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(continued)
this title. See Codification note set out under section 443 of this
title.
-MISC1-
AMENDMENTS
1958 - Pub. L. 85-802 substituted "any supervisor of a harbor"
for "the 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. 448 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. 448. Return of permit; penalty for failure to return
-STATUTE-
Every permit issued in accordance with the provisions of sections
443 to 448 of this title, which may not be taken up by an inspector
or deputy inspector, shall be returned within four days 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 $500 nor less than $100.
-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.)
-REFTEXT-
REFERENCES IN TEXT
Sections 443 to 448 of this title, referred to in text, 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.
-End-
-CITE-
33 USC Sec. 449 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. 449. Disposition of dredged matter; persons liable; penalty
-STATUTE-
All mud, dirt, sand, dredgings, and material of every kind and
description whatever taken, dredged, or excavated from any slip,
basin, or shoal in any harbor subject to this subchapter, and
placed on any boat, scow, or vessel for the purpose of being taken
or towed upon the waters of that harbor to a place of deposit,
shall be deposited and discharged at such place or within such
limits as shall be defined and specified by the supervisor of the
harbor, as in sections 443 to 448 of this title prescribed, and not
otherwise. Every person, firm, or corporation being the owner of
any slip, basin, or shoal, from which such mud, dirt, sand,
dredgings, and material shall be taken, dredged, or excavated, and
every person, firm, or corporation in any manner engaged in the
work of dredging or excavating any such slip, basin, or shoal, or
of removing such mud, dirt, sand, or dredgings therefrom, shall
severally be responsible for the deposit and discharge of all such
mud, dirt, sand, or dredgings at such place or within such limits
so defined and prescribed by said supervisor of the harbor; and for
every violation of the provisions of this section the person
offending shall be guilty of an offense, and shall be punished by a
fine equal to the sum of $5 for every cubic yard of mud, dirt,
sand, dredgings, or material not deposited or discharged as
required by this section.
-SOURCE-
(June 29, 1888, ch. 496, Sec. 4, 25 Stat. 210; Pub. L. 85-802, Sec.
1(5), Aug. 28, 1958, 72 Stat. 970.)
-REFTEXT-
REFERENCES IN TEXT
Sections 443 to 448 of this title, referred to in text, were in
the original "the third 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 specification of the limits
within which to discharge is classified to section 443 of this
title.
-COD-
CODIFICATION
Section was enacted as part of section 4 of act June 29, 1888,
which enacted sections 449 and 450 of this title.
-MISC1-
AMENDMENTS
1958 - Pub. L. 85-802 substituted "any harbor subject to this
subchapter" for "the harbor of New York, or the waters adjacent or
tributary thereto" and "the waters of that harbor" for "the waters
of the harbor of New York".
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. 450 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. 450. Liability of vessel
-STATUTE-
Any boat or vessel used or employed in violating any provision of
this subchapter, shall be liable to the pecuniary penalties imposed
thereby, and may be proceeded against, summarily by way of libel in
any district court of the United States having jurisdiction
thereof.
-SOURCE-
(June 29, 1888, ch. 496, Sec. 4, 25 Stat. 210.)
-COD-
CODIFICATION
Section was enacted as part of section 4 of act June 29, 1888,
which enacted sections 449 and 450 of this title.
-End-
-CITE-
33 USC Sec. 451 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. 451. Supervisor of harbor; appointment and duties
-STATUTE-
An officer of the Corps of Engineers shall, for each harbor
subject to this subchapter, be designated by the Secretary of the
Army as supervisor of the harbor, to act under the direction of the
Chief of Engineers in enforcing the provisions of this subchapter,
and in detecting offenders against the same. Each such officer
shall have personal charge and supervision under the Chief of
Engineers, and shall direct the patrol boats and other means to
detect and bring to punishment offenders against the provisions of
this subchapter.
-SOURCE-
(June 29, 1888, ch. 496, Sec. 5, 25 Stat. 210; July 26, 1947, ch.
343, title II, Sec. 205(a), 61 Stat. 501; June 29, 1949, ch. 278,
63 Stat. 300; July 12, 1952, ch. 707, 66 Stat. 596; Pub. L. 85-802,
Sec. 1(6), Aug. 28, 1958, 72 Stat. 970.)
-MISC1-
AMENDMENTS
1958 - Pub. L. 85-802 inserted "for each harbor subject to this
subchapter," and substituted "Each such officer" for "This
officer".
1952 - Act July 12, 1952, transferred enforcement
responsibilities of this section from a Naval officer to the Army
district engineer at New York.
