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(continued)
erosion control along Lake Ontario, and report on such plan to the
Congress as soon as practicable. Such report shall include
recommendations on measures of protection and proposals for
equitable cost sharing, together with recommendations for
regulating the level of Lake Ontario to assure maximum protection
of the natural environment and to hold shoreline damage to a
minimum.
(b) Minimization of damage and erosion to Lake Ontario shoreline
Until the Congress receives and acts upon the report required
under subsection (a) of this section, all Federal agencies having
responsibilities affecting the level of Lake Ontario shall,
consistent with existing authority, make every effort to discharge
such responsibilities in a manner so as to minimize damage and
erosion to the shoreline of Lake Ontario.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section
$2,000,000.
(d) Short title
This section may be cited as the "Lake Ontario Protection Act of
1976."
-SOURCE-
(Pub. L. 94-587, Sec. 180, Oct. 22, 1976, 90 Stat. 2939.)
-End-
-CITE-
33 USC Sec. 426m 01/19/04
-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. 426m. Collection and removal of drift and debris from publicly
maintained commercial boat harbors and adjacent land and water
areas
-STATUTE-
(a) Congressional findings
The Congress finds that drift and debris on or in publicly
maintained commercial boat harbors and the land and water areas
immediately adjacent thereto threaten navigational safety, public
health, recreation, and the harborfront environment.
(b) Responsibility of Secretary of the Army for development of
projects; project undertakings exempt from specific Congressional
approval
(1) The Secretary of the Army, acting through the Chief of
Engineers, shall be responsible for developing projects for the
collection and removal of drift and debris from publicly maintained
commercial boat harbors and from land and water areas immediately
adjacent thereto.
(2) The Secretary of the Army, acting through the Chief of
Engineers, is authorized to undertake projects developed under
paragraph (1) of this subsection without specific congressional
approval when the total Federal cost for the project is less than
$400,000.
(c) Federal share of costs; responsibility of non-Federal interests
in future project development to recover cost or repair sources
The Federal share of the cost of any project developed pursuant
to subsection (b) of this section shall be two-thirds of the cost
of the project. The remainder of such costs shall be paid by the
State, municipality, or other political subdivision in which the
project is to be located, except that any costs associated with the
collections and removal of drift and debris from federally owned
lands shall be borne by the Federal Government. Non-Federal
interests in future project development under subsection (b) of
this section shall be required to recover the full cost of drift or
debris removal from any identified owner of piers or other
potential sources of drift or debris, or to repair such sources so
that they no longer create a potential source of drift or debris.
(d) Responsibility for providing lands, easements, and right-of-way
necessary for projects; agreement to maintain projects and hold
United States free from damages; regulation of project area
following project completion; technical advice
Any State, municipality, or other political subdivision where any
project developed pursuant to subsection (b) of this section is
located shall provide all lands, easements, and right-of-way
necessary for the project, including suitable access and disposal
areas, and shall agree to maintain such projects and hold and save
the United States free from any damages which may result from the
non-Federal sponsor's performance of, or failure to perform, any of
its required responsibilities of cooperation for the project.
Non-Fededal (!1) interest shall agree to regulate any project area
following project completion so that such area will not become a
future source of drift and debris. The Chief of Engineers shall
provide technical advice to non-Federal interests on the
implementation of this subsection.
(e) Definitions
For the purposes of this section -
(1) the term "drift" includes any buoyant material that, when
floating in the navigable waters of the United States, may cause
damage to a commercial or recreational vessel; and
(2) the term "debris" includes any abandoned or dilapidated
structure or any sunken vessel or other object that can
reasonably be expected to collapse or otherwise enter the
navigable waters of the United States as drift within a
reasonable period.
(f) Authorization of appropriations
There is authorized to be appropriated to carry out this section
such sums as may be necessary for fiscal years beginning after
September 30, 1986.
-SOURCE-
(Pub. L. 94-587, Sec. 202, Oct. 22, 1976, 90 Stat. 2945; Pub. L.
99-662, title XI, Sec. 1129(a), Nov. 17, 1986, 100 Stat. 4246.)
-MISC1-
AMENDMENTS
1986 - Subsec. (f). Pub. L. 99-662 amended subsec. (f) generally,
substituting "such sums as may be necessary for fiscal years
beginning after Sept. 30, 1986" for "not to exceed $4,000,000 per
fiscal year for fiscal years 1978 and 1979".
