, and

entitled "Newport Bay, California", showing harbor lines, beyond

which no piers, wharfs, bulkheads, or other works shall be extended

or deposit made, except under such regulations as shall be

prescribed from time to time by the Secretary of the Army.

-SOURCE-

(July 27, 1916, ch. 260, Sec. 3, 39 Stat. 411; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act July 27, 1916, popularly known as the "Rivers

and Harbors Appropriation Act of 1916".

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 424a of this title.

-End-

-CITE-

33 USC Sec. 424a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 424a. Modification of harbor lines in Newport Harbor,

California

-STATUTE-

The Secretary of the Army is authorized to modify from time to

time, the harbor lines at Newport Harbor, California, established

in pursuance of section 424 of this title: Provided, That in his

opinion such modification will not injuriously affect the interests

of navigation.

-SOURCE-

(Mar. 3, 1925, ch. 467, Sec. 10, 43 Stat. 1197; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-End-

-CITE-

33 USC Sec. 425 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 425. Omitted

-COD-

CODIFICATION

Section, act June 7, 1924, ch. 316, Sec. 9, 43 Stat. 606,

directed Secretary of War to investigate depositing of polluting

substances into navigable streams and report the results to

Congress not later than two years from June 7, 1924.

-End-

-CITE-

33 USC Sec. 426 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426. Investigations concerning erosion of shores of coastal

and lake waters

-STATUTE-

The Chief of Engineers of the United States Army, under the

direction of the Secretary of the Army, is authorized and directed

to cause investigations and studies to be made in cooperation with

the appropriate agencies of the various States on the Atlantic,

Pacific, and gulf coasts and on the Great Lakes, and of the States

of Alaska and Hawaii, the Commonwealth of Puerto Rico, and the

possessions of the United States, with a view to devising effective

means of preventing erosion of the shores of coastal and lake

waters by waves and currents; and any expenses incident and

necessary thereto may be paid from funds appropriated for General

Investigations, Civil Functions, Department of the Army: Provided,

That the Department of the Army may release to the appropriate

cooperating agencies information obtained by these investigations

and studies prior to the formal transmission of reports to

Congress: Provided further, That no money shall be expended under

authority of this section in any State which does not provide for

cooperation with the agents of the United States and contribute to

the project such funds or services as the Secretary of the Army may

deem appropriate and require; that there shall be organized under

the Chief of Engineers, United States Army, a Board of seven

members, of whom four shall be officers of the Corps of Engineers

and three shall be civilian engineers selected by the Chief of

Engineers with regard to their special fitness in the field of

beach erosion and shore protection. The Board will furnish such

technical assistance as may be directed by the Chief of Engineers

in the conduct of such studies as may be undertaken and will review

the reports of the investigations made. In the consideration of

such studies as may be referred to the Board by the Chief of

Engineers, the Board shall, when it considers it necessary and with

the sanction of the Chief of Engineers, make, as a board or through

its members, personal examination of localities under

investigation: Provided further, That the civilian members of the

Board may be paid at rates not to exceed $100 a day for each day of

attendance at Board meetings, not to exceed thirty days per annum,

in addition to the traveling and other necessary expenses connected

with their duties on the Board in accordance with the provisions of

section 5703 of title 5.

-SOURCE-

(July 3, 1930, ch. 847, Sec. 2, 46 Stat. 945; Pub. L. 86-645, title

I, Sec. 103, July 14, 1960, 74 Stat. 484.)

-REFTEXT-

REFERENCES IN TEXT

The Board, referred to in text, means the Beach Erosion Board,

which was abolished by Pub. L. 88-172, Sec. 1, Nov. 7, 1963, 77

Stat. 304. See note set out below.

-COD-

CODIFICATION

"Section 5703 of title 5" substituted in text for "section 5 of

the Administrative Expenses Act of 1946, as amended (5 U.S.C.

73b-2)", on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

-MISC1-

AMENDMENTS

1960 - Pub. L. 86-645, among other changes, substituted

provisions requiring the three civilian members of the Board to be

civilian engineers selected by the Chief of Engineers with regard

to their special fitness in the field of beach erosion and shore

protection for provisions which required the civilian members to be

selected with regard to their special fitness from among the State

agencies cooperating with the Department of the Army, and

provisions authorizing payment of civilian members at rates not to

exceed $100 a day, for not more than 30 days per annum, for

provisions which required the States to pay the salaries of the

civilian members.

-TRANS-

ABOLITION OF BEACH EROSION BOARD

Pub. L. 88-172, Sec. 1, Nov. 7, 1963, 77 Stat. 304, provided in

part: "That the Board established by section 2 of the River and

Harbor Act approved July 3, 1930, as amended (33 U.S.C. 426),

referred to as the Beach Erosion Board, is hereby abolished." For

the transfer of functions of the Beach Erosion Board to the Coastal

Engineering Research Center and the Board of Engineers for Rivers

and Harbors, see sections 426-1 and 426-3 of this title. For

termination of Board of Engineers for Rivers and Harbors 180 days

after Oct. 31, 1992, and reassignment of duties and

responsibilities by Secretary of Army, see section 223 of Pub. L.

102-580, set out as a note under section 541 of this title.

-MISC2-

GREAT LAKES LEVELS STUDY

Pub. L. 99-662, title VII, Sec. 706, Nov. 17, 1986, 100 Stat.

4158, authorized Secretary of the Army, in cooperation with

National Oceanic and Atmospheric Administration, Federal Emergency

Management Agency, International Joint Commission, and other

appropriate Federal, State, and local agencies and the private

sector, to conduct a study of shoreline protection and beach

erosion control policy and related projects of the Secretary, in

view of the current situation and long-term expected increases in

levels of the Great Lakes and directed Secretary, within three

years after Nov. 17, 1986, to transmit the study, together with

supporting documentation and recommendations to Congress.

STUDY OF RISING OCEANS

Pub. L. 99-662, title VII, Sec. 731, Nov. 17, 1986, 100 Stat.

4165, authorized Secretary of the Army, in cooperation with

National Oceanic and Atmospheric Administration, Federal Emergency

Management Agency, and other appropriate Federal, State, and local

agencies and the private sector, to conduct a study of shoreline

protection and beach erosion control policy and related projects of

the Secretary, in view of the prospect for long-term increases in

levels of the ocean and directed Secretary, within three years

after Nov. 17, 1986, to transmit the study, together with

supporting documentation and recommendations to Congress.

APPLICATION OF EXISTING LAW TO SURVEYS RELATING TO SHORE PROTECTION

Pub. L. 87-874, Sec. 103(b), Oct. 23, 1962, 76 Stat. 1179,

provided that: "All provisions of existing law relating to surveys

of rivers and harbors shall apply to surveys relating to shore

protection and section 2 of the River and Harbor Act approved July

3, 1930, as amended (33 U.S.C. 426), is modified to the extent

inconsistent herewith."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426a, 426c of this title.

-End-

-CITE-

33 USC Sec. 426-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426-1. Coastal Engineering Research Center; establishment;

powers and functions

-STATUTE-

There shall be established under the Chief of Engineers, United

States Army, a Coastal Engineering Research Center which, except as

hereinafter provided in section 426-3 of this title, shall be

vested with all the functions of the Beach Erosion Board, including

the authority to make general investigations as provided in section

426a of this title, and such additional functions as the Chief of

Engineers may assign.

-SOURCE-

(Pub. L. 88-172, Sec. 1, Nov. 7, 1963, 77 Stat. 304.)

-COD-

CODIFICATION

Section was enacted as part of section 1 of Pub. L. 88-172. The

remainder of said section 1, abolishing the Beach Erosion Board, is

classified as a note under section 426 of this title.

-TRANS-

ABOLITION OF BEACH EROSION BOARD

Section 1 of Pub. L. 88-172 abolished Beach Erosion Board, and is

set out as a note under section 426 of this title. For the transfer

of certain functions of said Board to Board of Engineers for Rivers

and Harbors, see section 426-3 of this title. For termination of

Board of Engineers for Rivers and Harbors 180 days after Oct. 31,

1992, and reassignment of duties and responsibilities by Secretary

of Army, see section 223 of Pub. L. 102-580, set out as a note

under section 541 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426-2, 426h of this

title.

-End-

-CITE-

33 USC Sec. 426-2 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426-2. Board on Coastal Engineering Research

-STATUTE-

The functions of the Coastal Engineering Research Center

established by section 426-1 of this title, shall be conducted with

the guidance and advice of a Board on Coastal Engineering Research,

constituted by the Chief of Engineers in the same manner as the

present Beach Erosion Board.

-SOURCE-

(Pub. L. 88-172, Sec. 2, Nov. 7, 1963, 77 Stat. 305.)

-MISC1-

COMPENSATION OF BOARD

Pub. L. 91-611, title I, Sec. 105, Dec. 31, 1970, 84 Stat. 1819,

provided that: "The civilian members of the Board on Coastal

Engineering Research authorized by the Act of November 7, 1963 (33

U.S.C. 426-2) may be paid at rates not to exceed the daily

equivalent of the rate for GS-18 for each day of attendance at

Board meetings, not to exceed thirty days per year, in addition to

the traveling and other necessary expenses connected with their

duties on the Board in accordance with the provisions of 5 U.S.C.

5703(b), (d), and 5707."

[References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.]

-TRANS-

ABOLITION OF BEACH EROSION BOARD

Section 1 of Pub. L. 88-172 abolished Beach Erosion Board, and is

set out as a note under section 426 of this title. For transfer of

functions of Board to Coastal Engineering Research Center and Board

of Engineers for Rivers and Harbors, see sections 426-1 and 426-3

of this title. For termination of Board of Engineers for Rivers and

Harbors 180 days after Oct. 31, 1992, and reassignment of duties

and responsibilities by Secretary of Army, see section 223 of Pub.

L. 102-580, set out as a note under section 541 of this title.

-End-

-CITE-

33 USC Sec. 426-3 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426-3. Transfer of functions of Beach Erosion Board

-STATUTE-

All functions of the Beach Erosion Board pertaining to review of

reports of investigations made concerning erosion of the shores of

coastal and lake waters, and the protection of such shores, are

hereby transferred to the Board established by section 541 of this

title, referred to as the Board of Engineers for Rivers and

Harbors.

-SOURCE-

(Pub. L. 88-172, Sec. 3, Nov. 7, 1963, 77 Stat. 305.)

-TRANS-

TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND

REASSIGNMENT OF DUTIES AND RESPONSIBILITIES

For termination of Board of Engineers for Rivers and Harbors 180

days after Oct. 31, 1992, and reassignment of duties and

responsibilities by Secretary of Army, see section 223 of Pub. L.

102-580, set out as a note under section 541 of this title.

ABOLITION OF BEACH EROSION BOARD

Section 1 of Pub. L. 88-172 abolished Beach Erosion Board, and is

set out as a note under section 426 of this title. For transfer of

certain functions of Board to Coastal Engineering Research Center,

see section 426-1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 426-1 of this title.

-End-

-CITE-

33 USC Sec. 426a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426a. Additional investigations concerning erosion of shores

of coastal and lake waters; payment of costs; "shores" defined

-STATUTE-

In addition to participating in cooperative investigations and

studies with agencies of the various States as authorized in

section 426 of this title, it shall be the duty of the Chief of

Engineers, through the Coastal Engineering Research Center, to make

general investigations with a view to preventing erosion of the

shores of the United States by waves and currents and determining

the most suitable methods for the protection, restoration, and

development of beaches; and to publish from time to time such

useful data and information concerning the erosion and protection

of beaches and shore lines as the Center may deem to be of value to

the people of the United States. The cost of the general

investigations authorized by sections 426a to 426d of this title

shall be borne wholly by the United States. As used in said

sections, the word "shores" includes the shore lines of the

Atlantic and Pacific Oceans, the Gulf of Mexico, the Great Lakes,

Lake Champlain, and estuaries and bays directly connected

therewith.

-SOURCE-

(July 31, 1945, ch. 334, Sec. 1, 59 Stat. 508; Pub. L. 88-172, Sec.

1, Nov. 7, 1963, 77 Stat. 304.)

-COD-

CODIFICATION

Coastal Engineering Research Center has been substituted for

Beach Erosion Board pursuant to Pub. L. 88-172, Sec. 1, providing

in part for the abolition of the Beach Erosion Board, which is set

out as a note under section 426 of this title. For transfer of

investigatory functions of the Beach Erosion Board to the Coastal

Engineering Research Center, see section 426-1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426-1, 426d of this

title.

-End-

-CITE-

33 USC Sec. 426b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426b. Applicability of existing laws; projects referred to

Board of Engineers for Rivers and Harbors

-STATUTE-

All provisions of existing law relating to examinations and

surveys and to works of improvement of rivers and harbors shall

apply, insofar as practicable, to examinations and surveys and to

works of improvement relating to shore protection; except that all

projects having to do with shore protection shall be referred for

consideration and recommendation to the Board of Engineers for

Rivers and Harbors.

-SOURCE-

(July 31, 1945, ch. 334, Sec. 2, 59 Stat. 508; Pub. L. 88-172, Sec.

1, Nov. 7, 1963, 77 Stat. 304.)

-COD-

CODIFICATION

Provision for the referral of projects having to do with shore

protection for consideration and recommendation to the Beach

Erosion Board have been omitted as obsolete in view of the

abolition of the Beach Erosion Board and the transfer of its review

function to the Board of Engineers for Rivers and Harbors by Pub.

L. 88-172, Sec. 1. See section 426-3 of this title.

-TRANS-

TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND

REASSIGNMENT OF DUTIES AND RESPONSIBILITIES

For termination of Board of Engineers for Rivers and Harbors 180

days after Oct. 31, 1992, and reassignment of duties and

responsibilities by Secretary of Army, see section 223 of Pub. L.

102-580, set out as a note under section 541 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426a, 426d of this title.

-End-

-CITE-

33 USC Sec. 426c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426c. Report by Coastal Engineering Research Center

-STATUTE-

The Coastal Engineering Research Center, in making its report on

any cooperative investigation and studies under the provisions of

section 426 of this title, relating to shore protection work shall,

in addition to any other matters upon which it may be required to

report, state its opinion as to (a) the advisability of adopting

the project; (b) what public interest, if any, is involved in the

proposed improvement; and (c) what share of the expense, if any,

should be borne by the United States.

-SOURCE-

(July 31, 1945, ch. 334, Sec. 3, 59 Stat. 508; Pub. L. 88-172, Sec.

1, Nov. 7, 1963, 77 Stat. 304.)

-COD-

CODIFICATION

Coastal Engineering Research Center has been substituted for

Beach Erosion Board pursuant to Pub. L. 88-172, Sec. 1, providing

in part for the abolition of the Beach Erosion Board, which is set

out as a note under section 426 of this title. For transfer of

investigatory functions of the Beach Erosion Board to the Coastal

Engineering Research Center see section 426-1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426a, 426d of this title.

-End-

-CITE-

33 USC Sec. 426d 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426d. Payment of expenses

-STATUTE-

Any expenses incident and necessary in the undertaking of the

general investigations authorized by sections 426a to 426d of this

title may be paid from funds appropriated prior to or after July

31, 1945, for examinations, surveys, and contingencies for rivers

and harbors.

-SOURCE-

(July 31, 1945, ch. 334, Sec. 4, 59 Stat. 508.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 426a of this title.

-End-

-CITE-

33 USC Sec. 426e 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426e. Federal aid in protection of shores

-STATUTE-

(a) Declaration of policy

With the purpose of preventing damage to the shores and beaches

of the United States, its Territories and possessions and promoting

and encouraging the healthful recreation of the people, it is

declared to be the policy of the United States, subject to sections

426e to 426h-1 of this title, to promote shore protection projects

and related research that encourage the protection, restoration,

and enhancement of sandy beaches, including beach restoration and

periodic beach nourishment, on a comprehensive and coordinated

basis by the Federal Government, States, localities, and private

enterprises. In carrying out this policy, preference shall be given

to areas in which there has been a Federal investment of funds and

areas with respect to which the need for prevention or mitigation

of damage to shores and beaches is attributable to Federal

navigation projects or other Federal activities.

(b) Federal contribution; maximum amount; exceptions

The Federal contribution in the case of any project referred to

in subsection (a) of this section shall not exceed one-half of the

cost of the project, and the remainder shall be paid by the State,

municipality, or other political subdivision in which the project

is located, except that (1) the costs allocated to the restoration

and protection of Federal property shall be borne fully by the

Federal Government, (2) Federal participation in the cost of a

project for restoration and protection of State, county, and other

publicly owned shore parks and conservation areas may be, in the

discretion of the Chief of Engineers, not more than 70 per centum

of the total cost exclusive of land costs, when such areas: Include

a zone which excludes permanent human habitation; include but are

not limited to recreational beaches; satisfy adequate criteria for

conservation and development of the natural resources of the

environment; extend landward a sufficient distance to include,

where appropriate, protective dunes, bluffs, or other natural

features which serve to protect the uplands from damage; and

provide essentially full park facilities for appropriate public

use, all of which shall meet with the approval of the Chief of

Engineers, and (3) Federal participation in the cost of a project

providing hurricane protection may be, in the discretion of the

Secretary (!1) not more than 70 per centum of the total cost

exclusive of land costs.

(c) Periodic beach nourishment; "construction" defined

When in the opinion of the Chief of Engineers the most suitable

and economical remedial measures would be provided by periodic

beach nourishment, the term "construction" may be construed for the

purposes of sections 426e to 426h-1 of this title to include the

deposit of sand fill at suitable intervals of time to furnish sand

supply to project shores for a length of time specified by the

Chief of Engineers.

(d) Shores other than public

Shores other than public will be eligible for Federal assistance

if there is benefit such as that arising from public use or from

the protection of nearby public property or if the benefits to

those shores are incidental to the project, and the Federal

contribution to the project shall be adjusted in accordance with

the degree of such benefits.

(e) Authorization of projects

(1) In general

No Federal contributions shall be made with respect to a

project under sections 426e to 426h-1 of this title unless the

plan therefor shall have been specifically adopted and authorized

by Congress after investigation and study by the Coastal

Engineering Research Center under the provisions of section 426

of this title as amended and supplemented, or, in the case of a

small project under section 426g or 426h of this title, unless

the plan therefor has been approved by the Chief of Engineers.

(2) Studies

(A) In general

The Secretary shall -

(i) recommend to Congress studies concerning shore

protection projects that meet the criteria established under

sections 426e to 426h-1 of this title (including subparagraph

(B)(iii)) and other applicable law;

(ii) conduct such studies as Congress requires under

applicable laws; and

(iii) report the results of the studies to the Committee on

Environment and Public Works of the Senate and the Committee

on Transportation and Infrastructure of the House of

Representatives.

(B) Recommendations for shore protection projects

(i) In general

The Secretary shall recommend to Congress the authorization

or reauthorization of shore protection projects based on the

studies conducted under subparagraph (A).

(ii) Considerations

In making recommendations, the Secretary shall consider the

economic and ecological benefits of the shore protection

project.

(C) Coordination of projects

In conducting studies and making recommendations for a shore

protection project under this paragraph, the Secretary shall -

(i) determine whether there is any other project being

carried out by the Secretary or the head of another Federal

agency that may be complementary to the shore protection

project; and

(ii) if there is such a complementary project, describe the

efforts that will be made to coordinate the projects.

(3) Shore protection projects

(A) In general

The Secretary shall construct, or cause to be constructed,

any shore protection project authorized by Congress, or

separable element of such a project, for which funds have been

appropriated by Congress.

(B) Agreements

(i) Requirement

After authorization by Congress, and before commencement of

construction, of a shore protection project or separable

element, the Secretary shall enter into a written agreement

with a non-Federal interest with respect to the project or

separable element.

(ii) Terms

The agreement shall -

(I) specify the life of the project; and

(II) ensure that the Federal Government and the

non-Federal interest will cooperate in carrying out the

project or separable element.

(C) Coordination of projects

In constructing a shore protection project or separable

element under this paragraph, the Secretary shall, to the

extent practicable, coordinate the project or element with any

complementary project identified under paragraph (2)(C).

-SOURCE-

(Aug. 13, 1946, ch. 960, Sec. 1, 60 Stat. 1056; July 28, 1956, ch.