1949 - Act June 29, 1949, struck out "shall receive the sea-pay
of his grade and" after "this officer".
-CHANGE-
CHANGE OF NAME
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a)
of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
enacted "Title 10, Armed Forces" which in sections 3010 to 3013
continued Department of the Army under administrative supervision
of Secretary of the Army.
-MISC2-
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. 451a 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. 451a. Harbors subject to this subchapter
-STATUTE-
The following harbors shall be subject to this subchapter:
(1) The harbor of New York.
(2) The harbor of Hampton Roads.
(3) The harbor of Baltimore.
-SOURCE-
(June 29, 1888, ch. 496, Sec. 6, 25 Stat. 210; Pub. L. 85-802, Sec.
1(7), Aug. 28, 1958, 72 Stat. 970.)
-MISC1-
AMENDMENTS
1958 - Pub. L. 85-802 substituted provisions making harbors of
New York, Hampton Roads, and Baltimore subject to this subchapter
for appropriation provisions.
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. 451b 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. 451b. Waters included within subchapter
-STATUTE-
For the purposes of this subchapter -
(1) The term "harbor of New York" means the tidal waters of the
harbor of New York, its adjacent and tributary waters, and those of
Long Island Sound.
(2) The term "harbor of Hampton Roads" means the tidal waters of
the harbors of Norfolk, Portsmouth, Newport News, Hampton Roads,
and their adjacent and tributary waters, so much of the Chesapeake
Bay and its tributaries as lies within the State of Virginia, and
so much of the Atlantic Ocean and its tributaries as lies within
the jurisdiction of the United States within or to the east of the
State of Virginia.
(3) The term "harbor of Baltimore" means the tidal waters of the
harbor of Baltimore and its adjacent and tributary waters, and so
much of Chesapeake Bay and its tributaries as lies within the State
of Maryland.
-SOURCE-
(June 29, 1888, ch. 496, Sec. 7, as added Pub. L. 85-802, Sec.
1(8), Aug. 28, 1958, 72 Stat. 970.)
-MISC1-
EFFECTIVE DATE
Section effective on sixtieth day after Aug. 28, 1958, see
section 2 of Pub. L. 85-802, set out as an Effective Date of 1958
Amendment note under section 441 of this title.
-End-
-CITE-
33 USC Sec. 452 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. 452. Taking shellfish or otherwise interfering with navigation
in New York Harbor channels; penalty; arrest and procedure
-STATUTE-
It shall be unlawful for any person or persons to engage in
fishing or dredging for shellfish in any of the channels leading to
and from the harbor of New York, or to interfere in any way with
the safe navigation of those channels by ocean steamships and ships
of deep draft.
Any person or persons violating the foregoing provisions of this
section shall be deemed guilty of a misdemeanor, and on conviction
thereof shall be punished by fine or imprisonment, or both, such
fine to be not more than $250 nor less than $50, and the
imprisonment to be not more than six months nor less than thirty
days, either or both united, as the judge before whom conviction is
obtained shall decide.
It shall be the duty of the United States supervisor of the
harbor to enforce this section, and the deputy inspectors of the
said supervisor shall have authority 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:
Provided, That no person shall be arrested without process for any
offense not committed in the presence of the supervisor or his
inspector 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.
-SOURCE-
(Aug. 18, 1894, ch. 299, Sec. 2, 28 Stat. 360; Pub. L. 90-578,
title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L.
101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
-COD-
CODIFICATION
Section was not enacted as part of act June 29, 1888, ch. 496, 25
Stat. 209, which comprises 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" was substituted for "commissioner" pursuant to Pub. L.
90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.
-End-
-CITE-
33 USC Sec. 453 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. 453. Regulations for navigation of Ambrose Channel; exclusion
of tows and sailing vessels
-STATUTE-
The Secretary of the Army is authorized to make such rules and
regulations for the navigation of Ambrose Channel as he may deem
necessary or expedient to insure its safe use in all kinds of
weather, night and day, for all vessels under control and running
under their own power, and to this end he may, in his discretion,
forbid its use to tows of every description and to sailing vessels.
-SOURCE-
(Mar. 4, 1913, ch. 144, Sec. 1, 37 Stat. 803; July 26, 1947, ch.
343, title II, Sec. 205(a), 61 Stat. 501.)
-COD-
CODIFICATION
Section was not enacted as part of act June 29, 1888, ch. 496, 25
Stat. 209, which comprises this subchapter.
-CHANGE-
CHANGE OF NAME
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a)
of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
enacted "Title 10, Armed Forces" which in sections 3010 to 3013
continued Department of the Army under administrative supervision
of Secretary of the Army.