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
33 USC Sec. 426n 01/19/04
-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. 426n. Technical assistance to States and local governments;
cost sharing
-STATUTE-
(a) Upon request of the Governor of a State, or the appropriate
official of local government, the Secretary is authorized to
provide designs, plans, and specifications, and such other
technical assistance as he deems advisable to such State or local
government for its use in carrying out -
(1) projects for removing accumulated snags and other debris,
and clearing and straightening channels in navigable streams and
tributaries thereof; and
(2) projects for renovating navigable streams and tributaries
thereof by means of predominantly nonstructural methods judged by
the Secretary to be cost effective, for the purpose of improved
drainage, water quality, and habitat diversity.
(b) The non-Federal share of the cost of any designs, plans,
specifications or technical assistance provided under subsection
(a) of this section shall be 50 percent.
-SOURCE-
(Pub. L. 99-662, title IX, Sec. 942, Nov. 17, 1986, 100 Stat.
4199.)
-CROSS-
"SECRETARY" DEFINED
Secretary means the Secretary of the Army, see section 2201 of
this title.
-End-
-CITE-
33 USC Sec. 426o 01/19/04
-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. 426o. Great Lakes material disposal
-STATUTE-
In planning and implementing any navigation project (including
maintenance thereof) on the Great Lakes and adjacent waters, the
Secretary shall consult and cooperate with concerned States in
selecting disposal areas for dredged material which is suitable for
beach nourishment.
-SOURCE-
(Pub. L. 99-662, title XI, Sec. 1154, Nov. 17, 1986, 100 Stat.
4256.)
-CROSS-
"SECRETARY" DEFINED
Secretary means the Secretary of the Army, see section 2201 of
this title.
-End-
-CITE-
33 USC Sec. 426o-1 01/19/04
-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. 426o-1. Great Lakes dredging levels adjustment
-STATUTE-
(a) Definition of Great Lake
In this section, the term "Great Lake" means Lake Superior, Lake
Michigan, Lake Huron (including Lake St. Clair), Lake Erie, and
Lake Ontario (including the St. Lawrence River to the 45th parallel
of latitude).
(b) Dredging levels
In operating and maintaining Federal channels and harbors of, and
the connecting channels between, the Great Lakes, the Secretary
shall conduct such dredging as is necessary to ensure minimal
operation depths consistent with the original authorized depths of
the channels and harbors when water levels in the Great Lakes are,
or are forecast to be, below the International Great Lakes Datum of
1985.
-SOURCE-
(Pub. L. 106-541, title III, Sec. 343, Dec. 11, 2000, 114 Stat.
2613.)
-CROSS-
"SECRETARY" DEFINED
Secretary means the Secretary of the Army, see section 2 of Pub.
L. 106-541, set out as a note under section 2201 of this title.
-End-
-CITE-
33 USC Sec. 426p 01/19/04
-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. 426p. Corps of Engineers
-STATUTE-
(a) Technical and other assistance
The Secretary of the Army may -
(1) provide emergency assistance to prevent or reduce damage
attributable to high water levels in the Great Lakes, including
provision of sandbags, sheeting, and stones and other armoring
devices (taking account of flooding and erosion of other property
which may be caused by such activity) but not including
construction of permanent structures;
(2) provide technical assistance to individuals and local
governments with respect to measures to prevent or reduce such
damage; and
(3) compile and disseminate information on -
(A) water levels of the Great Lakes,
(B) techniques for prevention or reduction of such damage,
and
(C) emergency relief available to persons who suffer economic
injury attributable to high water levels in the Great Lakes.
(b) Issuance of permits
(1) Consideration of flooding and erosion
In issuing a permit under -
(A) section 403 of this title; or
(B) section 1344 of this title;
for any activity carried out with assistance under this title,
the Secretary of the Army shall take account of flooding and
erosion of other property which may be caused by such activity.
(2) Bank stabilization
(A) General rule
In issuing permits under sections 403 and 1344 of this title
for a project involving dredging of any portion of the Great
Lakes, the Secretary of the Army shall, if feasible, encourage
for bank stabilization purposes the disposal of nonhazardous
compatible sand from such project on shorelines affected by
erosion.
(B) Consultation
In carrying out subparagraph (A), the Secretary of the Army
shall consult affected State and local governments.
-SOURCE-
(Pub. L. 100-707, title II, Sec. 203, Nov. 23, 1988, 102 Stat.
4712.)
-REFTEXT-
REFERENCES IN TEXT
This title, referred to in subsec. (b)(1), is title II of Pub. L.
100-707, Nov. 23, 1988, 102 Stat. 4711, known as the "Great Lakes
Planning Assistance Act of 1988". For complete classification of
this Act to the Code, see Short Title note below and Tables.
-MISC1-
SHORT TITLE
Section 201 of title II of Pub. L. 100-707 provided that: "This
title [enacting this section, amending sections 3501 to 3503 of
Title 16, Conservation, and enacting provisions set out as notes
under this section and sections 3501 and 3505 of Title 16] may be
cited as the 'Great Lakes Planning Assistance Act of 1988'."
