I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 02:36:44. Database: USCODE Search: (33:CITE) ------DocID 39680 Document 1 of 1330------ -CITE- 33 USC TITLE 33 -EXPCITE- TITLE 33 -HEAD- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS -MISC1- Chap. Sec. 1. Navigable Waters Generally 1 2. International Rules for Navigation at Sea (Repealed) 61 3. Navigation Rules for Harbors, Rivers, and Inland Waters Generally 151 4. Navigation Rules for Great Lakes and Their Connecting and Tributary Waters (Repealed) 241 5. Navigation Rules for Red River of the North and Rivers Emptying Into Gulf of Mexico and Tributaries (Repealed) 301 5A. Exemption of Navy or Coast Guard Vessels From Certain Navigation Rules (Repealed) 360 6. General Duties of Ship Officers and Owners After Collision or Other Accident (Repealed) 361 7. Regulations for the Suppression of Piracy 381 8. Summary Trials for Certain Offenses Against Navigation Laws 391 9. Protection of Navigable Waters and of Harbor and River Improvements Generally 401 10. Anchorage Grounds and Harbor Regulations Generally 471 11. Bridges Over Navigable Waters 491 12. River and Harbor Improvements Generally 540 13. Mississippi River Commission 641 14. California Debris Commission 661 15. Flood Control 701 16. Lighthouses 711 17. National Ocean Survey 851 18. Longshore and Harbor Workers' Compensation 901 19. Saint Lawrence Seaway 981 20. Pollution of the Sea by Oil (Repealed) 1001 21. International Regulations for Preventing Collisions at Sea (Repealed) 1051 22. Sea Grant Colleges and Marine Science Development 1101 23. Pollution Control of Navigable Waters (Omitted or Transferred) 1151 24. Vessel Bridge-To-Bridge Communication 1201 25. Ports and Waterways Safety Program 1221 26. Water Pollution Prevention and Control 1251 27. Ocean Dumping 1401 28. Pollution Casualties on the High Seas: United States Intervention 1471 29. Deepwater Ports 1501 30. International Regulations for Preventing Collisions at Sea 1601 31. Ocean Pollution Research and Development and Monitoring Planning 1701 32. Inland Waterways Trust Fund 1801 33. Prevention of Pollution From Ships 1901 34. Inland Navigational Rules 2001 35. Artificial Reefs 2101 36. Water Resources Development 2201 37. Organotin Antifouling Paint Control 2401 38. Dumping of Medical Waste by Public Vessels 2501 39. Shore Protection from Municipal or Commercial Waste 2601 40. Oil Pollution 2701 -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 42 section 9607. ------DocID 39713 Document 2 of 1330------ -CITE- 33 USC Sec. 33 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 33. Little River, Arkansas, from Big Lake to Marked Tree -STATUTE- Little River, from Big Lake in Mississippi County to Marked Tree in Poinsett County, Arkansas, is declared to be not a navigable waterway of the United States within the meaning of the laws enacted by Congress for the protection of such waterways. -SOURCE- (Mar. 2, 1919, ch. 95, Sec. 4, 40 Stat. 1287.) -COD- CODIFICATION Section is from section 4 of act Mar. 2, 1919, popularly known as the 'Rivers and Harbors Appropriation Act of 1919'. ------DocID 40731 Document 3 of 1330------ -CITE- 33 USC CHAPTER 33 -EXPCITE- TITLE 33 CHAPTER 33 -HEAD- CHAPTER 33 - PREVENTION OF POLLUTION FROM SHIPS -MISC1- Sec. 1901. Definitions. 1902. Ships subject to preventive measures. (a) Included vessels. (b) Excluded vessels. (c) Regulations. (d) Noncommercial shipping standards. 1903. Administration and enforcement. (a) Duty of Secretary; Annexes of Convention applicable to seagoing vessels. (b) Regulations; refuse record books; waste management plans; notification of crew and passengers. (c) Utilization of personnel, facilities, or equipment of other Federal departments and agencies. 1904. Certificates. (a) Issuance by authorized designees; restriction on issuance. (b) Validity of foreign certificates. (c) Location onboard vessel; inspection of vessels subject to jurisdiction of the United States. (d) Onboard inspections; other Federal inspection authority unaffected. (e) Detention orders; duration of detention; shipyard option. (f) Ship clearance or permits; refusal or revocation. (g) Review of detention orders; petition; determination by Secretary. (h) Compensation for loss or damage. 1905. Pollution reception facilities. (a) Adequacy; criteria. (b) Traffic considerations. (c) Certificate; issuance; validity; inspection; review of suspension or revocation by Secretary. (d) Publication in Federal Register; list of certificated ports or terminals. (e) Entry; denial. (f) Surveys. 1906. Incidents involving ships. (a) Reports to Secretary. (b) Action by Secretary. 1907. Violations. (a) General prohibition; cooperation and enforcement; detection and monitoring measures; reports; evidence. (b) Investigations; subpenas: issuance by Secretary, enforcement; action by Secretary; information to party. (c) Ship inspections; reports to Secretary; additional action. (d) Garbage disposal inspections; covered ships; enforcement actions. (e) Harmful substance or garbage disposal inspections; covered ships; enforcement actions. (f) Supplemental remedies and requirements; other provisions and available remedies unaffected. 1908. Penalties for violations. (a) Criminal penalties; payment for information leading to conviction. (b) Civil penalties; separate violations; assessment notice; considerations affecting amount; payment for information leading to assessment of penalty. (c) Abatement of civil penalties; collection by Attorney General. (d) Liability in rem; district court jurisdiction. (e) Ship clearance or permits; refusal or revocation; bond or other surety. (f) Referrals for appropriate action by foreign country. 1909. MARPOL Protocol; proposed amendments. (a) Acceptance of certain amendments by the President. (b) Action on certain amendments by the Secretary of State. (c) Declaration of nonacceptance by the Secretary of State. 1910. Legal actions. (a) Persons with adversely affected interests as plaintiffs; defendants. (b) Commencement conditions. (c) Venue. (d) Costs; attorney fees; witness fees. (e) Federal intervention. 1911. Authority of Secretary under port and tanker safety program unaffected. 1912. International law. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 18 section 1956. ------DocID 11972 Document 4 of 1330------ -CITE- 10 USC CHAPTER 33 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 33 -HEAD- CHAPTER 33 - APPOINTMENTS IN REGULAR COMPONENTS -MISC1- Subchapter Sec. I. Original Appointments of Regular Officers in Grades above Warrant Officer Grades 531 II. Appointments of Regular Warrant Officers 555 AMENDMENTS 1980 - Pub. L. 96-513, title I, Sec. 104(a), Dec. 12, 1980, 94 Stat. 2845, inserted an analysis of subchapters immediately following chapter heading, added subchapter I heading, and, in analysis of sections following subchapter I heading, added items 531, 532, and 533 preceding item 541, re-enacted item 541 without change, and struck out, following item 541, items 555 to 565. The items 555 to 565 formerly set out in the analysis of sections immediately following chapter heading were transferred to a position following a new heading for subchapter II preceding section 555. -CROSS- CROSS REFERENCES Particular provisions relating to appointments - Regular Air Force, see section 8281 et seq. of this title. Regular Army, see section 3281 et seq. of this title. Regular Coast Guard, see sections 212, 214 of Title 14, Coast Guard. Regular Navy and Regular Marine Corps, see section 5582 et seq. of this title. ------DocID 14623 Document 5 of 1330------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 33 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS PRACTICE BEFORE THE COURT -HEAD- Rule 33. Suspension of Rules -STATUTE- For good cause shown, the Court may suspend any of these rules in a particular case, on application of a party or on its own motion, and may order proceedings in accordance with its direction. ------DocID 15165 Document 6 of 1330------ -CITE- 11 USC APPENDIX - BANKRUPTCY RULES Form 33 -EXPCITE- TITLE 11 APPENDIX BANKRUPTCY RULES AND OFFICIAL FORMS OFFICIAL FORMS -HEAD- Form 33. - Final Decree -STATUTE- (CAPTION AS IN FORM NO. 1) FINAL DECREE The estate of the above-named debtor having been fully administered (if appropriate and the deposit required by the plan having been distributed) It is ordered that: 1. (If applicable) XXXXXXXXXX is hereby discharged as trustee of the estate of the above-named debtor and the bond is cancelled. 2. (Add provisions by way of injunction or otherwise as may be equitable.) 3. The chapter 7 (or 9 or 11 or 13) case of the above-named debtor is closed. Dated:XXXXXX BY THE COURT XXXXXXXXXXXXXX, Bankruptcy Judge. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This form is to be used in conjunction with Rule 3022. The final decree may discharge the trustee if one was appointed and if the trustee had not been discharged at an earlier time. Section 350 of the Code requires the court to close the case after an estate has been fully administered and the trustee discharged. That section is applicable to chapter 7, 9, 11 and 13 cases and this form may be adapted to the circumstances of the particular case. ------DocID 15202 Document 7 of 1330------ -CITE- 12 USC Sec. 33 to 34c -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 33 to 34c. Transferred -COD- CODIFICATION Act Nov. 7, 1918, ch. 209, 40 Stat. 1043, as amended, formerly classified to sections 33 to 34c of this title, which related to consolidation and merger of national banking associations and such associations and State banks, was completely amended by Pub. L. 86-230, Sec. 20, Sept. 8 1959 73 Stat. 460, and is classified to sections 215 to 215b of this title. Section 33, acts Nov. 7, 1918, ch. 209, Sec. 1, 40 Stat. 1043; June 16, 1933, ch. 89, Sec. 24(a), 48 Stat. 190; Aug. 23, 1935, ch. 614, Sec. 330, 49 Stat. 718, related to consolidation of national banks, capital stock, dissenting shareholders, notice and valuation of shares. See section 215 of this title. Section 34, act Nov. 7, 1918, ch. 209, Sec. 2, 40 Stat. 1044, related to effect of consolidation on rights and liabilities. See section 215 of this title. Section 34a, act Nov. 7, 1918, ch. 209, Sec. 3, as added Feb. 25, 1927, ch. 191, Sec. 1, 44 Stat. 1225, and amended June 16, 1933, ch. 89 Sec. 24, 48 Stat. 190; Aug. 23, 1935, ch. 614, Sec. 331, 49 Stat. 719; July 14, 1952, ch. 722, Sec. 2, 66 Stat. 601, related to consolidation of State bank, etc. with national bank, capital stock and dissenting shareholders. See section 215 of this title. Section 34b, act Nov. 7, 1918, ch. 209, Sec. 4, as added July 14, 1952, ch. 722, Sec. 1, 66 Stat. 599, related to merger of national banking associations or State banks into national banking associations. See section 215a of this title. Section 34c, act Nov. 7, 1918, ch. 209, Sec. 5, as added July 14, 1952, ch. 722, Sec. 1, 66, Stat. 601, related to definitions. See section 215b of this title. ------DocID 16769 Document 8 of 1330------ -CITE- 12 USC CHAPTER 33 -EXPCITE- TITLE 12 CHAPTER 33 -HEAD- CHAPTER 33 - DEPOSITORY INSTITUTION MANAGEMENT INTERLOCKS -MISC1- Sec. 3201. Definitions. 3202. Dual service of management official as management official of unaffiliated institution or holding company in same area, town, or village prohibited. 3203. Dual service of management official of $1,000,000,000 institution or holding company as management official of unaffiliated $500,000,000 institution or holding company prohibited. 3204. Exceptions. 3205. Management official in position prior to November 10, 1978. 3206. Administration and enforcement. 3207. Rules and regulations. 3208. Powers available to Attorney General for enforcement. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1786, 1818, 1823 of this title. ------DocID 17475 Document 9 of 1330------ -CITE- 15 USC Sec. 32, 33 -EXPCITE- TITLE 15 CHAPTER 1 -HEAD- Sec. 32, 33. Repealed. Pub. L. 91-452, title II, Sec. 209, 210, Oct. 15, 1970, 84 Stat. 929 -MISC1- Section 32, act Feb. 25, 1903, ch. 755, Sec. 1, 32 Stat. 904, granted immunity from prosecution to witnesses testifying or producing evidence, documentary or otherwise, in any proceeding, suit, or prosecution under section 1 to 11 of this title. See section 6001 et seq. of Title 18, Crimes and Criminal Procedure. Section 33, act June 30, 1906, ch. 3920, 34 Stat. 798, provided that, under the immunity provisions of former section 32 of this title, immunity was to extend only to a natural person who, in obedience to a subpoena, testified or produced evidence. EFFECTIVE DATE OF REPEAL Repeal effective on sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. SAVINGS PROVISION Repeal of sections by Pub. L. 91-452 not to affect any immunity to which any individual was entitled under sections by reason of any testimony given before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date; Savings Provision note under section 6001 of Title 18, Crimes and Criminal Procedure. ------DocID 17775 Document 10 of 1330------ -CITE- 15 USC Sec. 80a-33 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-33. Destruction and falsification of reports and records -STATUTE- (a) Willful destruction It shall be unlawful for any person, except as permitted by rule, regulation, or order of the Commission, willfully to destroy, mutilate, or alter any account, book, or other document the preservation of which has been required pursuant to section 80a-30(a) or 80a-31(c) of this title. (b) Untrue statements or omissions It shall be unlawful for any person to make any untrue statement of a material fact in any registration statement, application, report, account, record, or other document filed or transmitted pursuant to this subchapter or the keeping of which is required pursuant to section 80a-30 (a) of this title. It shall be unlawful for any person so filing, transmitting, or keeping any such document to omit to state therein any fact necessary in order to prevent the statements made therein, in the light of the circumstances under which they were made, from being materially misleading. For the purposes of this subsection, any part of any such document which is signed or certified by an accountant or auditor in his capacity as such shall be deemed to be made, filed, transmitted, or kept by such accountant or auditor, as well as by the person filing, transmitting, or keeping the complete document. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 34, 54 Stat. 840.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Correction of defective report, see section 80a-8 of this title. Venue of criminal proceedings, see section 80a-43 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-8, 80a-43, 80a-58 of this title. ------DocID 18495 Document 11 of 1330------ -CITE- 15 USC CHAPTER 33 -EXPCITE- TITLE 15 CHAPTER 33 -HEAD- CHAPTER 33 - BRAKE FLUID REGULATION ------DocID 19658 Document 12 of 1330------ -CITE- 16 USC Sec. 33 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 33. Mortgages by lessees within the park -STATUTE- Any person, corporation, or company holding a lease within Yellowstone Park for the purposes described in section 32 of this title is authorized, with the approval of the Secretary of the Interior, to execute mortgages upon his or its rights, properties, and franchises, including his or its contract or contracts with the Secretary of the Interior, and such mortgages, together with the approval of the Secretary of the Interior may be filed for record in the office of the Secretary of the Interior, and when so recorded shall have all the effect of a public record. Any mortgage, lien, or encumbrance created under the provisions of this section shall be subject to the rights of the Government to compel the enforcement of the terms of the lease or contract of the mortgagor, and any purchaser under a foreclosure of such encumbrance shall take subject to all the conditions assumed by the original lessee or contractor. -SOURCE- (June 4, 1906, ch. 2570, 34 Stat. 207.) -CROSS- CROSS REFERENCES Leases of land in national parks generally, see section 3 of this title. ------DocID 20436 Document 13 of 1330------ -CITE- 16 USC Sec. 410cc-33 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER LIX-A Part C -HEAD- Sec. 410cc-33. Financial and technical assistance -STATUTE- (a) Loans to Lowell Development and Financial Corporation for loans for preservation, etc., of property; terms of loan agreement with corporation; determination of compliance by corporation with requirements for loans; repayment by corporation The Commission may make loans to the Lowell Development and Financial Corporation (established under chapter 844 of the Massachusetts General Laws and hereinafter referred to as the 'corporation') to enable the corporation to provide low interest loans for the preservation, restoration, or development of any property described in section 410cc-32(d)(1) of this title. The Commission may make any such loan to the corporation only after entering into a loan agreement with the corporation which includes the following terms: (1) The loan to the corporation shall have a maturity of thirty-five years. At the end of such period, the corporation shall repay to the Secretary of the Treasury (in a lump sum) for deposit in the general fund of the Treasury the full amount of the loan and any additional amounts accruing to the corporation pursuant to this subsection excepting those amounts expended by the corporation for reasonable administrative expenses. (2) The money received from the Commission, and any interest earned on such money, may be obligated by the corporation only for low interest loans made under paragraphs (6) and (7) of this subsection, except that the corporation may use such money to the extent the Commission considers reasonable to satisfy the costs of the corporation in administering the loan or procuring loan guarantees or insurance. (3) Within five years after receiving the loan from the Commission, the corporation shall make loans under paragraphs (6) and (7) of this subsection which, in the aggregate, obligate the full amount of money received from the Commission (minus any amount required to satisfy the costs described in paragraph (2) of this subsection). (4) As loans made under paragraphs (6) and (7) of this subsection are repaid, the corporation shall make additional loans under such paragraphs with the money made available for obligation by such repayments. (5) The corporation shall make available to the Commission and to the Secretary, upon request, all accounts, financial records, and other information related to loans made under paragraphs (6) and (7) of this subsection. (6) Before the corporation approves any application for a low interest loan for which money has been made available to the corporation by the Commission, the corporation shall require the prospective borrower to furnish the corporation with a statement from the Commission stating that the Commission has reviewed the application and has determined that any loan received by the prospective borrower will be spent in a manner consistent with - (A) the standards and criteria established pursuant to section 410cc-32(e) of this title, and (B) the goals of the park preservation plan approved under section 410cc-32(a) of this title. (7) The corporation may approve any application for a low interest loan which meets the terms and conditions prescribed by the corporation with the approval of the Commission and for which money has been made available to the corporation by the Commission if - (A) the prospective borrower furnishes the corporation with the statement described in paragraph (6) of this subsection; (B) the corporation determines that such borrower has sufficient financial resources to repay the loan; and (C) such borrower satisfies any other applicable credit criteria established by the corporation. In order to determine whether the corporation has complied with this subsection, the Commission, or such other appropriate person or entity as the Commission may designate, shall conduct an audit at least once every two years of all accounts, financial records, and other information related to loans made under paragraphs (6) and (7) of this subsection. If the Commission determines, after conducting a hearing on the record, that the corporation has substantially failed to comply with this subsection, the outstanding balance of any loan made to the corporation under this subsection shall become payable in full upon the demand of the Commission. (b) Grants to property owners for preservation, etc., of property; grants to persons or public or private entities for educational and cultural programs or for necessary services; terms of grant agreements; recovery of amounts for inconsistent uses (1) The Commission may make grants to owners of property described in section 410cc-32(d)(1) of this title for the preservation, restoration, management, development, or maintenance of such property in a manner consistent with the standards and criteria established pursuant to section 410cc-32(e) of this title. (2) The Commission, with the approval of the Secretary, may make grants to any person or any public or private entity to provide for (i) educational and cultural programs which encourage appreciation of the resources of the park and preservation district, or (ii) any planning, transportation, maintenance, or other services the Commission considers necessary to carry out the purposes of this subchapter. (3) Grants under this subsection shall be made under agreements which specify the amount of the grant, the installments (if any) by which the grant shall be paid to the grant recipient, the purpose for which the grant may be used, and any other condition the Commission considers appropriate. The Commission shall be entitled, under the terms of any grant agreement, to recover from the recipient any funds used in a manner inconsistent with such grant agreement. (c) Technical assistance to property owners, etc. The Commission with the advice of the Secretary may provide technical assistance to - (1) owners of property within the park or preservation district to assist such owners in (A) making repairs to or improvements in any property included in the index established pursuant to section 410cc-32(d) of this title, or (B) applying for loans under subsection (a) of this section; and (2) any other person or public or private entity to assist such person or entity in taking actions consistent with the purpose of this subchapter. (d) Availability to Secretary of all accounts, financial records, and other information relating to loans and grants The Commission shall make available to the Secretary, upon request, all accounts, financial records, and other information of the Commission relating to grants and loans made under this section. (e) Annual report to Congress; contents The Secretary shall make an annual report to the Congress describing the loans, grants, and technical assistance provided under this section and under section 410cc-23 of this title. Such report shall specify the amount, recipient, and purpose of any loan, grant or technical assistance so provided and contain such additional information as the Secretary considers appropriate. -SOURCE- (Pub. L. 95-290, title III, Sec. 303, June 5, 1978, 92 Stat. 300.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 410cc-13, 410cc-32 of this title. ------DocID 22992 Document 14 of 1330------ -CITE- 16 USC CHAPTER 33 -EXPCITE- TITLE 16 CHAPTER 33 -HEAD- CHAPTER 33 - COASTAL ZONE MANAGEMENT -MISC1- Sec. 1451. Congressional findings. 1452. Congressional declaration of policy. 1453. Definitions. 1454. Management program development grants. 1455. Administrative grants. (a) Authorization; matching funds. (b) Grants to coastal states; requirements. (c) Allocation of grants to coastal States. (d) Mandatory adoption of State management program for coastal zone. (e) Amendment or modification of State management program for coastal zone. 1455a. Coastal resource improvement program. (a) Definitions. (b) Resource management improvement grants. (c) Uses, terms and conditions of grants. (d) State matching contributions; ratio; maximum amount of grants. (e) Allocation of grants to local governments and other agencies. (f) Other technical and financial assistance. 1455b. Protecting coastal waters. (a) In general. (b) Program contents. (c) Program submission, approval, and implementation. (d) Technical assistance. (e) Inland coastal zone boundaries. (f) Financial assistance. (g) Guidance for coastal nonpoint source pollution control. (h) Authorization of appropriations. (i) Definitions. 1456. Coordination and cooperation. (a) Federal agencies. (b) Adequate consideration of views of Federal agencies. (c) Consistency of Federal activities with State management programs; Presidential exemption; certification. (d) Application of local governments for Federal assistance; relationship of activities with approved management programs. (e) Construction with other laws. (f) Construction with existing requirements of water and air pollution programs. (g) Concurrence with programs which affect inland areas. (h) Mediation of disagreements. (i) Application fee for appeals. 1456a. Coastal Zone Management Fund. 1456b. Coastal zone enhancement grants. (a) 'Coastal zone enhancement objective' defined. (b) Limits on grants. (c) Evaluation of State proposals by Secretary. (d) Promulgation of regulations by Secretary. (e) No State contribution required. (f) Funding. (g) Eligibility; suspension of State for noncompliance. 1456c. Technical assistance. 1457. Public hearings. 1458. Review of performance. (a) Evaluation of adherence with terms of grant. (b) Public participation; notice of meetings; reports. (c) Suspension of financial assistance for noncompliance; notification of Governor; length of suspension. (d) Withdrawal of approval of program. (e) Notice and hearing. 1459. Records and audit. (a) Maintenance of records by recipients of grants or financial assistance. (b) Access by Secretary and Comptroller General to records, books, etc., of recipients of grants or financial assistance for audit and examination. 1460. Walter B. Jones excellence in coastal zone management awards. (a) Establishment. (b) Annual selection of recipients. (c) Solicitation of nominations for local government recipients. (d) Solicitation of nominations for graduate student recipients. (e) Funding; types of awards. 1461. National Estuarine Research Reserve System. (a) Establishment of System. (b) Designation of national estuarine reserves. (c) Estuarine research guidelines. (d) Promotion and coordination of estuarine research. (e) Financial assistance. (f) Evaluation of System performance. (g) Report. 1462. Coastal zone management reports. (a) Biennial reports. (b) Recommendations for legislation. (c) Review of other Federal programs; report to Congress. 1463. Rules and regulations. 1463a. Omitted. 1463b. National Coastal Resources Research and Development Institute. (a) Establishment by Secretary; administration. (b) Purposes of Institute. (c) Determination of Institute policies. (d) Establishment of Advisory Council; functions and composition. (e) Administration of Institute. (f) Evaluation of Institute by Secretary. (g) Report to Secretary. (h) Access to Institute books, records, and documents. (i) Status of Institute employees. (j) Authorization of appropriations. 1464. Authorization of appropriations. (a) Sums appropriated to Secretary. (b) Sums appropriated to Fund. (c) Limitations. (d) Reversion to Secretary of unobligated State funds; availability of funds. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 544l, 1455b, 3505, 3509 of this title; title 33 sections 1503, 1508; title 42 sections 9111, 9115; title 43 sections 1351, 1866; title 46 section 13101. ------DocID 23809 Document 15 of 1330------ -CITE- 18 USC Sec. 33 -EXPCITE- TITLE 18 PART I CHAPTER 2 -HEAD- Sec. 33. Destruction of motor vehicles or motor vehicle facilities -STATUTE- Whoever willfully, with intent to endanger the safety of any person on board or anyone who he believes will board the same, or with a reckless disregard for the safety of human life, damages, disables, destroys, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to, any motor vehicle which is used, operated, or employed in interstate or foreign commerce, or its cargo or material used or intended to be used in connection with its operation; or Whoever willfully, with like intent, damages, disables, destroys, sets fire to, tampers with, or places or causes to be placed any explosive or other destructive substance in, upon, or in proximity to any garage, terminal, structure, supply, or facility used in the operation of, or in support of the operation of, motor vehicles engaged in interstate or foreign commerce or otherwise makes or causes such property to be made unworkable, unusable, or hazardous to work or use; or Whoever, with like intent, willfully disables or incapacitates any driver or person employed in connection with the operation or maintenance of the motor vehicle, or in any way lessens the ability of such person to perform his duties as such; or Whoever willfully attempts to do any of the aforesaid acts - shall be fined not more than $10,000 or imprisoned not more than twenty years, or both. -SOURCE- (Added July 14, 1956, ch. 595, Sec. 1, 70 Stat. 540.) -CROSS- CROSS REFERENCES Destruction of property moving in commerce, see sections 1281 and 1282 of Title 15, Commerce and Trade. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2516 of this title. ------DocID 24031 Document 16 of 1330------ -CITE- 18 USC CHAPTER 33 -EXPCITE- TITLE 18 PART I CHAPTER 33 -HEAD- CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES -MISC1- Sec. 700. Desecration of the flag of the United States; penalties. 701. Official badges, identification cards, other insignia. 702. Uniform of armed forces and Public Health Service. 703. Uniform of friendly nation. 704. Military medals or decorations. 705. Badge or medal of veterans' organizations. 706. Red Cross. 707. 4-H Club emblem fraudulently used. 708. Swiss Confederation coat of arms. 709. False advertising or misuse of names to indicate Federal agency. 710. Cremation urns for military use. 711. 'Smokey Bear' character or name. 711a. 'Woodsy Owl' character, name, or slogan. 712. Misuse of names, words, emblems, or insignia. 713. Use of likenesses of the great seal of the United States, and of the seals of the President and Vice President. (714. Repealed.) 715. 'The Golden Eagle Insignia'. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3518, Nov. 29, 1990, 104 Stat. 4923, inserted a comma after 'INSIGNIA' in chapter heading. 1982 - Pub. L. 97-258, Sec. 2(d)(1)(A), Sept. 13, 1982, 96 Stat. 1058, struck out item 714 relating to 'Johnny Horizon' character or name. 1974 - Pub. L. 93-318, Sec. 8, June 22, 1974, 88 Stat. 245, added item 711a. 1973 - Pub. L. 93-147, Sec. 1(b), Nov. 3, 1973, 87 Stat. 555, substituted 'Misuse of names, words, emblems, or insignia' for 'Misuse of names by collecting agencies to indicate Federal agency' in item 712. 1972 - Pub. L. 92-347, Sec. 3(c), July 11, 1972, 86 Stat. 462, added item 715. 1971 - Pub. L. 91-651, Sec. 2, Jan. 5, 1971, 84 Stat. 1941, inserted ', and of the seals of the President and Vice President' after 'United States' in item 713. 1970 - Pub. L. 91-419, Sec. 4, Sept. 25, 1970, 84 Stat. 871, added item 714. 1968 - Pub. L. 90-381, Sec. 2, July 5, 1968, 82 Stat. 291, added item 700. 1966 - Pub. L. 89-807, Sec. 1(b), Nov. 11, 1966, 80 Stat. 1525, added item 713. 1959 - Pub. L. 86-291, Sec. 3, Sept. 21, 1959, 73 Stat. 570, added item 712. 1952 - Act May 23, 1952, ch. 327, Sec. 2, 66 Stat. 92, added item 711. 1950 - Act Sept. 28, 1950, ch. 1092, Sec. 1(a), 64 Stat. 1077, added item 710. 1949 - Act May 24, 1949, ch. 139, Sec. 14, 63 Stat. 91, inserted 'Uniform of armed forces and Public Health Service' in lieu of enumerating the specific branches in item 702. ------DocID 25121 Document 17 of 1330------ -CITE- 18 USC APPENDIX - RULES OF CRIMINAL PROCEDURE Rule 33 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS VII -HEAD- Rule 33. New Trial -STATUTE- The court on motion of a defendant may grant a new trial to that defendant if required in the interest of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment. A motion for a new trial based on the ground of newly discovered evidence may be made only before or within two years after final judgment, but if an appeal is pending the court may grant the motion only on remand of the case. A motion for a new trial based on any other grounds shall be made within 7 days after verdict or finding of guilty or within such further time as the court may fix during the 7-day period. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug. 1, 1987.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule enlarges the time limit for motions for new trial on the ground of newly discovered evidence, from 60 days to two years; and for motions for new trial on other grounds from three to five days. Otherwise, it substantially continues existing practice. See Rule II of the Criminal Appeals Rules of 1933, 292 U.S. 661. Cf. Rule 59(a) of the Federal Rules of Civil Procedure (28 U.S.C., Appendix). NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT The amendments to the first two sentences make it clear that a judge has no power to order a new trial on his own motion, that he can act only in response to a motion timely made by a defendant. Problems of double jeopardy arise when the court acts on its own motion. See United States v. Smith, 331 U.S. 469 (1947). These amendments do not, of course, change the power which the court has in certain circumstances, prior to verdict or finding of guilty, to declare a mistrial and order a new trial on its own motion. See e.g., Gori v. United States, 367 U.S. 364 (1961); Downum v. United States, 372 U.S. 734 (1963); United States v. Tateo, 377 U.S. 463 (1964). The amendment to the last sentence changes the time in which the motion may be made to 7 days. See the Advisory Committee's Note to Rule 29. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. -CROSS- CROSS REFERENCES Acquittal, alternative on renewal of motion for, see rule 29. Enlargement of time for action not permitted, see rule 45. Judges, disability after verdict or finding of guilt, see rule 25. Remedies on motion attacking sentence of prisoner in Federal custody, see section 2255 of Title 28, Judiciary and Judicial Procedure. Several defendants, inability of jury to agree as to verdict, see rule 31. ------DocID 25172 Document 18 of 1330------ -CITE- 19 USC Sec. 33 to 35 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 33 to 35. Repealed. Aug. 8, 1953, ch. 397, Sec. 2(a), 67 Stat. 507 -MISC1- Sections, R.S. Sec. 2621 to 2623, prescribed various duties of the collectors of customs at each of the ports (1) where collectors, comptrollers and surveyors were appointed: (2) where only collectors and surveyors were appointed; and (3) where only collectors were appointed. The provisions of such sections, in so far as they related to accounting duties, are covered generally in chapters 33 and 35 of Title 31, Money and Finance. EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION Repeal effective on and after thirtieth day following Aug. 8, 1953, and savings provision, see sections 1 and 23 of act Aug. 8, 1953. ------DocID 26714 Document 19 of 1330------ -CITE- 20 USC Sec. 1070d-33 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 6 -HEAD- Sec. 1070d-33. Scholarships authorized -STATUTE- (a) Program authority The Secretary is authorized, in accordance with the provisions of this subpart, to make grants to States to enable the States to award scholarships to individuals who have demonstrated outstanding academic achievement and who show promise of continued academic achievement. (b) Period of award Scholarships under this section shall be awarded for a period of one academic year for the first year of study at an institution of higher education. (c) Use at any institution permitted A student awarded a scholarship under this subpart may attend any institution of higher education. (d) Byrd Scholars Individuals awarded scholarships under this subpart shall be known as 'Byrd Scholars'. -SOURCE- (Pub. L. 89-329, title IV, Sec. 419C, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1344.) -MISC1- PRIOR PROVISIONS A prior section 1070d-33, Pub. L. 89-329, title IV, Sec. 419C, as added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 2900, and amended Pub. L. 99-145, title XVI, Sec. 1627(b), Nov. 8, 1985, 99 Stat. 779, authorized the award of scholarships under Robert C. Byrd Honors Scholarship Program, prior to the general revision of this part by Pub. L. 99-498. ------DocID 27143 Document 20 of 1330------ -CITE- 20 USC CHAPTER 33 -EXPCITE- TITLE 20 CHAPTER 33 -HEAD- CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 1400. Congressional statements and declarations. (a) Short title. (b) Findings. (c) Purpose. 1401. Definitions. 1402. Office of Special Education Programs. (a) Establishment; purposes. (b) Deputy Assistant Secretary: selection and supervision, compensation; Associate Deputy Assistant Secretary and minimum number of assistants: establishment, compensation. 1403. Abrogation of State sovereign immunity. (a) State immunity abrogated. (b) Availability of remedies. (c) Effective date. 1404. Acquisition of equipment and construction of necessary facilities. (a) Authorization for use of funds. (b) Recovery of payments under certain conditions. 1405. Employment of individuals with disabilities. 1406. Grants for removal of architectural barriers; authorization of appropriations. 1407. Regulation requirements. (a) Minimum period for comment before effective date. (b) Lessening of procedural or substantive protections as in effect on July 20, 1983, prohibited. 1408. Eligibility for financial assistance. 1409. Administrative provisions applicable to subchapters III through VII and section 1418. (a) Plan for implementation of authorized programs. (b) Needs of minority children and youth. (c) Transitions facing children with disabilities during years in school. (d) Program evaluations. (e) Report on program plans and evaluations. (f) Acquisition and dissemination of information. (g) Dissemination of reports to appropriate networks. (h) Evaluation panels. (i) Site visits. (j) Discretionary program findings. SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL HANDICAPPED CHILDREN 1411. Entitlements and allocations. (a) Formula for determining maximum State entitlement. (b) Distribution and use of grant funds by States for fiscal year ending September 30, 1978. (c) Distribution and use of grant funds by States for fiscal years ending September 30, 1979, and thereafter. (d) Allocation of funds within States to local educational agencies and intermediate educational units. (e) Territories and possessions. (f) Indian reservations. (g) Reductions or increases. (h) Authorization of appropriations. 1412. Eligibility requirements. 1413. State plans. (a) Requisite features. (b) Additional assurances. (c) Notice and hearing prior to disapproval of plan. (d) Participation of children with disabilities in private schools; payment of Federal amount; determinations of Secretary: notice and hearing; judicial review: jurisdiction of court of appeals, petition, record, conclusiveness of findings, remand, review by Supreme Court. (e) Prohibition on reduction of assistance. 1414. Application. (a) Requisite features. (b) Approval by State educational agencies of applications submitted by local educational agencies or intermediate educational units; notice and hearing. (c) Consolidated applications. (d) Special education and related services provided directly by State educational agencies; regional or State centers. (e) Reallocation of funds. (f) Programs using State or local funds. 1415. Procedural safeguards. (a) Establishment and maintenance. (b) Required procedures; hearing. (c) Review of local decision by State educational agency. (d) Enumeration of rights accorded parties to hearings. (e) Civil action; jurisdiction. (f) Effect on other laws. 1416. Withholding of payments. (a) Failure to comply with this subchapter; limitations; public notice. (b) Judicial review. 1417. Administration. (a) Duties of Secretary. (b) Rules and regulations. (c) Protection of rights and privacy of parents and students. (d) Hiring of qualified personnel. 1418. Evaluation and program information. (a) Duties of Secretary. (b) Collection of data. (c) Studies and investigations under grants, contracts, or cooperative agreements. (d) Cooperative agreements with State agencies. (e) Studies to assess progress of program. (f) Integration of information. (g) Annual report. (h) Authorization of appropriations. 1419. Pre-school grants. (a) Grants for fiscal years 1987 through 1989; amount of grants. (b) Grants for fiscal year 1990 and thereafter; amount of grants. (c) Distribution by State of funds. (d) Insufficiency of appropriated amounts; reduction of maximum amounts receivable by States. (e) Authorization of appropriations. (f) Availability of appropriated funds. 1420. Payments. (a) Payments to States; distribution by States to local educational agencies and intermediate educational units. (b) Advances, reimbursements, and installments. SUBCHAPTER III - CENTERS AND SERVICES TO MEET SPECIAL NEEDS OF INDIVIDUALS WITH DISABILITIES 1421. Regional resource and Federal centers. (a) Establishment; functions. (b) Considerations governing approval of application. (c) Annual report; summaries. (d) Coordinating technical assistance center. (e) Amounts available for centers. (f) Development of operation guidelines and criteria. 1422. Services for deaf-blind children and youth. (a) Grant and contract authority; types and scope of programs; governing considerations. (b) Contract authority for regional programs of technical assistance. (c) Annual report to Secretary; examination of numbers and services and revision of numbers; annual report to Congress: summary of data. (d) National clearinghouse for children and youth with deaf-blindness. (e) Country-wide availability of assistance. (f) Grants to, or contracts and cooperative agreements with, appropriate organizations and agencies. 1423. Early education for children with disabilities. (a) Contracts, grants, and cooperative agreements; purpose; coordination with community programs; national dispersion in urban and rural areas; Federal share; non-Federal contributions; arrangments with Indian tribes. (b) Technical assistance development system. (c) Early childhood research institutes. (d) Grants or contracts with organizations to identify needs of children with disabilities and for training of personnel. (e) Notice in Federal Register of intent to accept applications for grants, contracts, etc. (f) 'Children with disabilities' defined. (g) Organization, integration, and presentation of developed knowledge. 1424. Programs for children with severe disabilities. (a) Grant and contract authority. (b) Extended school year demonstration programs. (c) Coordination of activities with similar activities under other provisions. (d) National geographic dispersion of programs in urban and rural areas. (e) Priority programs. 1424a. Postsecondary education. 1425. Secondary education and transitional services for children and youth with disabilities. (a) Grant and contract authority; statement of purposes; national geographic dispersion in urban and rural areas. (b) Description of specific projects. (c) Coordination of noneducational agency applicant with State educational agency. (d) Applications for assistance; contents. (e) Five-year grants to develop systems to provide transition services. (f) Development or demonstration of new or improved methods, approaches, or techniques; demonstration models of assistive technology devices and services; evaluation of transition services. (g) Coordination of educational programs with vocational rehabilitation projects and vocational education projects. 1426. Programs for children and youth with serious emotional disturbance. (a) Grants, contracts, and cooperative agreements to establish projects. (b) Grants to provide services. (c) Requirements of projects assisted. 1427. Authorization of appropriations. SUBCHAPTER IV - TRAINING PERSONNEL FOR THE EDUCATION OF INDIVIDUALS WITH DISABILITIES 1431. Grants for personnel training. (a) Careers in special education; personnel training standards; costs of courses, fellowships, and traineeships; contract authority for areas of personnel shortages. (b) Special projects for preservice training, regular educators, and inservice training of special education personnel. (c) Parent training and information programs. 1432. Grants to State educational agencies and institutions for traineeships. (a) Size and scope of grant. (b) Grants on competitive basis. (c) Purpose of grants. (d) Technical assistance to States. 1433. Clearinghouses. (a) Establishment of national clearinghouses. (b) National clearinghouse for children and youth with disabilities. (c) National clearinghouse on postsecondary education for individuals with disabilities. (d) National clearinghouse on careers in special education. (e) Priority consideration of applicants. (f) Annual report to Congress. 1434. Reports to the Secretary. 1435. Authorization of appropriations. (a) In general. (b) Personnel training for careers in special education and early intervention. (c) Parent training and information programs. 1436. Omitted. SUBCHAPTER V - RESEARCH IN THE EDUCATION OF INDIVIDUALS WITH DISABILITIES 1441. Research and related activities. (a) Grants, contracts, and cooperative agreements. (b) Qualifications of applicants. (c) Publication of proposed priorities. (d) Index of projects. (e) Coordination with other research; information to other agencies. (f) Attention deficit disorder. (g) Model demonstration programs. 1442. Research and demonstration projects in physical education and recreation for children with disabilities. 1443. Repealed. 1444. Authorization of appropriations. SUBCHAPTER VI - INSTRUCTIONAL MEDIA FOR INDIVIDUALS WITH DISABILITIES 1451. Purposes. 1452. Captioned films, television, descriptive video, and educational media for individuals with disabilities. (a) Establishment of loan service. (b) Authority of Secretary. (c) National Theatre of the Deaf; other non-profit organizations. (d) Transcribed tapes and cassettes. 1453. Repealed. 1454. Authorization of appropriations. SUBCHAPTER VII - TECHNOLOGY, EDUCATIONAL MEDIA, AND MATERIALS FOR INDIVIDUALS WITH DISABILITIES 1461. Financial assistance. 1462. Authorization of appropriations. SUBCHAPTER VIII - INFANTS AND TODDLERS WITH DISABILITIES 1471. Congressional findings and policy. (a) Findings. (b) Policy. 1472. Definitions. 1473. General authority. 1474. General eligibility. 1475. Continuing eligibility. (a) First two years. (b) Third and fourth year. (c) Fifth and succeeding years. (d) Exception. 1476. Requirements for statewide system. (a) In general. (b) Minimum components. 1477. Individualized family service plan. (a) Assessment and program development. (b) Periodic review. (c) Promptness after assessment. (d) Content of plan. 1478. State application and assurances. (a) Application. (b) Statement of assurances. (c) Approval of application and assurances required. 1479. Uses of funds. 1480. Procedural safeguards. 1481. Payor of last resort. (a) Nonsubstitution. (b) Reduction of other benefits. 1482. State Interagency Coordinating Council. (a) Establishment. (b) Composition. (c) Meetings. (d) Management authority. (e) Functions of Council. (f) Conflict of interest. (g) Use of existing Councils. 1483. Federal administration. 1484. Allocation of funds. (a) Territories and insular possessions. (b) Payments to Secretary of the Interior for assistance to Indians. (c) States. (d) Election by State not to receive allotment. 1485. Authorization of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1203a, 1206a, 2321, 2323, 2744, 2782, 2783, 2791, 3227, 3291, 3441, 4356 of this title; title 25 sections 2503, 2504; title 29 sections 721, 774, 2215; title 42 sections 300x-11, 6024, 9855d, 9862. ------DocID 29029 Document 21 of 1330------ -CITE- 22 USC Sec. 277d-33 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-33. Authorization; construction, operation, and maintenance, appropriations, and acquisition of land -STATUTE- Pursuant to the agreement concluded under the authority of section 277d-32 of this title, the United States Commissioner is authorized to construct, operate, and maintain the portion of the 'International Flood Control Project, Tijuana River Basin,' assigned to the United States, and there is hereby authorized to be appropriated to the Department of State for use of the United States section the sum of $10,800,000 for construction costs of such project, as modified, based on estimated June 1976 prices, plus or minus such amounts as may be justified by reason of price index fluctuations in costs involved therein, and such sums as may be necessary for its maintenance and operation, except that no funds may be appropriated under sections 277d-32 and 277d-33 of this title for the fiscal year ending on September 30, 1977. Contingent upon the furnishing by the city of San Diego of its appropriate share of the funds for the acquisition of the land and interests therein needed to carry out the agreement between the United States and Mexico to construct such project, the Secretary of State, acting through the United States Commissioner, is further authorized to participate financially with non-Federal interests in the acquisition of said lands and interest therein, to the extent that funds provided by the city of San Diego are insufficient for this purpose. -SOURCE- (Pub. L. 89-640, Sec. 2, Oct. 10, 1966, 80 Stat. 884; Pub. L. 94-425, Sept. 28, 1976, 90 Stat. 1333.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-425 substituted provisions authorizing appropriations of $10,800,000 for construction costs for project based on June 1976 prices, with exception that no funds may be appropriated for fiscal year ending Sept. 30, 1977 for provisions authorizing appropriations not to exceed $12,600,000 for construction costs for project, eliminated provision requiring approval of title by Attorney General, and inserted provision authorizing financial participation of Secretary of State through Commissioner to acquire land for construction of project contingent upon city of San Diego furnishing its appropriate share of funds. ------DocID 30379 Document 22 of 1330------ -CITE- 22 USC CHAPTER 33 -EXPCITE- TITLE 22 CHAPTER 33 -HEAD- CHAPTER 33 - MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE PROGRAM -MISC1- Sec. 2451. Congressional statement of purpose. 2451a. Repealed. 2452. Authorization of activities. (a) Grants or contracts for educational or cultural exchanges; participation in international fairs and expositions abroad. (b) Other exchanges. 2452a. Exchange program with countries in transition from totalitarianism to democracy. (a) Authorization of activities; grants or contracts for exchanges with foreign countries. (b) Transfer of funds. 2453. Agreements with foreign governments and international organizations. (a) Authorization. (b) Creation or continuation of binational or multinational educational and cultural foundations and commissions. (c) United States participation in programs. 2454. Administration. (a) Delegation of powers; submission of proposal for delegation to Congress. (b) Employment of personnel. (c) Repealed. (d) Extension of benefits (e) Grants; use of funds, counseling service; publicity and promotion abroad. (f) Repealed. (g) Currency exchange for foreign students and teachers coming temporarily to the United States. 2455. Appropriations. (a) Authorization; contracts creating obligations in advance of appropriations. (b) Acquisition of foreign currencies. (c) Transfer of funds. (d) Reserve and use of certain funds. (e) Reservation and use of sums due or paid by the Republic of Finland. (f) Contribution of funds, property, and services by foreign governments, international organizations, and private individuals, firms, associations, and agencies. (g) Currency exchanges. 2456. J. William Fulbright Foreign Scholarship Board. (a) Appointment; members; considerations for selection. (b), (c) Omitted. (d) Creation of interagency and other advisory committees; conferences of persons. (e) Availability of appropriations for expenses; transportation expenses and per diem; compensation of members of Board and Committees. (f) Secretarial and staff assistance. 2457. Reports by Board. 2458. Authority of President. (a) Performance of certain functions without regard to other laws; appropriation credits upon reimbursement for services in connection with exchange activities. (b) Periodic reports of activities and expenditures. (c) Expenditures in selection, purchase, rental, construction, or other acquisition of exhibits and materials and equipment therefor. (d) Utilization of provisions of other laws. 2458a. Federal employee participation in cultural exchange programs. (a) Grants and other foreign government assistance; family or household expense assistance prohibited; 'Federal employee' defined. (b) Foreign grants and other assistance not gifts for purposes of section 7342 of title 5. (c) Regulations. 2459. Immunity from seizure under judicial process of cultural objects imported for temporary exhibition or display. (a) Agreements; Presidential determination; publication in Federal Register. (b) Intervention of United States attorney in pending judicial proceedings. (c) Enforcement of agreements and obligations of carriers under transportation contracts. 2460. Bureau of Educational and Cultural Affairs. (a) Establishment; responsibilities. (b) Revocation or diminution of grants. (c) Program requirements. (d) Administration of programs. (e) Office of Citizen Exchanges. 2461. United States-Soviet exchanges. (a) Financing of exchanges with repayments on Lend-Lease debts. (b) Limitation on availability of funds. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1475d, 1461-1a, 1475e, 2275, 2314, 2398, 2452a of this title; title 26 section 1441. ------DocID 31510 Document 23 of 1330------ -CITE- 24 USC Sec. 32, 33 -EXPCITE- TITLE 24 CHAPTER 1 -HEAD- Sec. 32, 33. Repealed. June 7, 1956, ch. 374, Sec. 306(2), 70 Stat. 254 -MISC1- Section 32, act May 10, 1943, ch. 95, Sec. 2, 57 Stat. 80, authorized hospitalization of dependents of naval and Marine Corps personnel. See section 1071 et seq. of Title 10, Armed Forces. Section 33, act May 10, 1943, ch. 95, Sec. 3, 57 Stat. 81, defined 'dependents' and 'children'. See section 1071 et seq. of Title 10. EFFECTIVE DATE OF REPEAL Repeal effective six months after June 7, 1956, see section 307 of act June 7, 1956. REPEAL OF APPROPRIATIONS Act May 10, 1943, ch. 95, Sec. 1, 57 Stat. 80, formerly set out as a note under section 32 of this title, which appropriated funds for the purpose of expanding facilities for the hospitalization of dependents of the Navy and Marine Corps, was also repealed by act June 7, 1956. ------DocID 31705 Document 24 of 1330------ -CITE- 25 USC Sec. 33 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 33. Superintendents in charge of reservations; administration of oath of office -STATUTE- Superintendents and acting superintendents in charge of Indian reservations, schools, irrigation and allotment projects are authorized and empowered to administer the oath of office required of employees placed under their jurisdiction. -SOURCE- (June 30, 1913, ch. 4, Sec. 1, 38 Stat. 80.) -COD- CODIFICATION Section is from the Indian Appropriation Act, 1914. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 33482 Document 25 of 1330------ -CITE- 25 USC CHAPTER 33 -EXPCITE- TITLE 25 CHAPTER 33 -HEAD- CHAPTER 33 - NATIONAL INDIAN FOREST RESOURCES MANAGEMENT -MISC1- Sec. 3101. Findings. 3102. Purposes. 3103. Definitions. 3104. Management of Indian forest land. (a) Management activities. (b) Management objectives. 3105. Forest management deduction. (a) Withholding of deduction. (b) Amount of deduction. (c) Use of deduction. (d) Limitations. 3106. Forest trespass. (a) Civil penalties; regulations. (b) Treatment of proceeds. (c) Concurrent jurisdiction. 