768, 70 Stat. 702; Pub. L. 87-874, title I, Sec. 103(a)(1)-(3),

Oct. 23, 1962, 76 Stat. 1178; Pub. L. 88-172, Sec. 1, Nov. 7, 1963,

77 Stat. 304; Pub. L. 91-611, title II, Sec. 208, Dec. 31, 1970, 84

Stat. 1829; Pub. L. 104-303, title II, Sec. 227(a), (b), (e)(2)(A),

(B), Oct. 12, 1996, 110 Stat. 3698, 3703.)

-COD-

CODIFICATION

Coastal Engineering Research Center, referred to in subsec. (e),

has been substituted for Beach Erosion Board pursuant to Pub. L.

88-172, Sec. 1, providing in part for the abolition of the Beach

Erosion Board and for transfer of functions of the Beach Erosion

Board to the Coastal Engineering Research Center. See section 426-1

of this title.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-303, Sec. 227(a), inserted "and

beaches" after "damage to the shores" and substituted "sections

426e to 426h-1 of this title, to promote shore protection projects

and related research that encourage the protection, restoration,

and enhancement of sandy beaches, including beach restoration and

periodic beach nourishment, on a comprehensive and coordinated

basis by the Federal Government, States, localities, and private

enterprises. In carrying out this policy, preference shall be given

to areas in which there has been a Federal investment of funds and

areas with respect to which the need for prevention or mitigation

of damage to shores and beaches is attributable to Federal

navigation projects or other Federal activities." for "the

following provisions of sections 426e to 426h of this title to

assist in the construction, but not the maintenance, of works for

the restoration and protection against erosion, by waves and

currents, of the shores of the United States, its Territories and

possessions."

Subsec. (b)(3). Pub. L. 104-303, Sec. 227(e)(2), substituted

"Secretary" for "Secretary of the Army, acting through the Chief of

Engineers," and struck out second period at end.

Subsec. (e). Pub. L. 104-303, Sec. 227(b), (e)(2)(B), inserted

subsec. heading, designated existing provisions as par. (1) and

inserted heading, realigned margin, inserted "or 426h" after "under

section 426g", and added pars. (2) and (3).

1970 - Subsec. (b). Pub. L. 91-611 provided for designation of

existing provisions as cls. (1) and (2) by insertion of "(1)" after

"except that" and substitution of "(2)" for "and, further, that"

and added cl. (3).

1962 - Subsec. (b). Pub. L. 87-874, Sec. 103(a)(1), (2),

increased maximum limit on amount of Federal contributions from

one-third to one-half of project cost, provided that costs for

restoration and protection of Federal property shall be borne fully

by the Federal Government, and that costs for restoration and

protection of State, county and other publicly owned shore parks

and conservation areas may be borne by Federal Government up to not

more than 70 per centum, exclusive of land costs, when such areas

include a zone which excludes permanent human habitation, include

recreational beaches, satisfy criteria for conservation and

development of natural resources, extend landward enough to include

natural features to protect uplands, and provide essentially full

park facilities for public use, all of which meet with approval of

Chief of Engineers.

Subsec. (e). Pub. L. 87-874, Sec. 103(a)(3), required approval of

plans by Chief of Engineers in case of a small project under

section 426g of this title.

1956 - Act July 28, 1956, extended assistance to privately owned

shores, to include shores of Territories and possessions,

substituted "restoration" for "improvement", defined

"construction", and struck out provisions which authorized Federal

aid toward the repair and protection of seawalls constructed by

political subdivisions to protect important public highways.

BEACH RECREATION

Pub. L. 106-541, title II, Sec. 220, Dec. 11, 2000, 114 Stat.

2596, provided that: "Not later than 1 year after the date of

enactment of this Act [Dec. 11, 2000], the Secretary shall develop

and implement procedures to ensure that all of the benefits of a

beach restoration project, including those benefits attributable to

recreation, hurricane and storm damage reduction, and environmental

protection and restoration, are displayed in reports for such

projects."

SHORE MANAGEMENT PROGRAM

Pub. L. 106-53, title II, Sec. 213, Aug. 17, 1999, 113 Stat. 291,

provided that:

"(a) Review. - The Secretary shall review the implementation of

the Corps of Engineers shore management program, with particular

attention to -

"(1) inconsistencies in implementation among the divisions and

districts of the Corps of Engineers; and

"(2) complaints by or potential inequities regarding property

owners in the Savannah District, including an accounting of the

number and disposition of complaints in the Savannah District

during the 5-year period preceding the date of enactment of this

Act [Aug. 17, 1999].

"(b) Report. - As expeditiously as practicable, but not later

than 1 year after the date of enactment of this Act [Aug. 17,

1999], the Secretary shall submit to the Committee on

Transportation and Infrastructure of the House of Representatives

and the Committee on Environment and Public Works of the Senate a

report describing the results of the review under subsection (a)."

REPORT ON SHORES OF THE UNITED STATES

Pub. L. 106-53, title II, Sec. 215(c), Aug. 17, 1999, 113 Stat.

293, provided that:

"(1) In general. - Not later than 3 years after the date of

enactment of this Act [Aug. 17, 1999], the Secretary shall report

to Congress on the state of the shores of the United States.

"(2) Contents. - The report shall include -

"(A) a description of -

"(i) the extent of, and economic and environmental effects

caused by, erosion and accretion along the shores of the United

States; and

"(ii) the causes of such erosion and accretion;

"(B) a description of resources committed by Federal, State,

and local governments to restore and renourish shores;

"(C) a description of the systematic movement of sand along the

shores of the United States; and

"(D) recommendations regarding -

"(i) appropriate levels of Federal and non-Federal

participation in shore protection; and

"(ii) use of a systems approach to sand management.

"(3) Use of specific location data. - In developing the report,

the Secretary shall use data from specific locations on the coasts

of the Atlantic Ocean, Pacific Ocean, Great Lakes, and Gulf of

Mexico."

REPORT TO CONGRESS ON SHORELINE PROTECTION PROGRAMS

Pub. L. 101-640, title III, Sec. 309, Nov. 28, 1990, 104 Stat.

4638, provided that: "Not later than 1 year after the date of the

enactment of this Act [Nov. 28, 1990], the Secretary shall transmit

to Congress a report on the advisability of not participating in

the planning, implementation, or maintenance of any beach

stabilization or renourishment project involving Federal funds

unless the State in which the proposed project will be located has

established or committed to establish a beach front management

program that includes -

"(1) restrictions on new development seaward of an erosion

setback line (based on preproject beach size) of at least 30

times the annual erosion rate;

"(2) restrictions on construction of new structural

stabilization projects, such as seawalls and groins, and their

reconstruction if damaged by 50 percent or more;

"(3) provisions for the relocation of structures in

erosion-prone areas;

"(4) provisions to assure public access to beaches stabilized

or renourished with Federal funds after January 1, 1991; and

"(5) such other provisions as the Secretary may prescribe by

regulation to prevent hazardous or environmentally damaging

shoreline development."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426g, 426h-1 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

33 USC Sec. 426f 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426f. Reimbursements

-STATUTE-

(a) In general

The Secretary is authorized to reimburse non-Federal interests

for work done by them, after initiation of the survey studies which

form the basis for the project or separable element of the project,

on authorized projects or separable elements which individually do

not exceed $1,000,000 in total cost: Provided, That the work which

may have been done on the projects or separable elements is

approved by the Chief of Engineers as being in accordance with the

authorized projects or separable elements: Provided further, That

such reimbursement shall be subject to appropriations applicable

thereto or funds available therefor and shall not take precedence

over other pending projects or separable elements of higher

priority for improvements.

(b) Agreements

(1) Requirement

After authorization of reimbursement by the Secretary under

this section, and before commencement of construction, of a shore

protection project, the Secretary shall enter into a written

agreement with the non-Federal interest with respect to the

project or separable element.

(2) Terms

The agreement shall -

(A) specify the life of the project; and

(B) ensure that the Federal Government and the non-Federal

interest will cooperate in carrying out the project or

separable element.

-SOURCE-

(Aug. 13, 1946, ch. 960, Sec. 2, 60 Stat. 1056; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; July 28, 1956, ch. 768,

70 Stat. 703; Pub. L. 87-874, title I, Sec. 103(a)(4), Oct. 23,

1962, 76 Stat. 1178; Pub. L. 104-303, title II, Sec. 227(c)(1),

Oct. 12, 1996, 110 Stat. 3699.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-303 inserted section catchline, designated

existing provisions as subsec. (a), inserted heading, substituted

"Secretary" for "Secretary of the Army" and "non-Federal interests"

for "local interests", inserted "or separable element of the

project" after "project", inserted "or separable elements" after

"projects" wherever appearing, and added subsec. (b).

1962 - Pub. L. 87-874 substituted provisions which authorize the

Secretary of the Army to reimburse local interests for work done on

authorized projects which individually do not exceed $1,000,000 in

cost, and provide that such reimbursement shall be subject to

applicable appropriations or available funds and not take priority

over pending projects of higher priority, for provisions which

authorized the Chief of Engineers to cause to be paid to the

political subdivision involved the amount authorized by Congress.

1956 - Act July 28, 1956, substituted "or other political

subdivision involved" for "or political subdivision".

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426e, 426h-1 of this

title; title 42 section 1962d-5a.

-End-

-CITE-

33 USC Sec. 426g 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426g. Authorization of small projects not specifically

authorized; expenditures; local cooperation; work to be complete;

exceptions

-STATUTE-

The Secretary is authorized to undertake construction of small

shore and beach restoration and protection projects not

specifically authorized by Congress, which otherwise comply with

section 426e of this title, when he finds that such work is

advisable, and he is further authorized to allot from any

appropriations hereafter made for civil works, not to exceed

$30,000,000 for any one fiscal year for the Federal share of the

costs of construction of such projects: Provided, That not more

than $3,000,000 shall be allotted for this purpose for any single

project and the total amount allotted shall be sufficient to

complete the Federal participation in the project under this

section including periodic nourishment as provided for under

section 426e(c) of this title: Provided further, That the

provisions of local cooperation specified in section 426e of this

title shall apply: And provided further, That the work shall be

complete in itself and shall not commit the United States to any

additional improvement to insure its successful operation, except

for participation in periodic beach nourishment in accordance with

section 426e(c) of this title, and as may result from the normal

procedure applying to projects authorized after submission of

survey reports.

-SOURCE-

(Aug. 13, 1946, ch. 960, Sec. 3, 60 Stat. 1056; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; July 28, 1956, ch. 768,

70 Stat. 703; Pub. L. 87-874, title I, Sec. 103(a)(4), Oct. 23,

1962, 76 Stat. 1178; Pub. L. 89-298, title III, Sec. 310(b), Oct.

27, 1965, 79 Stat. 1095; Pub. L. 91-611, title I, Sec. 112(b), Dec.

31, 1970, 84 Stat. 1821; Pub. L. 99-662, title IX, Sec. 915(e),

Nov. 17, 1986, 100 Stat. 4191; Pub. L. 104-303, title II, Sec.

227(e)(2)(C), Oct. 12, 1996, 110 Stat. 3703; Pub. L. 106-53, title

II, Sec. 226, Aug. 17, 1999, 113 Stat. 298.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-53 substituted "$3,000,000" for "$2,000,000".

1996 - Pub. L. 104-303 substituted "Secretary" for "Secretary of

the Army".

1986 - Pub. L. 99-662 substituted "$30,000,000" for "$25,000,000"

and "$2,000,000" for "$1,000,000".

1970 - Pub. L. 91-611 increased authorized annual allotment for

Federal share of project construction costs from $10,000,000 to

$25,000,000 and the limitation on allotment for any single project

from $500,000 to $1,000,000.

1965 - Pub. L. 89-298 increased authorized annual allotment for

Federal share of project construction costs from $3,000,000 to

$10,000,000 and the limitation on allotment for any single project

from $400,000 to $500,000.

1962 - Pub. L. 87-874 substituted provisions which authorize the

Secretary of the Army to undertake small shore and beach projects

not specifically authorized by Congress, which otherwise comply

with section 426e of this title, and to allot from any civil works

appropriations hereafter made, an amount not to exceed $3,000,000

for the Federal share of such projects in any one fiscal year,

provide that no such single project shall be allotted more than

$400,000, including periodic nourishment, that provisions of local

cooperation shall apply, and that the work shall be complete and

not commit the United States to any additional improvement except

for periodic beach nourishment, and as may result from procedure

applying to projects authorized after submission of survey reports,

for provisions which permitted the Chief of Engineers to make

advance payments, not exceeding the United States pro rata part of

the value of the labor and materials actually put in, and to

undertake construction of restoration and protective works under

sections 426e to 426h of this title upon the request of, and

contribution of funds by, the interested political subdivision.

1956 - Act July 28, 1956, substituted "restoration and protective

works under sections 426e to 426h of this title" for "improvement

and protective works".

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

EFFECTIVE DATE OF 1986 AMENDMENT

Section 915(i) of Pub. L. 99-662 provided that: "The amendments

made by this section [amending this section and sections 426i, 577,

603a, 701g, 701r, and 701s of this title] shall not apply to any

project under contract for construction on the date of enactment of

this Act [Nov. 17, 1986]."

EFFECTIVE DATE OF 1970 AMENDMENT

Section 112(c) of Pub. L. 91-611 provided that: "The amendments

made by this section [amending this section and section 577 of this

title] shall not apply to any project under contract for

construction on the date of enactment of this Act [Dec. 31, 1970]."

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which

created Department of Transportation. Pub. L. 97-449 amended

section 401 of this title to reflect transfer made by section

6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426e, 426h-1, 2282, 2290

of this title.

-End-

-CITE-

33 USC Sec. 426g-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426g-1. State and regional plans

-STATUTE-

The Secretary may -

(1) cooperate with any State in the preparation of a

comprehensive State or regional plan for the conservation of

coastal resources located within the boundaries of the State;

(2) encourage State participation in the implementation of the

plan; and

(3) submit to Congress reports and recommendations with respect

to appropriate Federal participation in carrying out the plan.

-SOURCE-

(Aug. 13, 1946, ch. 960, Sec. 4, as added Pub. L. 104-303, title

II, Sec. 227(d)(2), Oct. 12, 1996, 110 Stat. 3700.)

-MISC1-

PRIOR PROVISIONS

A prior section 4 of act Aug. 13, 1946, was renumbered section 5

of that act, and was classified to section 426h of this title prior

to repeal by Pub. L. 104-303.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426e, 426h-1 of this

title.

-End-

-CITE-

33 USC Sec. 426h 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426h. National shoreline erosion control development and

demonstration program

-STATUTE-

(a) Establishment of erosion control program

The Secretary shall establish and conduct a national shoreline

erosion control development and demonstration program for a period

of 6 years beginning on the date that funds are made available to

carry out this section.

(b) Requirements

(1) In general

The erosion control program shall include provisions for -

(A) projects consisting of planning, designing, and

constructing prototype engineered and vegetative shoreline

erosion control devices and methods during the first 3 years of

the erosion control program;

(B) adequate monitoring of the prototypes throughout the

duration of the erosion control program;

(C) detailed engineering and environmental reports on the

results of each demonstration project carried out under the

erosion control program; and

(D) technology transfers to private property owners and State

and local entities.

(2) Emphasis

The projects carried out under the erosion control program

shall emphasize, to the extent practicable -

(A) the development and demonstration of innovative

technologies;

(B) efficient designs to prevent erosion at a shoreline site,

taking into account the life-cycle cost of the design,

including cleanup, maintenance, and amortization;

(C) natural designs, including the use of vegetation or

temporary structures that minimize permanent structural

alterations;

(D) the avoidance of negative impacts to adjacent shorefront

communities;

(E) in areas with substantial residential or commercial

interests adjacent to the shoreline, designs that do not impair

the aesthetic appeal of the interests;

(F) the potential for long-term protection afforded by the

technology; and

(G) recommendations developed from evaluations of the

original 1974 program established under the Shoreline Erosion

Control Demonstration Act of 1974 (42 U.S.C. 1962d-5 note; 88

Stat. 26), including -

(i) adequate consideration of the subgrade;

(ii) proper filtration;

(iii) durable components;

(iv) adequate connection between units; and

(v) consideration of additional relevant information.

(3) Sites

(A) In general

Each project under the erosion control program shall be

carried out at a privately owned site with substantial public

access, or a publicly owned site, on open coast or on tidal

waters.

(B) Selection

The Secretary shall develop criteria for the selection of

sites for the projects, including -

(i) a variety of geographical and climatic conditions;

(ii) the size of the population that is dependent on the

beaches for recreation, protection of homes, or commercial

interests;

(iii) the rate of erosion;

(iv) significant natural resources or habitats and

environmentally sensitive areas; and

(v) significant threatened historic structures or

landmarks.

(C) Areas

Projects under the erosion control program shall be carried

out at not fewer than -

(i) 2 sites on each of the shorelines of the Atlantic and

Pacific coasts, including the city of Miami Beach, Florida;

(ii) 2 sites on the shoreline of the Great Lakes; and

(iii) 1 site on the shoreline of the Gulf of Mexico.

(4) Determination of feasibility

Implementation of a project under this section is contingent

upon a determination by the Secretary that such project is

feasible.

(c) Consultation

(1) Parties

The Secretary shall carry out the erosion control program in

consultation with -

(A) the Secretary of Agriculture, particularly with respect

to vegetative means of preventing and controlling shoreline

erosion;

(B) Federal, State, and local agencies;

(C) private organizations;

(D) the Coastal Engineering Research Center established under

section 426-1 of this title; and

(E) university research facilities.

(2) Agreements

The consultation described in paragraph (1) may include

entering into agreements with other Federal, State, or local

agencies or private organizations to carry out functions

described in subsection (b)(1) of this section when appropriate.

(d) Report

Not later than 60 days after the conclusion of the erosion

control program, the Secretary shall prepare and submit an erosion

control program final report to the Committee on Environment and

Public Works of the Senate and the Committee on Transportation and

Infrastructure of the House of Representatives. The report shall

include a comprehensive evaluation of the erosion control program

and recommendations regarding the continuation of the erosion

control program.

(e) Funding

(1) Responsibility

The cost of and responsibility for operation and maintenance

(excluding monitoring) of a demonstration project under the

erosion control program shall be borne by non-Federal interests

on completion of construction of the demonstration project.

(2) Authorization of appropriations

There is authorized to be appropriated $21,000,000 to carry out

this section.

-SOURCE-

(Aug. 13, 1946, ch. 960, Sec. 5, as added Pub. L. 104-303, title

II, Sec. 227(e)(1), Oct. 12, 1996, 110 Stat. 3700; amended Pub. L.

106-53, title V, Sec. 581, Aug. 17, 1999, 113 Stat. 375.)

-REFTEXT-

REFERENCES IN TEXT

The Shoreline Erosion Control Demonstration Act of 1974, referred

to in subsec. (b)(2)(G), is Pub. L. 93-251, title I, Sec. 54, Mar.

7, 1974, 88 Stat. 26, formerly set out as a note under section

1962d-5 of Title 42, The Public Health and Welfare.

-MISC1-

PRIOR PROVISIONS

A prior section 426h, acts Aug. 13, 1946, ch. 960, Sec. 5,

formerly Sec. 4, 60 Stat. 1057; July 28, 1956, ch. 768, 70 Stat.

703; renumbered Sec. 5, Oct. 12, 1996, Pub. L. 104-303, title II,

Sec. 227(d)(1), 110 Stat. 3700, defined the word "shores" as used

in sections 426e to 426h of this title, prior to repeal by Pub. L.

104-303, title II, Sec. 227(e)(1), Oct. 12, 1996, 110 Stat. 3700.

AMENDMENTS

1999 - Subsec. (b)(3)(C)(i). Pub. L. 106-53 inserted ", including

the city of Miami Beach, Florida" after "Pacific coasts".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426e, 426h-1 of this

title.

-End-

-CITE-

33 USC Sec. 426h-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426h-1. Definitions

-STATUTE-

In sections 426e to 426h-1 of this title, the following

definitions apply:

(1) Erosion control program

The term "erosion control program" means the national shoreline

erosion control development and demonstration program established

under this section.

(2) Secretary

The term "Secretary" means the Secretary of the Army.

(3) Separable element

The term "separable element" has the meaning provided by

section 2213(f) of this title.

(4) Shore

The term "shore" includes each shoreline of the Atlantic and

Pacific Oceans, the Gulf of Mexico, the Great Lakes, and lakes,

estuaries, and bays directly connected therewith.

(5) Shore protection project

The term "shore protection project" includes a project for

beach nourishment, including the replacement of sand.