GREAT LAKES DAMAGE ASSISTANCE AND PREVENTION; DAMAGE ASSISTANCE
PROGRAM
Section 202 of Pub. L. 100-707 provided that:
"(a) In General. - The Director is authorized to provide
assistance to Great Lakes States in the establishment of State
programs to reduce and prevent damage attributable to high water
levels in the Great Lakes.
"(b) Grants. - Upon application by a Great Lakes State within 1
year after the date of enactment of this Act [Nov. 23, 1988], the
Director may make a one-time grant to the State of not more than
$250,000 for use by the State for -
"(1) preparation of plans for mitigation, warning, emergency
operations, and emergency assistance;
"(2) coordination of available State and Federal assistance;
"(3) development and implementation of nonstructural measures
to reduce or prevent damage attributable to high water levels in
the Great Lakes, including establishment of setback requirements
and other conditions on construction and reconstruction of public
and private facilities, mapping of flooding zones, and technical
assistance; and
"(4) assisting local governments in developing and implementing
plans for nonstructural reduction and prevention of damages
attributable to high water levels in the Great Lakes.
"(c) Technical Assistance. - The Director may provide technical
assistance to Great Lakes States for carrying out any activity
carried out with assistance under this section.
"(d) State Matching. - A State which receives a grant under this
section shall match the grant with an amount of funds from
non-Federal sources equal to 25 percent of the amount of the grant.
"(e) Authorization. - There are authorized to be appropriated for
making grants under this section not more than $2,000,000 for
fiscal years beginning after September 30, 1988."
GREAT LAKES DAMAGE ASSISTANCE AND PREVENTION; DEFINITIONS
Section 205 of Pub. L. 100-707 provided that: "For purposes of
this title [see Short Title note above] -
"(1) Director. - The term 'Director' means the Director of the
Federal Emergency Management Agency.
"(2) High water levels. - The term 'high water levels' means
water levels above the long-term average of water levels from
1900.
"(3) Local government. - The term 'local government' means a
county, city, village, town, district, or other political
subdivision of a Great Lakes State and an Indian tribe or
authorized tribal organization.
"(4) Great lakes state. - The term 'Great Lakes State' means
Minnesota, Wisconsin, Illinois, Ohio, Michigan, Indiana,
Pennsylvania, and New York."
-End-
-CITE-
33 USC Secs. 427 to 430 01/19/04
-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-
Secs. 427 to 430. Repealed. July 31, 1945, ch. 334, Sec. 5, 59
Stat. 508
-MISC1-
Section 427, act June 26, 1936, ch. 849, Sec. 1, 49 Stat. 1982,
related to improvement and protection of beaches and defined
"beach".
Section 428, act June 26, 1936, ch. 849, Sec. 2, 49 Stat. 1982,
related to investigations by Beach Erosion Board and duties of
Board. See section 426-1 of this title.
Section 429, act June 26, 1936, ch. 849, Sec. 3, 49 Stat. 1983,
related to investigative reports by Beach Erosion Board. See
section 426-1 of this title.
Section 430, act June 26, 1936, ch. 849, Sec. 4, 49 Stat. 1983,
related to payment of expenses incident to investigations by Board.
See section 426-1 of this title.
-End-
-CITE-
33 USC SUBCHAPTER II - OIL POLLUTION OF COASTAL WATERS 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER II - OIL POLLUTION OF COASTAL WATERS
-HEAD-
SUBCHAPTER II - OIL POLLUTION OF COASTAL WATERS
-End-
-CITE-
33 USC Secs. 431 to 437 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER II - OIL POLLUTION OF COASTAL WATERS
-HEAD-
Secs. 431 to 437. Repealed. Pub. L. 91-224, title I, Sec. 108, Apr.
3, 1970, 84 Stat. 113
-MISC1-
Section 431, acts June 7, 1924, ch. 316, Sec. 1, 43 Stat. 604;
Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 211(a), 80 Stat. 1252,
related to the short title for this subchapter.
Section 432, acts June 7, 1924, ch. 316, Sec. 2, 43 Stat. 604;
Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 211(a), 80 Stat. 1252,
defined "oil," "person", "coastal navigable waters of the United
States", and "Secretary".
Section 433, acts June 7, 1924, ch. 316, Sec. 3, 43 Stat. 605;
Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 211(a), 80 Stat. 1253,
related to prohibition against discharge of oil generally.
Section 434, acts June 7, 1924, ch. 316, Sec. 4, 43 Stat. 605;
Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 211(a), 80 Stat. 1253,
related to penalties for violation of oil discharge prohibition and
liability of vessel.