-End-
-CITE-
33 USC Sec. 454 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. 454. Consent of Congress to obstruction of waters by New York
City
-STATUTE-
The consent of Congress is given to the city of New York, in the
State of New York, to obstruct navigation of any river or other
waterway which does not form a connecting link between other
navigable waters of the United States, and lying wholly within the
limits of said city, by closing all or any portion of the same or
by building structures in or over the same when the said city shall
be lawfully authorized to do so by the State of New York: Provided,
however, That any such obstruction shall be unlawful unless the
location and plans for the proposed work or works before the
commencement thereof shall have been filed with and approved by the
Secretary of the Army and Chief of Engineers; and when the plans
for any such obstruction have been approved by the Chief of
Engineers and by the Secretary of the Army it shall not be lawful
to deviate from such plans either before or after the completion of
such obstruction, unless the modification of such plans has
previously been submitted to and received the approval of the Chief
of Engineers and the Secretary of the Army: And provided further,
That the city of New York shall be liable for any damage that may
be inflicted upon private property by reason of any of the
provisions of this section.
The right to alter, amend, or repeal this section is expressly
reserved, and the United States shall incur no liability for the
alteration, amendment, or repeal thereof to the city of New York,
or to the owner or owners, or any other persons interested in any
obstruction which shall have been constructed under its provisions.
-SOURCE-
(June 25, 1910, ch. 436, Secs. 1, 2, 36 Stat. 866, 867; July 26,
1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)
-COD-
CODIFICATION
Section was not enacted as part of act June 29, 1888, ch. 496, 25
Stat. 209, which comprises this subchapter.
-CHANGE-
CHANGE OF NAME
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a)
of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
enacted "Title 10, Armed Forces" which in sections 3010 to 3013
continued Department of the Army under administrative supervision
of Secretary of the Army.
-TRANS-
TRANSFER OF FUNCTIONS
Functions, powers, and duties of Secretary of the Army and other
offices and officers of Department of the Army under section 401 of
this title to extent that they relate generally to location and
clearances of bridges and causeways in navigable waters of United
States transferred to and vested in Secretary of Transportation by
Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub.
L. 97-449 amended section 401 of this title to reflect transfer
made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section
6(g)(6)(A).
-End-
-CITE-
33 USC SUBCHAPTER IV - POTOMAC RIVER AND TRIBUTARIES IN
DISTRICT OF COLUMBIA 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER IV - POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF
COLUMBIA
-HEAD-
SUBCHAPTER IV - POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF
COLUMBIA
-End-
-CITE-
33 USC Secs. 461 to 464 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER IV - POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF
COLUMBIA
-HEAD-
Secs. 461 to 464. Repealed. Mar. 3, 1901, ch. 854, Sec. 1636, 31
Stat. 1434
-MISC1-
Section 461, act May 19, 1896, ch. 208, Sec. 1, 29 Stat. 126,
prohibited deposit of ballast, dirt, ashes or oyster shells into
Potomac River except for purpose of making a wharf and then only
after approval.
Section 462, act May 19, 1896, ch. 208, Sec. 2, 29 Stat. 127,
prohibited deposit of dead fish, dead animals, fruits, vegetables,
ice, snow, filth or trash of any kind into Potomac River.
Section 463, act May 19, 1896, ch. 208, Sec. 3, 29 Stat. 127,
related to penalties.
Section 464, act May 19, 1896, ch. 208, Sec. 4, 29 Stat. 127,
provided that none of these provisions be construed to interfere
with any work or improvements in harbor or river area.
-End-
-CITE-
33 USC SUBCHAPTER V - NAVIGABLE WATERS OF MARYLAND 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER V - NAVIGABLE WATERS OF MARYLAND
-HEAD-
SUBCHAPTER V - NAVIGABLE WATERS OF MARYLAND
-End-
-CITE-
33 USC Sec. 465 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER V - NAVIGABLE WATERS OF MARYLAND
-HEAD-
Sec. 465. Authority to dredge; riparian rights of United States
-STATUTE-
Subject to the provisions of section 403 of this title authority
is granted to dredge, without cost to the United States, in the
navigable waters of the United States included within the State of
Maryland and outside the limits of projects for improvement of
navigation facilities approved by Congress, regardless of rights
accruing to the United States as riparian owner under the laws of
the State of Maryland: Provided, That in the opinion of the Chief
of Engineers such dredging will improve facilities for navigation.
-SOURCE-
(July 3, 1930, ch. 847, Sec. 12, 46 Stat. 949.)