-SOURCE-

(Aug. 13, 1946, ch. 960, Sec. 6, as added Pub. L. 104-303, title

II, Sec. 227(e)(1), Oct. 12, 1996, 110 Stat. 3702.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 426e of this title.

-End-

-CITE-

33 USC Sec. 426i 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426i. Shore damage prevention or mitigation

-STATUTE-

(a) In general

The Secretary of the Army is authorized to investigate, study,

plan, and implement structural and nonstructural measures for the

prevention or mitigation of shore damages attributable to Federal

navigation works and shore damage attributable to the Atlantic

Intracoastal Waterway and the Gulf Intracoastal Waterway, if a

non-Federal public body agrees to operate and maintain such

measures, and, in the case of interests in real property acquired

in conjunction with nonstructural measures, to operate and maintain

the property for public purposes in accordance with regulations

prescribed by the Secretary.

(b) Cost sharing

The costs of implementing measures under this section shall be

cost-shared in the same proportion as the cost-sharing provisions

applicable to the project causing the shore damage.

(c) Requirement for specific authorization

No such project shall be initiated without specific authorization

by Congress if the Federal first cost exceeds $5,000,000.

(d) Coordination

The Secretary shall -

(1) coordinate the implementation of the measures under this

section with other Federal and non-Federal shore protection

projects in the same geographic area; and

(2) to the extent practicable, combine mitigation projects with

other shore protection projects in the same area into a

comprehensive regional project.

-SOURCE-

(Pub. L. 90-483, title I, Sec. 111, Aug. 13, 1968, 82 Stat. 735;

Pub. L. 99-662, title IX, Secs. 915(f), 940, Nov. 17, 1986, 100

Stat. 4191, 4199; Pub. L. 106-53, title II, Sec. 214, Aug. 17,

1999, 113 Stat. 291.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-53 designated first sentence as subsec. (a),

inserted heading, and inserted "and shore damage attributable to

the Atlantic Intracoastal Waterway and the Gulf Intracoastal

Waterway" after "navigation works", designated second sentence as

subsec. (b) and inserted heading, and designated third sentence as

subsec. (c), inserted heading, and substituted "$5,000,000" for

"$2,000,000", and added subsec. (d).

1986 - Pub. L. 99-662, Sec. 940, amended section generally. Prior

to amendment, section read as follows: "The Secretary of the Army,

acting through the Chief of Engineers, is authorized to

investigate, study, and construct projects for the prevention or

mitigation of shore damages attributable to Federal navigation

works. The cost of installing, operating, and maintaining such

projects shall be borne entirely by the United States. No such

project shall be constructed without specific authorization by

Congress if the estimated first cost exceeds $2,000,000."

Pub. L. 99-662, Sec. 915(f), substituted "$2,000,000" for

"$1,000,000".

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by section 915(f) of Pub. L. 99-662 not applicable to

any project under contract for construction on Nov. 17, 1986, see

section 915(i) of Pub. L. 99-662, set out as a note under section

426g of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2282, 2290 of this title.

-End-

-CITE-

33 USC Sec. 426i-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426i-1. Construction of shoreline protection projects by

non-Federal interests

-STATUTE-

(a) Authority

Non-Federal interests are authorized to undertake shoreline

protection projects on the coastline of the United States, subject

to obtaining any permits required pursuant to Federal and State

laws in advance of actual construction.

(b) Studies and engineering

(1) By non-Federal interests

A non-Federal interest may prepare, for review and approval by

the Secretary, the necessary studies and engineering for any

construction to be undertaken under subsection (a) of this

section.

(2) By Secretary

Upon request of an appropriate non-Federal interest, the

Secretary may undertake all necessary studies and engineering for

any construction to be undertaken under subsection (a) of this

section and provide technical assistance in obtaining all

necessary permits for such construction if the non-Federal

interest contracts with the Secretary to furnish the United

States funds for the studies and engineering during the period

that the studies and engineering will be conducted.

(c) Completion of studies

The Secretary is authorized to complete and transmit to the

appropriate non-Federal interests any study for shoreline

protection which was initiated before October 31, 1992, or, upon

the request of such non-Federal interest, to terminate the study

and transmit the partially completed study to the non-Federal

interest for completion. Studies subject to this subsection shall

be completed without regard to the requirements of subsection (b)

of this section.

(d) Authority to carry out improvement

(1) In general

Any non-Federal interest which has received from the Secretary

pursuant to subsection (b) or (c) of this section a favorable

recommendation to carry out a shoreline protection project or

separable element thereof, based on the results of completed

studies and engineering for the project or element, may carry out

the project or element if a final environmental impact statement

has been filed for the project or element.

(2) Permits

Any plan of improvement proposed to be implemented in

accordance with this subsection shall be deemed to satisfy the

requirements for obtaining the appropriate permits required under

the Secretary's authority and such permits shall be granted

subject to the non-Federal interest's acceptance of the terms and

conditions of such permits if the Secretary determines that the

applicable regulatory criteria and procedures have been

satisfied.

(3) Monitoring

The Secretary shall monitor any project for which permits are

granted under this subsection in order to ensure that such

project is constructed (and, in those cases where such activities

will not be the responsibility of the Secretary, operated and

maintained) in accordance with the terms and conditions of such

permits.

(e) Reimbursement

(1) General rule

Subject to the enactment of appropriation Acts, the Secretary

is authorized to reimburse any non-Federal interest an amount

equal to the estimate of the Federal share, without interest, of

the cost of any authorized shoreline protection project, or

separable element thereof, constructed under this section -

(A) if, after authorization and before initiation of

construction of the project or separable element, the Secretary

approves the plans for construction of such project by such

non-Federal interest and enters into a written agreement with

the non-Federal interest with respect to the project or

separable element (including the terms of cooperation); and

(B) if the Secretary finds, after a review of studies and

engineering prepared pursuant to this section, that

construction of the project or separable element is

economically justified and environmentally acceptable.

(2) Matters to be considered in reviewing plans

In reviewing plans under this subsection, the Secretary shall

consider budgetary and programmatic priorities and other factors

that the Secretary deems appropriate.

(3) Monitoring

The Secretary shall regularly monitor and audit any project for

shore protection constructed under this section by a non-Federal

interest in order to ensure that such construction is in

compliance with the plans approved by the Secretary and that the

costs are reasonable.

(4) Limitation on reimbursements

No reimbursement shall be made under this section unless and

until the Secretary has certified that the work for which

reimbursement is requested has been performed in accordance with

applicable permits or approved plans.

-SOURCE-

(Pub. L. 102-580, title II, Sec. 206, Oct. 31, 1992, 106 Stat.

4828; Pub. L. 104-303, title II, Sec. 227(c)(2), Oct. 12, 1996, 110

Stat. 3700.)

-MISC1-

AMENDMENTS

1996 - Subsec. (e)(1)(A). Pub. L. 104-303 inserted before

semicolon "and enters into a written agreement with the non-Federal

interest with respect to the project or separable element

(including the terms of cooperation)".

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 3 of Pub.

L. 102-580, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 426i-2 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426i-2. National coastal data bank

-STATUTE-

(1) Establishment of data bank

Not later than 2 years after August 17, 1999, the Secretary shall

establish a national coastal data bank containing data on the

geophysical and climatological characteristics of the shores of the

United States.

(2) Content

To the extent practicable, the national coastal data bank shall

include data regarding current and predicted shore positions,

information on federally authorized shore protection projects, and

data on the movement of sand along the shores of the United States,

including impediments to such movement caused by natural and

manmade features.

(3) Access

The national coastal data bank shall be made readily accessible

to the public.

-SOURCE-

(Pub. L. 106-53, title II, Sec. 215(d), Aug. 17, 1999, 113 Stat.

293.)

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-53, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 426j 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426j. Placement on State beaches of sand dredged in

constructing and maintaining navigation inlets and channels

adjacent to such beaches

-STATUTE-

The Secretary of the Army, acting through the Chief of Engineers,

is authorized upon request of the State, to place on the beaches of

such State beach-quality sand which has been dredged in

constructing and maintaining navigation inlets and channels

adjacent to such beaches, if the Secretary deems such action to be

in the public interest and upon payment by such State of 35 percent

of the increased cost thereof above the cost required for

alternative methods of disposing of such sand. At the request of

the State, the Secretary may enter into an agreement with a

political subdivision of the State to place sand on the beaches of

the political subdivision of the State under the same terms and

conditions required in the first sentence of this section; except

that the political subdivision shall be responsible for providing

any payments required under such sentence in lieu of the State. In

carrying out this section, the Secretary shall give consideration

to the schedule of the State, or the schedule of the responsible

political subdivision of the requesting State, for providing its

share of funds for placing such sand on the beaches of the State or

the political subdivision and shall, to the maximum extent

practicable, accommodate such schedule.

-SOURCE-

(Pub. L. 94-587, Sec. 145, Oct. 22, 1976, 90 Stat. 2931; Pub. L.

99-662, title IX, Sec. 933, Nov. 17, 1986, 100 Stat. 4197; Pub. L.

100-676, Sec. 35, Nov. 17, 1988, 102 Stat. 4031; Pub. L. 102-580,

title II, Sec. 207, Oct. 31, 1992, 106 Stat. 4829; Pub. L. 106-53,

title II, Sec. 217(a), Aug. 17, 1999, 113 Stat. 294.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-53 substituted "35 percent" for "50 percent"

in first sentence.

1992 - Pub. L. 102-580 substituted last two sentences for former

last sentence which read as follows: "In carrying out this section,

the Secretary shall give consideration to the State's schedule for

providing its share of funds for placing such sand on the beaches

of such State and shall, to the maximum extent practicable,

accommodate such schedule."

1988 - Pub. L. 100-676 inserted at end "In carrying out this

section, the Secretary shall give consideration to the State's

schedule for providing its share of funds for placing such sand on

the beaches of such State and shall, to the maximum extent

practicable, accommodate such schedule."

1986 - Pub. L. 99-662 inserted "by such State of 50 percent".

GREAT LAKES BASIN

Pub. L. 106-53, title II, Sec. 217(b), Aug. 17, 1999, 113 Stat.

294, provided that: "The Secretary shall work with the State of

Ohio, other Great Lakes States, and political subdivisions of the

States to fully implement and maximize beneficial reuse of dredged

material as provided under section 145 of the Water Resources

Development Act of 1976 (33 U.S.C. 426j)."

-End-

-CITE-

33 USC Sec. 426k 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426k. Five year demonstration program to temporarily increase

diversion of water from Lake Michigan at Chicago, Illinois

-STATUTE-

(a) Authorization of Secretary of the Army; purpose; amounts of

increase; incremental accomplishment; effects on Illinois

Waterway; responsibilities for development, implementation, and

supervision

In order to alleviate water damage on the shoreline of Lake

Michigan and others of the Great Lakes during periods of abnormally

high water levels in the Great Lakes, and to improve the water

quality of the Illinois Waterway, the Secretary of the Army, acting

through the Chief of Engineers, is authorized to carry out a

five-year demonstration program to temporarily increase the

diversion of water from Lake Michigan at Chicago, Illinois, for the

purpose of testing the practicability of increasing the average

annual diversion from the present limit of three thousand two

hundred cubic feet per second to ten thousand cubic feet per

second. The demonstration program will increase the controllable

diversion by various amounts calculated to raise the average annual

diversion above three thousand two hundred cubic feet per second up

to ten thousand cubic feet per second. The increase in diversion

rate will be accomplished incrementally and will take into

consideration the effects of such increase on the Illinois

Waterway. The program will be developed by the Chief of Engineers

in cooperation with the State of Illinois and the Metropolitan

Sanitary District of Greater Chicago. The program will be

implemented by the State of Illinois and the Metropolitan Sanitary

District of Greater Chicago under the supervision of the Chief of

Engineers.

(b) Establishment of monthly controllable diversion rates; average

annual level of Lake Michigan and total diversion for succeeding

accounting year

During the demonstration program a controllable diversion rate

will be established for each month calculated to establish an

annual average diversion from three thousand two hundred cubic feet

per second to not more than ten thousand cubic feet per second.

When the level of Lake Michigan is below its average level, the

total diversion for the succeeding accounting year shall not exceed

three thousand two hundred cubic feet per second on an annual

basis. The average level of Lake Michigan will be based upon the

average monthly level for the period from 1900 to 1975.

(c) River stages approaching bankfull conditions on Illinois

Waterway or Mississippi River or further increased diversion

adversely affecting St. Lawrence Seaway water levels: limitation

on diversion

When river stages approach or are predicted to approach bankfull

conditions at the established flood warning stations on the

Illinois Waterway or the Mississippi River, or when further

increased diversion of water from Lake Michigan would adversely

affect water levels necessary for navigational requirements of the

Saint Lawrence Seaway in its entirety throughout the Saint Lawrence

River and Great Lakes-Saint Lawrence Seaway, water shall not be

diverted directly from Lake Michigan at the Wilmette, O'Brien, or

Chicago River control structures other than as necessary for

navigational requirements.

(d) Additional study and demonstration program: determination of

effects on Great Lakes levels and Illinois Waterway water quality

and susceptibility to additional flooding and investigation of

other adverse or beneficial impacts; report and recommendations

to Congress

The Chief of Engineers shall conduct a study and a demonstration

program to determine the effects of the increased diversion on the

levels of the Great Lakes, on the water quality of the Illinois

Waterway, and on the susceptibility of the Illinois Waterway to

additional flooding. The study and demonstration program will also

investigate any adverse or beneficial impacts which result from

this section. The Chief of Engineers, at the end of five years

after October 22, 1976, will submit to the Congress the results of

this study and demonstration program including recommendations

whether to continue this authority or to change the criteria stated

in subsection (b) of this section.

(e) "Controllable diversion" defined

For purposes of this section, controllable diversion is defined

as that diversion at Wilmette, O'Brien, and Chicago River control

structures which is not attributable to leakage or which is not

necessary for navigational requirements.

-SOURCE-

(Pub. L. 94-587, Sec. 166, Oct. 22, 1976, 90 Stat. 2934.)

-End-

-CITE-

33 USC Sec. 426l 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426g742l. Protection of Lake Ontario

-STATUTE-

(a) Plan for shoreline protection and beach erosion control; report

to Congress

The Secretary of the Army, acting through the Chief of Engineers,

is directed to develop a plan for shoreline protection and beach

erosion control along Lake Ontario, and report on such plan to the

Congress as soon as practicable. Such report shall include

recommendations on measures of protection and proposals for

equitable cost sharing, together with recommendations for

regulating the level of Lake Ontario to assure maximum protection

of the natural environment and to hold shoreline damage to a

minimum.

(b) Minimization of damage and erosion to Lake Ontario shoreline

Until the Congress receives and acts upon the report required

under subsection (a) of this section, all Federal agencies having

responsibilities affecting the level of Lake Ontario shall,

consistent with existing authority, make every effort to discharge

such responsibilities in a manner so as to minimize damage and

erosion to the shoreline of Lake Ontario.

(c) Authorization of appropriations

There is authorized to be appropriated to carry out this section

$2,000,000.

(d) Short title

This section may be cited as the "Lake Ontario Protection Act of

1976."

-SOURCE-

(Pub. L. 94-587, Sec. 180, Oct. 22, 1976, 90 Stat. 2939.)

-End-

-CITE-

33 USC Sec. 426m 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426m. Collection and removal of drift and debris from publicly

maintained commercial boat harbors and adjacent land and water

areas

-STATUTE-

(a) Congressional findings

The Congress finds that drift and debris on or in publicly

maintained commercial boat harbors and the land and water areas

immediately adjacent thereto threaten navigational safety, public

health, recreation, and the harborfront environment.

(b) Responsibility of Secretary of the Army for development of

projects; project undertakings exempt from specific Congressional

approval

(1) The Secretary of the Army, acting through the Chief of

Engineers, shall be responsible for developing projects for the

collection and removal of drift and debris from publicly maintained

commercial boat harbors and from land and water areas immediately

adjacent thereto.

(2) The Secretary of the Army, acting through the Chief of

Engineers, is authorized to undertake projects developed under

paragraph (1) of this subsection without specific congressional

approval when the total Federal cost for the project is less than

$400,000.

(c) Federal share of costs; responsibility of non-Federal interests

in future project development to recover cost or repair sources

The Federal share of the cost of any project developed pursuant

to subsection (b) of this section shall be two-thirds of the cost

of the project. The remainder of such costs shall be paid by the

State, municipality, or other political subdivision in which the

project is to be located, except that any costs associated with the

collections and removal of drift and debris from federally owned

lands shall be borne by the Federal Government. Non-Federal

interests in future project development under subsection (b) of

this section shall be required to recover the full cost of drift or

debris removal from any identified owner of piers or other

potential sources of drift or debris, or to repair such sources so

that they no longer create a potential source of drift or debris.

(d) Responsibility for providing lands, easements, and right-of-way

necessary for projects; agreement to maintain projects and hold

United States free from damages; regulation of project area

following project completion; technical advice

Any State, municipality, or other political subdivision where any

project developed pursuant to subsection (b) of this section is

located shall provide all lands, easements, and right-of-way

necessary for the project, including suitable access and disposal

areas, and shall agree to maintain such projects and hold and save

the United States free from any damages which may result from the

non-Federal sponsor's performance of, or failure to perform, any of

its required responsibilities of cooperation for the project.

Non-Fededal (!1) interest shall agree to regulate any project area

following project completion so that such area will not become a

future source of drift and debris. The Chief of Engineers shall

provide technical advice to non-Federal interests on the

implementation of this subsection.

(e) Definitions

For the purposes of this section -

(1) the term "drift" includes any buoyant material that, when

floating in the navigable waters of the United States, may cause

damage to a commercial or recreational vessel; and

(2) the term "debris" includes any abandoned or dilapidated

structure or any sunken vessel or other object that can

reasonably be expected to collapse or otherwise enter the

navigable waters of the United States as drift within a

reasonable period.

(f) Authorization of appropriations

There is authorized to be appropriated to carry out this section

such sums as may be necessary for fiscal years beginning after

September 30, 1986.

-SOURCE-

(Pub. L. 94-587, Sec. 202, Oct. 22, 1976, 90 Stat. 2945; Pub. L.

99-662, title XI, Sec. 1129(a), Nov. 17, 1986, 100 Stat. 4246.)

-MISC1-

AMENDMENTS

1986 - Subsec. (f). Pub. L. 99-662 amended subsec. (f) generally,

substituting "such sums as may be necessary for fiscal years

beginning after Sept. 30, 1986" for "not to exceed $4,000,000 per

fiscal year for fiscal years 1978 and 1979".

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

33 USC Sec. 426n 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426n. Technical assistance to States and local governments;

cost sharing

-STATUTE-

(a) Upon request of the Governor of a State, or the appropriate

official of local government, the Secretary is authorized to

provide designs, plans, and specifications, and such other

technical assistance as he deems advisable to such State or local

government for its use in carrying out -

(1) projects for removing accumulated snags and other debris,

and clearing and straightening channels in navigable streams and

tributaries thereof; and

(2) projects for renovating navigable streams and tributaries

thereof by means of predominantly nonstructural methods judged by

the Secretary to be cost effective, for the purpose of improved

drainage, water quality, and habitat diversity.

(b) The non-Federal share of the cost of any designs, plans,

specifications or technical assistance provided under subsection

(a) of this section shall be 50 percent.

-SOURCE-

(Pub. L. 99-662, title IX, Sec. 942, Nov. 17, 1986, 100 Stat.

4199.)

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2201 of

this title.

-End-

-CITE-

33 USC Sec. 426o 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426g742o. Great Lakes material disposal

-STATUTE-

In planning and implementing any navigation project (including

maintenance thereof) on the Great Lakes and adjacent waters, the

Secretary shall consult and cooperate with concerned States in

selecting disposal areas for dredged material which is suitable for

beach nourishment.

-SOURCE-

(Pub. L. 99-662, title XI, Sec. 1154, Nov. 17, 1986, 100 Stat.

4256.)

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2201 of

this title.

-End-

-CITE-

33 USC Sec. 426o-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426g742o-1. Great Lakes dredging levels adjustment

-STATUTE-

(a) Definition of Great Lake

In this section, the term "Great Lake" means Lake Superior, Lake

Michigan, Lake Huron (including Lake St. Clair), Lake Erie, and

Lake Ontario (including the St. Lawrence River to the 45th parallel

of latitude).