Section 435, act June 7, 1924, ch. 316, Sec. 5, 43 Stat. 605;
1946 Reorg. Plan No. 3, Secs. 101-104, eff. July 16, 1946, 11 F.R.
7875, 60 Stat. 1097; act Nov. 3, 1966, Pub. L. 89-753, title II,
Sec. 211(a), 80 Stat. 1254, related to revocation or suspension of
licenses of officers of offending vessels.
Section 436, acts June 7, 1924, ch. 316, Sec. 7, 43 Stat. 605;
Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 211(a), 80 Stat. 1254,
related to authorization of use of certain personnel in enforcement
of this subchapter and arrest of offenders.
Section 437, acts June 7, 1924, ch. 316, Sec. 8, 43 Stat. 606;
Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 211(a), 80 Stat. 1254,
related to affect of this subchapter on preexisting laws for
preservation and protection of navigable waters.
See section 1251 et seq. of this title.
-End-
-CITE-
33 USC SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF
HAMPTON ROADS, AND HARBOR OF BALTIMORE 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND
HARBOR OF BALTIMORE
-HEAD-
SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND
HARBOR OF BALTIMORE
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 418, 1371 of this
title.
-End-
-CITE-
33 USC Sec. 441 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND
HARBOR OF BALTIMORE
-HEAD-
Sec. 441. Deposit of refuse prohibited; penalty
-STATUTE-
The placing, discharging, or depositing, by any process or in any
manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings,
sludge, acid, or any other matter of any kind, other than that
flowing from streets, sewers, and passing therefrom in a liquid
state, in the waters of any harbor subject to this subchapter,
within the limits which shall be prescribed by the supervisor of
the harbor, is strictly forbidden, and every such act is made a
misdemeanor, and every person engaged in or who shall aid, abet,
authorize, or instigate a violation of this section, shall, upon
conviction, be punishable by fine or imprisonment, or both, such
fine to be not less than $250 nor more than $2,500, and the
imprisonment to be not less than thirty days nor more than one
year, either or both united, as the judge before whom conviction is
obtained shall decide, one-half of said fine to be paid to the
person or persons giving information which shall lead to conviction
of this misdemeanor.
-SOURCE-
(June 29, 1888, ch. 496, Sec. 1, 25 Stat. 209; Pub. L. 85-802, Sec.
1(1), Aug. 28, 1958, 72 Stat. 970.)
-MISC1-
PRIOR PROVISIONS
Section 1 of act June 29, 1888, superseded act Aug. 5, 1886, ch.
929, Sec. 3, 24 Stat. 329, which provided that: "It shall not be
lawful to cast, throw, empty, or unlade, or cause, suffer, or
procure to be cast, thrown, emptied, or unladen, either from or out
of any ship, vessel, lighter, barge, boat, or other craft, or from
the shore, pier, wharf, or mills of any kind whatever, any ballast,
stone, slate, gravel, earth, slack, rubbish, wreck, filth, slabs,
edgings, sawdust, slag or cinders or other refuse or mill-waste of
any kind, into New York Harbor: Provided, That nothing herein
contained shall extend, or be construed to extend, to the casting
out, unlading, or throwing out of any ship or vessel, lighter,
barge, boat, or other craft, any stones, rocks, bricks, lime, or
other materials used, or to be used, in or toward the building,
repairing, or keeping in repair any quay, pier, wharf, weir,
bridge, building, or other work lawfully erected or to be erected
on the banks or sides of said harbor, or to the casting out,
unloading or depositing of any material excavated for the
improvement of navigable waters, into such places and in such
manner as may be deemed by the United States officer supervising
the improvement of said harbor most judicious and practicable and
for the best interests of such improvement."
AMENDMENTS
1958 - Pub. L. 85-802 substituted "waters of any harbor subject
to this subchapter," for "tidal waters of the harbor of New York,
or its adjacent or tributary waters, or in those of long Island
Sound,".
EFFECTIVE DATE OF 1958 AMENDMENT
Section 2 of Pub. L. 85-802 provided that: "This Act [amending
this section and sections 442, 446, 447, 449, 451, and 451a of this
title and enacting section 451b of this title] shall take effect on
the sixtieth day after the date of its enactment [Aug. 28, 1958]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 442, 443, 444 of this
title.
-End-
-CITE-
33 USC Sec. 442 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND
HARBOR OF BALTIMORE
-HEAD-
Sec. 442. Liability of officers of towing vessel
-STATUTE-
Any and every master and engineer, or person or persons acting in
such capacity, respectively, on board of any boat or vessel, who
shall knowingly engage in towing any scow, boat, or vessel loaded
with any such prohibited matter to any point or place of deposit,
or discharge in the waters of any harbor subject to this
subchapter, or to any point or place elsewhere than within the
limits defined and permitted by the supervisor of the harbor, shall
be deemed guilty of a violation of section 441 of this title, and
shall, upon conviction, be punishable as provided for offenses in
violation of section 441 of this title, and shall also have his
license revoked or suspended for a term to be fixed by the judge
before whom tried and convicted.