-End-
-CITE-
33 USC SUBCHAPTER VI - WATER POLLUTION CONTROL 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VI - WATER POLLUTION CONTROL
-HEAD-
SUBCHAPTER VI - WATER POLLUTION CONTROL
-End-
-CITE-
33 USC Secs. 466 to 466g 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VI - WATER POLLUTION CONTROL
-HEAD-
Secs. 466 to 466g. Transferred
-COD-
CODIFICATION
Sections 466 to 466g of this title were transferred to sections
1151 to 1160 of this title and were subsequently omitted in the
general amendment of the Federal Water Pollution Control Act by
Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816. See section
1251 et seq. of this title.
Section 466, acts June 30, 1948, ch. 758, Sec. 1, 62 Stat. 1155;
July 9, 1956, ch. 518, Sec. 1, 70 Stat. 498; July 20, 1961, Pub. L.
87-88, Sec. 1(a), 75 Stat. 204; Oct. 2, 1965, Pub. L. 89-234, Sec.
1(a), 79 Stat. 903; 1966 Reorg. Plan No. 2, eff. May 10, 1966,
Secs. 1(a), (e)(1), 5, 31 F.R. 6857, 80 Stat. 1608, which related
to Congressional declaration of policy, was transferred to section
1151 of this title.
Section 466-1, act June 30, 1948, ch. 758, Sec. 2, as added Oct.
2, 1965, Pub. L. 89-234, Sec. 2(a), 79 Stat. 903; amended 1966
Reorg. Plan. No. 2, eff. May 10, 1966, Sec. 1(a), (b), 31 F.R.
6857, 80 Stat. 1608; Apr. 3, 1970, Pub. L. 91-224, title I, Sec.
110(a), 84 Stat. 113, which provided for a Federal Water Quality
Administration, was transferred to section 1152 of this title.
Section 466a, acts June 30, 1948, ch. 758, Sec. 3, formerly Sec.
2, 62 Stat. 1155; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 498; July
20, 1961, Pub. L. 87-88, Secs. 1(b), 2, 75 Stat. 204; renumbered
Sec. 3, Oct. 2, 1965, Pub. L. 89-234, Sec. 2(a), 79 Stat. 903; Nov.
3, 1966, Pub. L. 89-753, title I, Sec. 101, 80 Stat. 1246, which
provided for comprehensive water pollution programs, was
transferred to section 1153 of this title.
Section 466b, acts June 30, 1948, ch. 758, Sec. 4, formerly Sec.
3, 62 Stat. 1157; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 498; July
20, 1961, Pub. L. 87-88, Sec. 1(b), 75 Stat. 204; renumbered Sec.
4, Oct. 2, 1965, Pub. L. 89-234, Sec. 2(a), 79 Stat. 903, which
provided for interstate cooperation, was transferred to section
1154 of this title.
Section 466c, acts June 30, 1948, ch. 758, Sec. 5, formerly Sec.
4, 62 Stat. 1158; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 499; July
20, 1961, Pub. L. 87-88, Secs. 1(b), (c), 3, 75 Stat. 204, 205;
renumbered Sec. 5, Oct. 2, 1965, Pub. L. 89-234, Sec. 2(a), 79
Stat. 903; 1966 Reorg. Plan No. 2, eff. May 10, 1966, Sec. 1(a), 31
F.R. 6857, 80 Stat. 1608; Nov. 3, 1966, Pub. L. 89-753, title II,
Sec. 201(b), (c)(1), 80 Stat. 1247, 1248; Apr. 3, 1970, Pub. L.
91-224, title I, Sec. 105, 84 Stat. 111, which provided for
research, experiments, and studies, was transferred to section 1155
of this title.
Section 466c-1, act June 30, 1948, ch. 758, Sec. 6, as added Oct.
2, 1965, Pub. L. 89-234, Sec. 3, 79 Stat. 905; amended Nov. 3,
1966, Pub. L. 89-753, title II, Sec. 201(a), 80 Stat. 1246; Apr. 3,
1970, Pub. L. 91-224, title I, Sec. 106, 84 Stat. 113, which
provided grants for research and development, was transferred to
section 1156 of this title.
Section 466d, acts June 30, 1948, ch. 758, Sec. 7, formerly Sec.
5, 62 Stat. 1158; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 499; June
25, 1959, Pub. L. 86-70, Sec. 28(a), 73 Stat. 148; July 12, 1960,
Pub. L. 86-624, Sec. 23(a), 74 Stat. 417; July 20, 1961, Pub. L.