3107. Direct payment of forest products receipts. (a) Regulations. (b) Payment into a bank depository. 3108. Secretarial recognition of tribal laws. 3109. Indian forest land assistance account. (a) Establishment. (b) Deposits and expenditures. (c) Audits. 3110. Tribal forestry programs. (a) Establishment. (b) Support allocation formula; criteria. 3111. Assessment of Indian forest land and management programs. (a) Initial assessment. (b) Periodic assessments. (c) Status report to Congress. (d) Assistance from Secretary of Agriculture. 3112. Alaska Native technical assistance program. (a) Establishment. (b) Indian Self-Determination Act. 3113. Establishment of Indian and Alaska Native forestry education assistance. (a) Forester intern program. (b) Cooperative education program. (c) Scholarship program. (d) Forestry education outreach. (e) Adequacy of programs. 3114. Postgraduation recruitment, education and training programs. (a) Postgraduation recruitment. (b) Postgraduate intergovernmental internships. (c) Continuing education and training. 3115. Cooperative agreement between Department of the Interior and Indian tribes. (a) Cooperative agreements. (b) Supervision. (c) Savings provision. 3116. Obligated service; breach of contract. (a) Obligated service. (b) Breach of contract; repayment. 3117. Authorization of appropriations. 3118. Regulations. 3119. Severability. 3120. Trust responsibility. ------DocID 33546 Document 26 of 1330------ -CITE- 26 USC Sec. 33 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart C -HEAD- Sec. 33. Tax withheld at source on nonresident aliens and foreign corporations -STATUTE- There shall be allowed as a credit against the tax imposed by this subtitle the amount of tax withheld at source under subchapter A of chapter 3 (relating to withholding of tax on nonresident aliens and on foreign corporations). -SOURCE- (Aug. 16, 1954, ch. 736, 68A Stat. 13, Sec. 32, renumbered Sec. 33 and amended July 18, 1984, Pub. L. 98-369, div. A, title IV, Sec. 471(c), 474(j), 98 Stat. 826, 832.) -MISC1- PRIOR PROVISIONS A prior section 33 was renumbered section 27 of this title. AMENDMENTS 1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 32 of this title as this section. Pub. L. 98-369, Sec. 474(j), amended section generally, striking out 'and on tax-free covenant bonds' after 'foreign corporations' in section catchline, and, in text, substituting 'as a credit against the tax imposed by this subtitle' for 'as credits against the tax imposed by this chapter', and striking out designation '(1)' before 'the amount of tax withheld', and ', and (2) the amount of tax withheld at source under subchapter B of chapter 3 (relating to interest on tax-free covenant bonds)' after 'on foreign corporations)'. EFFECTIVE DATE OF 1984 AMENDMENT Section 475(b) of Pub. L. 98-369 provided that: 'The amendments made by subsections (j) and (r)(29) (amending this section and sections 12, 164, 1441, 1442, 6049, and 7701 of this title and repealing section 1451 of this title) shall not apply with respect to obligations issued before January 1, 1984.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 874, 882, 921, 1446, 6211, 6401 of this title. ------DocID 34759 Document 27 of 1330------ -CITE- 26 USC CHAPTER 33 -EXPCITE- TITLE 26 Subtitle D CHAPTER 33 -HEAD- CHAPTER 33 - FACILITIES AND SERVICES -MISC1- Subchapter Sec. (FOOTNOTE 1) (A. Repealed.) (FOOTNOTE 1) Section numbers editorially supplied. B. Communications 4251 C. Transportation by air 4261 (D. Repealed.) E. Special provisions applicable to services and facilities taxes 4291 REPEAL OF SUBCHAPTER B Table of subchapters for chapter 33 amended by striking out the item relating to subchapter B dealing with Communications, effective Jan. 1, 1982, see Pub. L. 90-364, title I, Sec. 105(b)(3), June 28, 1968, 82 Stat. 266, as amended by Pub. L. 91-172, title VII, Sec. 702(b)(3), Dec. 30, 1969, 83 Stat. 660; Pub. L. 91-614, title II, Sec. 201(b)(3), Dec. 31, 1970, 84 Stat. 1843. Repeal of item B was not executed in view of the amendments to section 4251 of this title by Pub. L. 96-499, Pub. L. 97-34, Pub. L. 97-248, Pub. L. 98-369, Pub. L. 99-514, and Pub. L. 101-508, extending the date in (and finally eliminating) provisions which had reduced the tax to zero after a specified date. AMENDMENTS 1970 - Pub. L. 91-258, title II, Sec. 205(c)(5), May 21, 1970, 84 Stat. 242, substituted 'Transportation by air' for 'Transportation of persons by air' in item for subchapter C. 1965 - Pub. L. 89-44, title III, Sec. 301, 304, June 21, 1965, 79 Stat. 145, 148, struck out items for subchapters A and D. 1962 - Pub. L. 87-508, Sec. 5(c)(1), June 28, 1962, 76 Stat. 118, substituted 'Transportation of persons by air' for 'Transportation of persons' in item for subchapter C. 1958 - Pub. L. 85-475, Sec. 4(b)(1), June 30, 1958, 72 Stat. 260, substituted 'Transportation of persons' for 'Transportation' in item for subchapter C. EFFECTIVE DATE OF 1962 AMENDMENT Pub. L. 87-508, Sec. 5(d), June 28, 1962, 76 Stat. 119, provided in part that: 'The amendment made by subsection (c)(1) (amending item for subchapter C in the analysis) shall apply only with respect to transportation beginning after November 15, 1962.' -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 6302, 6416, 7512 of this title. ------DocID 35921 Document 28 of 1330------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 33 -EXPCITE- TITLE 26 APPENDIX TITLE IV -HEAD- Rule 33. Signing of Pleadings -STATUTE- (a) Signature: Each pleading shall be signed in the manner provided in Rule 23. Where there is more than one attorney of record, the signature of only one is required. Except when otherwise specifically directed by the Court, pleadings need not be verified or accompanied by affidavit. (b) Effect of Signature: The signature of counsel or a party constitutes a certificate by the signer that the signer has read the pleading, that, to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. The signature of counsel also constitutes a representation by counsel that counsel is authorized to represent the party or parties on whose behalf the pleading is filed. If a pleading is not signed, it shall be stricken, unless it is signed promptly after the omission is called to the attention of the pleader. If a pleading is signed in violation of this Rule, the Court, upon motion or upon its own initiative, may impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, including reasonable counsel's fees. ------DocID 36363 Document 29 of 1330------ -CITE- 28 USC CHAPTER 33 -EXPCITE- TITLE 28 PART II CHAPTER 33 -HEAD- CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION -MISC1- Sec. 531. Federal Bureau of Investigation. 532. Director of Federal Bureau of Investigation. 533. Investigative and other officials; appointment. 534. Acquisition, preservation, and exchange of identification records and information; appointment of officials. 535. Investigation of crimes involving Government officers and employees; limitations. 536. Positions in excepted service. 537. Expenses of unforeseen emergencies of a confidential nature. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 539. (FOOTNOTE 2) Counterintelligence official reception and representation expenses. (FOOTNOTE 2) So in original. There is no item 538. 540. Investigation of felonious killings of State or local law enforcement officers. AMENDMENTS 1988 - Pub. L. 100-690, title VII, Sec. 7331(b), Nov. 18, 1988, 102 Stat. 4468, added item 540. 1986 - Pub. L. 99-569, title IV, Sec. 401(b), Oct. 27, 1986, 100 Stat. 3195, added item 539. 1982 - Pub. L. 97-292, Sec. 3(b), Oct. 12, 1982, 96 Stat. 1260, inserted 'and information' after 'identification records' in item 534. 1966 - Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 616, substituted 'FEDERAL BUREAU OF INVESTIGATION' for 'UNITED STATES MARSHALS' in chapter heading, added items 531 to 537, and struck out items 541 to 556. -CROSS- CROSS REFERENCES Powers of Federal Bureau of Investigation, see section 3052 of Title 18, Crimes and Criminal Procedure. ------DocID 37015 Document 30 of 1330------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 33 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 33. Prehearing conference -STATUTE- The court may direct the attorneys for the parties to appear before the court or a judge thereof for a prehearing conference to consider the simplification of the issues and such other matters as may aid in the disposition of the proceeding by the court. The court or judge shall make an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues to those not disposed of by admissions or agreements of counsel, and such order when entered controls the subsequent course of the proceeding, unless modified to prevent manifest injustice. -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES The uniform rule for review or enforcement of orders of administrative agencies, boards, commissions or officers (see the general note following Rule 15) authorizes a prehearing conference in agency review proceedings. The same considerations which make a prehearing conference desirable in such proceedings may be present in certain cases on appeal from the district courts. The proposed rule is based upon subdivision 11 of the present uniform rule for review of agency orders. -CROSS- CROSS REFERENCES Pre-trial procedure in the district courts, see Rule 16, Federal Rules of Civil Procedure, this Appendix. ------DocID 37077 Document 31 of 1330------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 33 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE V -HEAD- Rule 33. Interrogatories to Parties -STATUTE- (a) Availability; Procedures for Use. Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection to or other failure to answer an interrogatory. (b) Scope; Use at Trial. Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the rules of evidence. An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pre-trial conference or other later time. (c) Option To Produce Business Records. Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, including a compilation, abstract or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained. -SOURCE- (As amended Dec. 27, 1946, eff. Mar. 19, 1948; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES This rule restates the substance of (former) Equity Rule 58 (Discovery - Interrogatories - Inspection and Production of Documents - Admission of Execution or Genuineness), with modifications to conform to these rules. NOTES OF ADVISORY COMMITTEE ON RULES - 1946 AMENDMENT Note. The added second sentence in the first paragraph of Rule 33 conforms with a similar change in Rule 26(a) and will avoid litigation as to when the interrogatories may be served. Original Rule 33 does not state the times at which parties may serve written interrogatories upon each other. It has been the accepted view, however, that the times were the same in Rule 33 as those stated in Rule 26(a). United States v. American Solvents & Chemical Corp. of California, D.Del. 1939, 30 F.Supp. 107; Sheldon v. Great Lakes Transit Corp., W.D.N.Y. 1942, 2 F.R.D. 272, 5 Fed.Rules Serv. 33.11, Case 3; Musher Foundation, Inc., v. Alba Trading Co., S.D.N.Y. 1941, 42 F.Supp. 281; 2 Moore's Federal Practice, 1938, 2621. The time within which leave of court must be secured by a plaintiff has been fixed at 10 days, in view of the fact that a defendant has 10 days within which to make objections in any case, which should give him ample time to engage counsel and prepare. Further in the first paragraph of Rule 33, the word 'service' is substituted for 'delivery' in conformance with the use of the word 'serve' elsewhere in the rule and generally throughout the rules. See also Note to Rule 13(a) herein. The portion of the rule dealing with practice on objections has been revised so as to afford a clearer statement of the procedure. The addition of the words 'to interrogatories to which objection is made' insures that only the answers to the objectionable interrogatories may be deferred, and that the answers to interrogatories not objectionable shall be forthcoming within the time prescribed in the rule. Under the original wording, answers to all interrogatories may be withheld until objections, sometimes to but a few interrogatories, are determined. The amendment expedites the procedure of the rule and serves to eliminate the strike value of objections to minor interrogatories. The elimination of the last sentence of the original rule is in line with the policy stated subsequently in this note. The added second paragraph in Rule 33 contributes clarity and specificity as to the use and scope of interrogatories to the parties. The field of inquiry will be as broad as the scope of examination under Rule 26(b). There is no reason why interrogatories should be more limited than depositions, particularly when the former represent an inexpensive means of securing useful information. See Hoffman v. Wilson Line, Inc., E.D.Pa. 1946, 9 Fed.Rules Serv. 33.514, Case 2; Brewster v. Technicolor, Inc., S.D.N.Y. 1941, 2 F.R.D. 186, 5 Fed.Rules Serv. 33.319, Case 3; Kingsway Press, Inc. v. Farrell Publishing Corp., S.D.N.Y. 1939, 30 F.Supp. 775. Under present Rule 33 some courts have unnecessarily restricted the breadth of inquiry on various grounds. See Auer v. Hershey Creamery Co., D.N.J. 1939, 2 Fed.Rules Serv. 33.31, Case 2, 1 F.R.D. 14; Tudor v. Leslie, D.Mass. 1940, 1 F.R.D. 448, 4 Fed.Rules Serv. 33.324, Case 1. Other courts have read into the rule the requirement that interrogation should be directed only towards 'important facts', and have tended to fix a more or less arbitrary limit as to the number of interrogatories which could be asked in any case. See Knox v. Alter, W.D.Pa. 1942, 2 F.R.D. 337, 6 Fed.Rules Serv. 33.352, Case 1; Byers Theaters, Inc. v. Murphy, W.D.Va. 1940, 3 Fed.Rules Serv. 33.31, Case 3, 1 F.R.D. 286; Coca-Cola Co. v. Dixi-Cola Laboratories, Inc., D.Md. 1939, 30 F.Supp. 275. See also comment on these restrictions in Holtzoff, Instruments of Discovery Under Federal Rules of Civil Procedure, 1942, 41 Mich.L.Rev. 205, 216-217. Under amended Rule 33, the party interrogated is given the right to invoke such protective orders under Rule 30(b) as are appropriate to the situation. At the same time, it is provided that the number of or number of sets of interrogatories to be served may not be limited arbitrarily or as a general policy to any particular number, but that a limit may be fixed only as justice requires to avoid annoyance, expense, embarrassment or oppression in individual cases. The party interrogated, therefore, must show the necessity for limitation on that basis. It will be noted that in accord with this change the last sentence of the present rule, restricting the sets of interrogatories to be served, has been stricken. In J. Schoeneman, Inc. v. Brauer, W.D.Mo. 1940, 1 F.R.D. 292, 3 Fed.Rules Serv. 33.31, Case 2, the court said: 'Rule 33 . . . has been interpreted . . . as being just as broad in its implications as in the case of depositions . . . It makes no difference therefore, how many interrogatories are propounded. If the inquiries are pertinent the opposing party cannot complain.' To the same effect, see Canuso v. City of Niagara Falls, W.D.N.Y. 1945, 8 Fed.Rules Serv. 33.352, Case 1; Hoffman v. Wilson Line, Inc., supra. By virtue of express language in the added second paragraph of Rule 33, as amended, any uncertainty as to the use of the answers to interrogatories is removed. The omission of a provision on this score in the original rule has caused some difficulty. See, e.g., Bailey v. New England Mutual Life Ins. Co., S.D.Cal. 1940, 1 F.R.D. 494, 4 Fed.Rules Serv. 33.46, Case 1. The second sentence of the second paragraph in Rule 33, as amended, concerns the situation where a party wishes to serve interrogatories on a party after having taken his deposition, or vice versa. It has been held that an oral examination of a party, after the submission to him and answer of interrogatories, would be permitted. Howard v. State Marine Corp., S.D.N.Y. 1940, 4 Fed.Rules Serv. 33.62, Case 1, 1 F.R.D. 499; Stevens v. Minder Construction Co., S.D.N.Y. 1943, 3 F.R.D. 498, 7 Fed.Rules Serv. 30b.31, Case 2. But objections have been sustained to interrogatories served after the oral deposition of a party had been taken. McNally v. Simons, S.D.N.Y. 1940, 3 Fed.Rules Serv. 33.61, Case 1, 1 F.R.D. 254; Currier v. Currier, S.D.N.Y. 1942, 3 F.R.D. 21, 6 Fed.Rules Serv. 33.61, Case 1. Rule 33, as amended, permits either interrogatories after a deposition or a deposition after interrogatories. It may be quite desirable or necessary to elicit additional information by the inexpensive method of interrogatories where a deposition has already been taken. The party to be interrogated, however, may seek a protective order from the court under Rule 30(b) where the additional deposition or interrogation works a hardship or injustice on the party from whom it is sought. NOTES OF ADVISORY COMMITTEE ON RULES - 1970 AMENDMENT Subdivision (a). The mechanics of the operation of Rule 33 are substantially revised by the proposed amendment, with a view to reducing court intervention. There is general agreement that interrogatories spawn a greater percentage of objections and motions than any other discovery device. The Columbia Survey shows that, although half of the litigants resorted to depositions and about one-third used interrogatories, about 65 percent of the objections were made with respect to interrogatories and 26 percent related to depositions. See also Speck, The Use of Discovery in United States District Courts, 60 Yale L.J. 1132, 1144, 1151 (1951); Note, 36 Minn.L.Rev. 364, 379 (1952). The procedures now provided in Rule 33 seem calculated to encourage objections and court motions. The time periods now allowed for responding to interrogatories - 15 days for answers and 10 days for objections - are too short. The Columbia Survey shows that tardy response to interrogatories is common, virtually expected. The same was reported in Speck, supra, 60 Yale L.J. 1132, 1144. The time pressures tend to encourage objections as a means of gaining time to answer. The time for objections is even shorter than for answers, and the party runs the risk that if he fails to object in time he may have waived his objections. E.g., Cleminshaw v. Beech Aircraft Corp., 21 F.R.D. 300 (D.Del. 1957); see 4 Moore's Federal Practice, 33.27 (2d ed. 1966); 2A Barron & Holtzoff, Federal Practice and Procedure 372-373 (Wright ed. 1961). It often seems easier to object than to seek an extension of time. Unlike Rules 30(d) and 37(a), Rule 33 imposes no sanction of expenses on a party whose objections are clearly unjustified. Rule 33 assures that the objections will lead directly to court, through its requirement that they be served with a notice of hearing. Although this procedure does preclude an out-of-court resolution of the dispute, the procedure tends to discourage informal negotiations. If answers are served and they are thought inadequate, the interrogating party may move under Rule 37(a) for an order compelling adequate answers. There is no assurance that the hearing on objections and that on inadequate answers will be heard together. The amendment improves the procedure of Rule 33 in the following respects: (1) The time allowed for response is increased to 30 days and this time period applies to both answers and objections, but a defendant need not respond in less than 45 days after service of the summons and complaint upon him. As is true under existing law, the responding party who believes that some parts or all of the interrogatories are objectionable may choose to seek a protective order under new Rule 26(c) or may serve objections under this rule. Unless he applies for a protective order, he is required to serve answers or objections in response to the interrogatories, subject to the sanctions provided in Rule 37(d). Answers and objections are served together, so that a response to each interrogatory is encouraged, and any failure to respond is easily noted. (2) In view of the enlarged time permitted for response, it is no longer necessary to require leave of court for service of interrogatories. The purpose of this requirement - that defendant have time to obtain counsel before a response must be made - is adequately fulfilled by the requirement that interrogatories be served upon a party with or after service of the summons and complaint upon him. Some would urge that the plaintiff nevertheless not be permitted to serve interrogatories with the complaint. They fear that a routine practice might be invited, whereby form interrogatories would accompany most complaints. More fundamentally, they feel that, since very general complaints are permitted in present-day pleading, it is fair that the defendant have a right to take the lead in serving interrogatories. (These views apply also to Rule 36.) The amendment of Rule 33 rejects these views, in favor of allowing both parties to go forward with discovery, each free to obtain the information he needs respecting the case. (3) If objections are made, the burden is on the interrogating party to move under Rule 37(a) for a court order compelling answers, in the course of which the court will pass on the objections. The change in the burden of going forward does not alter the existing obligation of an objecting party to justify his objections. E.g., Pressley v. Boehlke, 33 F.R.D. 316 (W.D.N.C. 1963). If the discovering party asserts than an answer is incomplete or evasive, again he may look to Rule 37(a) for relief, and he should add this assertion to his motion to overrule objections. There is no requirement that the parties consult informally concerning their differences, but the new procedure should encourage consultation, and the court may by local rule require it. The proposed changes are similar in approach to those adopted by California in 1961. See Calif.Code Civ.Proc. Sec. 2030(a). The experience of the Los Angeles Superior Court is informally reported as showing that the California amendment resulted in a significant reduction in court motions concerning interrogatories. Rhode Island takes a similar approach. See R. 33, R.I.R.Civ.Proc. Official Draft, p. 74 (Boston Law Book Co.). A change is made in subdivision (a) which is not related to the sequence of procedures. The restriction to 'adverse' parties is eliminated. The courts have generally construed this restriction as precluding interrogatories unless an issue between the parties is disclosed by the pleadings - even though the parties may have conflicting interests. E.g., Mozeika v. Kaufman Construction Co., 25 F.R.D. 233 (E.D.Pa. 1960) (plaintiff and third-party defendant); Biddle v. Hutchinson, 24 F.R.D. 256 (M.D.Pa. 1959) (codefendants). The resulting distinctions have often been highly technical. In Schlagenhauf v. Holder, 379 U.S. 104 (1964), the Supreme Court rejected a contention that examination under Rule 35 could be had only against an 'opposing' party, as not in keeping 'with the aims of a liberal, nontechnical application of the Federal Rules.' 379 U.S. at 116. Eliminating the requirement of 'adverse' parties from Rule 33 brings it into line with all other discovery rules. A second change in subdivision (a) is the addition of the term 'governmental agency' to the listing of organizations whose answers are to be made by any officer or agent of the organization. This does not involve any change in existing law. Compare the similar listing in Rule 30(b)(6). The duty of a party to supplement his answers to interrogatories is governed by a new provision in Rule 26(e). Subdivision (b). There are numerous and conflicting decisions on the question whether and to what extent interrogatories are limited to matters 'of fact,' or may elicit opinions, contentions, and legal conclusions. Compare, e.g., Payer, Hewitt & Co. v. Bellanca Corp., 26 F.R.D. 219 (D.Del. 1960) (opinions bad); Zinsky v. New York Central R.R., 36 F.R.D. 680 (N.D.Ohio 1964) (factual opinion or contention good, but legal theory bad); United States v. Carter Products, Inc., 28 F.R.D. 373 (S.D.N.Y.1961) (factual contentions and legal theories bad) with Taylor v. Sound Steamship Lines, Inc., 100 F.Supp. 388 (D.Conn. 1951) (opinions good), Bynum v. United States, 36 F.R.D. 14 (E.D.La. 1964) (contentions as to facts constituting negligence good). For lists of the many conflicting authorities, see 4 Moore's Federal Practice 33.17 (2d ed. 1966); 2A Barron & Holtzoff, Federal Practice and Procedure Sec. 768 (Wright ed. 1961). Rule 33 is amended to provide that an interrogatory is not objectionable merely because it calls for an opinion or contention that relates to fact or the application of law to fact. Efforts to draw sharp lines between facts and opinions have invariably been unsuccessful, and the clear trend of the cases is to permit 'factual' opinions. As to requests for opinions or contentions that call for the application of law to fact, they can be most useful in narrowing and sharpening the issues, which is a major purpose of discovery. See Diversified Products Corp. v. Sports Center Co., 42 F.R.D. 3 (D.Md. 1967); Moore, supra; Field & McKusick, Maine Civil Practice Sec. 26.18 (1959). On the other hand, under the new language interrogatories may not extend to issues of 'pure law,' i.e., legal issues unrelated to the facts of the case. Cf. United States v. Maryland & Va. Milk Producers Assn., Inc., 22 F.R.D. 300 (D.D.C. 1958). Since interrogatories involving mixed questions of law and fact may create disputes between the parties which are best resolved after much or all of the other discovery has been completed, the court is expressly authorized to defer an answer. Likewise, the court may delay determination until pretrial conference, if it believes that the dispute is best resolved in the presence of the judge. The principal question raised with respect to the cases permitting such interrogatories is whether they reintroduce undesirable aspects of the prior pleading practice, whereby parties were chained to misconceived contentions or theories, and ultimate determination on the merits was frustrated. See James, The Revival of Bills of Particulars under the Federal Rules, 71 Harv.L.Rev. 1473 (1958). But there are few if any instances in the recorded cases demonstrating that such frustration has occurred. The general rule governing the use of answers to interrogatories is that under ordinary circumstances they do not limit proof. See e.g., McElroy v. United Air Lines, Inc., 21 F.R.D. 100 (W.D.Mo. 1967); Pressley v. Boehlke, 33 F.R.D. 316, 317 (W.D.N.C. 1963). Although in exceptional circumstances reliance on an answer may cause such prejudice that the court will hold the answering party bound to his answer, e.g., Zielinski v. Philadelphia Piers, Inc., 139 F.Supp. 408 (E.D.Pa. 1956), the interrogating party will ordinarily not be entitled to rely on the unchanging character of the answers he receives and cannot base prejudice on such reliance. The rule does not affect the power of a court to permit withdrawal or amendment of answers to interrogatories. The use of answers to interrogatories at trial is made subject to the rules of evidence. The provisions governing use of depositions, to which Rule 33 presently refers, are not entirely apposite to answers to interrogatories, since deposition practice contemplates that all parties will ordinarily participate through cross-examination. See 4 Moore's Federal Practice 33.29(1) (2 ed. 1966). Certain provisions are deleted from subdivision (b) because they are fully covered by new Rule 26(c) providing for protective orders and Rules 26(a) and 26(d). The language of the subdivision is thus simplified without any change of substance. Subdivision (c). This is a new subdivision, adopted from Calif.Code Civ.Proc. Sec. 2030(c), relating especially to interrogatories which require a party to engage in burdensome or expensive research into his own business records in order to give an answer. The subdivision gives the party an option to make the records available and place the burden of research on the party who seeks the information. 