-SOURCE-
(June 29, 1888, ch. 496, Sec. 2, 25 Stat. 209; Pub. L. 85-802, Sec.
1(2), Aug. 28, 1958, 72 Stat. 970.)
-MISC1-
AMENDMENTS
1958 - Pub. L. 85-802 substituted "any harbor subject to this
subchapter" for "the harbor of New York, or in its adjacent or
tributary waters, or in those of Long Island Sound", and struck out
"hereinafter mentioned" after "supervisor of the harbor".
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-802 effective on sixtieth day after Aug.
28, 1958, see section 2 of Pub. L. 85-802, set out as a note under
section 441 of this title.
-End-
-CITE-
33 USC Sec. 443 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND
HARBOR OF BALTIMORE
-HEAD-
Sec. 443. Permit for dumping; penalty for taking or towing boat or
scow without permit
-STATUTE-
In all cases of receiving on board of any scows or boats such
forbidden matter or substance as described in section 441 of this
title, the owner or master, or person acting in such capacity on
board of such scows or boats, before proceeding to take or tow the
same to the place of deposit, shall apply for and obtain from the
supervisor of the harbor appointed, as provided in section 451 of
this title, a permit defining the precise limits within which the
discharge of such scows or boats may be made; and it shall not be
lawful for the owner or master, or person acting in such capacity,
of any tug or towboat to tow or move any scow or boat so loaded
with such forbidden matter until such permit shall have been
obtained; and every person violating the foregoing provisions of
this section shall be deemed guilty of a misdemeanor, and on
conviction thereof shall be punished by a fine of not more than
$1,000 nor less than $500, and in addition thereto the master of
any tug or towboat so offending shall have his license revoked or
suspended for a term to be fixed by the judge before whom tried and
convicted.
-SOURCE-
(June 29, 1888, ch. 496, Sec. 3, 25 Stat. 209; Aug. 18, 1894, ch.
299, Sec. 3, 28 Stat. 360; May 28, 1908, ch. 212, Sec. 8, 35 Stat.
426.)
-COD-
CODIFICATION
Section was enacted as part of section 3 of act June 29, 1888.
Said section 3 of act June 29, 1888, enacted sections 443 to 448 of
this title.
Section 3 of act June 29, 1888, as originally enacted, provided
as follows:
"In all cases of receiving on board of any scows or boats such
forbidden matter or substance as herein described, it shall be the
duty of the owner or master, or person acting in such capacity, on
board of such scows or boats, before proceeding to take or tow the
same to the place of deposit, to apply for and obtain from the
supervisor of the harbor appointed hereunder a permit defining the
precise limits within which the discharge of such scows or boats
may be made; and any deviation from such dumping or discharging
place specified in such permit shall be a misdemeanor within the
meaning of this act; and the master and engineer, or person or
persons acting in such capacity, on board of any towboat towing
such scows or boats, shall be equally guilty of such offense with
the master or person acting in the capacity of master of the scow,
and be liable to equal punishment."
Section 3 was amended by act Aug. 18, 1894, to read as follows:
"In all cases of receiving on board of any scows or boats such
forbidden matter or substance as herein described, the owner or
master, or person acting in such capacity on board of such scows or
boats, before proceeding to take or tow the same to the place of
deposit, shall apply for and obtain from the supervisor of the
harbor appointed hereunder a permit defining the precise limits
within which the discharge of such scows or boats may be made; and
it shall not be lawful for the owner or master, or person acting in
such capacity, of any tug or towboat to tow or move any scow or
boat so loaded with such forbidden matter until such permit shall
have been obtained; and every person violating the foregoing
provisions of this section shall be deemed guilty of a misdemeanor,
and on conviction thereof shall be punished by a fine of not more
than one thousand nor less than five hundred dollars, and in
addition thereto the master of any tug or towboat so offending
shall have his license revoked, or suspended for a term to be fixed
by the judge before whom tried and convicted. And any deviation
from such dumping or discharging place specified in such permit
shall be a misdemeanor, and the owner and master, or person acting
in the capacity of master, of any scows or boats dumping or
discharging such forbidden matter in any place other than that
specified in such permit shall be liable to punishment therefor as
provided in section one of the said Act of June twenty-ninth,
eighteen hundred and eighty-eight [section 441 of this title]; and
the owner and master, or person acting in the capacity of master,
of any tug or towboat towing such scows or boats shall be liable to
equal punishment with the owner and master, or person acting in the
capacity of master, of the scows or boats; and further, every
scowman or other employee on board of both scows and towboats shall
be deemed to have knowledge of the place of dumping specified in