87-88, Secs. 1(b), 4(a), (b), 75 Stat. 204, 205; renumbered Sec. 7
and amended Oct. 2, 1965, Pub. L. 89-234, Secs. 2(a), 7(a), 79
Stat. 903, 910; Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 202,
80 Stat. 1248, which provided grants for water pollution control
programs, was transferred to section 1157 of this title.
Section 466e, acts June 30, 1948, ch. 758, Sec. 8, formerly Sec.
6, 62 Stat. 1158; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 502; July
20, 1961, Pub. L. 87-88, Secs. 1(b), 5, 75 Stat. 204, 206;
renumbered Sec. 8 and amended Oct. 2, 1965, Pub. L. 89-234, Secs.
2(a), 4, 7(b), 79 Stat. 903, 906, 910; Nov. 3, 1966, Pub. L.
89-753, title II, Secs. 203(a), 204, 205, 80 Stat. 1248-1250; Apr.
3, 1970, Pub. L. 91-224, title I, Sec. 111, 84 Stat. 113, which
provided grants for construction of sewerage treatment works, was
transferred to section 1158 of this title.
Section 466f, acts June 30, 1948, ch. 758, Sec. 9, formerly Sec.
7, 62 Stat. 1159; July 17, 1952, ch. 927, 66 Stat. 755; July 9,
1956, ch. 518, Sec. 1, 70 Stat. 503; July 20, 1961, Pub. L. 87-88,
Secs. 1(b)-(d), 6(a), (b), 75 Stat. 204, 207; renumbered Sec. 9,
Oct. 2, 1965, Pub. L. 89-234, Sec. 2(a), 79 Stat. 903; 1966 Reorg.
Plan No. 2, eff. May 10, 1966, Sec. 1(a), (c)(1), (2), 31 F.R.
6857, 80 Stat. 1608, which provided for a Water Pollution Control
Advisory Board, was transferred to section 1159 of this title.
Section 466g, acts June 30, 1948, ch. 758, Sec. 10, formerly Sec.
8, 62 Stat. 1159; July 17, 1952, ch. 927, 66 Stat. 755; July 9,
1956, ch. 518, Sec. 1, 70 Stat. 504; July 20, 1961, Pub. L. 87-88,
Secs. 1(b), 7, 75 Stat. 204, 207; renumbered Sec. 10 and amended
Oct. 2, 1965, Pub. L. 89-234, Secs. 2(a), 5, 7(c), (d), 79 Stat.
903, 907, 910; 1966 Reorg. Plan No. 2, eff. May 10, 1966, Sec.
1(a), (d)(1), (2), 31 F.R. 6857, 80 Stat. 1608; Nov. 3, 1966, Pub.
L. 89-753, title II, Secs. 206-208, 80 Stat. 1250; Apr. 3, 1970,
Pub. L. 91-224, title I, Sec. 112, 84 Stat. 114, which provided for
enforcement measures against pollution of interstate or navigable
waters, was transferred to section 1160 of this title.
-End-
-CITE-
33 USC Sec. 466g-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 VI - WATER POLLUTION CONTROL
-HEAD-
Sec. 466g-1. Controversies involving construction or application of
interstate compacts and pollution of waters
-STATUTE-
(a) Jurisdiction of actions by States
The United States district courts shall have original
jurisdiction (concurrent with that of the Supreme Court of the
United States, and concurrent with that of any other court of the
United States or of any State of the United States in matters in
which the Supreme Court, or any other court, has original
jurisdiction) of any case or controversy -
(1) which involves the construction or application of an
interstate compact which (A) in whole or in part relates to the
pollution of the waters of an interstate river system or any
portion thereof, and (B) expresses the consent of the States
signatory to said compact to be sued in a district court in any
case or controversy involving the application or construction
thereof; and
(2) which involves pollution of the waters of such river
system, or any portion thereof, alleged to be in violation of the
provisions of said compact; and
(3) in which one or more of the States signatory to said
compact is a plaintiff or plaintiffs; and
(4) which is within the judicial power of the United States as
set forth in the Constitution of the United States.
(b) Amount in controversy; residence, situs or citizenship; nature,
character, or legal status of parties
The district courts shall have original jurisdiction of a case or
controversy such as is referred to in subsection (a) of this
section, without any requirement, limitation, or regard as to the
sum or value of the matter in controversy, or of the place of
residence or situs or citizenship, or of the nature, character, or
legal status, of any of the proper parties plaintiff or defendant
in said case or controversy other than the signatory State or
States plaintiff or plaintiffs referred to in paragraph (3) of
subsection (a) of this section: Provided, That nothing in this
section shall be construed as authorizing a State to sue its own
citizens in said courts.