(b) Dredging levels

In operating and maintaining Federal channels and harbors of, and

the connecting channels between, the Great Lakes, the Secretary

shall conduct such dredging as is necessary to ensure minimal

operation depths consistent with the original authorized depths of

the channels and harbors when water levels in the Great Lakes are,

or are forecast to be, below the International Great Lakes Datum of

1985.

-SOURCE-

(Pub. L. 106-541, title III, Sec. 343, Dec. 11, 2000, 114 Stat.

2613.)

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-541, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 426p 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Sec. 426p. Corps of Engineers

-STATUTE-

(a) Technical and other assistance

The Secretary of the Army may -

(1) provide emergency assistance to prevent or reduce damage

attributable to high water levels in the Great Lakes, including

provision of sandbags, sheeting, and stones and other armoring

devices (taking account of flooding and erosion of other property

which may be caused by such activity) but not including

construction of permanent structures;

(2) provide technical assistance to individuals and local

governments with respect to measures to prevent or reduce such

damage; and

(3) compile and disseminate information on -

(A) water levels of the Great Lakes,

(B) techniques for prevention or reduction of such damage,

and

(C) emergency relief available to persons who suffer economic

injury attributable to high water levels in the Great Lakes.

(b) Issuance of permits

(1) Consideration of flooding and erosion

In issuing a permit under -

(A) section 403 of this title; or

(B) section 1344 of this title;

for any activity carried out with assistance under this title,

the Secretary of the Army shall take account of flooding and

erosion of other property which may be caused by such activity.

(2) Bank stabilization

(A) General rule

In issuing permits under sections 403 and 1344 of this title

for a project involving dredging of any portion of the Great

Lakes, the Secretary of the Army shall, if feasible, encourage

for bank stabilization purposes the disposal of nonhazardous

compatible sand from such project on shorelines affected by

erosion.

(B) Consultation

In carrying out subparagraph (A), the Secretary of the Army

shall consult affected State and local governments.

-SOURCE-

(Pub. L. 100-707, title II, Sec. 203, Nov. 23, 1988, 102 Stat.

4712.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in subsec. (b)(1), is title II of Pub. L.

100-707, Nov. 23, 1988, 102 Stat. 4711, known as the "Great Lakes

Planning Assistance Act of 1988". For complete classification of

this Act to the Code, see Short Title note below and Tables.

-MISC1-

SHORT TITLE

Section 201 of title II of Pub. L. 100-707 provided that: "This

title [enacting this section, amending sections 3501 to 3503 of

Title 16, Conservation, and enacting provisions set out as notes

under this section and sections 3501 and 3505 of Title 16] may be

cited as the 'Great Lakes Planning Assistance Act of 1988'."

GREAT LAKES DAMAGE ASSISTANCE AND PREVENTION; DAMAGE ASSISTANCE

PROGRAM

Section 202 of Pub. L. 100-707 provided that:

"(a) In General. - The Director is authorized to provide

assistance to Great Lakes States in the establishment of State

programs to reduce and prevent damage attributable to high water

levels in the Great Lakes.

"(b) Grants. - Upon application by a Great Lakes State within 1

year after the date of enactment of this Act [Nov. 23, 1988], the

Director may make a one-time grant to the State of not more than

$250,000 for use by the State for -

"(1) preparation of plans for mitigation, warning, emergency

operations, and emergency assistance;

"(2) coordination of available State and Federal assistance;

"(3) development and implementation of nonstructural measures

to reduce or prevent damage attributable to high water levels in

the Great Lakes, including establishment of setback requirements

and other conditions on construction and reconstruction of public

and private facilities, mapping of flooding zones, and technical

assistance; and

"(4) assisting local governments in developing and implementing

plans for nonstructural reduction and prevention of damages

attributable to high water levels in the Great Lakes.

"(c) Technical Assistance. - The Director may provide technical

assistance to Great Lakes States for carrying out any activity

carried out with assistance under this section.

"(d) State Matching. - A State which receives a grant under this

section shall match the grant with an amount of funds from

non-Federal sources equal to 25 percent of the amount of the grant.

"(e) Authorization. - There are authorized to be appropriated for

making grants under this section not more than $2,000,000 for

fiscal years beginning after September 30, 1988."

GREAT LAKES DAMAGE ASSISTANCE AND PREVENTION; DEFINITIONS

Section 205 of Pub. L. 100-707 provided that: "For purposes of

this title [see Short Title note above] -

"(1) Director. - The term 'Director' means the Director of the

Federal Emergency Management Agency.

"(2) High water levels. - The term 'high water levels' means

water levels above the long-term average of water levels from

1900.

"(3) Local government. - The term 'local government' means a

county, city, village, town, district, or other political

subdivision of a Great Lakes State and an Indian tribe or

authorized tribal organization.

"(4) Great lakes state. - The term 'Great Lakes State' means

Minnesota, Wisconsin, Illinois, Ohio, Michigan, Indiana,

Pennsylvania, and New York."

-End-

-CITE-

33 USC Secs. 427 to 430 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER I - IN GENERAL

-HEAD-

Secs. 427 to 430. Repealed. July 31, 1945, ch. 334, Sec. 5, 59

Stat. 508

-MISC1-

Section 427, act June 26, 1936, ch. 849, Sec. 1, 49 Stat. 1982,

related to improvement and protection of beaches and defined

"beach".

Section 428, act June 26, 1936, ch. 849, Sec. 2, 49 Stat. 1982,

related to investigations by Beach Erosion Board and duties of

Board. See section 426-1 of this title.

Section 429, act June 26, 1936, ch. 849, Sec. 3, 49 Stat. 1983,

related to investigative reports by Beach Erosion Board. See

section 426-1 of this title.

Section 430, act June 26, 1936, ch. 849, Sec. 4, 49 Stat. 1983,

related to payment of expenses incident to investigations by Board.

See section 426-1 of this title.

-End-

-CITE-

33 USC SUBCHAPTER II - OIL POLLUTION OF COASTAL WATERS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER II - OIL POLLUTION OF COASTAL WATERS

-HEAD-

SUBCHAPTER II - OIL POLLUTION OF COASTAL WATERS

-End-

-CITE-

33 USC Secs. 431 to 437 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER II - OIL POLLUTION OF COASTAL WATERS

-HEAD-

Secs. 431 to 437. Repealed. Pub. L. 91-224, title I, Sec. 108, Apr.

3, 1970, 84 Stat. 113

-MISC1-

Section 431, acts June 7, 1924, ch. 316, Sec. 1, 43 Stat. 604;

Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 211(a), 80 Stat. 1252,

related to the short title for this subchapter.

Section 432, acts June 7, 1924, ch. 316, Sec. 2, 43 Stat. 604;

Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 211(a), 80 Stat. 1252,

defined "oil," "person", "coastal navigable waters of the United

States", and "Secretary".

Section 433, acts June 7, 1924, ch. 316, Sec. 3, 43 Stat. 605;

Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 211(a), 80 Stat. 1253,

related to prohibition against discharge of oil generally.

Section 434, acts June 7, 1924, ch. 316, Sec. 4, 43 Stat. 605;

Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 211(a), 80 Stat. 1253,

related to penalties for violation of oil discharge prohibition and

liability of vessel.

Section 435, act June 7, 1924, ch. 316, Sec. 5, 43 Stat. 605;

1946 Reorg. Plan No. 3, Secs. 101-104, eff. July 16, 1946, 11 F.R.

7875, 60 Stat. 1097; act Nov. 3, 1966, Pub. L. 89-753, title II,

Sec. 211(a), 80 Stat. 1254, related to revocation or suspension of

licenses of officers of offending vessels.

Section 436, acts June 7, 1924, ch. 316, Sec. 7, 43 Stat. 605;

Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 211(a), 80 Stat. 1254,

related to authorization of use of certain personnel in enforcement

of this subchapter and arrest of offenders.

Section 437, acts June 7, 1924, ch. 316, Sec. 8, 43 Stat. 606;

Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 211(a), 80 Stat. 1254,

related to affect of this subchapter on preexisting laws for

preservation and protection of navigable waters.

See section 1251 et seq. of this title.

-End-

-CITE-

33 USC SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF

HAMPTON ROADS, AND HARBOR OF BALTIMORE 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 418, 1371 of this

title.

-End-

-CITE-

33 USC Sec. 441 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 441. Deposit of refuse prohibited; penalty

-STATUTE-

The placing, discharging, or depositing, by any process or in any

manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings,

sludge, acid, or any other matter of any kind, other than that

flowing from streets, sewers, and passing therefrom in a liquid

state, in the waters of any harbor subject to this subchapter,

within the limits which shall be prescribed by the supervisor of

the harbor, is strictly forbidden, and every such act is made a

misdemeanor, and every person engaged in or who shall aid, abet,

authorize, or instigate a violation of this section, shall, upon

conviction, be punishable by fine or imprisonment, or both, such

fine to be not less than $250 nor more than $2,500, and the

imprisonment to be not less than thirty days nor more than one

year, either or both united, as the judge before whom conviction is

obtained shall decide, one-half of said fine to be paid to the

person or persons giving information which shall lead to conviction

of this misdemeanor.

-SOURCE-

(June 29, 1888, ch. 496, Sec. 1, 25 Stat. 209; Pub. L. 85-802, Sec.

1(1), Aug. 28, 1958, 72 Stat. 970.)

-MISC1-

PRIOR PROVISIONS

Section 1 of act June 29, 1888, superseded act Aug. 5, 1886, ch.

929, Sec. 3, 24 Stat. 329, which provided that: "It shall not be

lawful to cast, throw, empty, or unlade, or cause, suffer, or

procure to be cast, thrown, emptied, or unladen, either from or out

of any ship, vessel, lighter, barge, boat, or other craft, or from

the shore, pier, wharf, or mills of any kind whatever, any ballast,

stone, slate, gravel, earth, slack, rubbish, wreck, filth, slabs,

edgings, sawdust, slag or cinders or other refuse or mill-waste of

any kind, into New York Harbor: Provided, That nothing herein

contained shall extend, or be construed to extend, to the casting

out, unlading, or throwing out of any ship or vessel, lighter,

barge, boat, or other craft, any stones, rocks, bricks, lime, or

other materials used, or to be used, in or toward the building,

repairing, or keeping in repair any quay, pier, wharf, weir,

bridge, building, or other work lawfully erected or to be erected

on the banks or sides of said harbor, or to the casting out,

unloading or depositing of any material excavated for the

improvement of navigable waters, into such places and in such

manner as may be deemed by the United States officer supervising

the improvement of said harbor most judicious and practicable and

for the best interests of such improvement."

AMENDMENTS

1958 - Pub. L. 85-802 substituted "waters of any harbor subject

to this subchapter," for "tidal waters of the harbor of New York,

or its adjacent or tributary waters, or in those of long Island

Sound,".

EFFECTIVE DATE OF 1958 AMENDMENT

Section 2 of Pub. L. 85-802 provided that: "This Act [amending

this section and sections 442, 446, 447, 449, 451, and 451a of this

title and enacting section 451b of this title] shall take effect on

the sixtieth day after the date of its enactment [Aug. 28, 1958]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 442, 443, 444 of this

title.

-End-

-CITE-

33 USC Sec. 442 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 442. Liability of officers of towing vessel

-STATUTE-

Any and every master and engineer, or person or persons acting in

such capacity, respectively, on board of any boat or vessel, who

shall knowingly engage in towing any scow, boat, or vessel loaded

with any such prohibited matter to any point or place of deposit,

or discharge in the waters of any harbor subject to this

subchapter, or to any point or place elsewhere than within the

limits defined and permitted by the supervisor of the harbor, shall

be deemed guilty of a violation of section 441 of this title, and

shall, upon conviction, be punishable as provided for offenses in

violation of section 441 of this title, and shall also have his

license revoked or suspended for a term to be fixed by the judge

before whom tried and convicted.

-SOURCE-

(June 29, 1888, ch. 496, Sec. 2, 25 Stat. 209; Pub. L. 85-802, Sec.

1(2), Aug. 28, 1958, 72 Stat. 970.)

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-802 substituted "any harbor subject to this

subchapter" for "the harbor of New York, or in its adjacent or

tributary waters, or in those of Long Island Sound", and struck out

"hereinafter mentioned" after "supervisor of the harbor".

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-802 effective on sixtieth day after Aug.

28, 1958, see section 2 of Pub. L. 85-802, set out as a note under

section 441 of this title.

-End-

-CITE-

33 USC Sec. 443 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 443. Permit for dumping; penalty for taking or towing boat or

scow without permit

-STATUTE-

In all cases of receiving on board of any scows or boats such

forbidden matter or substance as described in section 441 of this

title, the owner or master, or person acting in such capacity on

board of such scows or boats, before proceeding to take or tow the

same to the place of deposit, shall apply for and obtain from the

supervisor of the harbor appointed, as provided in section 451 of

this title, a permit defining the precise limits within which the

discharge of such scows or boats may be made; and it shall not be

lawful for the owner or master, or person acting in such capacity,

of any tug or towboat to tow or move any scow or boat so loaded

with such forbidden matter until such permit shall have been

obtained; and every person violating the foregoing provisions of

this section shall be deemed guilty of a misdemeanor, and on

conviction thereof shall be punished by a fine of not more than

$1,000 nor less than $500, and in addition thereto the master of

any tug or towboat so offending shall have his license revoked or

suspended for a term to be fixed by the judge before whom tried and

convicted.

-SOURCE-

(June 29, 1888, ch. 496, Sec. 3, 25 Stat. 209; Aug. 18, 1894, ch.

299, Sec. 3, 28 Stat. 360; May 28, 1908, ch. 212, Sec. 8, 35 Stat.

426.)

-COD-

CODIFICATION

Section was enacted as part of section 3 of act June 29, 1888.

Said section 3 of act June 29, 1888, enacted sections 443 to 448 of

this title.

Section 3 of act June 29, 1888, as originally enacted, provided

as follows:

"In all cases of receiving on board of any scows or boats such

forbidden matter or substance as herein described, it shall be the

duty of the owner or master, or person acting in such capacity, on

board of such scows or boats, before proceeding to take or tow the

same to the place of deposit, to apply for and obtain from the

supervisor of the harbor appointed hereunder a permit defining the

precise limits within which the discharge of such scows or boats

may be made; and any deviation from such dumping or discharging

place specified in such permit shall be a misdemeanor within the

meaning of this act; and the master and engineer, or person or

persons acting in such capacity, on board of any towboat towing

such scows or boats, shall be equally guilty of such offense with

the master or person acting in the capacity of master of the scow,

and be liable to equal punishment."

Section 3 was amended by act Aug. 18, 1894, to read as follows:

"In all cases of receiving on board of any scows or boats such

forbidden matter or substance as herein described, the owner or

master, or person acting in such capacity on board of such scows or

boats, before proceeding to take or tow the same to the place of

deposit, shall apply for and obtain from the supervisor of the

harbor appointed hereunder a permit defining the precise limits

within which the discharge of such scows or boats may be made; and

it shall not be lawful for the owner or master, or person acting in

such capacity, of any tug or towboat to tow or move any scow or

boat so loaded with such forbidden matter until such permit shall

have been obtained; and every person violating the foregoing

provisions of this section shall be deemed guilty of a misdemeanor,

and on conviction thereof shall be punished by a fine of not more

than one thousand nor less than five hundred dollars, and in

addition thereto the master of any tug or towboat so offending

shall have his license revoked, or suspended for a term to be fixed

by the judge before whom tried and convicted. And any deviation

from such dumping or discharging place specified in such permit

shall be a misdemeanor, and the owner and master, or person acting

in the capacity of master, of any scows or boats dumping or

discharging such forbidden matter in any place other than that

specified in such permit shall be liable to punishment therefor as

provided in section one of the said Act of June twenty-ninth,

eighteen hundred and eighty-eight [section 441 of this title]; and

the owner and master, or person acting in the capacity of master,

of any tug or towboat towing such scows or boats shall be liable to

equal punishment with the owner and master, or person acting in the

capacity of master, of the scows or boats; and further, every

scowman or other employee on board of both scows and towboats shall

be deemed to have knowledge of the place of dumping specified in

such permit, and the owners and masters, or persons acting in the

capacity of masters, shall be liable to punishment, as aforesaid,

for any unlawful dumping, within the meaning of this Act or of the

said Act of June twenty-ninth, eighteen hundred and eighty-eight,

which may be caused by the negligence or ignorance of such scowman

or other employee; and, further, neither defect in machinery nor

avoidable accidents to scows or towboats, nor unfavorable weather,

nor improper handling or moving of scows or boats of any kind

whatsoever, shall operate to release the owners and masters and

employees of scows and towboats from the penalties hereinbefore

mentioned. Every scow or boat engaged in the transportation of

dredgings, earth, sand, mud, cellar dirt, garbage, or other

offensive material of any description shall have its name or number

and owner's name painted in letters and numbers at least fourteen

inches long on both sides of the scow or boat; these names and

numbers shall be kept distinctly legible at all times, and no scow

or boat not so marked shall be used to transport or dump any such

material. The supervisor of the harbor of New York, designated as

provided in section five of the said Act of June twenty-ninth,

eighteen hundred and eighty-eight [section 451 of this title], is

authorized and directed to appoint inspectors and deputy

inspectors, and, for the purpose of enforcing the provisions of

this Act and of the Act aforesaid, and of detecting and bringing to

punishment offenders against the same, the said supervisor of the

harbor, and the inspectors and deputy inspectors so appointed by

him, shall have power and authority: First. To arrest and take into

custody, with or without process, any person or persons who may

commit any of the acts or offenses prohibited by this section and

by the Act of June twenty-ninth, eighteen hundred and eighty-eight,

aforesaid, or who may violate any of the provisions of the same:

Provided, That no person shall be arrested without process for any

offense not committed in the presence of the supervisor or his

inspectors or deputy inspectors, or either of them: And provided

further, That whenever any such arrest is made the person or

persons so arrested shall be brought forthwith before a

commissioner, judge, or court of the United States for examination

of the offenses alleged against him; and such commissioner, judge,

or court shall proceed in respect thereto as authorized by law in

case of crimes against the United States. Second. To go on board of

any scow or towboat engaged in unlawful dumping of prohibited

material, or in moving the same without a permit as required in

this section of this Act, and to seize and hold said boats until

they are discharged by action of the commissioner, judge, or court

of the United States before whom the offending persons are brought.

Third. To arrest and take into custody any witness or witnesses to

such unlawful dumping of prohibited material, the said witnesses to

be released under proper bonds. Fourth. To go on board of any

towboat having in tow scows or boats loaded with such prohibited

material, and accompany the same to the place of dumping whenever

such action appears to be necessary to secure compliance with the

requirements of this Act and of the Act aforesaid. Fifth. To enter

gas and oil works and all other manufacturing works for the purpose

of discovering the disposition made of sludge, acid, or other

injurious material, whenever there is good reason to believe that

such sludge, acid, or other injurious material is allowed to run

into the tidal waters of the harbor in violation of section one of

the aforesaid Act of June twenty-ninth, eighteen hundred and

eighty-eight [section 441 of this title]. Every person who,

directly or indirectly, gives any sum of money or other bribe,

present, or reward or makes any offer of the same to any inspector,

deputy inspector, or other employee of the office of the supervisor

of the harbor with intent to influence such inspector, deputy

inspector, or other employee to permit or overlook any violation of

the provisions of this section or of the said Act of June

twenty-ninth, eighteen hundred and eighty-eight, shall, on

conviction thereof, be fined not less than five hundred dollars nor

more than one thousand dollars, and be imprisoned not less than six

months nor more than one year. Every permit issued in accordance

with the provisions of this section of this Act which may not be

taken up by an inspector or deputy inspector shall be returned

within forty-eight hours after issuance to the office of the

supervisor of the harbor; such permit shall bear an indorsement by

the master of the towboat, or the person acting in such capacity,

stating whether the permit has been used, and if so the time and

place of dumping. Any person violating the provisions of this

section shall be liable to a fine of not more than five hundred

dollars nor less than one hundred dollars."

Section 3 was further amended by act May 28, 1908, ch. 212, Sec.

8, to read as set forth in this section and sections 444 to 448 of

this title.