such permit, and the owners and masters, or persons acting in the
capacity of masters, shall be liable to punishment, as aforesaid,
for any unlawful dumping, within the meaning of this Act or of the
said Act of June twenty-ninth, eighteen hundred and eighty-eight,
which may be caused by the negligence or ignorance of such scowman
or other employee; and, further, neither defect in machinery nor
avoidable accidents to scows or towboats, nor unfavorable weather,
nor improper handling or moving of scows or boats of any kind
whatsoever, shall operate to release the owners and masters and
employees of scows and towboats from the penalties hereinbefore
mentioned. Every scow or boat engaged in the transportation of
dredgings, earth, sand, mud, cellar dirt, garbage, or other
offensive material of any description shall have its name or number
and owner's name painted in letters and numbers at least fourteen
inches long on both sides of the scow or boat; these names and
numbers shall be kept distinctly legible at all times, and no scow
or boat not so marked shall be used to transport or dump any such
material. The supervisor of the harbor of New York, designated as
provided in section five of the said Act of June twenty-ninth,
eighteen hundred and eighty-eight [section 451 of this title], is
authorized and directed to appoint inspectors and deputy
inspectors, and, for the purpose of enforcing the provisions of
this Act and of the Act aforesaid, and of detecting and bringing to
punishment offenders against the same, the said supervisor of the
harbor, and the inspectors and deputy inspectors so appointed by
him, shall have power and authority: First. To arrest and take into
custody, with or without process, any person or persons who may
commit any of the acts or offenses prohibited by this section and
by the Act of June twenty-ninth, eighteen hundred and eighty-eight,
aforesaid, or who may violate any of the provisions of the same:
Provided, That no person shall be arrested without process for any
offense not committed in the presence of the supervisor or his
inspectors or deputy inspectors, or either of them: And provided
further, That whenever any such arrest is made the person or
persons so arrested shall be brought forthwith before a
commissioner, judge, or court of the United States for examination
of the offenses alleged against him; and such commissioner, judge,
or court shall proceed in respect thereto as authorized by law in
case of crimes against the United States. Second. To go on board of
any scow or towboat engaged in unlawful dumping of prohibited
material, or in moving the same without a permit as required in
this section of this Act, and to seize and hold said boats until
they are discharged by action of the commissioner, judge, or court
of the United States before whom the offending persons are brought.
Third. To arrest and take into custody any witness or witnesses to
such unlawful dumping of prohibited material, the said witnesses to
be released under proper bonds. Fourth. To go on board of any
towboat having in tow scows or boats loaded with such prohibited
material, and accompany the same to the place of dumping whenever
such action appears to be necessary to secure compliance with the
requirements of this Act and of the Act aforesaid. Fifth. To enter
gas and oil works and all other manufacturing works for the purpose
of discovering the disposition made of sludge, acid, or other
injurious material, whenever there is good reason to believe that
such sludge, acid, or other injurious material is allowed to run
into the tidal waters of the harbor in violation of section one of
the aforesaid Act of June twenty-ninth, eighteen hundred and
eighty-eight [section 441 of this title]. Every person who,
directly or indirectly, gives any sum of money or other bribe,
present, or reward or makes any offer of the same to any inspector,
deputy inspector, or other employee of the office of the supervisor
of the harbor with intent to influence such inspector, deputy
inspector, or other employee to permit or overlook any violation of
the provisions of this section or of the said Act of June
twenty-ninth, eighteen hundred and eighty-eight, shall, on
conviction thereof, be fined not less than five hundred dollars nor
more than one thousand dollars, and be imprisoned not less than six
months nor more than one year. Every permit issued in accordance
with the provisions of this section of this Act which may not be
taken up by an inspector or deputy inspector shall be returned
within forty-eight hours after issuance to the office of the
supervisor of the harbor; such permit shall bear an indorsement by
the master of the towboat, or the person acting in such capacity,
stating whether the permit has been used, and if so the time and
place of dumping. Any person violating the provisions of this
section shall be liable to a fine of not more than five hundred
dollars nor less than one hundred dollars."
Section 3 was further amended by act May 28, 1908, ch. 212, Sec.
8, to read as set forth in this section and sections 444 to 448 of
this title.
