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33 USC CHAPTER 9 - RIVERS AND HARBORS ACT

-CITE-
33 USC CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF
HARBOR AND RIVER IMPROVEMENTS GENERALLY 01/19/04

-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. Creation or continuance of obstruction of navigable
waters.
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 01/19/04

-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 01/19/04

-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 01/19/04

-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 01/19/04

-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
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 01/19/04

-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. Creation or continuance of obstruction of navigable
waters

-STATUTE-
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 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.

-SOURCE-
(Sept. 19, 1890, ch. 907, Sec. 10, 26 Stat. 454; Mar. 3, 1911, ch.
231, Sec. 291, 36 Stat. 1167.)

-REFTEXT-
REFERENCES IN TEXT
This act, referred to in text, is act Sept. 19, 1890, ch. 907, 26
Stat. 426. Sections 6 to 9 of the Act are not classified to the
Code. For complete classification of this act to the Code, see
Tables.

-COD-
CODIFICATION
Text of section, which was previously omitted from the Code, was
restored in view of conflicting court decisions as to whether or
not section had been repealed or superseded. See eg. United States
v. Wishkah Boom Co., 136 F. 42 (9th Cir. 1905), (appeal dismissed
[1906] 202 U.S. 613); United States v. Wilson, 235 F.2d 251 (2d
Cir. 1956).

-End-



-CITE-
33 USC Sec. 403b 01/19/04

-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 01/19/04

-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 01/19/04

-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 01/19/04

-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 01/19/04

-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 (continued)