Loading (50 kb)...'
(continued)
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tributaries and placement of such matter on their banks, was
revoked by Ex.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 01/19/04
-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. 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205(a) of act July 26, 1947, was repealed by section 53 of act Aug.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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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, (continued)