Legislación
US (United States) Code. Title 33. Chapter 9: Protection of navigable waters and harbor and rivers improvements
-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-
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| Idioma: | inglés |
| País: | Estados Unidos |
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