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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)