-End-

-CITE-

33 USC Sec. 444 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 444. Dumping at other place than designated dumping grounds;

penalty; person liable; excuses for deviation

-STATUTE-

Any deviation from such dumping or discharging place specified in

such permit shall be a misdemeanor, and the owner and master, or

person acting in the capacity of master, of any scows or boats

dumping or discharging such forbidden matter in any place other

than that specified in such permit shall be liable to punishment

therefor as provided in section 441 of this title; and the owner

and master, or person acting in the capacity of master, of any tug

or towboat towing such scows or boats shall be liable to equal

punishment with the owner and master, or person acting in the

capacity of master, of the scows or boats; and, further, every

scowman or other employee on board of both scows and towboats shall

be deemed to have knowledge of the place of dumping specified in

such permit, and the owners and masters, or persons acting in the

capacity of masters, shall be liable to punishment, as aforesaid,

for any unlawful dumping, within the meaning of this Act and this

subchapter, which may be caused by the negligence or ignorance of

such scowman or other employee; and, further, neither defect in

machinery nor avoidable accidents to scows or towboats, nor

unfavorable weather, nor improper handling or moving of scows or

boats of any kind whatsoever shall operate to release the owners

and master and employees of scows and towboats from the penalties

mentioned in section 441 of this title.

-SOURCE-

(June 29, 1888, ch. 496, Sec. 3, 25 Stat. 209; Aug. 18, 1894, ch.

299, Sec. 3, 28 Stat. 360; May 28, 1908, ch. 212, Sec. 8, 35 Stat.

426.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Aug. 18, 1894, ch. 299, 28

Stat. 356, as amended, which enacted sections 1, 31, and 452 of

this title and amended sections 443 to 448 and 499 of this title.

For complete classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section was enacted as part of section 3 of act June 29, 1888.

Said section 3 of act June 29, 1888, enacted sections 443 to 448 of

this title. See Codification note set out under section 443 of this

title.

-End-

-CITE-

33 USC Sec. 445 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 445. Equipment and marking of boats or scows

-STATUTE-

Every scow or boat engaged in the transportation of dredgings,

earth, sand, mud, cellar dirt, garbage, or other offensive material

of any description shall have its name or number and owner's name

painted in letters and numbers at least fourteen inches long on

both sides of the scow or boat; these names and numbers shall be

kept distinctly legible at all times, and no scow or boat not so

marked shall be used to transport or dump any such material. Each

such scow or boat shall be equipped at all times with a life line

or rope extending at least the length of and three feet above the

deck thereof, such rope to be attached to the coaming thereof, also

with a life preserver and a life buoy for each person on board

thereof, also with anchor to weigh not less than two hundred and

seventy-five pounds, and at least one hundred feet of cable

attached thereto; a list of the names of all men employed on any

such scow or boat shall be kept by the owner or master thereof and

the said list shall be open to the inspection of all parties.

Failure to comply with any of the foregoing provisions shall render

the owner of such scow or boat liable upon conviction thereof to a

penalty of not more than $500: Provided, That the requirements in

regard to life line or rope contained in this section shall not

apply to any scow or boat the deck outside the coaming or rail of

which shall not exceed one foot in width: And provided further,

That on any such scow or boat its name or number and owner's name

painted in letters and numbers, at least fourteen inches long on

both ends of such scow or boat, shall be a compliance with the

provisions of this section in regard to name, number, and owner's

name.

-SOURCE-

(June 29, 1888, ch. 496, Sec. 3, 25 Stat. 209; Aug. 18, 1894, ch.

299, Sec. 3, 28 Stat. 360; May 28, 1908, ch. 212, Sec. 8, 35 Stat.

427; Feb. 16, 1909, ch. 132, 35 Stat. 623.)

-COD-

CODIFICATION

Section was enacted as part of section 3 of act June 29, 1888.

Said section 3 of act June 29, 1888, enacted sections 443 to 448 of

this title. See Codification note set out under section 443 of this

title.

Provisos are from act Feb. 16, 1909.

-End-

-CITE-

33 USC Sec. 446 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 446. Inspectors; appointment, powers, and duties

-STATUTE-

Each supervisor of a harbor is authorized and directed to appoint

inspectors and deputy inspectors, and for the purposes of enforcing

this subchapter and the Act of August 18, 1894, entitled "An Act

making appropriations for the construction, repair, and

preservation of certain public works on rivers and harbors, and for

other purposes" (28 Stat. 338), and of detecting and bringing to

punishment offenders against the same, the said supervisor of the

harbor, and the inspectors and deputy inspectors so appointed by

him, shall have power and authority.

First. To arrest and take into custody, with or without process,

any person or persons who may commit any of the acts or offenses

prohibited by this subchapter, or who may violate any of the

provisions of the same: Provided, That no person shall be arrested

without process for any offense not committed in the presence of

the supervisor or his inspectors or deputy inspectors, or either of

them: And provided further, That whenever any such arrest is made

the person or persons so arrested shall be brought forthwith before

a magistrate judge, judge, or court of the United States for

examination of the offenses alleged against him; and such

magistrate judge, judge, or court shall proceed in respect thereto

as authorized by law in case of crimes against the United States.

Second. To go on board of any scow or towboat engaged in unlawful

dumping of prohibited material, or in moving the same without a

permit, as required in sections 443 to 448 of this title, or

otherwise violating sections 443 to 448 of this title, and to seize

and hold said boats until they are discharged by action of the

magistrate judge, judge, or court of the United States before whom

the offending persons are brought.

Third. To arrest and take into custody any witness or witnesses

to such unlawful dumping of prohibited material, the said witnesses

to be released under proper bonds.

Fourth. To go on board of any towboat having in tow scows or

boats loaded with such prohibited material, and accompany the same

to the place of dumping, whenever such action appears to be

necessary to secure compliance with the requirements of this

subchapter and of the Act aforesaid.

Fifth. To enter gas and oil works and all other manufacturing

works for the purpose of discovering the disposition made of

sludge, acid, or other injurious material, whenever there is good

reason to believe that such sludge, acid, or other injurious

material is allowed to run into tidal waters of the harbor in

violation of section 441 of this title.

-SOURCE-

(June 29, 1888, ch. 496, Sec. 3, 25 Stat. 209; Aug. 18, 1894, ch.

299, Sec. 3, 28 Stat. 360; May 28, 1908, ch. 212, Sec. 8, 35 Stat.

427; Pub. L. 85-802, Sec. 1(3), Aug. 28, 1958, 72 Stat. 970; Pub.

L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118;

Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.

5117.)

-REFTEXT-

REFERENCES IN TEXT

Act of August 18, 1894, referred to in provision preceding First

paragraph, and Act aforesaid, referred to in Fourth paragraph, mean

act Aug. 18, 1894, ch. 299, 28 Stat. 356, as amended, which enacted

sections 1, 31, and 452 of this title and amended sections 443 to

448 and 499 of this title. For complete classification of this Act

to the Code, see Tables.

Sections 443 to 448 of this title, referred to in the Second

paragraph, were in the original "this section of this Act" meaning

section 3 of act June 29, 1888, which enacted sections 443 to 448

of this title. The provision of section 3 relating to issuance of

permits is classified to section 443 of this title.

-COD-

CODIFICATION

Section was enacted as part of section 3 of act June 29, 1888.

Said section 3 of act June 29, 1888, enacted sections 443 to 448 of

this title. See Codification note set out under section 443 of this

title.

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-802 substituted "Each supervisor of a harbor is

authorized and directed to appoint inspectors and deputy

inspectors, and, for the purposes of enforcing this subchapter" for

"The supervisor of the harbor of New York, designated as provided

in section 451 of this title, is authorized and directed to appoint

inspectors and deputy inspectors, and for the purpose of enforcing

sections 1, 31, and this subchapter".

-CHANGE-

CHANGE OF NAME

"Magistrate judge" substituted in text for "magistrate" pursuant

to section 321 of Pub. L. 101-650, set out as a note under section

631 of Title 28, Judiciary and Judicial Procedure. Previously,

"magistrate" substituted for "commissioner" pursuant to Pub. L.

90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.

-MISC2-

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-802 effective on sixtieth day after Aug.

28, 1958, see section 2 of Pub. L. 85-802, set out as a note under

section 441 of this title.

-End-

-CITE-

33 USC Sec. 447 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 447. Bribery of inspector; penalty

-STATUTE-

Every person who, directly or indirectly, gives any sum of money

or other bribe, present, or reward, or makes any offer of the same

to any inspector, deputy inspector, or other employee of the office

of any supervisor of a harbor with intent to influence such

inspector, deputy inspector, or other employee to permit or

overlook any violation of the provisions of this subchapter, shall,

on conviction thereof, be fined not less than $500 nor more than

$1,000, and be imprisoned not less than six months nor more than

one year.

-SOURCE-

(June 29, 1888, ch. 496, Sec. 3, 25 Stat. 209; Aug. 18, 1894, ch.

299, Sec. 3, 28 Stat. 360; May 28, 1908, ch. 212, Sec. 8, 35 Stat.

428; Pub. L. 85-802, Sec. 1(4), Aug. 28, 1958, 72 Stat. 970.)

-COD-

CODIFICATION

Section was enacted as part of section 3 of act June 29, 1888.

Said section 3 of act June 29, 1888, enacted sections 443 to 448 of

this title. See Codification note set out under section 443 of this

title.

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-802 substituted "any supervisor of a harbor"

for "the supervisor of the harbor".

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-802 effective on sixtieth day after Aug.

28, 1958, see section 2 of Pub. L. 85-802, set out as a note under

section 441 of this title.

-End-

-CITE-

33 USC Sec. 448 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 448. Return of permit; penalty for failure to return

-STATUTE-

Every permit issued in accordance with the provisions of sections

443 to 448 of this title, which may not be taken up by an inspector

or deputy inspector, shall be returned within four days after

issuance to the office of the supervisor of the harbor; such permit

shall bear an indorsement by the master of the towboat, or the

person acting in such capacity, stating whether the permit has been

used, and, if so, the time and place of dumping. Any person

violating the provisions of this section shall be liable to a fine

of not more than $500 nor less than $100.

-SOURCE-

(June 29, 1888, ch. 496, Sec. 3, 25 Stat. 209; Aug. 18, 1894, ch.

299, Sec. 3, 28 Stat. 360; May 28, 1908, ch. 212, Sec. 8, 35 Stat.

428.)

-REFTEXT-

REFERENCES IN TEXT

Sections 443 to 448 of this title, referred to in text, were in

the original "this section of this Act", meaning section 3 of act

June 29, 1888, which enacted sections 443 to 448 of this title. The

provision of section 3 relating to issuance of permits is

classified to section 443 of this title.

-COD-

CODIFICATION

Section was enacted as part of section 3 of act June 29, 1888.

Said section 3 of act June 29, 1888 enacted sections 443 to 448 of

this title. See Codification note set out under section 443 of this

title.

-End-

-CITE-

33 USC Sec. 449 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 449. Disposition of dredged matter; persons liable; penalty

-STATUTE-

All mud, dirt, sand, dredgings, and material of every kind and

description whatever taken, dredged, or excavated from any slip,

basin, or shoal in any harbor subject to this subchapter, and

placed on any boat, scow, or vessel for the purpose of being taken

or towed upon the waters of that harbor to a place of deposit,

shall be deposited and discharged at such place or within such

limits as shall be defined and specified by the supervisor of the

harbor, as in sections 443 to 448 of this title prescribed, and not

otherwise. Every person, firm, or corporation being the owner of

any slip, basin, or shoal, from which such mud, dirt, sand,

dredgings, and material shall be taken, dredged, or excavated, and

every person, firm, or corporation in any manner engaged in the

work of dredging or excavating any such slip, basin, or shoal, or

of removing such mud, dirt, sand, or dredgings therefrom, shall

severally be responsible for the deposit and discharge of all such

mud, dirt, sand, or dredgings at such place or within such limits

so defined and prescribed by said supervisor of the harbor; and for

every violation of the provisions of this section the person

offending shall be guilty of an offense, and shall be punished by a

fine equal to the sum of $5 for every cubic yard of mud, dirt,

sand, dredgings, or material not deposited or discharged as

required by this section.

-SOURCE-

(June 29, 1888, ch. 496, Sec. 4, 25 Stat. 210; Pub. L. 85-802, Sec.

1(5), Aug. 28, 1958, 72 Stat. 970.)

-REFTEXT-

REFERENCES IN TEXT

Sections 443 to 448 of this title, referred to in text, were in

the original "the third section of this Act", meaning section 3 of

act June 29, 1888, which enacted sections 443 to 448 of this title.

The provision of section 3 relating to specification of the limits

within which to discharge is classified to section 443 of this

title.

-COD-

CODIFICATION

Section was enacted as part of section 4 of act June 29, 1888,

which enacted sections 449 and 450 of this title.

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-802 substituted "any harbor subject to this

subchapter" for "the harbor of New York, or the waters adjacent or

tributary thereto" and "the waters of that harbor" for "the waters

of the harbor of New York".

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-802 effective on sixtieth day after Aug.

28, 1958, see section 2 of Pub. L. 85-802, set out as a note under

section 441 of this title.

-End-

-CITE-

33 USC Sec. 450 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 450. Liability of vessel

-STATUTE-

Any boat or vessel used or employed in violating any provision of

this subchapter, shall be liable to the pecuniary penalties imposed

thereby, and may be proceeded against, summarily by way of libel in

any district court of the United States having jurisdiction

thereof.

-SOURCE-

(June 29, 1888, ch. 496, Sec. 4, 25 Stat. 210.)

-COD-

CODIFICATION

Section was enacted as part of section 4 of act June 29, 1888,

which enacted sections 449 and 450 of this title.

-End-

-CITE-

33 USC Sec. 451 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 451. Supervisor of harbor; appointment and duties

-STATUTE-

An officer of the Corps of Engineers shall, for each harbor

subject to this subchapter, be designated by the Secretary of the

Army as supervisor of the harbor, to act under the direction of the

Chief of Engineers in enforcing the provisions of this subchapter,

and in detecting offenders against the same. Each such officer

shall have personal charge and supervision under the Chief of

Engineers, and shall direct the patrol boats and other means to

detect and bring to punishment offenders against the provisions of

this subchapter.

-SOURCE-

(June 29, 1888, ch. 496, Sec. 5, 25 Stat. 210; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; June 29, 1949, ch. 278,

63 Stat. 300; July 12, 1952, ch. 707, 66 Stat. 596; Pub. L. 85-802,

Sec. 1(6), Aug. 28, 1958, 72 Stat. 970.)

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-802 inserted "for each harbor subject to this

subchapter," and substituted "Each such officer" for "This

officer".

1952 - Act July 12, 1952, transferred enforcement

responsibilities of this section from a Naval officer to the Army

district engineer at New York.

1949 - Act June 29, 1949, struck out "shall receive the sea-pay

of his grade and" after "this officer".

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-802 effective on sixtieth day after Aug.

28, 1958, see section 2 of Pub. L. 85-802, set out as a note under

section 441 of this title.

-End-

-CITE-

33 USC Sec. 451a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 451a. Harbors subject to this subchapter

-STATUTE-

The following harbors shall be subject to this subchapter:

(1) The harbor of New York.

(2) The harbor of Hampton Roads.

(3) The harbor of Baltimore.

-SOURCE-

(June 29, 1888, ch. 496, Sec. 6, 25 Stat. 210; Pub. L. 85-802, Sec.

1(7), Aug. 28, 1958, 72 Stat. 970.)

-MISC1-

AMENDMENTS

1958 - Pub. L. 85-802 substituted provisions making harbors of

New York, Hampton Roads, and Baltimore subject to this subchapter

for appropriation provisions.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-802 effective on sixtieth day after Aug.

28, 1958, see section 2 of Pub. L. 85-802, set out as a note under

section 441 of this title.

-End-

-CITE-

33 USC Sec. 451b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 451b. Waters included within subchapter

-STATUTE-

For the purposes of this subchapter -

(1) The term "harbor of New York" means the tidal waters of the

harbor of New York, its adjacent and tributary waters, and those of

Long Island Sound.

(2) The term "harbor of Hampton Roads" means the tidal waters of

the harbors of Norfolk, Portsmouth, Newport News, Hampton Roads,

and their adjacent and tributary waters, so much of the Chesapeake

Bay and its tributaries as lies within the State of Virginia, and

so much of the Atlantic Ocean and its tributaries as lies within

the jurisdiction of the United States within or to the east of the

State of Virginia.

(3) The term "harbor of Baltimore" means the tidal waters of the

harbor of Baltimore and its adjacent and tributary waters, and so

much of Chesapeake Bay and its tributaries as lies within the State

of Maryland.

-SOURCE-

(June 29, 1888, ch. 496, Sec. 7, as added Pub. L. 85-802, Sec.

1(8), Aug. 28, 1958, 72 Stat. 970.)

-MISC1-

EFFECTIVE DATE

Section effective on sixtieth day after Aug. 28, 1958, see

section 2 of Pub. L. 85-802, set out as an Effective Date of 1958

Amendment note under section 441 of this title.

-End-

-CITE-

33 USC Sec. 452 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 452. Taking shellfish or otherwise interfering with navigation

in New York Harbor channels; penalty; arrest and procedure

-STATUTE-

It shall be unlawful for any person or persons to engage in

fishing or dredging for shellfish in any of the channels leading to

and from the harbor of New York, or to interfere in any way with

the safe navigation of those channels by ocean steamships and ships

of deep draft.

Any person or persons violating the foregoing provisions of this

section shall be deemed guilty of a misdemeanor, and on conviction

thereof shall be punished by fine or imprisonment, or both, such

fine to be not more than $250 nor less than $50, and the

imprisonment to be not more than six months nor less than thirty

days, either or both united, as the judge before whom conviction is

obtained shall decide.

It shall be the duty of the United States supervisor of the

harbor to enforce this section, and the deputy inspectors of the

said supervisor shall have authority to arrest and take into

custody, with or without process, any person or persons, who may

commit any of the acts or offenses prohibited by this section:

Provided, That no person shall be arrested without process for any

offense not committed in the presence of the supervisor or his

inspector or deputy inspectors, or either of them: And provided

further, That whenever any such arrest is made the person or

persons so arrested shall be brought forthwith before a magistrate

judge, judge, or court of the United States for examination of the

offenses alleged against him; and such magistrate judge, judge or

court shall proceed in respect thereto as authorized by law in case

of crimes against the United States.

-SOURCE-

(Aug. 18, 1894, ch. 299, Sec. 2, 28 Stat. 360; Pub. L. 90-578,

title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L.

101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-COD-

CODIFICATION

Section was not enacted as part of act June 29, 1888, ch. 496, 25

Stat. 209, which comprises this subchapter.

-CHANGE-

CHANGE OF NAME

"Magistrate judge" substituted in text for "magistrate" pursuant

to section 321 of Pub. L. 101-650, set out as a note under section

631 of Title 28, Judiciary and Judicial Procedure. Previously,

"magistrate" was substituted for "commissioner" pursuant to Pub. L.

90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.

-End-

-CITE-

33 USC Sec. 453 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 453. Regulations for navigation of Ambrose Channel; exclusion

of tows and sailing vessels

-STATUTE-

The Secretary of the Army is authorized to make such rules and

regulations for the navigation of Ambrose Channel as he may deem

necessary or expedient to insure its safe use in all kinds of

weather, night and day, for all vessels under control and running

under their own power, and to this end he may, in his discretion,

forbid its use to tows of every description and to sailing vessels.

-SOURCE-

(Mar. 4, 1913, ch. 144, Sec. 1, 37 Stat. 803; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section was not enacted as part of act June 29, 1888, ch. 496, 25

Stat. 209, which comprises this subchapter.

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 454 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND

HARBOR OF BALTIMORE

-HEAD-

Sec. 454. Consent of Congress to obstruction of waters by New York

City

-STATUTE-

The consent of Congress is given to the city of New York, in the

State of New York, to obstruct navigation of any river or other

waterway which does not form a connecting link between other

navigable waters of the United States, and lying wholly within the

limits of said city, by closing all or any portion of the same or

by building structures in or over the same when the said city shall

be lawfully authorized to do so by the State of New York: Provided,

however, That any such obstruction shall be unlawful unless the

location and plans for the proposed work or works before the

commencement thereof shall have been filed with and approved by the

Secretary of the Army and Chief of Engineers; and when the plans

for any such obstruction have been approved by the Chief of

Engineers and by the Secretary of the Army it shall not be lawful

to deviate from such plans either before or after the completion of

such obstruction, unless the modification of such plans has

previously been submitted to and received the approval of the Chief

of Engineers and the Secretary of the Army: And provided further,

That the city of New York shall be liable for any damage that may

be inflicted upon private property by reason of any of the

provisions of this section.