(c) Suits between States signatory to interstate compact
The original jurisdiction conferred upon the district courts by
this section shall include, but not be limited to, suits between
States signatory to such interstate compact: Provided, That nothing
in this section shall be construed as authorizing a State to sue
another State which is not a signatory to such compact in said
courts.
(d) Venue
The venue of such case or controversy shall be as prescribed by
law: Provided, That in addition thereto, such case or controversy
may be brought in in any judicial district in which the acts of
pollution complained of, or any portion thereof, occur, regardless
of the place or places of residence, or situs, of any of the
parties plaintiff or defendant.
-SOURCE-
(Pub. L. 87-830, Sec. 1, Oct. 15, 1962, 76 Stat. 957.)
-MISC1-
SEPARABILITY
Section 2 of Pub. L. 87-830 provided that: "If any part or
application of this Act [this section] should be declared invalid
by a court of competent jurisdiction, said invalidity shall not
affect the other parts, or the other applications, of said Act."
-End-
-CITE-
33 USC Secs. 466h to 466l 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VI - WATER POLLUTION CONTROL
-HEAD-
Secs. 466h to 466l. Transferred
-COD-
CODIFICATION
Sections 466h to 466l of this title were transferred to sections
1171 to 1175 of this title and were subsequently omitted in the
general amendment of the Federal Water Pollution Control Act by
Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816. See section
1251 et seq. of this title.
Section 466h, acts June 30, 1948, ch. 758, Sec. 21, formerly Sec.
9, 62 Stat. 1160; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 506; July
20, 1961, Pub. L. 87-88, Sec. 8, 75 Stat. 210; renumbered Sec. 11
and amended Oct. 2, 1965, Pub. L. 89-234, Secs. 2(a), 7(e), 79
Stat. 903, 910; 1966 Reorg. Plan No. 2, eff. May 10, 1966, Sec.
1(a), 31 F.R. 6857, 80 Stat. 1608; renumbered Sec. 21 and amended
Apr. 3, 1970, Pub. L. 91-224, title I, Secs. 102, 103, 84 Stat. 91,
107, which provided for cooperation by all Federal agencies in
pollution control, was transferred to section 1171 of this title.
Section 466i, acts June 30, 1948, ch. 758, Sec. 22, formerly Sec.
10, 62 Stat. 1160; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 506;
July 20, 1961, Pub. L. 87-88, Sec. 1(b), (d), (e), 75 Stat. 204;
renumbered Sec. 12 and amended Oct. 2, 1965, Pub. L. 89-234, Secs.
2(a), 6, 79 Stat. 903, 909; 1966 Reorg. Plan No. 2, eff. May 10,
1966, Sec. 1(a), 31 F.R. 6857, 80 Stat. 1608; renumbered Sec. 22
and amended Apr. 3, 1970, Pub. L. 91-224, title I, Secs. 102, 104,
84 Stat. 91, 110, which provided for rules and regulations, was
transferred to section 1172 of this title.
Section 466j, acts June 30, 1948, ch. 758, Sec. 23, formerly Sec.
11, 62 Stat. 1161; July 9, 1956, ch. 518, Sec. 1, 70 Stat. 506;
June 25, 1959, Pub. L. 86-70, Sec. 28(b), 73 Stat. 148; July 12,
1960, Pub. L. 86-624, Sec. 23(b), 74 Stat. 418; July 20, 1961, Pub.
L. 87-88, Sec. 9, 75 Stat. 210; renumbered Sec. 13, Oct. 2, 1965,
Pub. L. 89-234, Sec. 2(a), 79 Stat. 903; Nov. 3, 1966, Pub. L.
89-753, title II, Sec. 209, 80 Stat. 1251; renumbered Sec. 23, Apr.
3, 1970, Pub. L. 91-224, title I, Sec. 102, 84 Stat. 91, which
related to definitions, was transferred to section 1173 of this
title.
Section 466k, act June 30, 1948, ch. 758, Sec. 24, formerly Sec.
12, as added July 9, 1956, ch. 518, Sec. 1, 70 Stat. 506;
renumbered Sec. 14, Oct. 2, 1965, Pub. L. 89-234, Sec. 2(a), 79
Stat. 903; renumbered Sec. 24 and amended Apr. 3, 1970, Pub. L.
91-224, title I, Secs. 102, 107, 84 Stat. 91, 113, which related to
application of other laws, was transferred to section 1174 of this
title.
Section 466l, act June 30, 1948, ch. 758, Sec. 26, formerly Sec.
