Loading (50 kb)...'
(continued)
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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 01/19/04
-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. 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 (continued)