The right to alter, amend, or repeal this section is expressly

reserved, and the United States shall incur no liability for the

alteration, amendment, or repeal thereof to the city of New York,

or to the owner or owners, or any other persons interested in any

obstruction which shall have been constructed under its provisions.

-SOURCE-

(June 25, 1910, ch. 436, Secs. 1, 2, 36 Stat. 866, 867; July 26,

1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section was not enacted as part of act June 29, 1888, ch. 496, 25

Stat. 209, which comprises this subchapter.

-CHANGE-

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 act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of the Army and other

offices and officers of Department of the Army under section 401 of

this title to extent that they relate generally to location and

clearances of bridges and causeways in navigable waters of United

States transferred to and vested in Secretary of Transportation by

Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub.

L. 97-449 amended section 401 of this title to reflect transfer

made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section

6(g)(6)(A).

-End-

-CITE-

33 USC SUBCHAPTER IV - POTOMAC RIVER AND TRIBUTARIES IN

DISTRICT OF COLUMBIA 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER IV - POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF

COLUMBIA

-HEAD-

SUBCHAPTER IV - POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF

COLUMBIA

-End-

-CITE-

33 USC Secs. 461 to 464 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER IV - POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF

COLUMBIA

-HEAD-

Secs. 461 to 464. Repealed. Mar. 3, 1901, ch. 854, Sec. 1636, 31

Stat. 1434

-MISC1-

Section 461, act May 19, 1896, ch. 208, Sec. 1, 29 Stat. 126,

prohibited deposit of ballast, dirt, ashes or oyster shells into

Potomac River except for purpose of making a wharf and then only

after approval.

Section 462, act May 19, 1896, ch. 208, Sec. 2, 29 Stat. 127,

prohibited deposit of dead fish, dead animals, fruits, vegetables,

ice, snow, filth or trash of any kind into Potomac River.

Section 463, act May 19, 1896, ch. 208, Sec. 3, 29 Stat. 127,

related to penalties.

Section 464, act May 19, 1896, ch. 208, Sec. 4, 29 Stat. 127,

provided that none of these provisions be construed to interfere

with any work or improvements in harbor or river area.

-End-

-CITE-

33 USC SUBCHAPTER V - NAVIGABLE WATERS OF MARYLAND 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER V - NAVIGABLE WATERS OF MARYLAND

-HEAD-

SUBCHAPTER V - NAVIGABLE WATERS OF MARYLAND

-End-

-CITE-

33 USC Sec. 465 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER V - NAVIGABLE WATERS OF MARYLAND

-HEAD-

Sec. 465. Authority to dredge; riparian rights of United States

-STATUTE-

Subject to the provisions of section 403 of this title authority

is granted to dredge, without cost to the United States, in the

navigable waters of the United States included within the State of

Maryland and outside the limits of projects for improvement of

navigation facilities approved by Congress, regardless of rights

accruing to the United States as riparian owner under the laws of

the State of Maryland: Provided, That in the opinion of the Chief

of Engineers such dredging will improve facilities for navigation.

-SOURCE-

(July 3, 1930, ch. 847, Sec. 12, 46 Stat. 949.)

-End-

-CITE-

33 USC SUBCHAPTER VI - WATER POLLUTION CONTROL 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VI - WATER POLLUTION CONTROL

-HEAD-

SUBCHAPTER VI - WATER POLLUTION CONTROL

-End-

-CITE-

33 USC Secs. 466 to 466g 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VI - WATER POLLUTION CONTROL

-HEAD-

Secs. 466 to 466g. Transferred

-COD-

CODIFICATION

Sections 466 to 466g of this title were transferred to sections

1151 to 1160 of this title and were subsequently omitted in the

general amendment of the Federal Water Pollution Control Act by

Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816. See section

1251 et seq. of this title.

Section 466, acts June 30, 1948, ch. 758, Sec. 1, 62 Stat. 1155;

July 9, 1956, ch. 518, Sec. 1, 70 Stat. 498; July 20, 1961, Pub. L.

87-88, Sec. 1(a), 75 Stat. 204; Oct. 2, 1965, Pub. L. 89-234, Sec.

1(a), 79 Stat. 903; 1966 Reorg. Plan No. 2, eff. May 10, 1966,

Secs. 1(a), (e)(1), 5, 31 F.R. 6857, 80 Stat. 1608, which related

to Congressional declaration of policy, was transferred to section

1151 of this title.

Section 466-1, act June 30, 1948, ch. 758, Sec. 2, as added Oct.

2, 1965, Pub. L. 89-234, Sec. 2(a), 79 Stat. 903; amended 1966

Reorg. Plan. No. 2, eff. May 10, 1966, Sec. 1(a), (b), 31 F.R.

6857, 80 Stat. 1608; Apr. 3, 1970, Pub. L. 91-224, title I, Sec.

110(a), 84 Stat. 113, which provided for a Federal Water Quality

Administration, was transferred to section 1152 of this title.

Section 466a, acts June 30, 1948, ch. 758, Sec. 3, formerly Sec.

2, 62 Stat. 1155; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 498; July

20, 1961, Pub. L. 87-88, Secs. 1(b), 2, 75 Stat. 204; renumbered

Sec. 3, Oct. 2, 1965, Pub. L. 89-234, Sec. 2(a), 79 Stat. 903; Nov.

3, 1966, Pub. L. 89-753, title I, Sec. 101, 80 Stat. 1246, which

provided for comprehensive water pollution programs, was

transferred to section 1153 of this title.

Section 466b, acts June 30, 1948, ch. 758, Sec. 4, formerly Sec.

3, 62 Stat. 1157; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 498; July

20, 1961, Pub. L. 87-88, Sec. 1(b), 75 Stat. 204; renumbered Sec.

4, Oct. 2, 1965, Pub. L. 89-234, Sec. 2(a), 79 Stat. 903, which

provided for interstate cooperation, was transferred to section

1154 of this title.

Section 466c, acts June 30, 1948, ch. 758, Sec. 5, formerly Sec.

4, 62 Stat. 1158; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 499; July

20, 1961, Pub. L. 87-88, Secs. 1(b), (c), 3, 75 Stat. 204, 205;

renumbered Sec. 5, Oct. 2, 1965, Pub. L. 89-234, Sec. 2(a), 79

Stat. 903; 1966 Reorg. Plan No. 2, eff. May 10, 1966, Sec. 1(a), 31

F.R. 6857, 80 Stat. 1608; Nov. 3, 1966, Pub. L. 89-753, title II,

Sec. 201(b), (c)(1), 80 Stat. 1247, 1248; Apr. 3, 1970, Pub. L.

91-224, title I, Sec. 105, 84 Stat. 111, which provided for

research, experiments, and studies, was transferred to section 1155

of this title.

Section 466c-1, act June 30, 1948, ch. 758, Sec. 6, as added Oct.

2, 1965, Pub. L. 89-234, Sec. 3, 79 Stat. 905; amended Nov. 3,

1966, Pub. L. 89-753, title II, Sec. 201(a), 80 Stat. 1246; Apr. 3,

1970, Pub. L. 91-224, title I, Sec. 106, 84 Stat. 113, which

provided grants for research and development, was transferred to

section 1156 of this title.

Section 466d, acts June 30, 1948, ch. 758, Sec. 7, formerly Sec.

5, 62 Stat. 1158; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 499; June

25, 1959, Pub. L. 86-70, Sec. 28(a), 73 Stat. 148; July 12, 1960,

Pub. L. 86-624, Sec. 23(a), 74 Stat. 417; July 20, 1961, Pub. L.

87-88, Secs. 1(b), 4(a), (b), 75 Stat. 204, 205; renumbered Sec. 7

and amended Oct. 2, 1965, Pub. L. 89-234, Secs. 2(a), 7(a), 79

Stat. 903, 910; Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 202,

80 Stat. 1248, which provided grants for water pollution control

programs, was transferred to section 1157 of this title.

Section 466e, acts June 30, 1948, ch. 758, Sec. 8, formerly Sec.

6, 62 Stat. 1158; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 502; July

20, 1961, Pub. L. 87-88, Secs. 1(b), 5, 75 Stat. 204, 206;

renumbered Sec. 8 and amended Oct. 2, 1965, Pub. L. 89-234, Secs.

2(a), 4, 7(b), 79 Stat. 903, 906, 910; Nov. 3, 1966, Pub. L.

89-753, title II, Secs. 203(a), 204, 205, 80 Stat. 1248-1250; Apr.

3, 1970, Pub. L. 91-224, title I, Sec. 111, 84 Stat. 113, which

provided grants for construction of sewerage treatment works, was

transferred to section 1158 of this title.

Section 466f, acts June 30, 1948, ch. 758, Sec. 9, formerly Sec.

7, 62 Stat. 1159; July 17, 1952, ch. 927, 66 Stat. 755; July 9,

1956, ch. 518, Sec. 1, 70 Stat. 503; July 20, 1961, Pub. L. 87-88,

Secs. 1(b)-(d), 6(a), (b), 75 Stat. 204, 207; renumbered Sec. 9,

Oct. 2, 1965, Pub. L. 89-234, Sec. 2(a), 79 Stat. 903; 1966 Reorg.

Plan No. 2, eff. May 10, 1966, Sec. 1(a), (c)(1), (2), 31 F.R.

6857, 80 Stat. 1608, which provided for a Water Pollution Control

Advisory Board, was transferred to section 1159 of this title.

Section 466g, acts June 30, 1948, ch. 758, Sec. 10, formerly Sec.

8, 62 Stat. 1159; July 17, 1952, ch. 927, 66 Stat. 755; July 9,

1956, ch. 518, Sec. 1, 70 Stat. 504; July 20, 1961, Pub. L. 87-88,

Secs. 1(b), 7, 75 Stat. 204, 207; renumbered Sec. 10 and amended

Oct. 2, 1965, Pub. L. 89-234, Secs. 2(a), 5, 7(c), (d), 79 Stat.

903, 907, 910; 1966 Reorg. Plan No. 2, eff. May 10, 1966, Sec.

1(a), (d)(1), (2), 31 F.R. 6857, 80 Stat. 1608; Nov. 3, 1966, Pub.

L. 89-753, title II, Secs. 206-208, 80 Stat. 1250; Apr. 3, 1970,

Pub. L. 91-224, title I, Sec. 112, 84 Stat. 114, which provided for

enforcement measures against pollution of interstate or navigable

waters, was transferred to section 1160 of this title.

-End-

-CITE-

33 USC Sec. 466g-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VI - WATER POLLUTION CONTROL

-HEAD-

Sec. 466g-1. Controversies involving construction or application of

interstate compacts and pollution of waters

-STATUTE-

(a) Jurisdiction of actions by States

The United States district courts shall have original

jurisdiction (concurrent with that of the Supreme Court of the

United States, and concurrent with that of any other court of the

United States or of any State of the United States in matters in

which the Supreme Court, or any other court, has original

jurisdiction) of any case or controversy -

(1) which involves the construction or application of an

interstate compact which (A) in whole or in part relates to the

pollution of the waters of an interstate river system or any

portion thereof, and (B) expresses the consent of the States

signatory to said compact to be sued in a district court in any

case or controversy involving the application or construction

thereof; and

(2) which involves pollution of the waters of such river

system, or any portion thereof, alleged to be in violation of the

provisions of said compact; and

(3) in which one or more of the States signatory to said

compact is a plaintiff or plaintiffs; and

(4) which is within the judicial power of the United States as

set forth in the Constitution of the United States.

(b) Amount in controversy; residence, situs or citizenship; nature,

character, or legal status of parties

The district courts shall have original jurisdiction of a case or

controversy such as is referred to in subsection (a) of this

section, without any requirement, limitation, or regard as to the

sum or value of the matter in controversy, or of the place of

residence or situs or citizenship, or of the nature, character, or

legal status, of any of the proper parties plaintiff or defendant

in said case or controversy other than the signatory State or

States plaintiff or plaintiffs referred to in paragraph (3) of

subsection (a) of this section: Provided, That nothing in this

section shall be construed as authorizing a State to sue its own

citizens in said courts.

(c) Suits between States signatory to interstate compact

The original jurisdiction conferred upon the district courts by

this section shall include, but not be limited to, suits between

States signatory to such interstate compact: Provided, That nothing

in this section shall be construed as authorizing a State to sue

another State which is not a signatory to such compact in said

courts.

(d) Venue

The venue of such case or controversy shall be as prescribed by

law: Provided, That in addition thereto, such case or controversy

may be brought in in any judicial district in which the acts of

pollution complained of, or any portion thereof, occur, regardless

of the place or places of residence, or situs, of any of the

parties plaintiff or defendant.

-SOURCE-

(Pub. L. 87-830, Sec. 1, Oct. 15, 1962, 76 Stat. 957.)

-MISC1-

SEPARABILITY

Section 2 of Pub. L. 87-830 provided that: "If any part or

application of this Act [this section] should be declared invalid

by a court of competent jurisdiction, said invalidity shall not

affect the other parts, or the other applications, of said Act."

-End-

-CITE-

33 USC Secs. 466h to 466l 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VI - WATER POLLUTION CONTROL

-HEAD-

Secs. 466h to 466g742l. Transferred

-COD-

CODIFICATION

Sections 466h to 466l of this title were transferred to sections

1171 to 1175 of this title and were subsequently omitted in the

general amendment of the Federal Water Pollution Control Act by

Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816. See section

1251 et seq. of this title.

Section 466h, acts June 30, 1948, ch. 758, Sec. 21, formerly Sec.

9, 62 Stat. 1160; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 506; July

20, 1961, Pub. L. 87-88, Sec. 8, 75 Stat. 210; renumbered Sec. 11

and amended Oct. 2, 1965, Pub. L. 89-234, Secs. 2(a), 7(e), 79

Stat. 903, 910; 1966 Reorg. Plan No. 2, eff. May 10, 1966, Sec.

1(a), 31 F.R. 6857, 80 Stat. 1608; renumbered Sec. 21 and amended

Apr. 3, 1970, Pub. L. 91-224, title I, Secs. 102, 103, 84 Stat. 91,

107, which provided for cooperation by all Federal agencies in

pollution control, was transferred to section 1171 of this title.

Section 466i, acts June 30, 1948, ch. 758, Sec. 22, formerly Sec.

10, 62 Stat. 1160; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 506;

July 20, 1961, Pub. L. 87-88, Sec. 1(b), (d), (e), 75 Stat. 204;

renumbered Sec. 12 and amended Oct. 2, 1965, Pub. L. 89-234, Secs.

2(a), 6, 79 Stat. 903, 909; 1966 Reorg. Plan No. 2, eff. May 10,

1966, Sec. 1(a), 31 F.R. 6857, 80 Stat. 1608; renumbered Sec. 22

and amended Apr. 3, 1970, Pub. L. 91-224, title I, Secs. 102, 104,

84 Stat. 91, 110, which provided for rules and regulations, was

transferred to section 1172 of this title.

Section 466j, acts June 30, 1948, ch. 758, Sec. 23, formerly Sec.

11, 62 Stat. 1161; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 506;

June 25, 1959, Pub. L. 86-70, Sec. 28(b), 73 Stat. 148; July 12,

1960, Pub. L. 86-624, Sec. 23(b), 74 Stat. 418; July 20, 1961, Pub.

L. 87-88, Sec. 9, 75 Stat. 210; renumbered Sec. 13, Oct. 2, 1965,

Pub. L. 89-234, Sec. 2(a), 79 Stat. 903; Nov. 3, 1966, Pub. L.

89-753, title II, Sec. 209, 80 Stat. 1251; renumbered Sec. 23, Apr.

3, 1970, Pub. L. 91-224, title I, Sec. 102, 84 Stat. 91, which

related to definitions, was transferred to section 1173 of this

title.

Section 466k, act June 30, 1948, ch. 758, Sec. 24, formerly Sec.

12, as added July 9, 1956, ch. 518, Sec. 1, 70 Stat. 506;

renumbered Sec. 14, Oct. 2, 1965, Pub. L. 89-234, Sec. 2(a), 79

Stat. 903; renumbered Sec. 24 and amended Apr. 3, 1970, Pub. L.

91-224, title I, Secs. 102, 107, 84 Stat. 91, 113, which related to

application of other laws, was transferred to section 1174 of this

title.

Section 466l, act June 30, 1948, ch. 758, Sec. 26, formerly Sec.

16, as added Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 210, 80

Stat. 1252; renumbered Sec. 26, Apr. 3, 1970, Pub. L. 91-224, title

I, Sec. 102, 84 Stat. 91, which provided for studies and analysis

of costs estimates and reports to Congress, was transferred to

section 1175 of this title.

-End-

-CITE-

33 USC Secs. 466m, 466n 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VI - WATER POLLUTION CONTROL

-HEAD-

Secs. 466m, 466n. Repealed. Pub. L. 91-224, title I, Sec. 102, Apr.

3, 1970, 84 Stat. 91

-MISC1-

Section 466m, act June 30, 1948, ch. 758, Sec. 17, as added Nov.

3, 1966, Pub. L. 89-753, title II, Sec. 210, 80 Stat. 1252,

authorized a study by Secretary of the Interior, and a report to

Congress not later than July 1, 1967, of the extent of pollution of

the navigable waters of the United States from litter and sewage

deposited into such waters from watercraft.

Section 466n, act June 30, 1948, ch. 758, Sec. 18, as added Nov.

3, 1966, Pub. L. 89-753, title II, Sec. 210, 80 Stat. 1252,

authorized a study by Secretary of the Interior, and a report to

Congress not later than Jan. 30, 1968, relating to incentives,

including, but not limited to, tax and other financial incentives,

to assist in the construction of industrial anti-pollution

facilities.

-End-

-CITE-

33 USC SUBCHAPTER VII - DAM INSPECTION PROGRAM 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-End-

-CITE-

33 USC Sec. 467 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

Sec. 467. Definitions

-STATUTE-

In this subchapter, the following definitions apply:

(1) Board

The term "Board" means a National Dam Safety Review Board

established under section 467f(f) of this title.

(2) Dam

The term "dam" -

(A) means any artificial barrier that has the ability to

impound water, wastewater, or any liquid-borne material, for

the purpose of storage or control of water, that -

(i) is 25 feet or more in height from -

(I) the natural bed of the stream channel or watercourse

measured at the downstream toe of the barrier; or

(II) if the barrier is not across a stream channel or

watercourse, from the lowest elevation of the outside limit

of the barrier;

to the maximum water storage elevation; or

(ii) has an impounding capacity for maximum storage

elevation of 50 acre-feet or more; but

(B) does not include -

(i) a levee; or

(ii) a barrier described in subparagraph (A) that -

(I) is 6 feet or less in height regardless of storage

capacity; or

(II) has a storage capacity at the maximum water storage

elevation that is 15 acre-feet or less regardless of

height;

unless the barrier, because of the location of the barrier or

another physical characteristic of the barrier, is likely to

pose a significant threat to human life or property if the

barrier fails (as determined by the Director).

(3) Director

The term "Director" means the Director of FEMA.

(4) Federal agency

The term "Federal agency" means a Federal agency that designs,

finances, constructs, owns, operates, maintains, or regulates the

construction, operation, or maintenance of a dam.

(5) Federal Guidelines for Dam Safety

The term "Federal Guidelines for Dam Safety" means the FEMA

publication, numbered 93 and dated June 1979, that defines

management practices for dam safety at all Federal agencies.

(6) FEMA

The term "FEMA" means the Federal Emergency Management Agency.

(7) Hazard reduction

The term "hazard reduction" means the reduction in the

potential consequences to life and property of dam failure.

(8) ICODS

The term "ICODS" means the Interagency Committee on Dam Safety

established by section 467e of this title.

(9) Program

The term "Program" means the national dam safety program

established under section 467f of this title.

(10) State

The term "State" means each of the several States of the United

States, the District of Columbia, the Commonwealth of Puerto

Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth

of the Northern Mariana Islands, and any other territory or

possession of the United States.

(11) State dam safety agency

The term "State dam safety agency" means a State agency that

has regulatory authority over the safety of non-Federal dams.

(12) State dam safety program

The term "State dam safety program" means a State dam safety

program approved and assisted under section 467f(e) of this

title.

(13) United States

The term "United States", when used in a geographical sense,

means all of the States.

-SOURCE-

(Pub. L. 92-367, Sec. 2, as added Pub. L. 104-303, title II, Sec.