16, as added Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 210, 80
Stat. 1252; renumbered Sec. 26, Apr. 3, 1970, Pub. L. 91-224, title
I, Sec. 102, 84 Stat. 91, which provided for studies and analysis
of costs estimates and reports to Congress, was transferred to
section 1175 of this title.
-End-
-CITE-
33 USC Secs. 466m, 466n 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VI - WATER POLLUTION CONTROL
-HEAD-
Secs. 466m, 466n. Repealed. Pub. L. 91-224, title I, Sec. 102, Apr.
3, 1970, 84 Stat. 91
-MISC1-
Section 466m, act June 30, 1948, ch. 758, Sec. 17, as added Nov.
3, 1966, Pub. L. 89-753, title II, Sec. 210, 80 Stat. 1252,
authorized a study by Secretary of the Interior, and a report to
Congress not later than July 1, 1967, of the extent of pollution of
the navigable waters of the United States from litter and sewage
deposited into such waters from watercraft.
Section 466n, act June 30, 1948, ch. 758, Sec. 18, as added Nov.
3, 1966, Pub. L. 89-753, title II, Sec. 210, 80 Stat. 1252,
authorized a study by Secretary of the Interior, and a report to
Congress not later than Jan. 30, 1968, relating to incentives,
including, but not limited to, tax and other financial incentives,
to assist in the construction of industrial anti-pollution
facilities.
-End-
-CITE-
33 USC SUBCHAPTER VII - DAM INSPECTION PROGRAM 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM
-HEAD-
SUBCHAPTER VII - DAM INSPECTION PROGRAM
-End-
-CITE-
33 USC Sec. 467 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM
-HEAD-
Sec. 467. Definitions
-STATUTE-
In this subchapter, the following definitions apply:
(1) Board
The term "Board" means a National Dam Safety Review Board
established under section 467f(f) of this title.
(2) Dam
The term "dam" -
(A) means any artificial barrier that has the ability to
impound water, wastewater, or any liquid-borne material, for
the purpose of storage or control of water, that -
(i) is 25 feet or more in height from -
(I) the natural bed of the stream channel or watercourse
measured at the downstream toe of the barrier; or
(II) if the barrier is not across a stream channel or
watercourse, from the lowest elevation of the outside limit
of the barrier;
to the maximum water storage elevation; or
(ii) has an impounding capacity for maximum storage
elevation of 50 acre-feet or more; but
(B) does not include -
(i) a levee; or
(ii) a barrier described in subparagraph (A) that -
(I) is 6 feet or less in height regardless of storage
capacity; or
(II) has a storage capacity at the maximum water storage
elevation that is 15 acre-feet or less regardless of
height;
unless the barrier, because of the location of the barrier or
another physical characteristic of the barrier, is likely to
pose a significant threat to human life or property if the
barrier fails (as determined by the Director).
(3) Director
The term "Director" means the Director of FEMA.
(4) Federal agency
The term "Federal agency" means a Federal agency that designs,
finances, constructs, owns, operates, maintains, or regulates the
construction, operation, or maintenance of a dam.
(5) Federal Guidelines for Dam Safety
The term "Federal Guidelines for Dam Safety" means the FEMA
publication, numbered 93 and dated June 1979, that defines
management practices for dam safety at all Federal agencies.
(6) FEMA
The term "FEMA" means the Federal Emergency Management Agency.
(7) Hazard reduction
The term "hazard reduction" means the reduction in the
potential consequences to life and property of dam failure.
(8) ICODS
The term "ICODS" means the Interagency Committee on Dam Safety
established by section 467e of this title.
(9) Program
The term "Program" means the national dam safety program
established under section 467f of this title.
(10) State
The term "State" means each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and any other territory or
possession of the United States.
(11) State dam safety agency
The term "State dam safety agency" means a State agency that
has regulatory authority over the safety of non-Federal dams.
(12) State dam safety program
The term "State dam safety program" means a State dam safety
program approved and assisted under section 467f(e) of this
title.
(13) United States
The term "United States", when used in a geographical sense,
means all of the States.
-SOURCE-
(Pub. L. 92-367, Sec. 2, as added Pub. L. 104-303, title II, Sec.
215(c)(4), Oct. 12, 1996, 110 Stat. 3685; amended Pub. L. 107-310,
Sec. 3(e)(2), Dec. 2, 2002, 116 Stat. 2451.)
-MISC1-
PRIOR PROVISIONS
A prior section 467, Pub. L. 92-367, Sec. 1, Aug. 8, 1972, 86
Stat. 506; Pub. L. 99-662, title XII, Sec. 1201(a), Nov. 17, 1986,
100 Stat. 4260, defined term "dam" as used in this subchapter,
prior to repeal by Pub. L. 104-303, Sec. 215(c)(1).