-End-
-CITE-
33 USC Sec. 444 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND
HARBOR OF BALTIMORE
-HEAD-
Sec. 444. Dumping at other place than designated dumping grounds;
penalty; person liable; excuses for deviation
-STATUTE-
Any deviation from such dumping or discharging place specified in
such permit shall be a misdemeanor, and the owner and master, or
person acting in the capacity of master, of any scows or boats
dumping or discharging such forbidden matter in any place other
than that specified in such permit shall be liable to punishment
therefor as provided in section 441 of this title; and the owner
and master, or person acting in the capacity of master, of any tug
or towboat towing such scows or boats shall be liable to equal
punishment with the owner and master, or person acting in the
capacity of master, of the scows or boats; and, further, every
scowman or other employee on board of both scows and towboats shall
be deemed to have knowledge of the place of dumping specified in
such permit, and the owners and masters, or persons acting in the
capacity of masters, shall be liable to punishment, as aforesaid,
for any unlawful dumping, within the meaning of this Act and this
subchapter, which may be caused by the negligence or ignorance of
such scowman or other employee; and, further, neither defect in
machinery nor avoidable accidents to scows or towboats, nor
unfavorable weather, nor improper handling or moving of scows or
boats of any kind whatsoever shall operate to release the owners
and master and employees of scows and towboats from the penalties
mentioned in section 441 of this title.
-SOURCE-
(June 29, 1888, ch. 496, Sec. 3, 25 Stat. 209; Aug. 18, 1894, ch.
299, Sec. 3, 28 Stat. 360; May 28, 1908, ch. 212, Sec. 8, 35 Stat.
426.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Aug. 18, 1894, ch. 299, 28
Stat. 356, as amended, which enacted sections 1, 31, and 452 of
this title and amended sections 443 to 448 and 499 of this title.
For complete classification of this Act to the Code, see Tables.
-COD-
CODIFICATION
Section was enacted as part of section 3 of act June 29, 1888.
Said section 3 of act June 29, 1888, enacted sections 443 to 448 of
this title. See Codification note set out under section 443 of this
title.
-End-
-CITE-
33 USC Sec. 445 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND
HARBOR OF BALTIMORE
-HEAD-
Sec. 445. Equipment and marking of boats or scows
-STATUTE-
Every scow or boat engaged in the transportation of dredgings,
earth, sand, mud, cellar dirt, garbage, or other offensive material
of any description shall have its name or number and owner's name
painted in letters and numbers at least fourteen inches long on
both sides of the scow or boat; these names and numbers shall be
kept distinctly legible at all times, and no scow or boat not so
marked shall be used to transport or dump any such material. Each
such scow or boat shall be equipped at all times with a life line
or rope extending at least the length of and three feet above the
deck thereof, such rope to be attached to the coaming thereof, also
with a life preserver and a life buoy for each person on board
thereof, also with anchor to weigh not less than two hundred and
seventy-five pounds, and at least one hundred feet of cable
attached thereto; a list of the names of all men employed on any
such scow or boat shall be kept by the owner or master thereof and
the said list shall be open to the inspection of all parties.
Failure to comply with any of the foregoing provisions shall render
the owner of such scow or boat liable upon conviction thereof to a
penalty of not more than $500: Provided, That the requirements in
regard to life line or rope contained in this section shall not
apply to any scow or boat the deck outside the coaming or rail of
which shall not exceed one foot in width: And provided further,
That on any such scow or boat its name or number and owner's name
painted in letters and numbers, at least fourteen inches long on
both ends of such scow or boat, shall be a compliance with the
provisions of this section in regard to name, number, and owner's
name.
-SOURCE-
(June 29, 1888, ch. 496, Sec. 3, 25 Stat. 209; Aug. 18, 1894, ch.
299, Sec. 3, 28 Stat. 360; May 28, 1908, ch. 212, Sec. 8, 35 Stat.
427; Feb. 16, 1909, ch. 132, 35 Stat. 623.)
-COD-
CODIFICATION
Section was enacted as part of section 3 of act June 29, 1888.
Said section 3 of act June 29, 1888, enacted sections 443 to 448 of
this title. See Codification note set out under section 443 of this
title.
Provisos are from act Feb. 16, 1909.
-End-
-CITE-
33 USC Sec. 446 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND
HARBOR OF BALTIMORE
-HEAD-
Sec. 446. Inspectors; appointment, powers, and duties
-STATUTE-
Each supervisor of a harbor is authorized and directed to appoint
inspectors and deputy inspectors, and for the purposes of enforcing
this subchapter and the Act of August 18, 1894, entitled "An Act
making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors, and for
other purposes" (28 Stat. 338), and of detecting and bringing to
punishment offenders against the same, the said supervisor of the
harbor, and the inspectors and deputy inspectors so appointed by
him, shall have power and authority.