215(c)(4), Oct. 12, 1996, 110 Stat. 3685; amended Pub. L. 107-310,

Sec. 3(e)(2), Dec. 2, 2002, 116 Stat. 2451.)

-MISC1-

PRIOR PROVISIONS

A prior section 467, Pub. L. 92-367, Sec. 1, Aug. 8, 1972, 86

Stat. 506; Pub. L. 99-662, title XII, Sec. 1201(a), Nov. 17, 1986,

100 Stat. 4260, defined term "dam" as used in this subchapter,

prior to repeal by Pub. L. 104-303, Sec. 215(c)(1).

A prior section 2 of Pub. L. 92-367 was renumbered section 3 by

section 215(c)(3) of Pub. L. 104-303 and is classified to section

467a of this title.

AMENDMENTS

2002 - Par. (1). Pub. L. 107-310, Sec. 3(e)(2)(A), substituted

"section 467f(f)" for "section 467f(h)".

Par. (12). Pub. L. 107-310, Sec. 3(e)(2)(B), substituted "section

467f(e)" for "section 467f(f)".

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-310, Sec. 1(a), Dec. 2, 2002, 116 Stat. 2450,

provided that: "This Act [enacting section 467g-1 of this title and

amending this section and sections 467e to 467g and 467h to 467j of

this title] may be cited as the 'Dam Safety and Security Act of

2002'."

SHORT TITLE OF 1986 AMENDMENT

Section 1206 of title XII of Pub. L. 99-662 provided that: "This

title [enacting sections 467f to 467n and 2311 of this title and

amending this section and sections 467a and 467b of this title] may

be cited as the 'Dam Safety Act of 1986'."

SHORT TITLE

Section 1 of Pub. L. 92-367, as added by Pub. L. 104-303, title

II, Sec. 215(c)(1), Oct. 12, 1996, 110 Stat. 3685, provided that:

"This Act [enacting this subchapter] may be cited as the 'National

Dam Safety Program Act'."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

CONGRESSIONAL STATEMENT OF PURPOSE; NATIONAL DAM SAFETY PROGRAM

Section 215(a) of Pub. L. 104-303 provided that: "The purpose of

this section [enacting this section and sections 467d to 467j of

this title, amending sections 467a to 467c of this title and

section 3802 of Title 25, Indians, repealing former sections 467

and 467d to 467m of this title, and enacting provisions set out as

notes under this section] is to reduce the risks to life and

property from dam failure in the United States through the

establishment and maintenance of an effective national dam safety

program to bring together the expertise and resources of the

Federal and non-Federal communities in achieving national dam

safety hazard reduction. It is not the intent of this section to

preempt any other Federal or State authorities nor is it the intent

of this section to mandate State participation in the grant

assistance program to be established under this section."

EFFECT ON OTHER DAM SAFETY PROGRAMS

Section 215(b) of Pub. L. 104-303 provided that: "Nothing in this

section (including the amendments made by this section) [enacting

this section and sections 467d to 467j of this title, amending

sections 467a to 467c of this title and section 3802 of Title 25,

Indians, repealing former sections 467 and 467d to 467m of this

title, and enacting provisions set out as notes under this section]

shall preempt or otherwise affect any dam safety program of a

Federal agency other than the Federal Emergency Management Agency,

including any program that regulates, permits, or licenses any

activity affecting a dam."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 25 section 3802.

-End-

-CITE-

33 USC Sec. 467a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

Sec. 467a. Inspection of dams

-STATUTE-

(a) In general

As soon as practicable, the Secretary of the Army, acting through

the Chief of Engineers, shall carry out a national program of

inspection of dams for the purpose of protecting human life and

property. All dams in the United States shall be inspected by the

Secretary except (1) dams under the jurisdiction of the Bureau of

Reclamation, the Tennessee Valley Authority, or the International

Boundary and Water Commission, (2) dams which have been constructed

pursuant to licenses issued under the authority of the Federal

Power Act [16 U.S.C. 791a et seq.], (3) dams which have been

inspected within the twelve-month period immediately prior to

August 8, 1972, by a State agency and which the Governor of such

State requests be excluded from inspection, and (4) dams which the

Secretary of the Army determines do not pose any threat to human

life or property. The Secretary may inspect dams which have been

licensed under the Federal Power Act upon request of the Federal

Energy Regulatory Commission and dams under the jurisdiction of the

International Boundary and Water Commission upon request of such

Commission.

(b) State participation

On request of a State dam safety agency, with respect to any dam

the failure of which would affect the State, the head of a Federal

agency shall -

(1) provide information to the State dam safety agency on the

construction, operation, or maintenance of the dam; or

(2) allow any official of the State dam safety agency to

participate in the Federal inspection of the dam.

-SOURCE-

(Pub. L. 92-367, Sec. 3, formerly Sec. 2, Aug. 8, 1972, 86 Stat.

506; Pub. L. 95-91, title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91

Stat. 583; renumbered Sec. 3 and amended Pub. L. 104-303, title II,

Sec. 215(c)(3), (5), Oct. 12, 1996, 110 Stat. 3685, 3687.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in subsec. (a), is act June

10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified

generally to chapter 12 (Sec. 791a et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see section 791a of Title 16 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 3 of Pub. L. 92-367 was renumbered section 4 and

is classified to section 467b of this title.

AMENDMENTS

1996 - Pub. L. 104-303 inserted section catchline, designated

existing provisions as subsec. (a) and inserted heading, and added

subsec. (b).

-TRANS-

TRANSFER OF FUNCTIONS

"Federal Energy Regulatory Commission" substituted in text for

"Federal Power Commission" on authority of Pub. L. 95-91, title IV,

Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583, which is classified

to section 7172(a)(1)(A) of Title 42, The Public Health and

Welfare.

-End-

-CITE-

33 USC Sec. 467b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

Sec. 467b. Investigation reports to Governors

-STATUTE-

As soon as practicable after inspection of a dam, the Secretary

shall notify the Governor of the State in which such dam is located

the results of such investigation. In any case in which any

hazardous conditions are found during an inspection, upon request

by the owner, the Secretary, acting through the Chief of Engineers,

may perform detailed engineering studies to determine the

structural integrity of the dam, subject to reimbursement of such

expense by the owner of such dam. The Secretary shall immediately

notify the Governor of any hazardous conditions found during an

inspection. The Secretary shall provide advice to the Governor,

upon request, relating to timely remedial measures necessary to

mitigate or obviate any hazardous conditions found during an

inspection.

-SOURCE-

(Pub. L. 92-367, Sec. 4, formerly Sec. 3, Aug. 8, 1972, 86 Stat.

507; Pub. L. 99-662, title XII, Sec. 1204, Nov. 17, 1986, 100 Stat.

4263; renumbered Sec. 4 and amended Pub. L. 104-303, title II, Sec.

215(c)(3), (6), Oct. 12, 1996, 110 Stat. 3685, 3687.)

-MISC1-

PRIOR PROVISIONS

A prior section 4 of Pub. L. 92-367 was renumbered section 5 and

is classified to section 467c of this title.

AMENDMENTS

1996 - Pub. L. 104-303 inserted section catchline.

1986 - Pub. L. 99-662 inserted "In any case in which any

hazardous conditions are found during an inspection, upon request

by the owner, the Secretary, acting through the Chief of Engineers,

may perform detailed engineering studies to determine the

structural integrity of the dam, subject to reimbursement of such

expense by the owner of such dam."

-End-

-CITE-

33 USC Sec. 467c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

Sec. 467c. Determination of danger to human life and property

-STATUTE-

For the purpose of determining whether a dam (including the

waters impounded by such dam) constitutes a danger to human life or

property, the Secretary shall take into consideration the

possibility that the dam might be endangered by overtopping,

seepage, settlement, erosion, sediment, cracking, earth movement,

earthquakes, failure of bulkheads, flashboard, gates on conduits,

or other conditions which exist or which might occur in any area in

the vicinity of the dam.

-SOURCE-

(Pub. L. 92-367, Sec. 5, formerly Sec. 4, Aug. 8, 1972, 86 Stat.

507; renumbered Sec. 5 and amended Pub. L. 104-303, title II, Sec.

215(c)(3), (7), Oct. 12, 1996, 110 Stat. 3685, 3687.)

-MISC1-

PRIOR PROVISIONS

A prior section 5 of Pub. L. 92-367 was classified to section

467d of this title prior to repeal by Pub. L. 104-303.

AMENDMENTS

1996 - Pub. L. 104-303 inserted section catchline.

-End-

-CITE-

33 USC Sec. 467d 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

Sec. 467d. National dam inventory

-STATUTE-

The Secretary of the Army, acting through the Chief of Engineers,

may maintain and periodically publish updated information on the

inventory of dams in the United States.

-SOURCE-

(Pub. L. 92-367, Sec. 6, as added Pub. L. 104-303, title II, Sec.

215(c)(8), Oct. 12, 1996, 110 Stat. 3687.)

-MISC1-

PRIOR PROVISIONS

A prior section 467d, Pub. L. 92-367, Sec. 5, Aug. 8, 1972, 86

Stat. 507, directed Secretary report to Congress on or before July

1, 1974, on activities under this subchapter, including in report

an inventory of dams in the United States, a review of each

inspection made, recommendations to State Governors and

implementation of those recommendations, recommendations for

comprehensive national program for inspection and safety

regulation, and recommendations on responsibilities which should be

assumed by Federal, State, and local governments and by public and

private interests, prior to repeal by Pub. L. 104-303, title II,

Sec. 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.

A prior section 6 of Pub. L. 92-367 was classified to section

467e of this title prior to repeal by Pub. L. 104-303.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 467j of this title.

-End-

-CITE-

33 USC Sec. 467e 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

Sec. 467e. Interagency Committee on Dam Safety

-STATUTE-

(a) Establishment

There is established an Interagency Committee on Dam Safety -

(1) comprised of a representative of each of the Department of

Agriculture, the Department of Defense, the Department of Energy,

the Department of the Interior, the Department of Labor, FEMA,

the Federal Energy Regulatory Commission, the Nuclear Regulatory

Commission, the Tennessee Valley Authority, and the United States

Section of the International Boundary Commission; and

(2) chaired by the Director.

(b) Duties

ICODS shall encourage the establishment and maintenance of

effective Federal programs, policies, and guidelines intended to

enhance dam safety for the protection of human life and property

through coordination and information exchange among Federal

agencies concerning implementation of the Federal Guidelines for

Dam Safety.

-SOURCE-

(Pub. L. 92-367, Sec. 7, as added Pub. L. 104-303, title II, Sec.

215(c)(8), Oct. 12, 1996, 110 Stat. 3687; amended Pub. L. 107-310,

Sec. 2, Dec. 2, 2002, 116 Stat. 2450.)

-MISC1-

PRIOR PROVISIONS

A prior section 467e, Pub. L. 92-367, Sec. 6, Aug. 8, 1972, 86

Stat. 507, directed that existing liabilities and obligations be

unaffected, prior to repeal by Pub. L. 104-303, title II, Sec.

215(c)(2), Oct. 12, 1996, 110 Stat. 3685.

A prior section 7 of Pub. L. 92-367 was classified to section

467f of this title prior to repeal by Pub. L. 104-303.

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-310 substituted "Federal

programs" for "Federal and State programs" and "through

coordination and information exchange among Federal agencies

concerning implementation of the Federal Guidelines for Dam

Safety." for "through -

"(1) coordination and information exchange among Federal

agencies and State dam safety agencies; and

"(2) coordination and information exchange among Federal

agencies concerning implementation of the Federal Guidelines for

Dam Safety."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 467, 467f, 467j of this

title.

-End-

-CITE-

33 USC Sec. 467f 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

Sec. 467f. National dam safety program

-STATUTE-

(a) In general

The Director, in consultation with ICODS and State dam safety

agencies, and the Board shall establish and maintain, in accordance

with this section, a coordinated national dam safety program. The

Program shall -

(1) be administered by FEMA to achieve the objectives set forth

in subsection (c) of this section;

(2) involve, to the extent appropriate, each Federal agency;

and

(3) include -

(A) each of the components described in subsection (d) of

this section;

(B) the strategic plan described in subsection (b) of this

section; and

(C) assistance for State dam safety programs described in

subsection (e) of this section.

(b) Duties

The Director shall prepare a strategic plan -

(1) to establish goals, priorities, and target dates to improve

the safety of dams in the United States; and

(2) to the extent feasible, to establish cooperation and

coordination with, and assistance to, interested governmental

entities in all States.

(c) Objectives

The objectives of the Program are to -

(1) ensure that new and existing dams are safe through the

development of technologically and economically feasible programs

and procedures for national dam safety hazard reduction;

(2) encourage acceptable engineering policies and procedures to

be used for dam site investigation, design, construction,

operation and maintenance, and emergency preparedness;

(3) encourage the establishment and implementation of effective

dam safety programs in each State based on State standards;

(4) develop and encourage public awareness projects to increase

public acceptance and support of State dam safety programs;

(5) develop technical assistance materials for Federal and

non-Federal dam safety programs;

(6) develop mechanisms with which to provide Federal technical

assistance for dam safety to the non-Federal sector; and

(7) develop technical assistance materials, seminars, and

guidelines to improve security for dams in the United States.

(d) Components

(1) In general

The Program shall consist of -

(A) a Federal element and a non-Federal element; and

(B) leadership activity, technical assistance activity, and

public awareness activity.

(2) Elements

(A) Federal

The Federal element shall incorporate the activities and

practices carried out by Federal agencies under section 467e of

this title to implement the Federal Guidelines for Dam Safety.

(B) Non-Federal

The non-Federal element shall consist of -

(i) the activities and practices carried out by States,

local governments, and the private sector to safely build,

regulate, operate, and maintain dams; and

(ii) Federal activities that foster State efforts to

develop and implement effective programs for the safety of

dams.

(3) Functional activities

(A) Leadership

The leadership activity shall be the responsibility of FEMA

and shall be exercised by chairing the Board to coordinate

national efforts to improve the safety of the dams in the

United States.

(B) Technical assistance

The technical assistance activity shall consist of the

transfer of knowledge and technical information among the

Federal and non-Federal elements described in paragraph (2).

(C) Public awareness

The public awareness activity shall provide for the education

of the public, including State and local officials, in the

hazards of dam failure, methods of reducing the adverse

consequences of dam failure, and related matters.

(e) Assistance for State dam safety programs

(1) In general

To encourage the establishment and maintenance of effective

State programs intended to ensure dam safety, to protect human

life and property, and to improve State dam safety programs, the

Director shall provide assistance with amounts made available

under section 467j of this title to assist States in

establishing, maintaining, and improving dam safety programs in

accordance with the criteria specified in paragraph (2).

(2) Criteria and budgeting requirement

For a State to be eligible for assistance under this

subsection, a State dam safety program must be working toward

meeting the following criteria and budgeting requirement:

(A) Criteria

A State dam safety program must be authorized by State

legislation to include substantially, at a minimum -

(i) the authority to review and approve plans and

specifications to construct, enlarge, modify, remove, and

abandon dams;

(ii) the authority to perform periodic inspections during

dam construction to ensure compliance with approved plans and

specifications;

(iii) a requirement that, on completion of dam

construction, State approval must be given before operation

of the dam;

(iv)(I) the authority to require or perform the inspection,

at least once every 5 years, of all dams and reservoirs that

would pose a significant threat to human life and property in

case of failure to determine the continued safety of the dams

and reservoirs; and

(II) a procedure for more detailed and frequent safety

inspections;

(v) a requirement that all inspections be performed under

the supervision of a State-registered professional engineer

with related experience in dam design and construction;

(vi) the authority to issue notices, when appropriate, to

require owners of dams to perform necessary maintenance or

remedial work, improve security, revise operating procedures,

or take other actions, including breaching dams when

necessary;

(vii) regulations for carrying out the legislation of the

State described in this subparagraph;

(viii) provision for necessary funds -

(I) to ensure timely repairs or other changes to, or

removal of, a dam in order to protect human life and

property; and

(II) if the owner of the dam does not take action

described in subclause (I), to take appropriate action as

expeditiously as practicable;

(ix) a system of emergency procedures to be used if a dam

fails or if the failure of a dam is imminent; and

(x) an identification of -

(I) each dam the failure of which could be reasonably

expected to endanger human life;

(II) the maximum area that could be flooded if the dam

failed; and

(III) necessary public facilities that would be affected

by the flooding.

(B) Budgeting requirement

For a State to be eligible for assistance under this

subsection, State appropriations must be budgeted to carry out

the legislation of the State under subparagraph (A).

(3) Work plans

The Director shall enter into a (!1) agreement with each State

receiving assistance under paragraph (2) to develop a work plan

necessary for the State dam safety program to reach a level of

program performance specified in the agreement.

(4) Maintenance of effort

Assistance may not be provided to a State under this subsection

for a fiscal year unless the State enters into such agreement

with the Director as the Director requires to ensure that the

State will maintain the aggregate expenditures of the State from

all other sources for programs to ensure dam safety for the

protection of human life and property at or above a level equal

to the average annual level of such expenditures for the 2 fiscal

years preceding the fiscal year.

(5) Approval of programs

(A) Submission

For a State to be eligible for assistance under this

subsection, a plan for a State dam safety program shall be

submitted to the Director for approval.

(B) Approval

A State dam safety program shall be deemed to be approved 120

days after the date of receipt by the Director unless the

Director determines within the 120-day period that the State

dam safety program fails to meet the requirements of paragraphs

(1) through (3).

(C) Notification of disapproval

If the Director determines that a State dam safety program

does not meet the requirements for approval, the Director shall

immediately notify the State in writing and provide the reasons

for the determination and the changes that are necessary for

the plan to be approved.

(6) Review of State dam safety programs

Using the expertise of the Board, the Director shall

periodically review State dam safety programs. If the Board finds

that a State dam safety program has proven inadequate to

reasonably protect human life and property and the Director

concurs, the Director shall revoke approval of the State dam

safety program, and withhold assistance under this subsection,

until the State dam safety program again meets the requirements

for approval.

(f) Board

(1) Establishment

The Director shall establish an advisory board to be known as

the "National Dam Safety Review Board" to monitor the safety of

dams in the United States, to monitor State implementation of

this section, and to advise the Director on national dam safety

policy.

(2) Authority

The Board may use the expertise of Federal agencies and enter

into contracts for necessary studies to carry out this section.

(3) Voting membership

The Board shall consist of 11 voting members selected by the

Director for expertise in dam safety, of whom -

(A) 1 member shall represent the Department of Agriculture;

(B) 1 member shall represent the Department of Defense;

(C) 1 member shall represent the Department of the Interior;

(D) 1 member shall represent FEMA;

(E) 1 member shall represent the Federal Energy Regulatory

Commission;

(F) 5 members shall be selected by the Director from among

State dam safety officials; and

(G) 1 member shall be selected by the Director to represent

the private sector.

(4) Nonvoting membership

The Director, in consultation with the Board, may invite a

representative of the National Laboratories of the Department of

Energy and may invite representatives from Federal or State

agencies or dam safety experts, as needed, to participate in

meetings of the Board.

(5) Duties

(A) In general

The Board shall encourage the establishment and maintenance

of effective programs, policies, and guidelines to enhance dam

safety for the protection of human life and property throughout

the United States.

(B) Coordination and information exchange among agencies

In carrying out subparagraph (A), the Board shall encourage

coordination and information exchange among Federal and State

dam safety agencies that share common problems and

responsibilities for dam safety, including planning, design,

construction, operation, emergency action planning,

inspections, maintenance, regulation or licensing, technical or

financial assistance, research, and data management.

(6) Work groups

The Director may establish work groups under the Board to

assist the Board in accomplishing its goals. The work groups

shall consist of members of the Board and other individuals

selected by the Director.

(7) Compensation of members

(A) Federal employees

Each member of the Board who is an officer or employee of the

United States shall serve without compensation in addition to

compensation received for the services of the member as an

officer or employee of the United States.

(B) Other members

Each member of the Board who is not an officer or employee of

the United States shall serve without compensation.

(8) Travel expenses

(A) Representatives of Federal agencies

To the extent amounts are made available in advance in

appropriations Acts, each member of the Board who represents a

Federal agency shall be reimbursed of appropriations for travel

expenses by his or her agency, including per diem in lieu of

subsistence, at rates authorized for an employee of an agency

under subchapter I of chapter 57 of title 5, while away from

the home or regular place of business of the member in the

performance of services for the Board.