A prior section 2 of Pub. L. 92-367 was renumbered section 3 by
section 215(c)(3) of Pub. L. 104-303 and is classified to section
467a of this title.
AMENDMENTS
2002 - Par. (1). Pub. L. 107-310, Sec. 3(e)(2)(A), substituted
"section 467f(f)" for "section 467f(h)".
Par. (12). Pub. L. 107-310, Sec. 3(e)(2)(B), substituted "section
467f(e)" for "section 467f(f)".
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-310, Sec. 1(a), Dec. 2, 2002, 116 Stat. 2450,
provided that: "This Act [enacting section 467g-1 of this title and
amending this section and sections 467e to 467g and 467h to 467j of
this title] may be cited as the 'Dam Safety and Security Act of
2002'."
SHORT TITLE OF 1986 AMENDMENT
Section 1206 of title XII of Pub. L. 99-662 provided that: "This
title [enacting sections 467f to 467n and 2311 of this title and
amending this section and sections 467a and 467b of this title] may
be cited as the 'Dam Safety Act of 1986'."
SHORT TITLE
Section 1 of Pub. L. 92-367, as added by Pub. L. 104-303, title
II, Sec. 215(c)(1), Oct. 12, 1996, 110 Stat. 3685, provided that:
"This Act [enacting this subchapter] may be cited as the 'National
Dam Safety Program Act'."
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
-MISC2-
CONGRESSIONAL STATEMENT OF PURPOSE; NATIONAL DAM SAFETY PROGRAM
Section 215(a) of Pub. L. 104-303 provided that: "The purpose of
this section [enacting this section and sections 467d to 467j of
this title, amending sections 467a to 467c of this title and
section 3802 of Title 25, Indians, repealing former sections 467
and 467d to 467m of this title, and enacting provisions set out as
notes under this section] is to reduce the risks to life and
property from dam failure in the United States through the
establishment and maintenance of an effective national dam safety
program to bring together the expertise and resources of the
Federal and non-Federal communities in achieving national dam
safety hazard reduction. It is not the intent of this section to
preempt any other Federal or State authorities nor is it the intent
of this section to mandate State participation in the grant
assistance program to be established under this section."
EFFECT ON OTHER DAM SAFETY PROGRAMS
Section 215(b) of Pub. L. 104-303 provided that: "Nothing in this
section (including the amendments made by this section) [enacting
this section and sections 467d to 467j of this title, amending
sections 467a to 467c of this title and section 3802 of Title 25,
Indians, repealing former sections 467 and 467d to 467m of this
title, and enacting provisions set out as notes under this section]
shall preempt or otherwise affect any dam safety program of a
Federal agency other than the Federal Emergency Management Agency,
including any program that regulates, permits, or licenses any
activity affecting a dam."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 25 section 3802.
-End-
-CITE-
33 USC Sec. 467a 01/19/04
-EXPCITE-
TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER VII - DAM INSPECTION PROGRAM
-HEAD-
Sec. 467a. Inspection of dams
-STATUTE-
(a) In general
As soon as practicable, the Secretary of the Army, acting through
the Chief of Engineers, shall carry out a national program of
inspection of dams for the purpose of protecting human life and
property. All dams in the United States shall be inspected by the
Secretary except (1) dams under the jurisdiction of the Bureau of
Reclamation, the Tennessee Valley Authority, or the International
Boundary and Water Commission, (2) dams which have been constructed
pursuant to licenses issued under the authority of the Federal
Power Act [16 U.S.C. 791a et seq.], (3) dams which have been
inspected within the twelve-month period immediately prior to
August 8, 1972, by a State agency and which the Governor of such
State requests be excluded from inspection, and (4) dams which the
Secretary of the Army determines do not pose any threat to human
life or property. The Secretary may inspect dams which have been
licensed under the Federal Power Act upon request of the Federal
Energy Regulatory Commission and dams under the jurisdiction of the
International Boundary and Water Commission upon request of such
Commission.
(b) State participation
On request of a State dam safety agency, with respect to any dam
the failure of which would affect the State, the head of a Federal
agency shall -
(1) provide information to the State dam safety agency on the
construction, operation, or maintenance of the dam; or
(2) allow any official of the State dam safety agency to
participate in the Federal inspection of the dam.
-SOURCE-
(Pub. L. 92-367, Sec. 3, formerly Sec. 2, Aug. 8,1972, 86 Stat. (continued)