First. To arrest and take into custody, with or without process,
any person or persons who may commit any of the acts or offenses
prohibited by this subchapter, or who may violate any of the
provisions of the same: Provided, That no person shall be arrested
without process for any offense not committed in the presence of
the supervisor or his inspectors or deputy inspectors, or either of
them: And provided further, That whenever any such arrest is made
the person or persons so arrested shall be brought forthwith before
a magistrate judge, judge, or court of the United States for
examination of the offenses alleged against him; and such
magistrate judge, judge, or court shall proceed in respect thereto
as authorized by law in case of crimes against the United States.
Second. To go on board of any scow or towboat engaged in unlawful
dumping of prohibited material, or in moving the same without a
permit, as required in sections 443 to 448 of this title, or
otherwise violating sections 443 to 448 of this title, and to seize
and hold said boats until they are discharged by action of the
magistrate judge, judge, or court of the United States before whom
the offending persons are brought.
Third. To arrest and take into custody any witness or witnesses
to such unlawful dumping of prohibited material, the said witnesses
to be released under proper bonds.
Fourth. To go on board of any towboat having in tow scows or
boats loaded with such prohibited material, and accompany the same
to the place of dumping, whenever such action appears to be
necessary to secure compliance with the requirements of this
subchapter and of the Act aforesaid.
Fifth. To enter gas and oil works and all other manufacturing
works for the purpose of discovering the disposition made of
sludge, acid, or other injurious material, whenever there is good
reason to believe that such sludge, acid, or other injurious
material is allowed to run into tidal waters of the harbor in
violation of section 441 of this title.
-SOURCE-
(June 29, 1888, ch. 496, Sec. 3, 25 Stat. 209; Aug. 18, 1894, ch.
299, Sec. 3, 28 Stat. 360; May 28, 1908, ch. 212, Sec. 8, 35 Stat.
427; Pub. L. 85-802, Sec. 1(3), Aug. 28, 1958, 72 Stat. 970; Pub.
L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118;
Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.
5117.)
-REFTEXT-
REFERENCES IN TEXT
Act of August 18, 1894, referred to in provision preceding First
paragraph, and Act aforesaid, referred to in Fourth paragraph, mean
act Aug. 18, 1894, ch. 299, 28 Stat. 356, as amended, which enacted
sections 1, 31, and 452 of this title and amended sections 443 to
448 and 499 of this title. For complete classification of this Act
to the Code, see Tables.
Sections 443 to 448 of this title, referred to in the Second
paragraph, were in the original "this section of this Act" meaning
section 3 of act June 29, 1888, which enacted sections 443 to 448
of this title. The provision of section 3 relating to issuance of
permits is classified to section 443 of this title.
-COD-
CODIFICATION
Section was enacted as part of section 3 of act June 29, 1888.
Said section 3 of act June 29, 1888, enacted sections 443 to 448 of
this title. See Codification note set out under section 443 of this
title.
-MISC1-
AMENDMENTS
1958 - Pub. L. 85-802 substituted "Each supervisor of a harbor is
authorized and directed to appoint inspectors and deputy
inspectors, and, for the purposes of enforcing this subchapter" for
"The supervisor of the harbor of New York, designated as provided
in section 451 of this title, is authorized and directed to appoint
inspectors and deputy inspectors, and for the purpose of enforcing
sections 1, 31, and this subchapter".
-CHANGE-
CHANGE OF NAME
"Magistrate judge" substituted in text for "magistrate" pursuant
to section 321 of Pub. L. 101-650, set out as a note under section
631 of Title 28, Judiciary and Judicial Procedure. Previously,
"magistrate" substituted for "commissioner" pursuant to Pub. L.
90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.
-MISC2-
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-802 effective on sixtieth day after Aug.
28, 1958, see section 2 of Pub. L. 85-802, set out as a note under
section 441 of this title.
-End-
-CITE-
33 USC Sec. 447 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND
HARBOR OF BALTIMORE
-HEAD-
Sec. 447. Bribery of inspector; penalty
-STATUTE-
Every person who, directly or indirectly, gives any sum of money
or other bribe, present, or reward, or makes any offer of the same
to any inspector, deputy inspector, or other employee of the office
of any supervisor of a harbor with intent to influence such
inspector, deputy inspector, or other employee to permit or
overlook any violation of the provisions of this subchapter, shall,
on conviction thereof, be fined not less than $500 nor more than
$1,000, and be imprisoned not less than six months nor more than
one year.
-SOURCE-
(June 29, 1888, ch. 496, Sec. 3, 25 Stat. 209; Aug. 18, 1894, ch.
299, Sec. 3, 28 Stat. 360; May 28, 1908, ch. 212, Sec. 8, 35 Stat.
428; Pub. L. 85-802, Sec. 1(4), Aug. 28, 1958, 72 Stat. 970.)
-COD-
CODIFICATION
Section was enacted as part of section 3 of act June 29, 1888.
Said section 3 of act June 29, 1888, enacted sections 443 to 448 of (continued)