(B) Other individuals

To the extent amounts are made available in advance in

appropriations Acts, each member of the Board who represents a

State agency, the member of the Board who represents the

private sector, and each member of a work group created under

paragraph (1) shall be reimbursed for travel expenses by FEMA,

including per diem in lieu of subsistence, at rates authorized

for an employee of an agency under subchapter I of chapter 57

of title 5, while away from home or regular place of business

of the member in performance of services for the Board.

(9) Applicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply to the Board.

-SOURCE-

(Pub. L. 92-367, Sec. 8, as added Pub. L. 104-303, title II, Sec.

215(c)(8), Oct. 12, 1996, 110 Stat. 3688; amended Pub. L. 107-310,

Sec. 3(a)-(e)(1), (f), (g), Dec. 2, 2002, 116 Stat. 2450, 2451.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec.

(f)(9), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 467f, Pub. L. 92-367, Sec. 7, as added Pub. L.

99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4260;

amended Pub. L. 102-580, title II, Sec. 209(a), Oct. 31, 1992, 106

Stat. 4830, related to funding for State dam safety programs, prior

to repeal by Pub. L. 104-303, title II, Sec. 215(c)(2), Oct. 12,

1996, 110 Stat. 3685.

A prior section 8 of Pub. L. 92-367 was classified to section

467g of this title prior to repeal by Pub. L. 104-303.

AMENDMENTS

2002 - Subsec. (a)(3)(B). Pub. L. 107-310, Sec. 3(a)(1),

substituted "strategic plan described in subsection (b)" for

"implementation plan described in subsection (e)".

Subsec. (a)(3)(C). Pub. L. 107-310, Sec. 3(a)(2), substituted

"subsection (e)" for "subsection (f)".

Subsec. (b). Pub. L. 107-310, Sec. 3(b), amended heading and text

of subsec. (b) generally. Prior to amendment, text read as follows:

"The Director shall -

"(1) not later than 270 days after October 12, 1996, develop

the implementation plan described in subsection (e) of this

section;

"(2) not later than 300 days after October 12, 1996, submit to

the appropriate authorizing committees of Congress the

implementation plan described in subsection (e) of this section;

and

"(3) by regulation, not later than 360 days after October 12,

1996 -

"(A) develop and implement the Program;

"(B) establish goals, priorities, and target dates for

implementation of the Program; and

"(C) to the extent feasible, provide a method for cooperation

and coordination with, and assistance to, interested

governmental entities in all States."

Subsec. (c)(7). Pub. L. 107-310, Sec. 3(c), added par. (7).

Subsec. (d)(3)(A). Pub. L. 107-310, Sec. 3(d), substituted "and

shall be exercised by chairing the Board to coordinate national

efforts to improve the safety of the dams in the United States" for

"and shall be exercised by chairing ICODS to coordinate Federal

efforts in cooperation with State dam safety officials".

Subsec. (e). Pub. L. 107-310, Sec. 3(e)(1), redesignated subsec.

(f) as (e) and struck out heading and text of former subsec. (e).

Text read as follows: "The Director shall -

"(1) develop an implementation plan for the Program that shall

set, through fiscal year 2002, year-by-year targets that

demonstrate improvements in dam safety; and

"(2) recommend appropriate roles for Federal agencies and for

State and local units of government, individuals, and private

organizations in carrying out the implementation plan."

Subsec. (e)(1). Pub. L. 107-310, Sec. 3(f)(1), substituted "the

Director shall provide assistance with amounts made available under

section 467j of this title to assist States in establishing,

maintaining, and improving dam safety programs in accordance with

the criteria specified in paragraph (2)." for "the Director shall

provide assistance with amounts made available under section 467j

of this title to assist States in establishing and maintaining dam

safety programs -

"(A) in accordance with the criteria specified in paragraph

(2); and

"(B) in accordance with more advanced requirements and

standards established by the Board and the Director with the

assistance of established criteria such as the Model State Dam

Safety Program published by FEMA, numbered 123 and dated April

1987, and amendments to the Model State Dam Safety Program."

Subsec. (e)(2). Pub. L. 107-310, Sec. 3(f)(2)(A), in introductory

provisions, struck out "primary" after "For a State to be eligible

for" and ", and for a State to be eligible for advanced assistance

under this subsection, a State dam safety program must meet the

following criteria and budgeting requirement and be working toward

meeting the advanced requirements and standards established under

paragraph (1)(B)" before colon.

Subsec. (e)(2)(A). Pub. L. 107-310, Sec. 3(f)(2)(B)(i),

substituted "A State" for "For a State to be eligible for

assistance under this subsection, a State" in introductory

provisions.

Subsec. (e)(2)(A)(vi). Pub. L. 107-310, Sec. 3(f)(2)(B)(ii),

inserted "improve security," before "revise operating procedures,".

Subsec. (e)(3). Pub. L. 107-310, Sec. 3(f)(3), substituted

"agreement" for "contract" in two places.

Subsec. (f). Pub. L. 107-310, Sec. 3(e)(1), redesignated subsec.

(h) as (f). Former subsec. (f) redesignated (e).

Subsec. (f)(1). Pub. L. 107-310, Sec. 3(g)(1), substituted "The

Director shall establish" for "The Director may establish" and "to

monitor the safety of dams in the United States, to monitor State

implementation of this section, and to advise the Director on

national dam safety policy" for "to monitor State implementation of

this section".

Subsec. (f)(3). Pub. L. 107-310, Sec. 3(g)(2)(A), (B),

substituted "Voting membership" for "Membership" in heading and "11

voting members" for "11 members" in introductory provisions.

Subsec. (f)(3)(F), (G). Pub. L. 107-310, Sec. 3(g)(2)(C), added

subpars. (F) and (G) and struck out former subpars. (F) and (G)

which read as follows:

"(F) 5 members shall be selected by the Director from among dam

safety officials of States; and

"(G) 1 member shall be selected by the Director to represent the

United States Committee on Large Dams."

Subsec. (f)(4) to (6). Pub. L. 107-310, Sec. 3(g)(3)(B), added

pars. (4) to (6). Former pars. (4) to (6) redesignated (7) to (9),

respectively.

Subsec. (f)(7). Pub. L. 107-310, Sec. 3(g)(3)(A), redesignated

par. (4) as (7).

Subsec. (f)(8). Pub. L. 107-310, Sec. 3(g)(4), added par. (8) and

struck out heading and text of former par. (8). Text read as

follows: "Each member of the Board shall be allowed travel

expenses, including per diem in lieu of subsistence, at rates

authorized for an employee of an agency under subchapter I of

chapter 57 of title 5, while away from the home or regular place of

business of the member in the performance of services for the

Board."

Pub. L. 107-310, Sec. 3(g)(3)(A), redesignated par. (5) as (8).

Subsec. (f)(9). Pub. L. 107-310, Sec. 3(g)(3)(A), redesignated

par. (6) as (9).

Subsec. (g). Pub. L. 107-310, Sec. 3(e)(1), struck out heading

and text of subsec. (g). Text read as follows: "At the request of

any State that has or intends to develop a State dam safety

program, the Director shall provide training for State dam safety

staff and inspectors."

Subsec. (h). Pub. L. 107-310, Sec. 3(e)(1), redesignated subsec.

(h) as (f).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 467, 467j of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "an".

-End-

-CITE-

33 USC Sec. 467g 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

Sec. 467g. Research

-STATUTE-

(a) In general

The Director, in cooperation with the Board, shall carry out a

program of technical and archival research to develop and support -

(1) improved techniques, historical experience, and equipment

for rapid and effective dam construction, rehabilitation, and

inspection;

(2) devices for the continued monitoring of the safety of dams;

(3) development and maintenance of information resources

systems needed to support managing the safety of dams; and

(4) initiatives to guide the formulation of effective public

policy and advance improvements in dam safety engineering,

security, and management.

(b) Consultation

The Director shall provide for State participation in research

under subsection (a) of this section and periodically advise all

States and Congress of the results of the research.

-SOURCE-

(Pub. L. 92-367, Sec. 9, as added Pub. L. 104-303, title II, Sec.

215(c)(8), Oct. 12, 1996, 110 Stat. 3692; amended Pub. L. 107-310,

Sec. 4, Dec. 2, 2002, 116 Stat. 2453.)

-MISC1-

PRIOR PROVISIONS

A prior section 467g, Pub. L. 92-367, Sec. 8, as added Pub. L.

99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4261, set

out the requisite features of State dam safety programs and

provided for program approval and periodic review, prior to repeal

by Pub. L. 104-303, title II, Sec. 215(c)(2), Oct. 12, 1996, 110

Stat. 3685.

A prior section 9 of Pub. L. 92-367 was classified to section

467h of this title prior to repeal by Pub. L. 104-303.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-310, Sec. 4(1), in introductory

provisions, substituted "in cooperation with the Board" for "in

cooperation with ICODS" and inserted "and support" after "develop".

Subsec. (a)(3), (4). Pub. L. 107-310, Sec. 4(2)-(4), added pars.

(3) and (4).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 467j of this title.

-End-

-CITE-

33 USC Sec. 467g-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

Sec. 467g-1. Dam safety training

-STATUTE-

At the request of any State that has or intends to develop a

State dam safety program, the Director shall provide training for

State dam safety staff and inspectors.

-SOURCE-

(Pub. L. 92-367, Sec. 10, as added Pub. L. 107-310, Sec. 5(2), Dec.

2, 2002, 116 Stat. 2453.)

-MISC1-

PRIOR PROVISIONS

A prior section 10 of Pub. L. 92-367 was renumbered section 11,

and is classified to section 467h of this title.

Another prior section 10 of Pub. L. 92-367 was classified to

section 467i of this title prior to repeal by Pub. L. 104-303.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 467j of this title.

-End-

-CITE-

33 USC Sec. 467h 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

Sec. 467h. Reports

-STATUTE-

Not later than 90 days after the end of each odd-numbered fiscal

year, the Director shall submit a report to Congress that -

(1) describes the status of the Program;

(2) describes the progress achieved by Federal agencies during

the 2 preceding fiscal years in implementing the Federal

Guidelines for Dam Safety;

(3) describes the progress achieved in dam safety by States

participating in the Program; and

(4) includes any recommendations for legislative and other

action that the Director considers necessary.

-SOURCE-

(Pub. L. 92-367, Sec. 11, formerly Sec. 10, as added Pub. L.

104-303, title II, Sec. 215(c)(8), Oct. 12, 1996, 110 Stat. 3692;

renumbered Sec. 11 and amended Pub. L. 107-310, Secs. 5(1), 6, Dec.

2, 2002, 116 Stat. 2453.)

-MISC1-

PRIOR PROVISIONS

A prior section 467h, Pub. L. 92-367, Sec. 9, as added Pub. L.

99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262,

provided for creation of National Dam Safety Review Board, prior to

repeal by Pub. L. 104-303, title II, Sec. 215(c)(2), Oct. 12, 1996,

110 Stat. 3685.

A prior section 11 of Pub. L. 92-367 was renumbered section 12,

and is classified to section 467i of this title.

Another prior section 11 of Pub. L. 92-367 was classified to

section 467j of this title prior to repeal by Pub. L. 104-303.

AMENDMENTS

2002 - Pub. L. 107-310, Sec. 6, struck out subsec. designations

and headings for subsecs. (a) and (b) and text of subsec. (a) which

read as follows: "Not later than 180 days after October 12, 1996,

the Director shall report to Congress on the availability of dam

insurance and make recommendations concerning encouraging greater

availability."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 467j of this title.

-End-

-CITE-

33 USC Sec. 467i 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

Sec. 467i. Statutory construction

-STATUTE-

Nothing in this subchapter and no action or failure to act under

this subchapter shall -

(1) create any liability in the United States or its officers

or employees for the recovery of damages caused by such action or

failure to act;

(2) relieve an owner or operator of a dam of the legal duties,

obligations, or liabilities incident to the ownership or

operation of the dam; or

(3) preempt any other Federal or State law.

-SOURCE-

(Pub. L. 92-367, Sec. 12, formerly Sec. 11, as added Pub. L.

104-303, title II, Sec. 215(c)(8), Oct. 12, 1996, 110 Stat. 3693;

renumbered Sec. 12, Pub. L. 107-310, Sec. 5(1), Dec. 2, 2002, 116

Stat. 2453.)

-MISC1-

PRIOR PROVISIONS

A prior section 467i, Pub. L. 92-367, Sec. 10, as added Pub. L.

99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262,

related to consultation of Federal officers with State officials

when dam operated or proposed by Federal agency is operated or

proposed in a State, prior to repeal by Pub. L. 104-303, title II,

Sec. 215(c)(2), Oct. 12, 1996, 110 Stat. 3685.

A prior section 12 of Pub. L. 92-367 was renumbered section 13,

and is classified to section 467j of this title.

Another prior section 12 of Pub. L. 92-367 was classified to

section 467k of this title prior to repeal by Pub. L. 104-303.

-End-

-CITE-

33 USC Sec. 467j 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

Sec. 467j. Authorization of appropriations

-STATUTE-

(a) National dam safety program

(1) Annual amounts

There are authorized to be appropriated to FEMA to carry out

sections 467e, 467f, and 467h of this title (in addition to any

amounts made available for similar purposes included in any other

Act and amounts made available under subsections (b) through (e)

of this section), $6,000,000 for each of fiscal years 2003

through 2006, to remain available until expended.

(2) Allocation

(A) In general

Subject to subparagraphs (B) and (C), for each fiscal year,

amounts made available under this subsection to carry out

section 467f of this title shall be allocated among the States

as follows:

(i) One-third among States that qualify for assistance

under section 467f(e) of this title.

(ii) Two-thirds among States that qualify for assistance

under section 467f(e) of this title, to each such State in

proportion to -

(I) the number of dams in the State that are listed as

State-regulated dams on the inventory of dams maintained

under section 467d of this title; as compared to

(II) the number of dams in all States that are listed as

State-regulated dams on the inventory of dams maintained

under section 467d of this title.

(B) Maximum amount of allocation

The amount of funds allocated to a State under this paragraph

may not exceed 50 percent of the reasonable cost of

implementing the State dam safety program.

(C) Determination

The Director and the Board shall determine the amount

allocated to States.

(b) National dam inventory

There is authorized to be appropriated to carry out section 467d

of this title $500,000 for each fiscal year.

(c) Research

There is authorized to be appropriated to carry out section 467g

of this title $1,500,000 for each of fiscal years 2003 through

2006, to remain until expended.

(d) Dam safety training

There is authorized to be appropriated to carry out section

467g-1 of this title $500,000 for each of fiscal years 2003 through

2006.

(e) Staff

There is authorized to be appropriated to FEMA for the employment

of such additional staff personnel as are necessary to carry out

sections 467f through 467g-1 of this title $600,000 for each of

fiscal years 2003 through 2006.

(f) Limitation on use of amounts

Amounts made available under this subchapter may not be used to

construct or repair any Federal or non-Federal dam.

-SOURCE-

(Pub. L. 92-367, Sec. 13, formerly Sec. 12, as added Pub. L.

104-303, title II, Sec. 215(c)(8), Oct. 12, 1996, 110 Stat. 3693;

renumbered Sec. 13 and amended Pub. L. 107-310, Secs. 5(1), 7, Dec.

2, 2002, 116 Stat. 2453.)

-MISC1-

PRIOR PROVISIONS

A prior section 467j, Pub. L. 92-367, Sec. 11, as added Pub. L.

99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262;

amended Pub. L. 102-580, title II, Sec. 209(b), Oct. 31, 1992, 106

Stat. 4830, related to training for State dam safety inspectors,

prior to repeal by Pub. L. 104-303, title II, Sec. 215(c)(2), Oct.

12, 1996, 110 Stat. 3685.

A prior section 13 of Pub. L. 92-367 was classified to section

467l of this title prior to repeal by Pub. L. 104-303.

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-310, Sec. 7(a)(2), substituted

"$6,000,000 for each of fiscal years 2003 through 2006, to remain

available until expended" for "$1,000,000 for fiscal year 1998,

$2,000,000 for fiscal year 1999, $4,000,000 for fiscal year 2000,

$4,000,000 for fiscal year 2001, and $4,000,000 for fiscal year

2002".

Pub. L. 107-310, Sec. 7(a)(1), made technical amendment to

reference in original act which appears in text as reference to

section 467h of this title.

Subsec. (a)(2)(A)(i), (ii). Pub. L. 107-310, Sec. 7(b)(1),

substituted "section 467f(e)" for "section 467f(f)".

Subsec. (a)(2)(C). Pub. L. 107-310, Sec. 7(b)(2), struck out

"needing primary assistance and States needing advanced assistance

under section 467f(f) of this title" before period at end.

Subsecs. (c) to (e). Pub. L. 107-310, Sec. 7(c), added subsecs.

(c) to (e) and struck out former subsecs. (c) to (e) which

authorized appropriations for fiscal years 1998 through 2002 for

dam safety training, research, and staff.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 467f of this title.

-End-

-CITE-

33 USC Secs. 467k to 467m 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

Secs. 467k to 467m. Repealed. Pub. L. 104-303, title II, Sec.

215(c)(2), Oct. 12, 1996, 110 Stat. 3685

-MISC1-

Section 467k, Pub. L. 92-367, Sec. 12, as added Pub. L. 99-662,

title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262; amended

Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat.

1433; Pub. L. 102-580, title II, Sec. 209(c), Oct. 31, 1992, 106

Stat. 4830, related to development of improved dam inspection

techniques.

Section 467l, Pub. L. 92-367, Sec. 13, as added Pub. L. 99-662,

title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262; amended

Pub. L. 102-580, title II, Sec. 209(d), Oct. 31, 1992, 106 Stat.

4830, related to dam inventory updates.

Section 467m, Pub. L. 92-367, Sec. 14, as added Pub. L. 99-662,

title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4263, provided

that inspection funds were not to be used for repair or

construction of any dam.

-End-

-CITE-

33 USC Sec. 467n 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER

IMPROVEMENTS GENERALLY

SUBCHAPTER VII - DAM INSPECTION PROGRAM

-HEAD-

Sec. 467n. Recovery of dam modification costs required for safety

purposes

-STATUTE-

(a) After November 17, 1986, costs incurred in the modification

by the Secretary of dams and related facilities constructed or

operated by the Secretary, the cause of which results from new

hydrologic or seismic data or changes in state-of-the-art design or

construction criteria deemed necessary for safety purposes, shall

be recovered in accordance with the provisions in this subsection:

(1) Fifteen percent of the modification costs shall be assigned

to project purposes in accordance with the cost allocation in

effect for the project at the time the work is initiated.

Non-Federal interests shall share the costs assigned to each

purpose in accord with the cost sharing in effect at the time of

initial project construction: Provided, That the Secretary of the

Interior shall recover costs assigned to irrigation in accordance

with repayment provisions of Public Law 98-404.

(2) Repayment under this subsection, with the exception of

costs assigned to irrigation, may be made, with interest, over a

period of not more than thirty years from the date of completion

of the work. The interest rate used shall be determined by the

Secretary of the Treasury, taking into consideration average

market yields on outstanding marketable obligations of the United

States with remaining periods to maturity comparable to the

applicable reimbursable period during the month preceding the

fiscal year in which the costs are incurred, plus a premium of

one-eighth of one percentage point for transaction costs. To the

extent that more than one interest rate is determined pursuant to

the preceding sentence, the Secretary of the Treasury shall

establish an interest rate at the weighted average of the rates

so determined.

(b) Nothing in this section affects the authority of the

Secretary to perform work pursuant to Public Law 84-99, as amended

(33 U.S.C. 701n) or cost sharing for such work.

-SOURCE-

(Pub. L. 99-662, title XII, Sec. 1203, Nov. 17, 1986, 100 Stat.

4263.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 98-404, referred to in subsec. (a)(1), is Pub. L.

98-404, Aug. 28, 1984, 98 Stat. 1481, known as The Reclamation

Safety of Dams Act Amendments of 1984, which amended sections 508

and 509 of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title of 1984 Amendment note set

out under section 506 of Title 43 and Tables.

Public Law 84-99, referred to in subsec. (b), is act June 28,

1955, ch. 194, 69 Stat. 186, which amended section 701n of this

title.

-COD-

CODIFICATION

Section was enacted as part of the Dam Safety Act of 1986, and

also as part of the Water Resources Development Act of 1986, and

not as part of Pub. L. 92-367 which comprises this subchapter.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2201 of

this title.

-End-