'This provision, without undermining the liberal scope of interrogatory discovery, places the burden of discovery upon its potential benefitee,' Louisell, Modern California Discovery, 124-125 (1963), and alleviates a problem which in the past has troubled Federal courts. See Speck, The Use of Discovery in United States District Courts, 60 Yale L.J. 1132, 1142-1144 (1951). The interrogating party is protected against abusive use of this provision through the requirement that the burden of ascertaining the answer be substantially the same for both sides. A respondent may not impose on an interrogating party a mass of records as to which research is feasible only for one familiar with the records. At the same time, the respondent unable to invoke this subdivision does not on that account lose the protection available to him under new Rule 26(c) against oppressive or unduly burdensome or expensive interrogatories. And even when the respondent successfully invokes the subdivision, the court is not deprived of its usual power, in appropriate cases, to require that the interrogating party reimburse the respondent for the expense of assembling his records and making them intelligible. NOTES OF ADVISORY COMMITTEE ON RULES - 1980 AMENDMENT Subdivision (c). The Committee is advised that parties upon whom interrogatories are served have occasionally responded by directing the interrogating party to a mass of business records or by offering to make all of their records available, justifying the response by the option provided by this subdivision. Such practices are an abuse of the option. A party who is permitted by the terms of this subdivision to offer records for inspection in lieu of answering an interrogatory should offer them in a manner that permits the same direct and economical access that is available to the party. If the information sought exists in the form of compilations, abstracts or summaries then available to the responding party, those should be made available to the interrogating party. The final sentence is added to make it clear that a responding party has the duty to specify, by category and location, the records from which answers to interrogatories can be derived. ------DocID 37176 Document 32 of 1330------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Form 33 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE APPENDIX OF FORMS -HEAD- Form 33. Notice of Right To Consent to the Exercise of Civil Jurisdiction by a Magistrate and Appeal Option -STATUTE- In accordance with the provisions of Title 28, U.S.C. Sec. 636(c), you are hereby notified that the United States magistrates of this district court, in addition to their other duties, upon the consent of all parties in a civil case, may conduct any or all proceedings in a civil case including a jury or nonjury trial, and order the entry of a final judgment. You should be aware that your decision to consent, or not to consent, to the referral of your case to a United States magistrate must be entirely voluntary. Only if all the parties to the case consent to the reference to a magistrate will either the judge or magistrate to whom the case has been assigned be informed of your decision. An appeal from a judgment entered by a magistrate may be taken directly to the United States court of appeals for this judicial circuit in the same manner as an appeal from any other judgment of a district court. Alternatively, upon consent of all parties, an appeal from a judgment entered by a magistrate may be taken directly to a district judge. Cases in which an appeal is taken to a district judge may be reviewed by the United States court of appeals for this judicial circuit only by way of petition for leave to appeal. Copies of the Form for the 'Consent to Proceed Before a United States Magistrate' and 'Election of Appeal to a District Judge' are available from the clerk of the court. -SOURCE- (Added Apr. 28, 1983, eff. Aug. 1, 1983.) ------DocID 37300 Document 33 of 1330------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 33 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 33. Printing Requirements -STATUTE- .1. (a) Except for papers permitted by Rules 21, 22, and 39 to be submitted in typewritten form (see Rule 34), every document filed with the Court must be printed by a standard typographic printing process or be typed and reproduced by offset printing, photocopying, computer printing, or similar process. The process used must produce a clear, black image on white paper. In an original action under Rule 17, 60 copies of every document printed under this Rule must be filed; in all other cases, 40 copies must be filed. (b) The text of every document, including any appendix thereto, produced by standard typographic printing must appear in print as 11-point or larger type with 2-point or more leading between lines. The print size and typeface of the United States Reports from Volume 453 to date are acceptable. Similar print size and typeface should be standard throughout. No attempt should be made to reduce or condense the typeface in a manner that would increase the content of a document. Footnotes must appear in print as 9-point or larger type with 2-point or more leading between lines. A document must be printed on both sides of the page. (c) The text of every document, including any appendix thereto, printed or duplicated by any process other than standard typographic printing shall be done in pica type at no more than 10 characters per inch. The lines must be double spaced. The right-hand margin need not be justified, but there must be a margin of at least three-fourths of an inch. In footnotes, elite type at no more than 12 characters per inch may be used. The document should be printed on both sides of the page, if practicable. It shall not be reduced in duplication. A document which is photographically reduced so that the print size is smaller than pica type will not be received by the Clerk. (d) Whether printed under subparagraph (b) or (c) of this paragraph, every document must be produced on opaque, unglazed paper 6 1/8 by 9 1/4 inches in size, with type matter approximately 4 1/8 by 7 1/8 inches and margins of at least three-fourths of an inch on all sides. The document must be firmly bound in at least two places along the left margin (saddle stitch or perfect binding preferred) so as to make an easily opened volume, and no part of the text shall be obscured by the binding. Spiral and other plastic bindings may not be used. Appendices in patent cases may be duplicated in such size as is necessary to utilize copies of patent documents. .2. Every document must bear on the cover, in the following order, from the top of the page: (1) the number of the case or, if there is none, a space for one; (2) the name of this Court; (3) the Term; (4) the caption of the case as appropriate in this Court; (5) the nature of the proceeding and the name of the court from which the action is brought (e.g., 'Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit'; or, for a merits brief, 'On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit'); (6) the title of the paper (e.g., 'Petition for Writ of Certiorari,' 'Brief for Respondent,' 'Joint Appendix'); (7) the name of the member of the Bar of this Court who is counsel of record for the party concerned, and upon whom service is to be made, with a notation directly thereunder that the attorney is the counsel of record together with counsel's office address and telephone number. (There can be only one counsel of record noted on a single document.) The individual names of other members of the Bar of this Court, or of the Bar of the highest court of a State, and, if desired, their post office addresses, may be added, but counsel of record must be clearly identified. Names of persons other than attorneys admitted to a state Bar may not be listed. The foregoing must be displayed in an appropriate typographic manner and, except for the identification of counsel, may not be set in type smaller than 11-point or uppercase pica. .3. Every document produced under this Rule shall comply with the page limits shown below and shall have a suitable cover consisting of heavy paper in the color indicated. Counsel must be certain that there is adequate contrast between the printing and the color of the cover. --------------------------------------------------------------------- Page Limits ---------------- Type of : Typo- graphic :Typed and : Color of the Document : Printing : Double Spaced : Cover --------------------------------------------------------------------- a. Petition for: : : a Writ of : : : Certiorari : : : (Rule 14.4); : : : Jurisdictional: : : Statement : : : (Rule 18.3); : : : or Petition : : : for an Extra- : : : ordinary Writ : : : (Rule 20.2) : : : : : : : : : : : : : : : : : : : : : :30 :65 :White b. Brief in : : : Opposition : : : (Rule 15.3); : : : Motion to : : : Dismiss or : : : Affirm (Rule : : : 18.6); Brief : : : in Opposition : : : to Mandamus or: : : Prohibition : : : (Rule : : : 20.3(b)); or : : : Response to a : : : Petition for : : : Habeas Corpus : : : (Rule 20.4) : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : :30 :65 :Orange c. Reply to : : : Brief in : : : Opposition : : : (Rule 15.6); : : : or Brief : : : Opposing a : : : Motion to : : : Dismiss or : : : Affirm (Rule : : : 18.8) : : : : : : : : : : : : : : : :10 :20 :Tan d. Supplemental: : : Brief (Rules : : : 15.7 and 18.9): : : : : : :10 :20 :Tan e. Brief on the: : : Merits by : : : Petitioner or : : : Appellant : : : (Rule 24.3) : : : : : : : : :Light Blue f. Brief on the: : : Merits by : : : Respondent or : : : Appellee (Rule: : : 24.3) : : : : : : : : : :50 :110 :Light Red g. Reply Brief : : : on the Merits : : : (Rule 24.4) : : : :20 :45 :Yellow h. Brief of an : : : Amicus Curiae : : : at the : : : Petition Stage: : : (Rule 37.2) : : : : : : : : : :20 :45 :Cream i. Brief of an : : : Amicus Curiae : : : on the Merits : : : in Support of : : : the Petitioner: : : or Appellant : : : or in Support : : : of Neither : : : Party (Rule : : : 37.3) : : : : : : : : : : : : : : :Pastel or : : :Pale Green j. Brief of an : : : Amicus Curiae : : : on the Merits : : : in Support of : : : the Respondent: : : or Appellee : : : (Rule 37.3) : : : : : : : : : : : : : : : :30 :65 :Green k. Petition for: : : Rehearing : : : (Rule 44) : : : : : : :10 :20 :Tan ------------------------------- The above page limitations are exclusive of the questions presented page, the subject index, the table of authorities, and the appendix. Verbatim quotations required by Rule 14.1(f), if set forth in the text of the brief rather than the appendix, are also excluded. A motion for leave to file a brief amicus curiae filed pursuant to Rule 37 must be printed with the brief. A document filed by the United States, by any department, office, or agency of the United States, or by any officer or employee of the United States represented by the Solicitor General shall have a gray cover. A joint appendix and any other document shall have a tan cover. In a case filed under the original jurisdiction of the Court, the initial pleading and motion for leave to file and any accompanying brief shall have white covers. A brief in opposition to the motion for leave to file shall have an orange cover; exceptions to the report of a special master shall have a light blue cover, if filed by the plaintiff, and a light red cover, if filed by any other party; and a reply brief to any exceptions shall have a yellow cover. .4. The Court or a Justice, for good cause shown, may grant leave to file a document in excess of the page limits, but these applications are not favored. An application to exceed page limits shall comply in all respects with Rule 22 and must be submitted at least 15 days before the filing date of the document in question, except in the most extraordinary circumstances. .5. Every document which exceeds five pages (other than a single joint appendix) shall, regardless of the method of duplication, contain a table of contents and a table of authorities (i.e., cases alphabetically arranged, constitutional provisions, statutes, textbooks, etc.) with correct references to the pages in the document where they are cited. .6. The body of every document at its close shall bear the name of counsel of record and such other counsel, identified on the cover of the document in conformity with paragraph .2(7) of this Rule, as may be desired. One copy of every motion or application (other than a motion to dismiss or affirm under Rule 18) must in addition be signed by counsel of record at the end thereof. .7. The Clerk shall not accept for filing any document presented in a form not in compliance with this Rule, but shall return it indicating to the defaulting party any failure to comply. The filing, however, shall not thereby be deemed untimely provided that new and proper copies are promptly substituted. If the Court finds that the provisions of this Rule have not been adhered to, it may impose, in its discretion, appropriate sanctions including but not limited to dismissal of the action, imposition of costs, or disciplinary sanction upon counsel. ------DocID 37355 Document 34 of 1330------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 33 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE V -HEAD- Rule 33. Interrogatories to Parties -STATUTE- (a) Availability; Procedures for Use. Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon the United States after service of the complaint. The form of interrogatories is governed by Appendix G 7. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers and objections, if any, within 30 days after the service of the interrogatories, except that the defendant may serve answers or objections within 45 days after service of the complaint upon the defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection to or other failure to answer an interrogatory. (b) Scope; Use at Trial. Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the Federal Rules of Evidence. An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time. (c) Option To Produce Business Records. Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of such business records, including a compilation, abstract, or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect such records and to make copies, compilations, abstracts, or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Evidence, referred to in subd. (b), are set out in this Appendix. ------DocID 37462 Document 35 of 1330------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 33 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE V -HEAD- Rule 33. Interrogatories to Parties -STATUTE- (a) Availability - Procedures for Use. Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after filing of the complaint and upon any other party with or after service of the summons and complaint upon that party. Each interrogatory shall be answered separately and fully in writting under oath, unless it is objected to, in which event the reasons for objections shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection to or other failure to answer an interrogatory. (b) Scope - Use at Trial. Interrogatories may relate to any matters which can be inquired into under Rule 26(b), and the answers may be used to the extent permitted by the rules of evidence. An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a postassignment conference or other later time. (c) Option To Produce Business Records. Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business records, including a compilation, abstract or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained. -SOURCE- (As amended Oct. 3, 1984, eff. Jan. 1, 1985.) ------DocID 38500 Document 36 of 1330------ -CITE- 30 USC Sec. 33 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 33. Existing rights -STATUTE- All patents for mining claims upon veins or lodes issued prior to May 10, 1872, shall convey all the rights and privileges conferred by sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43 where no adverse rights existed on the 10th day of May, 1872. -SOURCE- (R.S. Sec. 2328.) -REFTEXT- REFERENCES IN TEXT Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, referred to in text, were in the original 'this chapter', meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. Sec. 2318 to 2352. -COD- CODIFICATION R.S. Sec. 2328 derived from act May 10, 1872, ch. 152, Sec. 9, 17 Stat. 94. Provision of this section respecting prosecution of applications for patents for mining claims in General Land Office, pending May 10, 1872, was omitted from the Code. -CROSS- CROSS REFERENCES Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 37, 38, 39, 40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section 460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714, 1732. ------DocID 39339 Document 37 of 1330------ -CITE- 31 USC CHAPTER 33 -EXPCITE- TITLE 31 SUBTITLE III CHAPTER 33 -HEAD- CHAPTER 33 - DEPOSITING, KEEPING, AND PAYING MONEY -MISC1- SUBCHAPTER I - DEPOSITS AND DEPOSITARIES Sec. 3301. General duties of the Secretary of the Treasury. 3302. Custodians of money. 3303. Designation of depositaries. 3304. Transfers of public money from depositaries. 3305. Audits of depositaries. SUBCHAPTER II - PAYMENTS 3321. Disbursing authority in the executive branch. 3322. Disbursing officials. 3323. Warrants. 3324. Advances. 3325. Vouchers. 3326. Waiver of requirements for warrants and advances. 3327. General authority to issue checks and other drafts. 3328. Paying checks and drafts. 3329. Withholding checks to be sent to foreign countries. 3330. Payment of Veterans' Administration checks for the benefit of individuals in foreign countries. 3331. Substitute checks. 3332. Checks payable to financial organizations designated by Government officers and employees. 3333. Relief for payments made without negligence. 3334. (FOOTNOTE 1) Cancellation and proceeds distribution of Treasury checks. (FOOTNOTE 1) Editorially supplied. Section 3334 added by Pub. L. 100-86 without corresponding amendment of chapter analysis. 3335. Timely disbursement of Federal funds. SUBCHAPTER III - MISCELLANEOUS 3341. Sale of Government warrants, checks, drafts, and obligations. 3342. Check cashing and exchange transactions. 3343. Check forgery insurance fund. AMENDMENTS 1990 - Pub. L. 101-453, Sec. 4(b), Oct. 24, 1990, 104 Stat. 1059, added item 3335. ------DocID 6967 Document 38 of 1330------ -CITE- 2 USC Sec. 33 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 33. Senators' salaries -STATUTE- Senators elected, whose term of office begins on the 3d day of January, and whose credentials in due form of law shall have been presented in the Senate, may receive their compensation from the beginning of their term. -SOURCE- (June 19, 1934, ch. 648, title I, Sec. 1, 48 Stat. 1022; Oct. 1, 1981, Pub. L. 97-51, Sec. 112(b)(2), 95 Stat. 963.) -MISC1- PRIOR PROVISIONS A prior section 33, act Mar. 3, 1883, ch. 143, 22 Stat. 632, which entitled Senators to receive their compensation monthly, from the beginning of their term, was repealed by section 112(b)(1) of Pub. L. 97-51. AMENDMENTS 1981 - Pub. L. 97-51 struck out 'monthly' after 'may receive their compensation'. EFFECTIVE DATE OF 1981 AMENDMENT Section 112(e) of Pub. L. 97-51 provided that: 'The amendments and repeals made by this section (enacting section 35a of this title and amending this section and sections 39 and 60c-1 of this title) shall be effective in the case of compensation payable for months after December 1981.' -CROSS- CROSS REFERENCES Claims for overpayment of pay or allowances to Senators, see section 130c of this title. ------DocID 39681 Document 39 of 1330------ -CITE- 33 USC CHAPTER 1 -EXPCITE- TITLE 33 CHAPTER 1 -HEAD- CHAPTER 1 - NAVIGABLE WATERS GENERALLY -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 1. Regulations by Secretary of the Army for navigation of waters generally. 2. Regulations for navigation of South and Southwest Passes of Mississippi River; penalties. 3. Regulations to prevent injuries from target practice. 4. Water gauges on Mississippi River and tributaries. 5. Abolition of tolls on Government canals, canalized rivers, etc.; expense of operation, repairs to and reconstruction of canals, etc.; Panama Canal excepted. 6. Free passage to harbor of Michigan City, Indiana. 7. Use of Government iron pier in Delaware Bay. 8. Toll free rivers in Alabama. 9. Des Moines River as toll free. 10. Waters in Louisiana Purchase as public highways. 11. Authority for compact between Middle Northwest States as to jurisdiction of offenses committed on boundary waters. 12. Port Arthur Ship Canal. SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME 21. Bayou Cocodrie, Louisiana. 22. Bayou Meto, Arkansas. 23. Bear Creek, Mississippi. 24. Big Tarkio River, Missouri. 25. Cache River, Arkansas. 26. Calumet River, Cook County, Illinois, old channel. 26a. Additional portion of Calumet River, old channel, abandoned as navigable water. 26b. Portion of Calumet River, Chicago, as nonnavigable stream. 27. Chicago River at Chicago, Illinois. 27a. Chicago River, West Fork of South Branch. 27b. Chicago River, West arm of South Fork of South Branch. 28. Crum River; old channel at mouth, Delaware Bay. 29. Cuivre River, Missouri. 29a. East River, Wisconsin. 30. Grand River, Missouri, above Brunswick. 31. Iowa River, Iowa, above Toolsboro. 32. Lake George, Mississippi. 33. Little River, Arkansas, from Big Lake to Marked Tree. 34. Mill Slough, Oregon. 35. Mississippi River, West Channel, opposite La Crosse, Wisconsin. 36. Mosquito Creek, South Carolina. 37. Nodaway River, Missouri. 38. Oklawaha River, Florida; Kyle and Young Canal and 'Morrison Landing extension' substituted. 39. Ollala Slough, Oregon. 40. One Hundred and Two River, Missouri. 41. Osage River, Missouri. 42. Platte River, Missouri. 43. Saint Marys River, Ohio and Indiana. 44. Sturgeon Bay, Illinois. 45. Swan Creek, Toledo, Ohio. 46. Tchula Lake, Mississippi. 47. Eagle Lake, Louisiana-Mississippi. 48. Noxubee River, Mississippi. 49. Bayou Saint John in New Orleans. 50. Turtle Bay and Turtle Bayou, Texas. 51. Scajaquada Creek, New York. 52. Park River, Connecticut. 53. Benton Harbor Canal, Michigan. 53a. Additional portion of Benton Harbor Canal, abandoned as navigable water. 54. Burr Creek, Bridgeport, Connecticut. 55. Bayou Savage (or Chantilly) in New Orleans. 56. Fort Point Channel and South Bay, Boston, Massachusetts. 57. Pike Creek, Wisconsin. 58. Acushnet River section of New Bedford and Fairhaven Harbor, Massachusetts. 59. West River in West Haven, Connecticut. 59a. Back Cove, Portland, Maine. (a) Portion declared nonnavigable. (b) Portion abandoned. (c) Preservation of right to alter, amend or repeal section. 59b. Bayous Terrebonne and LeCarpe, Louisiana. 59c. East River, New York. 59c-1. East and Hudson Rivers, New York. 59c-2. East River, New York. 59d. River Raisin, Michigan. 59e. Bayou Lafourche, Louisiana. 59e-1. Additional portion of Bayou Lafourche, Louisiana. 59f. Boston Inner Harbor and Fort Point Channel, Massachusetts. 59g. Steele and Washington Bayous, and Lake Washington, Mississippi. 59h. Northern Embarcadero area, San Francisco, California. 59i. Patapsco River, Maryland. 59j. Delaware River, Philadelphia County, Pennsylvania; permanent structures. 59j-1. Declaration of nonnavigability for portions of the Delaware River. (a) Area to be declared non-navigable; public interest. (b) Limits on applicability; regulatory requirements. (c) Expiration date. 59k. Wicomico River, Maryland. 59l. Nonapplicability of prohibitions and provisions for review and approval concerning wharves and piers. 59m. Lake Oswego, Oregon; Lake Coeur d'Alene, Idaho; and Lake George, New York. 59n. Hudson River, Hudson County, New Jersey. 59n-1. Caven Point, New Jersey. 59o. Hackensack River, Hudson County, New Jersey. 59p. Kenduskeag Stream, Penobscot County, Maine. 59q. Erie Basin, Buffalo Harbor, New York. 59q-1. Union Canal, Outer Buffalo Harbor, New York. 59r. Trent River, Craven County, North Carolina. 59s. Green River, Washington. 59t. Burnham Canal, Milwaukee, Wisconsin. 59u. Lawyer's Ditch, Essex County, New Jersey. 59v. Middle River, Maryland. (a) Description. (b) Pierhead and bulkhead line of Dark Head Creek. (c) Previously authorized projects. (d) Reservation of rights. 59w. Norton Basin and Jamaica Bay, New York. 59x. Exemption from General Bridge Act of 1946. (a) Waters declared nonnavigable. (b) Waters described. 59y. Declaration of nonnavigability for portions of Coney Island Creek and Gravesend Bay, New York. (a) Area to be declared non-navigable; public interest. (b) Limits on applicability; regulatory requirements. (c) Expiration date. 59z. Declaration of nonnavigability of bodies of water in Ridgefield, New Jersey. 59aa. Nonnavigability of Wisconsin River. 59bb. Declaration of nonnavigability for portions of Lake Erie. (a) Area to be declared nonnavigable; public interest. (b) Limits on applicability; regulatory requirements. (c) Expiration date. ------DocID 39682 Document 40 of 1330------ -CITE- 33 USC SUBCHAPTER I -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL PROVISIONS ------DocID 39683 Document 41 of 1330------ -CITE- 33 USC Sec. 1 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 1. Regulations by Secretary of the Army for navigation of waters generally -STATUTE- It shall be the duty of the Secretary of the Army to prescribe such regulations for the use, administration, and navigation of the navigable waters of the United States as in his judgment the public necessity may require for the protection of life and property, or of operations of the United States in channel improvement, covering all matters not specifically delegated by law to some other executive department. Such regulations shall be posted, in conspicuous and appropriate places, for the information of the public; and every person and every corporation which shall violate such regulations shall be deemed guilty of a misdemeanor and, on conviction thereof in any district court of the United States within whose territorial jurisdiction such offense may have been committed, shall be punished by a fine not exceeding $500, or by imprisonment (in the case of a natural person) not exceeding six months, in the discretion of the court. Any regulations prescribed by the Secretary of the Army in pursuance of this section may be enforced as provided in section 413 of this title, the provisions whereof are made applicable to the said regulations. -SOURCE- (Aug. 18, 1894, ch. 299, Sec. 4, 28 Stat. 362; June 13, 1902, ch. 1079, Sec. 6, 11, 32 Stat. 374; Aug. 8, 1917, ch. 49, Sec. 7, 40 Stat. 266; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION The first paragraph of this section is from section 4 of act Aug. 18, 1894, popularly known as the 'River and Harbor Act of 1894', as amended. As originally enacted, said section 4 made it the duty of the Secretary of War to prescribe rules and regulations for the use, administration, and navigation of any or all canals and similar works of navigation owned, operated, or maintained by the United States, and provided for the posting of such regulations and the punishment of violations thereof. Said section 4 was amended by section 11 of act June 13, 1902, principally by adding to the original section provisions authorizing the Secretary also to prescribe regulations to govern the speed and movement of vessels and other water craft in any public navigable channel which had been improved under authority of Congress, whenever in his judgment such regulations were necessary to protect such improved channel from injury or to prevent interference with the operations of the United States in improving navigable waters or injury to any plant that might be employed in such operations. Section 4 was also amended by section 7 of act Aug. 8, 1917, to read as set forth in the first paragraph hereof. The last paragraph of this section is from section 6 of act June 13, 1902. Said section 6 is also the source of the last proviso in section 499 of this title. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -MISC4- RULES AND REGULATIONS Administrative provisions covering definitions which the Coast Guard uses to examine waters to determine whether the Coast Guard has jurisdiction on those waters under particular laws of the United States are set out in chapter I, subchapter A, part 2, of Title 33, Navigation and Navigable Waters, in the Code of Federal Regulations. Such part 2, consisting of sections 2.01-1 to 2.10-10, sets out definitions of jurisdictional terms and provides for the availability of jurisdictional decisions. ------DocID 39684 Document 42 of 1330------ -CITE- 33 USC Sec. 2 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 2. Regulations for navigation of South and Southwest Passes of Mississippi River; penalties -STATUTE- The Secretary of the Army is authorized to make such rules and regulations for the navigation of the South and Southwest Passes of the Mississippi River as to him shall seem necessary or expedient for the purpose of preventing any obstruction to the channels through said South and Southwest Passes and any injury to the works therein constructed. The term 'South and Southwest Passes', as employed in this section, shall be construed as embracing the entire extent of channel in each case, between the upper ends of the works at the head of the pass and the outer or sea ends of the jetties at the entrance from the Gulf of Mexico; and any willful violation of any rule or regulation made by the Secretary of the Army in pursuance of this section shall be deemed a misdemeanor, for which the owner or owners, agent or agents, master or pilot of the vessel so offending shall be separately or collectively responsible, and on conviction thereof shall be punished by a fine of not less than $100, nor exceeding $500, or by imprisonment for not exceeding three months, or by both fine and imprisonment, at the discretion of the court. -SOURCE- (Mar. 3, 1909, ch. 264, Sec. 5, 35 Stat. 818; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION These provisions were part of section 5 of act Mar. 3, 1909, popularly known as the 'River and Harbor Appropriation Act of 1909'. These provisions superseded previous similar provisions relating to the navigation of the South Pass only, contained in act Aug. 11, 1888, ch. 860, Sec. 5, 25 Stat. 424, amended by act Sept. 19, 1890, ch. 907, Sec. 3, 26 Stat. 452. -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. ------DocID 39685 Document 43 of 1330------ -CITE- 33 USC Sec. 3 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 3. Regulations to prevent injuries from target practice -STATUTE- Authority to adopt regulations - In the interest of the national defense, and for the better protection of life and property on the navigable waters of the United States, the Secretary of the Army is authorized and empowered to prescribe such regulations as he may deem best for the use and navigation of any portion or area of the navigable waters of the United States or waters under the jurisdiction of the United States endangered or likely to be endangered by Artillery fire in target practice or otherwise, or by the proving operations of the Government ordnance proving grounds at Sandy Hook, New Jersey, or at any Government ordnance proving ground that may be established elsewhere on or near such waters, and of any portion or area of said waters occupied by submarine mines, mine fields, submarine cables, or other material and accessories pertaining to seacoast fortifications, or by any plant or facility engaged in the execution of any public project of river and harbor improvement; and the said Secretary shall have like power to regulate the transportation of explosives upon any of said waters: Provided, That the authority conferred shall be so exercised as not unreasonably to interfere with or restrict the food fishing industry, and the regulations prescribed in pursuance hereof shall provide for the use of such waters by food fishermen operating under permits granted by the Department of the Army. Detail of vessels to enforce regulations - To enforce the regulations prescribed pursuant to this section, the Secretary of the Army, may detail any public vessel in the service of the Department of the Army, or, upon the request of the Secretary of the Army, the head of any other department may enforce, and the head of any such department is authorized to enforce, such regulations by means of any public vessel of such department. Posting and violation of regulations - The regulations made by the Secretary of the Army pursuant to this section shall be posted in conspicuous and appropriate places, designated by him, for the information of the public; and every person who and every corporation which shall willfully violate any regulations made by the said Secretary pursuant to this section shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be punished by a fine not exceeding $500, or by imprisonment (in the case of a natural person) not exceeding six months, in the discretion of the court. Venue and jurisdiction of offenses; procedure - Offenses against the provisions of this section, or any regulation made pursuant thereto, committed in any Territory or other place subject to the jurisdiction of the United States where there is no court having general jurisdiction of crimes against the United States, shall be cognizable in any court of such place or Territory having original jurisdiction of criminal cases in the place or Territory in which the offense has been committed, with the same right of appeal in all cases as is given in other criminal cases where imprisonment not exceeding six months forms a part of the penalty, and jurisdiction is conferred upon such courts and such courts shall exercise the same for such purposes; and in case any such offense be committed beyond the territorial jurisdiction of any court having jurisdiction thereof, the offense shall be deemed and held to have been committed within the jurisdiction in which the offender may be found or into which he is first brought, and shall be tried by the court having jurisdiction thereof. -SOURCE- (July 9, 1918, ch. 143, subch. XIX, Sec. 1-4, 40 Stat. 892, 893; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Undesignated pars. 1 to 4 of this section are from sections 1 to 4, respectively, of act July 9, 1918, popularly known as the 'Army Appropriation Act of 1919'. Undesignated pars. 1 and 2 of this section superseded similar provisions of act Aug. 8, 1917, ch. 49, Sec. 8, 40 Stat. 266. -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. Coast Artillery changed to Artillery under authority of section 306(a) of act June 28, 1950, ch. 383, title III, 64 Stat. 269. Section 306(a) of act June 28, 1950 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 section 3063 continued the Artillery as a basic branch of the Army. -TRANS- TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40 (App. A(55)), July 22, 1949. -CROSS- CROSS REFERENCES Appeals in minor offenses - Right to, see section 3402 of Title 18, Crimes and Criminal Procedure. Rule governing, see Rule 58, Federal Rules of Criminal Procedure, Title 18, Appendix. ------DocID 39686 Document 44 of 1330------ -CITE- 33 USC Sec. 4 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 4. Water gauges on Mississippi River and tributaries -STATUTE- The Secretary of the Army is authorized and directed to have water gauges established, and daily observations made of the rise and fall of the Mississippi River and its tributaries. For the purpose of securing the uninterrupted gauging of the waters of the Mississippi River and its tributaries, as provided for in this section, upon the application of the Chief of Engineers, the Secretary of the Army is authorized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $9,600. -SOURCE- (R.S. Sec. 5252; Aug. 11, 1888, ch. 860, Sec. 6, 25 Stat. 424; June 13, 1902, ch. 1079, Sec. 9, 32 Stat. 374; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15), 68 Stat. 967.) -COD- CODIFICATION R.S. Sec. 5252 derived from Res. Feb. 21, 1871, No. 40, 16 Stat. 598. The first paragraph of this section is from R.S. Sec. 5252, which, as enacted, authorized and directed the establishment of water gauges and the making of daily observations at or in the vicinity of certain enumerated places, and at such other places as the Secretary of War might deem advisable. It further provided that the expenditure should be made from the appropriation for the improvement of rivers and harbors and that the annual cost of the observations should not exceed $5,000. These latter provisions were apparently modified by section 6 of act Aug. 11, 1888, as amended by section 9 of act June 13, 1902, which was substantially the second paragraph of this section. As originally enacted, section 6 of act Aug. 11, 1888, provided for the gauging of the waters of the Lower Mississippi and tributaries, and limited the cost for each year to the amount appropriated in the act for such purpose. -MISC3- AMENDMENTS 1954 - Act Aug. 30, 1954, repealed proviso requiring that an itemized statement of expenses incurred in gauging waters of the Mississippi River and its tributaries, as provided in this section, should accompany the annual report of the Chief of Engineers. -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. -MISC4- APPROPRIATIONS Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation under the title 'Gauging waters of the Mississippi and its tributaries (fiscal year) (8-961.54)' effective July 1, 1935, and provided that such portions of any Acts as make permanent appropriations to be expended under such account are amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as now provided by the laws providing such permanent appropriations. ------DocID 39687 Document 45 of 1330------ -CITE- 33 USC Sec. 5 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 5. Abolition of tolls on Government canals, canalized rivers, etc.; expense of operation, repairs to and reconstruction of canals, etc.; Panama Canal excepted -STATUTE- No tolls or operating charges whatever shall be levied upon or collected from any vessel, dredge, or other water craft for passing through any lock, canal, canalized river, or other work for the use and benefit of navigation, now belonging to the United States or that may be hereafter acquired or constructed; and for the purpose of preserving and continuing the use and navigation of said canals and other public works without interruption, the Secretary of the Army, upon the recommendation of the Chief of Engineers, United States Army, is authorized to draw his warrant or requisition, from time to time, upon the Secretary of the Treasury to pay the actual expenses of operating, maintaining, and keeping said works in repair, which warrants or requisitions shall be paid by the Secretary of the Treasury out of any money in the Treasury not otherwise appropriated: Provided, That whenever, in the judgment of the Secretary of the Army, the condition of any of the aforesaid works is such that its entire reconstruction is absolutely essential to its efficient and economical maintenance and operation as herein provided for, the reconstruction thereof may include such modifications in plan and location as may be necessary to provide adequate facilities for existing navigation: Provided further, That the modifications are necessary to make the reconstructed work conform to similar works previously authorized by Congress and forming a part of the same improvement, and that such modifications shall be considered and approved by the Board of Engineers for Rivers and Harbors and be recommended by the Chief of Engineers before the work of reconstruction is commenced: And provided further, That nothing contained in this section shall be held to apply to the Panama Canal. -SOURCE- (July 5, 1884, ch. 229, Sec. 4, 23 Stat. 147; Mar. 3, 1909, ch. 264, Sec. 6, 35 Stat. 818; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15), 68 Stat. 967.) -COD- CODIFICATION Section is from act July 5, 1884, popularly known as the 'Rivers and Harbors Appropriation Act of 1884'. The section, as originally enacted, was as follows: 'No tolls or operating charges whatsoever shall be levied or collected upon any vessel or vessels, dredges, or other passing water-craft through any canal or other work for the improvement of navigation belonging to the United States; and for the purpose of preserving and continuing the use and navigation of said canals, rivers, and other public works without interruption, the Secretary of War, upon the application of the chief engineer in charge of said works, is hereby authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury to pay the actual expenses of operating and keeping said works in repair, which warrants or requisitions shall be paid by the Secretary of the Treasury, out of any money in the Treasury not otherwise appropriated: Provided, however, That an itemized statement of said expenses shall accompany the annual report of the chief of engineers.' It was amended by act March 3, 1909, to read substantially as set forth above. -MISC3- AMENDMENTS 1954 - Act Aug. 30, 1954, repealed last proviso requiring that an itemized statement of expenses incurred in operating, maintaining, keeping in repair, and reconstructing locks, canals, etc., other than the Panama Canal, as provided in this section, should accompany the annual report of the Chief of Engineers. -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. -MISC4- APPROPRIATIONS Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation under the title 'Operating and care of canals and other works of navigation (8x881)' effective July 1, 1935, and provided that such portions of any Acts as make permanent appropriations to be expended under such account are amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as now provided by the laws providing such permanent appropriations. ------DocID 39688 Document 46 of 1330------ -CITE- 33 USC Sec. 6 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 6. Free passage to harbor of Michigan City, Indiana -STATUTE- The passage of vessels to and from the harbor of Michigan City, in Indiana, shall be free and not subject to toll or charge. -SOURCE- (R.S. Sec. 5247.) -COD- CODIFICATION R.S. Sec. 5247 derived from acts June 23, 1866, ch. 138, Sec. 1, 14 Stat. 73; Mar. 2, 1867, ch. 144, Sec. 2, 14 Stat. 421. ------DocID 39689 Document 47 of 1330------ -CITE- 33 USC Sec. 7 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 7. Use of Government iron pier in Delaware Bay -STATUTE- The Government iron pier in Delaware Bay near Lewes, Delaware, shall be open to public use under regulations to be prescribed by the Secretary of the Army. -SOURCE- (July 27, 1916, ch. 260, Sec. 1, 39 Stat. 394; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act July 27, 1916, popularly known as the 'Rivers and Harbors Appropriation Act of 1916'. A further provision of act July 27, 1916, repealed act Mar. 3, 1891, ch. 542, 26 Stat. 969, which authorized a transfer of the iron pier to the Treasury Department. -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. ------DocID 39690 Document 48 of 1330------ -CITE- 33 USC Sec. 8 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 8. Toll free rivers in Alabama -STATUTE- The Tennessee, Coosa, Cahawba, and Black Warrior Rivers, within the State of Alabama, shall be forever free from toll for all property belonging to the United States, and for all persons in their service, and for all citizens of the United States, except as to such tolls as may be allowed by Act of Congress. -SOURCE- (R.S. Sec. 5244.) -COD- CODIFICATION R.S. Sec. 5244 derived from act May 23, 1828, ch. 75, Sec. 7, 4 Stat. 290. ------DocID 39691 Document 49 of 1330------ -CITE- 33 USC Sec. 9 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 9. Des Moines River as toll free -STATUTE- The Des Moines River shall forever remain free from any toll, or other charge whatever, for any property of the United States, or persons in their service, passing along the same. -SOURCE- (R.S. Sec. 5246.) -COD- CODIFICATION R.S. Sec. 5246 derived from acts Aug. 8, 1846, ch. 103, Sec. 3, 9 Stat. 78; Jan. 20, 1870, ch. 7, 16 Stat. 61. ------DocID 39692 Document 50 of 1330------ -CITE- 33 USC Sec. 10 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 10. Waters in Louisiana Purchase as public highways -STATUTE- All the navigable rivers and waters in the former Territories of Orleans and Louisiana shall be and forever remain public highways. -SOURCE- (R.S. Sec. 5251.) -COD- CODIFICATION R.S. Sec. 5251 derived from act Mar. 3, 1811, ch. 46, Sec. 12, 2 Stat. 606. -CROSS- CROSS REFERENCES Bayou Cocodrie, Louisiana, declared nonnavigable, see section 21 of this title. ------DocID 39693 Document 51 of 1330------ -CITE- 33 USC Sec. 11 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 11. Authority for compact between Middle Northwest States as to jurisdiction of offenses committed on boundary waters -STATUTE- The consent of the Congress is given to the States of North Dakota, South Dakota, Minnesota, Wisconsin, Iowa, and Nebraska, or any two or more of them, by such agreement or compact as they may deem desirable or necessary, or as may be evidenced by legislative acts enacted by any two or more of said States, not in conflict with the Constitution of the United States or any law thereof, to determine and settle the jurisdiction to be exercised by said States, respectively, over offenses arising out of the violation of the laws of any of said States upon any of the waters forming the boundary lines between any two or more of said States, or waters through which such boundary line extends, and that the consent of the Congress be, and the same is, given to the concurrent jurisdiction agreed to by the States of Minnesota and South Dakota, as evidenced by the act of the Legislature of the State of Minnesota approved April 20, 1917, and the act of the Legislature of the State of South Dakota approved February 13, 1917. -SOURCE- (Mar. 4, 1921, ch. 176, 41 Stat. 1447.) -COD- CODIFICATION This section is from a resolution entitled a 'Joint Resolution giving consent of the Congress of the United States to the States of North Dakota, South Dakota, Minnesota, Wisconsin, Iowa, and Nebraska, or any two or more of said States, to agree upon the jurisdiction to be exercised by said States over boundary waters between any two or more of said States'. ------DocID 39694 Document 52 of 1330------ -CITE- 33 USC Sec. 12 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER I -HEAD- Sec. 12. Port Arthur Ship Canal -STATUTE- After there shall be conveyed to the United States, free of cost, a valid title to the line of water communication between Taylors Bayou and Sabine Pass, in the State of Texas, known as the Port Arthur Ship Canal, together with a valid title to the turning basin as existing June 19, 1906, and to the artificial slip on which the lumber dock of the Port Arthur Canal and Dock Company is built, the said waterways shall thereupon become free public waters of the United States, and be subject to the laws enacted by Congress for the maintenance, preservation, protection, and regulation of navigable waters: Provided, That the company or corporation conveying title to said canal as aforesaid shall also convey to the United States, free of cost, the fee to a strip of land one hundred and fifty feet wide along the westerly margin of the canal, except that where the right of way of the Southern Pacific Railroad Company prevents the transfer of such strip of land along the westerly margin of said canal there shall be conveyed such strip on the easterly margin thereof as may be necessary to make up such one hundred and fifty feet of width, with the reservation that until Congress shall have authorized and provided for the enlargement and widening of said canal the said company or corporation, its successors or assigns, shall have the right to control, occupy, and use the said strip of land and every part thereof in the same manner and to the same extent as before the execution and delivery of the conveyance, and also the right to transfer, lease, sell, quitclaim, or otherwise dispose of said property and every part thereof, subject to the grant made to the United States. The charges for the use of said docks and wharves shall be just and reasonable and shall not be greater than charges for similar services at other ports of the United States on the Gulf of Mexico. -SOURCE- (June 19, 1906, ch. 3436, Sec. 1, 34 Stat. 302.) -COD- CODIFICATION This section is from a proviso following provisions establishing an additional collection district in the State of Texas to be known as the district of Sabine; the establishment of the said district being conditioned on the making of the conveyance referred to in this section. Further provisions of the said proviso authorizing the Secretary of War to accept the said waterways as the property of the United States, and directing that the Act take effect only when the requirements of the section be fully complied with to the satisfaction of the Secretary of War, have been omitted as executed and obsolete. ------DocID 39695 Document 53 of 1330------ -CITE- 33 USC SUBCHAPTER II -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME ------DocID 39696 Document 54 of 1330------ -CITE- 33 USC Sec. 21 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 21. Bayou Cocodrie, Louisiana -STATUTE- Bayou Cocodrie, from its source to its junction with Bayou Chicot, in the State of Louisiana, is declared to be not a navigable water of the United States within the meaning of the laws enacted by the Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Feb. 25, 1921, ch. 71, Sec. 1, 2, 41 Stat. 1145.) -COD- CODIFICATION The first sentence hereof is section 1 and the second sentence section 2 of act Feb. 25, 1921, entitled 'An Act to declare Bayou Cocodrie nonnavigable from its source to its junction with Bayou Chicot'. ------DocID 39697 Document 55 of 1330------ -CITE- 33 USC Sec. 22 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 22. Bayou Meto, Arkansas -STATUTE- The Bayou Meto, in the State of Arkansas, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. -SOURCE- (Aug. 8, 1917, ch. 49, Sec. 16, 40 Stat. 268.) ------DocID 39698 Document 56 of 1330------ -CITE- 33 USC Sec. 23 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 23. Bear Creek, Mississippi -STATUTE- Bear Creek in Humphreys, Leflore, and Sunflower Counties, in the State of Mississippi, is declared to be a nonnavigable stream within the meaning of the Constitution and the laws of the United States. The right of Congress to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Mar. 3, 1923, ch. 229, Sec. 1, 2, 42 Stat. 1442.) -COD- CODIFICATION The first sentence hereof is section 1 and the last sentence section 2 of act Mar. 3, 1923, entitled 'An Act declaring Bear Creek in Humphreys, Leflore, and Sunflower counties, Mississippi, to be a nonnavigable stream'. ------DocID 39699 Document 57 of 1330------ -CITE- 33 USC Sec. 24 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 24. Big Tarkio River, Missouri -STATUTE- The Big Tarkio River, in the counties of Holt and Atchison, in the State of Missouri, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Feb. 15, 1910, ch. 33, Sec. 1, 2, 36 Stat. 194.) -COD- CODIFICATION The first sentence hereof is section 1 and the last sentence section 2 of act Feb. 15, 1910, entitled 'An Act to declare Big Tarkio River, in Holt and Atchison counties, Missouri, nonnavigable'. ------DocID 39700 Document 58 of 1330------ -CITE- 33 USC Sec. 25 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 25. Cache River, Arkansas -STATUTE- The Cache River in the State of Arkansas is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. This provision shall become void after one year from July 27, 1916, unless within said period the Legislature of Arkansas shall pass an act expressly approving this declaration. The right of the Congress to alter, amend, or repeal this section is expressly reserved. -SOURCE- (July 27, 1916, ch. 260, Sec. 1, 39 Stat. 399.) -COD- CODIFICATION Section was a provision of section 1 of act July 27, 1916, popularly known as the 'Rivers and Harbors Appropriation Act of 1916'. -MISC3- APPROVAL OF DECLARATION See Arkansas Laws 1917, ch. 2, act 406. ------DocID 39701 Document 59 of 1330------ -CITE- 33 USC Sec. 26 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 26. Calumet River, Cook County, Illinois, old channel -STATUTE- The portion of the old channel of the Calumet River in the northwest quarter of section thirty, township thirty-seven north, range fifteen east, of the third principal meridian, in Cook County, Illinois, which lies outside of the new channel lines as established by the United States and shown on 'Map of the Calumet River, Illinois, from Lake Michigan to Calumet Lake, to accompany report of W. G. Ewing, United States attorney to the Attorney-General, respecting cession of right of way for improvement of said river under Act of Congress approved July fifth, eighteen hundred and eighty-four,' is hereby abandoned as navigable water from and after the time that a navigable channel shall be cut through said quarter section within the new channel lines of the river as shown on the said map. The portion of the old channel of the Calumet River in the north quarter of fractional section 7, township 37 north, range 15 east, of the third principal meridian, south of the Indian boundary line, in Cook County, Illinois, which lies outside of the new channel lines as established by the United States and shown on 'map of the Calumet River, Illinois, from Lake Michigan to Calumet Lake, to accompany report of W. G. Ewing, United States attorney, to the Attorney General, respecting cession of right of way for improvement of said river, under Act of Congress approved July 5, 1884', is abandoned as navigable water. -SOURCE- (Apr. 21, 1904, ch. 1409, 33 Stat. 239, 240; Feb. 27, 1915, ch. 68, 38 Stat. 817.) -REFTEXT- REFERENCES IN TEXT Act of Congress approved July 5, 1884, referred to in text, is act July 5, 1884, ch. 229, 23 Stat. 143, which provided in part for the appropriation of $50,000 for the continuing improvement of the Calumet River, provided that no part of such appropriation be expended until the right of way should have been conveyed to the United States, free from expense, and the United States released from liability to adjacent property owners, to the satisfaction of the Secretary of War. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 26a of this title. ------DocID 39702 Document 60 of 1330------ -CITE- 33 USC Sec. 26a -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 26a. Additional portion of Calumet River, old channel, abandoned as navigable water -STATUTE- The portion of the old channel of the Calumet River in sections eighteen and nineteen, township thirty-seven north, range fifteen east, of the third principal meridian, in Cook County, Illinois, which lies outside of the new channel lines established by the United States and shown on the map referred to in section 26 of this title, and which lies outside of the exterior limits of the turning basin to be established on said Calumet River in said sections, is abandoned as navigable water of the United States from and after the time when the United States shall have secured title to the land necessary for the establishment of the turning basin at some point, to be approved by the Chief of Engineers, between One hundred and thirteenth Street and One hundred and seventeenth Street in the city of Chicago. -SOURCE- (Mar. 4, 1913, ch. 144, Sec. 1, 37 Stat. 816.) ------DocID 39703 Document 61 of 1330------ -CITE- 33 USC Sec. 26b -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 26b. Portion of Calumet River, Chicago, as nonnavigable stream -STATUTE- The portion of the Calumet River, in the city of Chicago, county of Cook, State of Illinois, lying between the intersections of this river with the two lines described below, is a nonnavigable stream within the meaning of the Constitution and laws of the United States: Beginning at a point on the south line of the north half of section 36, township 37 north, range 14 east, of the third principal meridian, one thousand eight hundred and seventy-three and seven-hundredths feet west of the east line of said section; thence northwesterly on a straight line to a point three thousand two hundred and eighty feet west of the east line and seven hundred and eighty-five feet south of the north line of said section; and Beginning at a point five hundred and eighty-five feet east of the west line and seven hundred and thirty-two feet north of the south line of section 31, township 37 north, range 15 east, of the third principal meridian; thence north forty-six degrees and thirty minutes east along a straight line to the easterly water's edge of said river. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (June 14, 1937, ch. 338, Sec. 2, 3, 50 Stat. 258, 259.) ------DocID 39704 Document 62 of 1330------ -CITE- 33 USC Sec. 27 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 27. Chicago River at Chicago, Illinois -STATUTE- All of that portion of the West Fork of the South Branch of the Chicago River in the county of Cook and State of Illinois, extending west from the west line of the collateral channel of the sanitary district of Chicago, in the northwest quarter of section 36, township 39 north, range 13 east, of the third principal meridian, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right of Congress to alter, amend, or repeal this provision is expressly reserved. The provisions of sections 401 and 403 of this title shall not apply to that portion of the west arm of the South Fork of the South Branch of the Chicago River, lying between the east line of Ashland Avenue and the north line of Thirty-ninth Street, in the city of Chicago, Illinois, as the same now exists or may hereafter be extended. All rights, authority, or control over that part of the Chicago River possessed or assumed by the United States are relinquished and abandoned, and all rights, authority, or control over the same that were possessed by the State of Illinois are fully restored to said State. As soon as the city of Chicago, or any other governmental agency or any corporation thereunto duly authorized by the Secretary of the Army, shall have constructed, after June 7, 1924, a new channel for the South Branch of the Chicago River between West Polk Street and West Nineteenth Street in said city of Chicago, then, and in that event, so much of the channel of the South Branch of the Chicago River as shall be superseded and replaced by said new channel in accordance with the permit of the Secretary of the Army shall be discontinued and abandoned. -SOURCE- (Jan. 24, 1923, ch. 33, Sec. 1, 2, 42 Stat. 1171; Feb. 27, 1923, ch. 142, 42 Stat. 1323; June 7, 1924, ch. 337, 43 Stat. 646; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION The two sentences comprising the first paragraph of this section are, respectively, sections 1 and 2 of act Jan. 24, 1923. The second paragraph of this section is from act Feb. 27, 1923. The last paragraph of this section is from act June 7, 1924. -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. ------DocID 39705 Document 63 of 1330------ -CITE- 33 USC Sec. 27a -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 27a. Chicago River, West Fork of South Branch -STATUTE- That portion of the West Fork of the South Branch of the Chicago River in Cook County, Illinois, lying between the west line (produced north) of the Collateral Channel of the Sanitary District of Chicago, in the northwest quarter of section 36, township 39 north, range 13 east, third principal meridian, and a line one thousand three hundred feet east of and parallel to the west line of section 30 (section line in South Western Avenue), township 39 north, range 13 east, third principal meridian, in the city of Chicago, Illinois, as the same now exists or may hereafter be extended, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Aug. 30, 1935, ch. 831, Sec. 10, 49 Stat. 1048.) ------DocID 39706 Document 64 of 1330------ -CITE- 33 USC Sec. 27b -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 27b. Chicago River, West arm of South Fork of South Branch -STATUTE- The portion of the west arm of the South Fork of the South Branch of the Chicago River, as established by the ordinance of the city of Chicago on July 17, 1911, in the southwest quarter of section 32, township 39 north, range 14 east of the third principal meridian, in the city of Chicago, county of Cook, State of Illinois, lying westerly of a straight line drawn from a point in south dock line of the said west arm 203.94 feet westerly of the point of intersection of the south dock line of the said west arm with the west dock line of the east arm of the South Fork of the South Branch of the Chicago River as established by said city of Chicago ordinance of July 17, 1911, measured along the south dock line of said west arm, thence to a point in the north dock line of the said west arm said point being 278 feet westerly of the intersection of the north dock line of the said west arm with the west dock line of the South Fork of the South Branch of the Chicago River as established by said city of Chicago ordinance of July 17, 1911, measured along the north dock line of said west arm of the South Fork of the South Branch of the Chicago River, is declared to be and is on and after September 1, 1959 to be regarded as a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States: Provided, That plans for a suitable bulkhead to retain any fill to be placed in the waterway shall be submitted to and approved by the Corps of Engineers, United States Army, prior to the placing of such fill. -SOURCE- (Pub. L. 86-218, Sept. 1, 1959, 73 Stat. 448.) ------DocID 39707 Document 65 of 1330------ -CITE- 33 USC Sec. 28 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 28. Crum River; old channel at mouth, Delaware Bay -STATUTE- After the channel of the Crum River where the same empties into the Delaware River has been changed, diverted, and straightened under the authority given to Alba B. Johnson and Samuel M. Vauclain and the Baldwin Locomotive Works by Act July 27, 1916, chapter 260, the said Crum River, as so straightened, shall be a public navigable stream, and the course and channel of the said river, as it existed July 27, 1916, from the right-of-way of the Philadelphia and Reading Railway Company to the low-water line in the Delaware River shall be abandoned and vacated when the above-mentioned new channel shall have been completed to a depth of four feet at mean low water, with a bottom width of sixty-two feet and width of one hundred feet at mean low-water level: Provided, That the Government shall have such right, title, and interest in and to the bed of said new channel as will assure the public the right to the perpetual use of said channel for all the purposes of navigation and commerce. -SOURCE- (July 27, 1916, ch. 260, Sec. 1, 39 Stat. 393.) -REFTEXT- REFERENCES IN TEXT Act July 27, 1916, chapter 260, referred to in text, is act July 27, 1916, ch. 260, 39 Stat. 393, which is classified to sections 7, 25, 28, 38, 424, and 648 to 650 of this title. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section is from a provision of section 1 of act July 27, 1916, popularly known as the 'Rivers and Harbors Appropriation Act of 1916'. The portion of that section authorizing the changing, diverting, and straightening of the channel of the river has been omitted as temporary and executed. ------DocID 39708 Document 66 of 1330------ -CITE- 33 USC Sec. 29 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 29. Cuivre River, Missouri -STATUTE- Cuivre River, in the counties of Lincoln and Saint Charles, in the State of Missouri, being the dividing line, is declared not to be a navigable stream, and shall be so treated by the Secretary of the Army and all other authorities. -SOURCE- (Mar. 23, 1900, ch. 88, 31 Stat. 50; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 39709 Document 67 of 1330------ -CITE- 33 USC Sec. 29a -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 29a. East River, Wisconsin -STATUTE- All of that portion of the East River, in the county of Brown, State of Wisconsin, extending from Baird Street, in the city of Green Bay, east and south is declared to be a nonnavigable stream within the meaning of the Constitution and Laws of the United States of America. The right of Congress to alter, amend or repeal this section is expressly reserved. -SOURCE- (Aug. 30, 1935, ch. 831, Sec. 9, 49 Stat. 1048.) ------DocID 39710 Document 68 of 1330------ -CITE- 33 USC Sec. 30 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 30. Grand River, Missouri, above Brunswick -STATUTE- Grand River in the State of Missouri above the city of Brunswick, in the county of Chariton in said State, is declared to be not a navigable stream and shall be so treated by the Secretary of the Army and by all other authorities. -SOURCE- (Feb. 15, 1905, ch. 574, 33 Stat. 715; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 39711 Document 69 of 1330------ -CITE- 33 USC Sec. 31 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 31. Iowa River, Iowa, above Toolsboro -STATUTE- So much of the Iowa River within the State of Iowa, as lies north of the town of Wapello, and so much of the said river within the State of Iowa, as lies between the town of Toolsboro and the town of Wapello, in the county of Louisa, shall not be deemed a navigable river or public highway, but dams and bridges may be constructed across it. -SOURCE- (R.S. Sec. 5248; Aug. 18, 1894, ch. 299, Sec. 1, 28 Stat. 356.) -COD- CODIFICATION R.S. Sec. 5248 derived from Res. July 13, 1868, No. 55, 15 Stat. 257; act May 6, 1870, ch. 92, 16 Stat. 121. The portion of this section relating to the Iowa river north of the town of Wapello is from R.S. Sec. 5248. The remainder the section, relating to so much of the river as lies between Toolsboro and Wapello, is from act Aug. 18, 1894. ------DocID 39712 Document 70 of 1330------ -CITE- 33 USC Sec. 32 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 32. Lake George, Mississippi -STATUTE- Lake George, in Yazoo County, in the State of Mississippi, is declared to be not a navigable water of the United States within the meaning of the laws enacted by the Congress for the preservation and protection of such waters. The right of Congress to alter, amend, or repeal this section is expressly reserved. -SOURCE- (May 24, 1922, ch. 198, Sec. 1, 2, 42 Stat. 552.) -COD- CODIFICATION The two sentences comprising this section are respectively sections 1 and 2 of act May 24, 1922, entitled 'An act declaring Lake George, Yazoo County, Mississippi, to be a nonnavigable stream'. ------DocID 8051 Document 71 of 1330------ -CITE- 5 USC CHAPTER 33 -EXPCITE- TITLE 5 PART III Subpart B CHAPTER 33 -HEAD- CHAPTER 33 - EXAMINATION, SELECTION, AND PLACEMENT -MISC1- SUBCHAPTER I - EXAMINATION, CERTIFICATION, AND APPOINTMENT Sec. 3301. Civil service; generally. 3302. Competitive service; rules. 3303. Competitive service; recommendations of Senators or Representatives. 3304. Competitive service; examinations. 3304a. Competitive service; career appointment after 3 years' temporary service. 3305. Competitive service; examinations; when held. (3306. Repealed.) 3307. Competitive service; maximum-age entrance requirements; exceptions. 3308. Competitive service; examinations; educational requirements prohibited; exceptions. 3309. Preference eligibles; examinations; additional points for. 3310. Preference eligibles; examinations; guards, elevator operators, messengers, and custodians. 3311. Preference eligibles; examinations; crediting experience. 3312. Preference eligibles; physical qualifications; waiver. 3313. Competitive service; registers of eligibles. 3314. Registers; preference eligibles who resigned. 3315. Registers; preference eligibles furloughed or separated. (3315a. Repealed.) 3316. Preference eligibles; reinstatement. 3317. Competitive service; certification from registers. 3318. Competitive service; selection from certificates. (3319. Repealed.) 3320. Excepted service; government of the District of Columbia; selection. 3321. Competitive service; probationary period. (3322. Repealed.) 3323. Automatic separations; reappointment; reemployment of annuitants. 3324. Appointments to positions classified above GS-15. 3325. Appointments to scientific and professional positions. 3326. Appointments of retired members of the armed forces to positions in the Department of Defense. 3327. Civil service employment information. 3328. Selective Service registration. SUBCHAPTER II - OATH OF OFFICE 3331. Oath of office. 3332. Officer affidavit; no consideration paid for appointment. 3333. Employee affidavit; loyalty and striking against the Government. SUBCHAPTER III - DETAILS 3341. Details; within Executive or military departments. 3342. Federal participants in executive exchange programs. 3343. Details; to international organizations. 3344. Details; administrative law judges. 3345. Details; to office of head of Executive agency or military department. 3346. Details; to subordinate offices. 3347. Details; Presidential authority. 3348. Details; limited in time. 3349. Details; to fill vacancies; restrictions. SUBCHAPTER IV - TRANSFERS 3351. Preference eligibles; transfer; physical qualifications; waiver. 3352. Preference in transfers for employees making certain disclosures. SUBCHAPTER V - PROMOTION 3361. Promotion; competitive service; examination. 3362. Promotion; effect of incentive award. 3363. Preference eligibles; promotion; physical qualifications; waiver. (3364. Repealed.) SUBCHAPTER VI - ASSIGNMENTS TO AND FROM STATES 3371. Definitions. 3372. General provisions. 3373. Assignments of employees to State or local governments. (FOOTNOTE 1) (FOOTNOTE 1) So in original. Does not conform to section catchline. 3374. Assignments of employees from State or local governments. 3375. Travel expenses. 3376. Regulations. SUBCHAPTER VII - AIR TRAFFIC CONTROLLERS 3381. Training. 3382. Involuntary separation for retirement. 3383. Determinations; review procedures. 3384. Regulations. 3385. Effect on other authority. SUBCHAPTER VIII - APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE 3391. Definitions. 3392. General appointment provisions. 3393. Career appointments. 3393a. Recertification. 3394. Noncareer and limited appointments. 3395. Reassignment and transfer within the Senior Executive Service. 3396. Development for and within the Senior Executive Service. 3397. Regulations. AMENDMENTS 1990 - Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(9)(C)(iii)), Nov. 5, 1990, 104 Stat. 1427, 1441, substituted 'Appointments to positions classified above GS-15' for 'Appointments at GS-16, 17, and 18' in item 3324. Pub. L. 101-416, Sec. 2(a)(2), Oct. 12, 1990, 104 Stat. 903, added item 3342. 1989 - Pub. L. 101-194, title V, Sec. 506(a)(2), Nov. 30, 1989, 103 Stat. 1758, added item 3393a. Pub. L. 101-12, Sec. 5(b), Apr. 10, 1989, 103 Stat. 33, added item 3352. 1988 - Pub. L. 100-398, Sec. 7(a)(3), Aug. 17, 1988, 102 Stat. 988, inserted 'agency' after 'Executive' in item 3345. 1985 - Pub. L. 99-145, title XVI, Sec. 1622(a)(2), Nov. 8, 1985, 99 Stat. 777, added item 3328. 1979 - Pub. L. 96-54, Sec. 2(a)(13), Aug. 14, 1979, 93 Stat. 382, struck out item 3315a 'Registers; individuals receiving compensation for work injuries'. 1978 - Pub. L. 95-454, title III, Sec. 303(b), 307(h)(2), 309(b), title IV, Sec. 403(b), title IX, Sec. 906(c)(4), Oct. 13, 1978, 92 Stat. 1146, 1149, 1152, 1165, 1227, substituted 'probationary period' for 'probation; period of' in item 3321, struck out item 3319 'Competitive service; selection; members of family restriction', added items 3327 and 3391 to 3397, and struck out items 3391 to 3398. Pub. L. 95-437, Sec. 3(b), Oct. 10, 1978, 92 Stat. 1058, added heading for subchapter VII and items 3391 to 3398. Pub. L. 95-256, Sec. 5(b)(2), Apr. 6, 1978, 92 Stat. 191, struck out item 3322 'Competitive service; temporary appointments after age 70'. Pub. L. 95-251, Sec. 2(c)(3), Mar. 27, 1978, 92 Stat. 184, substituted 'administrative law judges' for 'hearing examiners' in item 3344. Pub. L. 95-228, Sec. 2(a), Feb. 10, 1978, 92 Stat. 25, struck out item 3306 'Competitive service; departmental service; apportionment'. 1975 - Pub. L. 94-183, Sec. 2(7), Dec. 31, 1975, 89 Stat. 1057, struck out item 3364 'Promotion; substitute employees in the postal field service'. 1972 - Pub. L. 92-297, Sec. 2(b), 3(b), May 16, 1972, 86 Stat. 142, 144, substituted 'maximum age entrance requirements, exceptions' for 'maximum age requirement; restriction on use of appropriated funds' in item 3307, and added subchapter VII and items 3381 to 3385. 1971 - Pub. L. 91-648, title IV, Sec. 402(b), Jan. 5, 1971, 84 Stat. 1925, added heading for subchapter VI and items 3371 to 3376. 1970 - Pub. L. 91-375, Sec. 6(c)(7)(B), Aug. 12, 1970, 84 Stat. 776, struck out item 3327 'Postmasters; standards for determination of qualifications'. 1967 - Pub. L. 90-105, Sec. 1(b), Oct. 11, 1967, 81 Stat. 273, added item 3304a. Pub. L. 90-83, Sec. 1(9)(B), Sept. 11, 1967, 81 Stat. 197, added item 3315a. 1966 - Pub. L. 89-762, Sec. 1(b), Nov. 5, 1966, 80 Stat. 1312, struck out item 3342 'Details; field to departmental service prohibited'. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 31 section 3801. ------DocID 39714 Document 72 of 1330------ -CITE- 33 USC Sec. 34 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 34. Mill Slough, Oregon -STATUTE- Mill Slough, a tidal tributary of Coos Bay, lying within the limits of the city of Marshfield, State of Oregon, is declared to be not a navigable waterway of the United States, within the meaning of the laws enacted by Congress for the preservation and protection of such waterways, and the consent of Congress is given to the filling in of said slough by the said city of Marshfield. -SOURCE- (Oct. 23, 1913, ch. 33, 38 Stat. 233.) ------DocID 39715 Document 73 of 1330------ -CITE- 33 USC Sec. 35 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 35. Mississippi River, West Channel, opposite La Crosse, Wisconsin -STATUTE- The branch of the Mississippi River flowing between Grand Island and the mainland opposite the city of La Crosse, State of Wisconsin, and known as the West Channel, is declared unnavigable, and the said city of La Crosse is relieved of the necessity of maintaining a draw or pontoon bridge over said West Channel. -SOURCE- (Feb. 23, 1901, ch. 470, 31 Stat. 804.) ------DocID 39716 Document 74 of 1330------ -CITE- 33 USC Sec. 36 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 36. Mosquito Creek, South Carolina -STATUTE- Mosquito Creek, in Colleton County, South Carolina, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. -SOURCE- (Aug. 8, 1917, ch. 49, Sec. 15, 40 Stat. 268.) ------DocID 39717 Document 75 of 1330------ -CITE- 33 USC Sec. 37 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 37. Nodaway River, Missouri -STATUTE- Nodaway River, in the counties of Andrew, Holt, and Nodaway, in the State of Missouri, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Feb. 15, 1910, ch. 32, Sec. 1, 2, 36 Stat. 194.) ------DocID 39718 Document 76 of 1330------ -CITE- 33 USC Sec. 38 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 38. Oklawaha River, Florida; Kyle and Young Canal and 'Morrison Landing extension' substituted -STATUTE- Upon the conveyance to the United States, free of cost, title to the land occupied by what is known as the 'Kyle and Young Canal' and the 'Morrison Landing extension' of the same, on the Oklawaha River, in the State of Florida, together with title to a strip of land on the east side of said canal of such width as in the judgment of the Secretary of the Army may be required for the future widening of said canal and extension by the United States, the said canal and extension shall become a free public waterway of the United States in place of the natural bed of the river. -SOURCE- (July 27, 1916, ch. 260, Sec. 1, 39 Stat. 396; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 39719 Document 77 of 1330------ -CITE- 33 USC Sec. 39 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 39. Ollala Slough, Oregon -STATUTE- All of that portion of Ollala Slough in Lincoln County, Oregon, above a point where a line that is one hundred and twenty rods south and running east and west and parallel with the section line between sections 8 and 17 in township 11 south, range 10 west of the Willamette meridian, crosses said stream, is declared to be a nonnavigable stream. -SOURCE- (Feb. 26, 1917, ch. 119, 39 Stat. 937.) ------DocID 39720 Document 78 of 1330------ -CITE- 33 USC Sec. 40 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 40. One Hundred and Two River, Missouri -STATUTE- One Hundred and Two River south of the north boundary line of Andrew County, Missouri, as now located, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Feb. 15, 1910, ch. 31, Sec. 1, 2, 36 Stat. 194.) ------DocID 39721 Document 79 of 1330------ -CITE- 33 USC Sec. 41 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 41. Osage River, Missouri -STATUTE- The Osage River in the State of Missouri above the point where the south line of sections 15 and 16 in township 40 north, of range 22 west, of the fifth principal meridian, and in the county of Benton, State of Missouri, crosses said river, is declared not to be a navigable stream, and shall be so treated by the Secretary of the Army and by all other authorities. -SOURCE- (Mar. 4, 1904, ch. 393, 33 Stat. 58; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION This section superseded act June 24, 1902, ch. 1154, 32 Stat. 398, which declared that the Osage River above the point where the dividing line between the counties of Benton and Saint Clair crosses the river should not be a navigable stream. -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. ------DocID 39722 Document 80 of 1330------ -CITE- 33 USC Sec. 42 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 42. Platte River, Missouri -STATUTE- The Platte River in the State of Missouri is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States, and jurisdiction over said river is declared to be vested in the State of Missouri. The right of Congress to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Feb. 16, 1921, ch. 62, Sec. 1, 2, 41 Stat. 1105.) -COD- CODIFICATION The two sentences of this section are, respectively, from sections 1 and 2 of act Feb. 16, 1921, entitled 'An Act declaring the Platte River to be a nonnavigable stream'. ------DocID 39723 Document 81 of 1330------ -CITE- 33 USC Sec. 43 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 43. Saint Marys River, Ohio and Indiana -STATUTE- Saint Marys River, Ohio and Indiana, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. -SOURCE- (Aug. 8, 1917, ch. 49, Sec. 17, 40 Stat. 268.) ------DocID 39724 Document 82 of 1330------ -CITE- 33 USC Sec. 44 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 44. Sturgeon Bay, Illinois -STATUTE- So much of the west fork of Sturgeon Bay within the county of Mercer and State of Illinois as lies west of the line between the east half and the west half of the east half of section 25, in township 14 north, range 6 west of the fourth principal meridian, and so much of the east fork of said Sturgeon Bay as lies north of the north line of section 30, in township 14 north, range 5 west of the fourth principal meridian, shall not be deemed navigable waters of the United States. -SOURCE- (Feb. 7, 1907, No. 13, 34 Stat. 1421.) ------DocID 39725 Document 83 of 1330------ -CITE- 33 USC Sec. 45 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 45. Swan Creek, Toledo, Ohio -STATUTE- Swan Creek, a stream lying within the limits of the city of Toledo, State of Ohio, is declared to be not a navigable waterway of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waterways, and the consent of Congress is given for the filling in of said creek by the local authorities. -SOURCE- (Mar. 4, 1915, ch. 142, Sec. 13, 38 Stat. 1055.) -COD- CODIFICATION Section is from act Mar. 4, 1915, popularly known as the 'Rivers and Harbors Appropriation Act of 1915'. ------DocID 39726 Document 84 of 1330------ -CITE- 33 USC Sec. 46 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 46. Tchula Lake, Mississippi -STATUTE- Tchula Lake, in Holmes County, in the State of Mississippi, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right of Congress to alter, amend, or repeal this section is expressly reserved. -SOURCE- (July 1, 1922, ch. 266, Sec. 1, 2, 42 Stat. 816.) -COD- CODIFICATION The two sentences comprising this section are, respectively, sections 1 and 2 of act July 1, 1922, entitled 'An act declaring Tchula Lake, Holmes County, Mississippi, to be a nonnavigable stream'. ------DocID 39727 Document 85 of 1330------ -CITE- 33 USC Sec. 47 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 47. Eagle Lake, Louisiana-Mississippi -STATUTE- Eagle Lake, which lies partly within the limits of the State of Mississippi, in Warren County, and partly within the limits of the State of Louisiana, in Madison Parish, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (June 2, 1926, ch. 445, Sec. 1, 2, 44 Stat. 681.) ------DocID 39728 Document 86 of 1330------ -CITE- 33 USC Sec. 48 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 48. Noxubee River, Mississippi -STATUTE- That portion of the Noxubee River in Noxubee County, in the State of Mississippi is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right of Congress to amend or repeal this section is expressly reserved. -SOURCE- (Feb. 24, 1934, ch. 25, Sec. 1, 2, 48 Stat. 356.) ------DocID 39729 Document 87 of 1330------ -CITE- 33 USC Sec. 49 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 49. Bayou Saint John in New Orleans -STATUTE- Bayou Saint John, in the city of New Orleans, Louisiana, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (June 5, 1936, ch. 530, Sec. 1, 2, 49 Stat. 1484.) ------DocID 39730 Document 88 of 1330------ -CITE- 33 USC Sec. 50 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 50. Turtle Bay and Turtle Bayou, Texas -STATUTE- Turtle Bay and Turtle Bayou, in Chambers County, in the State of Texas, are declared to be nonnavigable waterways within the meaning of the Constitution and laws of the United States of America. The existing project for Turtle Bayou, Texas, authorized by the Rivers and Harbors Act approved June 25, 1910 (Act June 25, 1910, ch. 382, 36 Stat. 630), is abandoned. The right of Congress to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Mar. 10, 1937, ch. 36, Sec. 1-3, 50 Stat. 28.) -REFTEXT- REFERENCES IN TEXT The Rivers and Harbors Act approved June 25, 1910, referred to in text, is act June 25, 1910, ch. 382, 36 Stat. 630, as amended, which is classified to sections 546, 564, and 643 of this title. For complete classification of this Act to the Code, see Tables. ------DocID 39731 Document 89 of 1330------ -CITE- 33 USC Sec. 51 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 51. Scajaquada Creek, New York -STATUTE- Scajaquada Creek, Erie County, New York, is declared to be nonnavigable east of a line one hundred and thirty feet west of the west line of Niagara Street, city of Buffalo, county of Erie, New York, within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (May 14, 1937, ch. 183, Sec. 1, 2, 50 Stat. 165.) ------DocID 39732 Document 90 of 1330------ -CITE- 33 USC Sec. 52 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 52. Park River, Connecticut -STATUTE- The Park River, a minor tributary of the Connecticut River, located in Hartford County, Connecticut, is declared to be a nonnavigable waterway within the meaning of the Constitution and laws of the United States of America. The right of Congress to alter, amend, or repeal this section is expressly reserved. -SOURCE- (May 24, 1937, ch. 246, Sec. 1, 2, 50 Stat. 201.) ------DocID 39733 Document 91 of 1330------ -CITE- 33 USC Sec. 53 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 53. Benton Harbor Canal, Michigan -STATUTE- The Benton Harbor Canal at and above the west line of Ninth Street, in the city of Benton Harbor and State of Michigan, is declared to be not a navigable water of the United States within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (June 2, 1937, ch. 288, Sec. 1-3, 50 Stat. 243.) ------DocID 39734 Document 92 of 1330------ -CITE- 33 USC Sec. 53a -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 53a. Additional portion of Benton Harbor Canal, abandoned as navigable water -STATUTE- The Benton Harbor Canal, from the west line of Ninth Street extended northerly to the west line of Riverview Drive extended northerly in the city of Benton Harbor and State of Michigan, be, and the same is hereby, declared to be not a navigable water of the United States within the meaning of the Constitution and laws of the United States. -SOURCE- (Pub. L. 88-88, Sec. 1, Aug. 5, 1963, 77 Stat. 118.) ------DocID 39735 Document 93 of 1330------ -CITE- 33 USC Sec. 54 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 54. Burr Creek, Bridgeport, Connecticut -STATUTE- That portion of Burr Creek in the city of Bridgeport, Connecticut, lying north of a line across the creek beginning at the point of intersection of the south side of Yacht Street extended and the west harbor line of the harbor lines established by the Secretary of War December 9, 1924, thence south eighty-five degrees forty-six minutes seventeen seconds east to the east harbor line of said creek, is declared to be not a navigable water of the United States within the meaning of the Constitution and laws of the United States. Any project heretofore authorized by any Act of Congress, insofar as such project relates to the above described portion of Burr Creek in the city of Bridgeport, Connecticut, is abandoned. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Aug. 12, 1937, ch. 607, 50 Stat. 632; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 39736 Document 94 of 1330------ -CITE- 33 USC Sec. 55 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 55. Bayou Savage (or Chantilly) in New Orleans -STATUTE- Bayou Savage, also styled Bayou Chantilly, in the city of New Orleans, Louisiana, is declared to be a nonnavigable waterway within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Aug. 16, 1937, ch. 650, 50 Stat. 649.) ------DocID 39737 Document 95 of 1330------ -CITE- 33 USC Sec. 56 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 56. Fort Point Channel and South Bay, Boston, Massachusetts -STATUTE- The portion of the tidewaters in the waterway in which is located Fort Point Channel and South Bay in the city of Boston, Massachusetts, lying above the easterly side of the highway bridge over Fort Point Channel at Dorchester Avenue in the city of Boston is declared to be a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (May 13, 1955, ch. 37, 69 Stat. 48.) ------DocID 39738 Document 96 of 1330------ -CITE- 33 USC Sec. 57 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 57. Pike Creek, Wisconsin -STATUTE- Pike Creek, in the State of Wisconsin, above the easterly side of the highway bridge at Sixth Avenue in the city of Kenosha is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (July 26, 1955, ch. 377, 69 Stat. 373.) ------DocID 39739 Document 97 of 1330------ -CITE- 33 USC Sec. 58 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 58. Acushnet River section of New Bedford and Fairhaven Harbor, Massachusetts -STATUTE- The portion of the waterway in the city of New Bedford and the towns of Fairhaven and Acushnet lying north of the Coggeshall Street Bridge (north 41 degrees 31 minutes 00 seconds), is declared to be a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States. Any project heretofore authorized by any Act of Congress, insofar as such project relates to the above-described portions of the Acushnet River section of New Bedford and Fairhaven Harbor, is hereby abandoned. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Aug. 3, 1955, ch. 495, 69 Stat. 443.) ------DocID 39740 Document 98 of 1330------ -CITE- 33 USC Sec. 59 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59. West River in West Haven, Connecticut -STATUTE- The portion of the waterway in which is located the West River in the town of West Haven, Connecticut, and the city of New Haven, Connecticut, lying northerly of a line extending north 85 degrees 54 minutes 43.5 seconds east, from a point (1,158.535 feet from the most westerly corner of the existing bulkhead and pier line) whose coordinates in the Corps of Engineers Harbor Line System are north 4,616.76 and west 9,450.80, is declared to be a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States. The line hereinbefore described shall be established as a combined pierhead and bulkhead line of the West River. Any project heretofore authorized by an Act of Congress, insofar as such project relates to the above-described portion of the West River, is hereby abandoned. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Aug. 9, 1955, ch. 649, 69 Stat. 576.) ------DocID 39741 Document 99 of 1330------ -CITE- 33 USC Sec. 59a -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59a. Back Cove, Portland, Maine -STATUTE- (a) Portion declared nonnavigable That portion of Back Cove at Portland, Maine, lying southerly of a line across the twelve-foot Federal project channel in Back Cove twenty-five hundred feet upstream from the Tukey Bridge, to the head of Back Cove, is declared to be a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States. (b) Portion abandoned That portion of the twelve-foot Federal project channel in Back Cove lying southerly of a line across the channel twenty-five hundred feet upstream from the Tukey Bridge, to the head of Back Cove, a distance of approximately thirty-five hundred feet, is abandoned. (c) Preservation of right to alter, amend or repeal section The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Pub. L. 85-126, Aug. 13, 1957, 71 Stat. 344.) ------DocID 39742 Document 100 of 1330------ -CITE- 33 USC Sec. 59b -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59b. Bayous Terrebonne and LeCarpe, Louisiana -STATUTE- Bayou Terrebonne west of Barrow Street and Bayou LeCarpe west of the Intracoastal Waterway in the city of Houma, State of Louisiana, are declared to be not navigable waters of the United States within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Pub. L. 86-226, Sec. 2, 3, Sept. 8, 1959, 73 Stat. 455.) ------DocID 39743 Document 101 of 1330------ -CITE- 33 USC Sec. 59c -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59c. East River, New York -STATUTE- That portion of the East River, in New York County, State of New York, lying between the south line of East Seventeenth Street, extended eastwardly, the United States pierhead line as it existed on July 1, 1965, and the south line of East Thirtieth Street, extended eastwardly, is hereby declared to be not a navigable water of the United States within the meaning of the Constitution and the laws of the United States. -SOURCE- (Pub. L. 89-298, title III, Sec. 307, Oct. 27, 1965, 79 Stat. 1094.) ------DocID 39744 Document 102 of 1330------ -CITE- 33 USC Sec. 59c-1 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59c-1. East and Hudson Rivers, New York -STATUTE- Those portions of the East and Hudson Rivers in New York County, State of New York, lying shoreward of a line within the United States Pierhead Line as it exists on August 13, 1968, and bounded on the north by the north side of Spring Street extended westerly and the south side of Robert F. Wagner, Senior Place extended eastwardly, are hereby declared to be nonnavigable waters of the United States within the meaning of the laws of the United States. This declaration shall apply only to portions of the above-described area which are bulkheaded and filled. Plans for bulkheading and filling shall be approved by the Secretary of the Army, acting through the Chief of Engineers, on the basis of engineering studies to determine the location and structural stability of the bulkheading and filling in order to preserve and maintain the remaining navigable waterway. Local interests shall reimburse the Federal Government for any engineering costs incurred under this section. -SOURCE- (Pub. L. 90-483, title I, Sec. 113, Aug. 13, 1968, 82 Stat. 736.) ------DocID 39745 Document 103 of 1330------ -CITE- 33 USC Sec. 59c-2 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59c-2. East River, New York -STATUTE- If the Secretary of the Army, acting through the Chief of Engineers, finds that the proposed project to be erected at the location to be declared non-navigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of the bulkheading and filling and permanent pile-supported structures in order to preserve and maintain the remaining navigable waterway and on the basis of environmental studies conducted pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), then those portions of the East River in New York County, State of New York, bounded and described as follows are hereby declared to be not navigable waters of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given to the filling in of all or any part thereof or the erection of permanent pile-supported structures thereon: That portion of the East River in New York County, State of New York, lying shoreward of a line with the United States pierhead line as it exists on March 7, 1974, bounded on the north by the south side of Rutgers Slip extended easterly, and bounded on the south by the southeasterly border of Battery Park at a point adjacent to the westerly end of South Street extended south by southwest, is hereby declared to be non-navigable waters of the United States. This declaration shall apply only to portions of the above-described area which are bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section. -SOURCE- (Pub. L. 93-251, title I, Sec. 51, Mar. 7, 1974, 88 Stat. 26.) -REFTEXT- REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. ------DocID 39746 Document 104 of 1330------ -CITE- 33 USC Sec. 59d -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59d. River Raisin, Michigan -STATUTE- The old channel of the River Raisin in Monroe County, Michigan, lying between the Monroe Harbor range front light and Raisin Point, its entrance into Lake Erie, is declared to be not a navigable stream of the United States within the meaning of the Constitution and the laws of the United States, and the consent of Congress is hereby given for the filling in of the old channel by the riparian owners on such channel. -SOURCE- (Pub. L. 89-298, title III, Sec. 308, Oct. 27, 1965, 79 Stat. 1094.) ------DocID 39747 Document 105 of 1330------ -CITE- 33 USC Sec. 59e -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59e. Bayou Lafourche, Louisiana -STATUTE- Bayou Lafourche, in the State of Louisiana, between Canal Boulevard, city of Thibodaux, Parish of Lafourche, State of Louisiana, and the head of the bayou at its junction with the Mississippi River levee at the city of Donaldsonville, Parish of Ascension, State of Louisiana, is hereby declared to be a nonnavigable waterway of the United States within the meaning of the laws of the United States. The existing project for Bayou Lafourche, Louisiana, authorized by the Acts of August 30, 1935 (49 Stat. 1028) and July 14, 1960 (74 Stat. 480) is hereby deauthorized in the reach of Bayou Lafourche herein declared nonnavigable. The right to alter, amend, or repeal this section is hereby expressly reserved. -SOURCE- (Pub. L. 90-149, Nov. 22, 1967, 81 Stat. 507.) -REFTEXT- REFERENCES IN TEXT The provisions of the Acts of August 30, 1935 (49 Stat. 1028) and July 14, 1960 (74 Stat. 480), referred to in text, authorizing the Bayou Lafourche, Louisiana, project, are not classified to the Code. -MISC2- PORTION OF BAYOU LAFOURCHE DECLARED TO BE NAVIGABLE WATERWAY Pub. L. 101-595, title III, Sec. 314, Nov. 16, 1990, 104 Stat. 2987, provided that: 'Bayou Lafourche, in the State of Louisiana, between the Percy Brown Road (Hwy 648), city of Thibodaux, parish of Lafourche, and the Southern Pacific Railroad bridge crossing the bayou, city of Thibodaux, parish of Lafourche, is declared to be navigable waterway of the United States under chapter 11 of title 33, United States Code.' ------DocID 39748 Document 106 of 1330------ -CITE- 33 USC Sec. 59e-1 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59e-1. Additional portion of Bayou Lafourche, Louisiana -STATUTE- Bayou Lafourche, in the State of Louisiana, between Canal Boulevard, city of Thibodaux, parish of Lafourche and the Southern Pacific Railroad bridge crossing the bayou, city of Thibodaux, parish of Lafourche, is hereby declared to be a nonnavigable waterway of the United States within the meaning of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.). -SOURCE- (Pub. L. 99-307, Sec. 5, May 19, 1986, 100 Stat. 447.) -REFTEXT- REFERENCES IN TEXT The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is classified generally to subchapter III (Sec. 525 et seq.) of chapter 11 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables. ------DocID 39749 Document 107 of 1330------ -CITE- 33 USC Sec. 59f -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59f. Boston Inner Harbor and Fort Point Channel, Massachusetts -STATUTE- That portion of Boston Inner Harbor and Fort Point Channel in Suffolk County, Commonwealth of Massachusetts, lying within the following described area is hereby declared to be not a navigable water of the United States within the meaning of the laws of the United States: Beginning at the intersection of the northeasterly sideline of Northern Avenue and the westerly United States Pierhead Line of the Fort Point Channel and running northwesterly by the northwesterly sideline of Northern Avenue to the westerly sideline of Atlantic Avenue: thence turning and running northerly and northwesterly by the westerly sideline of Atlantic Avenue and of Commercial Street to the southeasterly sideline of Hanover Street; thence turning and running northeasterly by the southeasterly sideline of Hanover Street to the southwesterly property line of the United States Coast Guard Base; thence turning and running southeasterly by the southwesterly property line of the United States Coast Guard Base to the southeasterly property line of the United States Coast Guard Base; thence turning and running northeasterly by the southeasterly property line of the United States Coast Guard Base extended to the United States Pierhead Line; thence turning and running southeasterly, southerly and southwesterly by the United States Pierhead Line, to the point of beginning. -SOURCE- (Pub. L. 90-312, May 18, 1968, 82 Stat. 125.) ------DocID 39750 Document 108 of 1330------ -CITE- 33 USC Sec. 59g -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59g. Steele and Washington Bayous, and Lake Washington, Mississippi -STATUTE- Steele Bayou, in Warren, Issaquena, Sharkey, and Washington Counties, Mississippi, Washington Bayou, in Issaquena and Washington Counties, Mississippi, and Lake Washington, in Washington County, Mississippi, are hereby declared to be nonnavigable within the meaning of the laws of the United States. -SOURCE- (Pub. L. 90-483, title I, Sec. 108(a), Aug. 13, 1968, 82 Stat. 735.) ------DocID 39751 Document 109 of 1330------ -CITE- 33 USC Sec. 59h -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59h. Northern Embarcadero area, San Francisco, California -STATUTE- That portion of the Northern Embarcadero area, beginning at the intersection of the northwesterly line of Bryant Street with the southwesterly line of Spear Street, which intersection lies on the line of jurisdiction of the San Francisco Port Authority; following thence westerly and northerly along said line of jurisdiction as described in the State of California Harbor and Navigation Code Section 1770, as amended in 1961, to its intersection with the easterly line of Van Ness Avenue produced northerly; thence northerly along said easterly line of Van Ness Avenue produced to its intersection with the United States Government pier-head line; thence following said pier-head line easterly and southerly to its intersection with the northwesterly line of Bryant Street produced northeasterly; thence southwesterly along said northwesterly line of Bryant Street produced to the point of beginning, is hereby declared to be nonnavigable waters within the meaning of the laws of the United States, and the consent of Congress is hereby given for the filling in of all or any part of the described area. This declaration shall apply only to portions of the above-described area which are bulkheaded and filled or are occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers, on the basis of engineering studies to determine the location and structural stability of the bulkheading and filling and permanent pile-supported structures in order to preserve and maintain the remaining navigable waterway. Local interests shall reimburse the Federal Government for any engineering costs incurred under this section. -SOURCE- (Pub. L. 90-483, title I, Sec. 114, Aug. 13, 1968, 82 Stat. 736.) -REFTEXT- REFERENCES IN TEXT Section 1770 of the State of California Harbor and Navigation Code was repealed by Cal. Stats. 1970, ch. 385, p. 799, Sec. 2. ------DocID 39752 Document 110 of 1330------ -CITE- 33 USC Sec. 59i -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59i. Patapsco River, Maryland -STATUTE- That portion of the Northwest Branch of the Patapsco River located generally south of Pratt Street, east of Light Street, north of Key Highway, in the city of Baltimore, State of Maryland, and being more particularly described as all of that portion of the Northwest Branch of the Patapsco River lying west of a series of lines beginning at the point formed by the intersection of the south side of Pratt Street, as now laid out, and the west side of Pier 3 and running thence binding on the west side of Pier 3, south 04 degrees 19 minutes 47 seconds east 726.59 feet to the southwest corner of Pier 3; thence crossing the Northwest Branch of the Patapsco River, south 23 degrees 01 minutes 15 seconds west 855.36 feet to the point formed by the intersection of the existing pierhead and bulkhead line and the east side of Battery Avenue, last said point of intersection being the end of the first line of the fourth parcel of land conveyed by J. and F. Realty, Incorporated to Allegheny Pepsi-Cola Bottling Company by deed dated December 22, 1965, and recorded among the Land Record of Baltimore City in Liber J. F. C. numbered 2006 folio 345, the location of said pierhead and bulkhead line is based upon the Corps of Engineers, Baltimore District, Baltimore, Maryland, coordinate value for station LIV of said pierhead and bulkhead line, the coordinate value as referred to the Lambert grid plane coordinate system for the State of Maryland of said station LIV being east 2,111,161.40, north 527,709.27 and thence binding on the east side of Battery Avenue, south 03 degrees 09 minutes 07 seconds east 568 feet, more or less, to intersect the north side of Key Highway as now laid out and located is hereby declared to be not a navigable stream of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given for the filling in of all or any part of the described area. -SOURCE- (Pub. L. 90-483, title I, Sec. 115, Aug. 13, 1968, 82 Stat. 736.) ------DocID 39753 Document 111 of 1330------ -CITE- 33 USC Sec. 59j -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59j. Delaware River, Philadelphia County, Pennsylvania; permanent structures -STATUTE- That portion of the Delaware River in Philadelphia County, Commonwealth of Pennsylvania, lying between all that certain lot or piece of ground situate in the second and fifth wards of the city of Philadelphia described as follows: Beginning at a point on the easterly side of Delaware Avenue (variable width) said side being the bulkhead line of the Delaware River (approved by the Secretary of War on September 10, 1940), at the distance of 1,833.652 feet from an angle point on the easterly side of said Delaware Avenue south of Washington Avenue; thence extending along the easterly side of said Delaware Avenue the following courses and distances, (1) north 0 degree 45 minutes 33.2 seconds west 2,524.698 feet to a point; (2) north 9 degrees 36 minutes 25 seconds east, 2,168.160 feet to a point; (3) north 13 degrees 26 minutes 45.8 seconds east, 2,039.270 feet to a point; (4) north 20 degrees 12 minutes 52.4 seconds east, 35.180 feet to an angle point in Delaware Avenue; thence continuing north 20 degrees 12 minutes 52.4 seconds east along the said bulkhead line, the distance of 574.970 feet to a point on the south house line of Callowhill Street produced; thence extending along the south house line of Callowhill Street produced south 80 degrees 47 minutes 30.6 seconds east, the distance of 523.908 feet to a point on the pierhead line of the Delaware River (approved by the Secretary of War on September 10, 1940); thence extending along the said pierhead line the following courses and distances, (1) south 17 degrees 52 minutes 48.5 seconds west, 605.262 feet to a point; (2) south 14 degrees 14 minutes 14.7 seconds west, 1,372.530 feet to a point; (3) south 10 degrees 37 minutes 35.3 seconds west, 1,252.160 feet to a point; (4) south 8 degrees 23 minutes 50.4 seconds west, 1,450.250 feet to a point; (5) south 2 degrees 22 minutes 45.9 seconds west, 1,221.670 feet to a point; (6) south 1 degree 4 minutes 36 seconds east, 1,468.775 feet to a point on the north house line of Catherine Street extended, thence extending north 76 degrees 56 minutes 29.2 seconds west, the distance of 555.911 feet to the first mentioned point and place of beginning is hereby declared not to be a navigable water of the United States within the meaning of the Constitution and laws of the United States, and the Consent of Congress is hereby given, for the filling or erection of permanent structures in all or any part of the described area. -SOURCE- (Pub. L. 92-605, Sec. 1, Oct. 31, 1972, 86 Stat. 1493.) -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. -MISC4- PERMANENT STRUCTURES IN ABOVE-DESCRIBED AREA; APPROVAL OF PLANS Section 2 of Pub. L. 92-605 provided that: 'This declaration (this section) shall apply only to portions of the above-described area which are filled or occupied by permanent structures. No such filling or erection of structures in the above-described area shall be commenced until the plans therefor have been approved by the Secretary of the Army who shall, prior to granting such approval, give consideration to all factors affecting the general public interest and the impact of the proposed work on the environment.' ------DocID 39754 Document 112 of 1330------ -CITE- 33 USC Sec. 59j-1 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59j-1. Declaration of nonnavigability for portions of the Delaware River -STATUTE- (a) Area to be declared non-navigable; public interest Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects in Philadelphia, Pennsylvania, to be undertaken within the boundaries described below, are not in the public interest then, subject to subsections (b) and (c) of this section, those portions of the Delaware River, bounded and described as follows, are declared to be non-navigable waters of the United States: (1) Liberty Landing. (Omitted) (2) Marina Towers and World Trade Center - Pier 25 North. (Omitted) (3) Marine Trade Center - Pier 24 North. (Omitted) (4) National Sugar Company 'Sugar House'. (Omitted) (5) Rivercenter. (Omitted) (b) Limits on applicability; regulatory requirements The declaration under subsection (a) of this section shall apply only to those parts of the areas described in subsection (a) of this section which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations, including, but not necessarily limited to, sections 401 and 403 of this title, section 1344 of this title, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (c) Expiration date If, 20 years from November 17, 1988, any area or part thereof described in subsection (a) of this section is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in subsection (b) of this section, or if work in connection with any activity permitted in subsection (b) of this section is not commenced within 5 years after issuance of such permits, then the declaration of non-navigability for such area or part thereof shall expire. -SOURCE- (Pub. L. 100-676, Sec. 38, Nov. 17, 1988, 102 Stat. 4032.) -REFTEXT- REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. -COD- CODIFICATION The text of the boundary descriptions contained in pars. (1) to (5) of subsec. (a), which is not set out in the Code, appears at 102 Stat. 4032 to 4038. -CROSS- 'SECRETARY' DEFINED Secretary means the Secretary of the Army, see section 2 of Pub. L. 100-676, set out as a note under section 2201 of this title. ------DocID 39755 Document 113 of 1330------ -CITE- 33 USC Sec. 59k -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59k. Wicomico River, Maryland -STATUTE- (a) If the Secretary of the Army acting through the Chief of Engineers, finds that the proposed project in Salisbury, Maryland, to be undertaken at the locations to be declared nonnavigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of any bulkheading and filling and permanent pile-supported structures, in order to preserve and maintain the remaining navigable waterway and on the basis of environmental studies conducted pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), then those portions of the South Prong of the Wicomico River in Wicomico County, State of Maryland, bounded and described as follows, are declared to be not a navigable water of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given, consistent with subsection (b) of this section, to the filling in of a part thereof or the erection of permanent pile-supported structures thereon: That portion of the South Prong of the Wicomico River in Salisbury, Maryland, bounded on the east by the west side of United States Route 13; on the west by the west side of the Mill Street Bridge; on the south by a line five feet landward from the present water's edge at high tide extending the entire length of the South Prong from the east boundary at United States Route 13 to the west boundary at the Mill Street Bridge; and on the north by a line five feet landward from the present water's edge at high tide extending the entire length of the South Prong from the east boundary at United States Route 13 to the west boundary at the Mill Street Bridge. (b) This declaration shall apply only to the portions of the areas described in subsection (a) of this section which are bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Such bulkheaded and filled areas or areas occupied by permanent pile-supported structures shall not reduce the existing width of the Wicomico River to less than sixty feet and a minimum depth of five feet shall be maintained within such sixty-foot width of the Wicomico River. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section. -SOURCE- (Pub. L. 93-251, title I, Sec. 97, Mar. 7, 1974, 88 Stat. 40.) -REFTEXT- REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. ------DocID 39756 Document 114 of 1330------ -CITE- 33 USC Sec. 59l -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59l. Nonapplicability of prohibitions and provisions for review and approval concerning wharves and piers -STATUTE- The prohibitions and provisions for review and approval concerning wharves and piers in waters of the United States as set forth in sections 403 and 565 of this title shall not apply to any body of water located entirely within one State which is, or could be, considered to be a navigable body of water of the United States solely on the basis of historical use in interstate commerce. -SOURCE- (Pub. L. 94-587, Sec. 154, Oct. 22, 1976, 90 Stat. 2932.) ------DocID 39757 Document 115 of 1330------ -CITE- 33 USC Sec. 59m -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59m. Lake Oswego, Oregon; Lake Coeur d'Alene, Idaho; and Lake George, New York -STATUTE- For the purposes of section 403 of this title the following bodies of water are declared nonnavigable: Lake Oswego, Oregon; Lake Coeur d'Alene, Idaho; and Lake George, New York. -SOURCE- (Pub. L. 94-587, Sec. 162, Oct. 22, 1976, 90 Stat. 2934.) -COD- CODIFICATION 'Section 403 of this title' substituted in text for 'section 10 of the Act of March 3, 1899 (30 Stat. 1151) (33 U.S.C. 401)' as the probable intent of Congress in that section 10 of said act is set out as section 403 of this title while section 401 of this title is based on section 9 of the act of Mar. 3, 1899. ------DocID 39758 Document 116 of 1330------ -CITE- 33 USC Sec. 59n -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59n. Hudson River, Hudson County, New Jersey -STATUTE- (a) If the Secretary of the Army, acting through the Chief of Engineers, finds that the proposed project to be erected at the location to be declared nonnavigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of any bulkheading and filling and permanent pile-supported structure, in order to preserve and maintain the remaining navigable waterway and on the basis of environmental studies conducted pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), then that portion of the Hudson River in Hudson County, State of New Jersey, bounded and described as follows is hereby declared to be nonnavigable water of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given to the filling in of all or any part thereof and the erection of permanent pile-supported structures thereon: Such portion is in the township of North Bergen in the county of Hudson and State of New Jersey, and is more particularly described as follows: At a point in the easterly right-of-way of New Jersey Shore Line Railroad (formerly New Jersey Junction Railroad) said point being located northerly, measured along said easterly right-of-way, 81.93 feet from Station 54+42.4 as shown on construction drawing dated May 23, 1931, of River Road, filed in the Office of the Hudson County Engineer, Jersey City, New Jersey: thence (1) northerly and along said easterly right-of-way on a bearing of north 12 degrees 11 minutes 14 seconds east, a distance of 280 feet to a point; thence (2) south 75 degrees 28 minutes 24 seconds east, a distance of 310 feet to a point; thence (3) south 17 degrees 15 minutes 41 seconds east, a distance of 101.70 feet to a point; thence (4) south 62 degrees 18 minutes 12 seconds east a distance of 355.64 feet to a point in the exterior solid fill line of April 7, 1903, and the bulkhead line of April 28, 1904, on the Hudson River; thence (5) along said exterior solid fill and bulkhead lines south 28 degrees 55 minutes 51 seconds west, a distance of 523 feet to a point in the northerly line of lands now or formerly of New York State Realty and Terminal Company; thence (6) north 61 degrees 34 minutes 29 seconds west, and along said northerly line of the New York State Realty and Terminal Company, a distance of 590.08 feet to a point in the aforementioned easterly right-of-way of the New Jersey Shore Line Railroad; thence (7) northerly and along said easterly right-of-way of the New Jersey Shore Line Railroad on a curve to the left a radius of 995.09 feet, an arc length of 170.96 feet to a point therein; thence (8) northerly, still along the same, on a bearing of north 12 degrees 11 minutes 14 seconds east, a distance of 81.93 feet to the point and place of beginning. Said parcel containing 8 acres being the same more or less. (b) The declaration in subsection (a) of this section shall apply only to portions of the above-described area which are either bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section. -SOURCE- (Pub. L. 94-587, Sec. 178, Oct. 22, 1976, 90 Stat. 2937.) -REFTEXT- REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. ------DocID 39759 Document 117 of 1330------ -CITE- 33 USC Sec. 59n-1 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59n-1. Caven Point, New Jersey -STATUTE- That portion of the Hudson River in the New York Bay consisting of - (1) all that piece or parcel of land, containing 120.54 acres, situate, lying and being in the city of Jersey City, Hudson County, State of New Jersey, upon or around that certain lot or piece of land known as the Caven Point Area; and (2) all that piece or parcel of land, containing 18 acres more or less, situate on the northwesterly side of New Jersey State Highway Route 185, more particularly described in the Congressional Record dated March 11, 1986, pages S2446-2447, is hereby declared to be not a navigable water of the United States within the meaning of the Constitution and the laws of the United States, except for the purposes of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). -SOURCE- (Pub. L. 99-662, title XI, Sec. 1118, Nov. 17, 1986, 100 Stat. 4237.) -REFTEXT- REFERENCES IN TEXT The Federal Water Pollution Control Act, referred to in text, is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (Sec. 1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables. ------DocID 39760 Document 118 of 1330------ -CITE- 33 USC Sec. 59o -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59o. Hackensack River, Hudson County, New Jersey -STATUTE- (a) If the Secretary of the Army, acting through the Chief of Engineers finds that the proposed project to be erected at the location to be declared nonnavigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of any bulkheading and filling and permanent pile-supported structure, in order to preserve and maintain the remaining navigable waterway, and on the basis of environmental studies conducted pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), then those portions of the Hackensack River in Hudson County, State of New Jersey, bounded and described as follows are hereby declared to be nonnavigable waters of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given to the filling in of all or any part thereof and the erection of permanent pile-supported structures thereon: Beginning at a point where the southeasterly shoreline (mean high water line) of the Hackensack River intersects the easterly line of the Erie Railroad said point property being 2,015.38 feet northerly along said railroad property from where it intersects the northerly line of the Meadowlands Parkway (100 feet wide) and running from: thence north 19 degrees 20 minutes 54 seconds west 50.00 feet; thence north 37 degrees 30 minutes 08 seconds east 615.38 feet; thence north 03 degrees 02 minutes 56 seconds east, 2,087 feet; thence north 31 degrees 11 minutes 06 seconds east 577 feet; thence north 74 degrees 29 minutes 18 seconds east 541.25 feet; thence south 62 degrees 01 minutes 31 seconds east 400 feet; thence south 55 degrees 46 minutes 27 seconds east 612.52 feet; thence south 34 degrees 13 minutes 33 seconds west 517.79 feet; thence south 55 degrees 46 minutes 27 seconds east 158.81 feet; thence south 34 degrees 13 minutes 33 seconds west 310 feet; thence north 55 degrees 26 minutes 27 seconds north 15 feet; thence south 34 degrees 13 minutes 33 seconds west 592 feet; thence running in a southwesterly direction along the shoreline (mean high water line) of the Hackensack River, a distance of 2,360 feet being the same more or less to the easterly property line of the Erie Railroad and the point or place of beginning. Said parcel containing 67.6 acres being the same more or less. (b) The declaration in subsection (a) of this section shall apply only to portions of the described area which are either bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section. -SOURCE- (Pub. L. 94-587, Sec. 179, Oct. 22, 1976, 90 Stat. 2938.) -REFTEXT- REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. ------DocID 39761 Document 119 of 1330------ -CITE- 33 USC Sec. 59p -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59p. Kenduskeag Stream, Penobscot County, Maine -STATUTE- The Kenduskeag Stream, a minor tributary of the Penobscot River, located in Penobscot County, in the State of Maine, be, and the same is hereby, declared to be a nonnavigable waterway within the meaning of the Constitution and laws of the United States of America. -SOURCE- (July 11, 1947, ch. 236, Sec. 1, 61 Stat. 316.) ------DocID 39762 Document 120 of 1330------ -CITE- 33 USC Sec. 59q -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59q. Erie Basin, Buffalo Harbor, New York -STATUTE- That portion of the Erie Basin in the Buffalo Harbor lying within the following described area is hereby declared to be not a navigable water of the United States within the meaning of the Constitution and the laws of the United States. -SOURCE- (Pub. L. 96-520, Sec. 1, Dec. 12, 1980, 94 Stat. 3033.) -REFTEXT- REFERENCES IN TEXT The following described area, referred to in text, refers to the metes and bounds description of that portion of the Erie Basin in the Buffalo Harbor set out in the second paragraph of section 1 of Pub. L. 96-520, Dec. 12, 1980, 94 Stat. 3033-3035, which is not classified to the Code. ------DocID 39763 Document 121 of 1330------ -CITE- 33 USC Sec. 59q-1 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59q-1. Union Canal, Outer Buffalo Harbor, New York -STATUTE- The portion of the Union Canal, also known as the Union Ship Canal, an appendage of the Buffalo Outer Harbor, located in the City of Buffalo, State of New York, is declared to be a nonnavigable waterway of the United States within the meaning of the General Bridge Act of 1946 (33 U.S.C. 525, et seq.) from a point two hundred feet west of Fuhrmann Boulevard east to its terminus. -SOURCE- (Pub. L. 100-202, Sec. 101(l) (title III, Sec. 332), Dec. 22, 1987, 101 Stat. 1329-358, 1329-384.) -REFTEXT- REFERENCES IN TEXT The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is classified generally to subchapter III (Sec. 525 et seq.) of chapter 11 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables. ------DocID 39764 Document 122 of 1330------ -CITE- 33 USC Sec. 59r -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59r. Trent River, Craven County, North Carolina -STATUTE- Those portions of the Trent River in the city of New Bern, county of Craven, State of North Carolina, bounded and described in Committee Print 95-56 of the Committee on Public Works and Transportation of the House of Representatives are hereby declared to be nonnavigable waters of the United States within the meaning of the laws of the United States. -SOURCE- (Pub. L. 96-520, Sec. 3, Dec. 12, 1980, 94 Stat. 3036.) ------DocID 39765 Document 123 of 1330------ -CITE- 33 USC Sec. 59s -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59s. Green River, Washington -STATUTE- For the purposes of section 401 of this title, the portion of the Green River in the State of Washington lying upstream from that State Highway 516 bridge which is in existence on October 26, 1981, is hereby declared to be not a navigable waterway. -SOURCE- (Pub. L. 97-68, Sec. 2(b), Oct. 26, 1981, 95 Stat. 1040.) ------DocID 39766 Document 124 of 1330------ -CITE- 33 USC Sec. 59t -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59t. Burnham Canal, Milwaukee, Wisconsin -STATUTE- The portion of the Burnham Canal, in Milwaukee, Wisconsin, which is underneath and west of a point one hundred feet east of South Eleventh Street is declared to be not a navigable water of the United States within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is hereby expressly reserved. -SOURCE- (Pub. L. 97-468, title V, Sec. 503, Jan. 14, 1983, 96 Stat. 2552.) ------DocID 39767 Document 125 of 1330------ -CITE- 33 USC Sec. 59u -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59u. Lawyer's Ditch, Essex County, New Jersey -STATUTE- The body of water known as Lawyer's Ditch located at block 5,000 in the city of Newark, county of Essex, New Jersey, is declared to be a nonnavigable waterway of the United States within the meaning of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.). -SOURCE- (Pub. L. 99-307, Sec. 3, May 19, 1986, 100 Stat. 446.) -REFTEXT- REFERENCES IN TEXT The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is classified generally to subchapter III (Sec. 525 et seq.) of chapter 11 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables. ------DocID 39768 Document 126 of 1330------ -CITE- 33 USC Sec. 59v -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59v. Middle River, Maryland -STATUTE- (a) Description That portion of the waterway in which is located Dark Head Creek in the community of Middle River, Baltimore County, Maryland, lying northwest of a line extending south 68 degrees 37 minutes 56 seconds west from a point (227.50 feet from the northeast corner of the existing bulkhead and pier line) whose coordinates in the Maryland State Coordinate System are north 544967.24 and east 962701.05 (latitude north 39 degrees 19 minutes 42 seconds and longitude west 76 degrees 25 minutes 29.5 seconds) and thence south 44 degrees 48 minutes 20 seconds west, 350.12 feet to a point (at the southwest corner of the existing bulkhead and pier line) whose coordinates in the Maryland State Coordinate System are north 544635.94 and east 962242.46 (latitude north 39 degrees 19 minutes 39 seconds and longitude west 76 degrees 25 minutes 35.4 seconds), is declared to be a nonnavigable water of the United States for purposes of the navigation servitude. (b) Pierhead and bulkhead line of Dark Head Creek The line described in subsection (a) of this section shall be established as a combined pierhead and bulkhead line of Dark Head Creek. (c) Previously authorized projects Any project heretofore authorized by any Act of Congress, insofar as such project is within the boundaries of Dark Head Creek as described in subsection (a) of this section, is not authorized after November 17, 1986. (d) Reservation of rights The right to alter, amend, or repeal this section is hereby expressly reserved. -SOURCE- (Pub. L. 99-662, title XI, Sec. 1160, Nov. 17, 1986, 100 Stat. 4257.) ------DocID 39769 Document 127 of 1330------ -CITE- 33 USC Sec. 59w -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59w. Norton Basin and Jamaica Bay, New York -STATUTE- The two portions of Norton Basin and Jamaica Bay, New York, that are particularly described in Committee Print 99-58 of the Committee on Public Works and Transportation of the House of Representatives are hereby declared to be nonnavigable waters of the United States for purposes of the navigation servitude. -SOURCE- (Pub. L. 99-662, title XI, Sec. 1168, Nov. 17, 1986, 100 Stat. 4259.) ------DocID 39770 Document 128 of 1330------ -CITE- 33 USC Sec. 59x -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59x. Exemption from General Bridge Act of 1946 -STATUTE- (a) Waters declared nonnavigable The waters described in subsection (b) of this section are declared to be nonnavigable waters of the United States for purposes of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.). (b) Waters described The waters referred to in subsection (a) of this section are a drainage canal which - (1) is an unnamed tributary of the creek known as Newton Creek, located at block 641 (formerly designated as block 860) in the city of Camden, New Jersey; (2) originates at the north bank of Newton Creek approximately 1,200 feet east of the confluence of Newton Creek and the Delaware River; and (3) terminates at drainage culverts on the west side of Interstate Highway 676. -SOURCE- (Pub. L. 100-448, Sec. 16, Sept. 28, 1988, 102 Stat. 1845; Pub. L. 100-457, title III, Sec. 325, Sept. 30, 1988, 102 Stat. 2150.) -REFTEXT- REFERENCES IN TEXT The General Bridge Act of 1946, referred to in subsec. (a), is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is classified generally to subchapter III (Sec. 525 et seq.) of chapter 11 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables. -COD- CODIFICATION Pub. L. 100-448 and Pub. L. 100-457 enacted identical sections. ------DocID 39771 Document 129 of 1330------ -CITE- 33 USC Sec. 59y -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59y. Declaration of nonnavigability for portions of Coney Island Creek and Gravesend Bay, New York -STATUTE- (a) Area to be declared non-navigable; public interest Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries in the portions of Coney Island Creek and Gravesend Bay, New York, described below, are not in the public interest then, subject to subsections (b) and (c) of this section, those portions of such Creek and Bay, bounded and described as follows, are declared to be non-navigable waters of the United States: Beginning at the corner formed by the intersection of the Westerly Line of Cropsey Avenue, and the Northernmost United States Pierhead Line of Coney Island Creek. Running thence south 12 degrees 41 minutes 03 seconds E and along the westerly line of Cropsey Avenue, 98.72 feet to the northerly channel line as shown on Corps of Engineers Map Numbered F. 150 and on Survey by Rogers and Giollorenzo Numbered 13959 dated October 31, 1986. Running thence in a westerly direction and along the said northerly channel line the following bearings and distances: South 48 degrees 59 minutes 27 seconds west, 118.77 feet; south 37 degrees 07 minutes 01 seconds west, 232.00 feet; south 23 degrees 17 minutes 10 seconds west, 430.03 feet; south 31 degrees 25 minutes 46 seconds west, 210.95 feet; south 79 degrees 22 minutes 49 seconds west, 244.18 feet; north 55 degrees 00 minutes 29 seconds west, 183.10 feet; north 41 degrees 47 minutes 04 seconds west, 315.16 feet; North 41 degrees 17 minutes 43 seconds west, 492.47 feet to the said Pierhead Line; thence north 73 degrees 58 minutes 40 seconds west and along said pierhead line, 2,665.25 feet to the intersection of the United States bulkhead line; Thence north 0 degree 19 minutes 35 seconds west and along the United States Bulkhead line 1,138.50 feet to the intersection of the westerly prolongation of the center line of 26th Avenue, Thence north 58 degrees 25 minutes 06 seconds east and along the center line of said 26th Avenue, 2,320.85 feet to the westerly line of Cropsey Avenue, then southeasterly and along the southerly line of Cropsey Avenue the following bearings and distances: South 31 degrees 34 minutes 54 seconds east, 4,124.59 feet; and South 12 degrees 41 minutes 03 seconds east, 710.74 feet to the point or place of beginning. Coordinates and bearings are in the system as established by the United States Coast and Geodetic Survey for the Borough of Brooklyn. The Secretary shall make the public interest determination separately for each proposed project, using reasonable discretion, within 150 days after submission of appropriate plans for each proposed project. (b) Limits on applicability; regulatory requirements The declaration under subsection (a) of this section shall apply only to those parts of the areas described in subsection (a) of this section which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations, including, but not necessarily limited to, sections 401 and 403 of this title, section 1344 of this title, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (c) Expiration date If, 20 years from November 17, 1988, any area or part thereof described in subsection (a) of this section is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in subsection (b) of this section, or if work in connection with any activity permitted in subsection (b) of this section is not commenced within 5 years after issuance of such permits, then the declaration of non-navigability for such area or part thereof shall expire. -SOURCE- (Pub. L. 100-676, Sec. 39, Nov. 17, 1988, 102 Stat. 4039.) -REFTEXT- REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. -CROSS- 'SECRETARY' DEFINED Secretary means the Secretary of the Army, see section 2 of Pub. L. 100-676, set out as a note under section 2201 of this title. ------DocID 39772 Document 130 of 1330------ -CITE- 33 USC Sec. 59z -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59z. Declaration of nonnavigability of bodies of water in Ridgefield, New Jersey -STATUTE- The three bodies of water located at block 4004, lots 1 and 2, and block 4003, lot 1, in the Borough of Ridgefield, County of Bergen, New Jersey, which have their mouths at the Hackensack River at 40 degrees 49 minutes 58 seconds north latitude and 74 degrees 01 minute 46 seconds west longitude, 40 degrees 49 minutes 46 seconds north latitude and 74 degrees 01 minute 55 seconds west longitude, and 40 degrees 49 minutes 35 seconds north latitude and 74 degrees 02 minutes 04 seconds west longitude, respectively, and the body of water located at block 4006, lot 1, in the Borough of Ridgefield, County of Bergen, New Jersey, which has its mouth at the Hackensack River at 40 degrees 49 minutes 15 seconds north latitude and 74 degrees 01 minute 52 seconds west longitude, are declared to be nonnavigable waterways of the United States within the meaning of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.) and section 401 of this title. -SOURCE- (Pub. L. 100-676, Sec. 54, Nov. 17, 1988, 102 Stat. 4046.) -REFTEXT- REFERENCES IN TEXT The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is classified generally to subchapter III (Sec. 525 et seq.) of chapter 11 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables. ------DocID 39773 Document 131 of 1330------ -CITE- 33 USC Sec. 59aa -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59aa. Nonnavigability of Wisconsin River -STATUTE- The portion of the Wisconsin River above the hydroelectric dam at Prairie du Sac, Wisconsin, is hereby declared to be a nonnavigable waterway of the United States for purposes of title 46, including but not limited to the provisions of such title relating to vessel inspection and vessel licensure, and the other maritime laws of the United States. -SOURCE- (Pub. L. 101-595, title III, Sec. 318, Nov. 16, 1990, 104 Stat. 2988.) ------DocID 39774 Document 132 of 1330------ -CITE- 33 USC Sec. 59bb -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 59bb. Declaration of nonnavigability for portions of Lake Erie -STATUTE- (a) Area to be declared nonnavigable; public interest Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries of Lake Erie described in Committee Print 101-48 of the Committee on Public Works and Transportation of the House of Representatives, dated July 1990, are not in the public interest then, subject to subsections (b) and (c) of this section, those portions of Lake Erie, bounded and described in such Committee print, are declared to be nonnavigable waters of the United States. (b) Limits on applicability; regulatory requirements The declaration under subsection (a) of this section shall apply only to those parts of the areas described in the Committee print referred to in subsection (a) of this section which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations including, but not limited to, sections 401 and 403 of this title, section 1344 of this title, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (c) Expiration date If, 20 years from November 28, 1990, any area or part thereof described in the Committee print referred to in subsection (a) of this section is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in subsection (b) of this section, or if work in connection with any activity permitting (FOOTNOTE 1) in subsection (b) of this section is not commenced within 5 years after issuance of such permits, then the declaration of nonnavigability for such area or part thereof shall expire. (FOOTNOTE 1) So in original. Probably should be 'permitted'. -SOURCE- (Pub. L. 101-640, title IV, Sec. 408, Nov. 28, 1990, 104 Stat. 4647.) -REFTEXT- REFERENCES IN TEXT The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. -CROSS- 'SECRETARY' DEFINED Secretary means the Secretary of the Army, see section 2 of Pub. L. 101-640, set out as a note under section 2201 of this title. ------DocID 39775 Document 133 of 1330------ -CITE- 33 USC CHAPTER 2 -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- CHAPTER 2 - INTERNATIONAL RULES FOR NAVIGATION AT SEA ------DocID 39776 Document 134 of 1330------ -CITE- 33 USC Sec. 61 to 63 -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- Sec. 61 to 63. Repealed. Oct. 11, 1951, ch. 495, Sec. 5, 65 Stat. 407 -MISC1- Section 61, acts Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 320; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; June 7, 1897, ch. 4, Sec. 1, 30 Stat. 96, related to adoption of rules for navigation on high seas. See section 1602 of this title. Section 62, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 320, 321, defined 'sailing vessel', 'steam vessel', and 'under way'. See section 1601 of this title. Section 63, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 321, defined 'visible'. EFFECTIVE DATE OF REPEAL Section 5 of act Oct. 11, 1951, provided that the repeal of these sections is effective upon the taking effect of regulations proclaimed under section 1 of act Oct. 11, 1951. Such regulations were proclaimed by Proc. No. 3030 of Aug. 1, 1953, 18 F.R. 4983, and were to be effective Jan. 1, 1954. ------DocID 39777 Document 135 of 1330------ -CITE- 33 USC Sec. 71 to 84 -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- Sec. 71 to 84. Repealed. Oct. 11, 1951, ch. 495, Sec. 5, 65 Stat. 407 -MISC1- Section 71, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 321, provided that rules concerning lights be complied with from sunset to sunrise. Section 72, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 321, related to lights of steam vessel under way. Section 73, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 321, related to lights of vessel towing another vessel or vessels. Section 74, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 322, related to lights and day signals of vessel not under control and of telegraph cable vessel. Section 75, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 322, related to lights of sailing vessel under way and of vessel in tow. Section 76, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 322, related to lights of small vessel under way in bad weather. Section 77, acts Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 322; May 28, 1894, ch. 83, 28 Stat. 82, related to substitute lights for small vessel and rowing boats. Section 78, acts Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 323; Feb. 19, 1900, ch. 22, Sec. 1, 31 Stat. 30, related to lights of pilot vessel on and off duty, and steam pilot vessel. Section 79, acts Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 323; May 28, 1894, ch. 83, 28 Stat. 82; Jan. 19, 1907, ch. 300, Sec. 1, 34 Stat. 850, related to lights and day signals of fishing vessels and boats. Section 80, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 324, related to lights on overtaken vessel. Section 81, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 324, related to lights on vessel at anchor or aground. Section 82, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 325, authorized additional lights and signals when necessary. Section 83, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 325, related to special lights for ships of war and recognition signals. Section 84, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 325, related to day signal of steam vessel under sail. EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1954, see note set out under sections 61 to 63 of this title. ------DocID 39778 Document 136 of 1330------ -CITE- 33 USC Sec. 91, 92 -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- Sec. 91, 92. Repealed. Oct. 11, 1951, ch. 495, Sec. 5, 65 Stat. 407 -MISC1- Section 91, acts Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 325; June 10, 1896, ch. 401, Sec. 1, 29 Stat. 381, related to sound signals for fog. Section 92, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 325, related to speed in fog. EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1954, see note set out under sections 61 to 63 of this title. ------DocID 39779 Document 137 of 1330------ -CITE- 33 USC Sec. 101 to 113 -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- Sec. 101 to 113. Repealed. Oct. 11, 1951, ch. 495, Sec. 5, 65 Stat. 407 -MISC1- Section 101, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 326, provided suggestion for ascertainment of risk of collision. Section 102, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 326, related to sailing vessels approaching one another. Section 103, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 326, related to steam vessels meeting end on. Section 104, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 327, related to steam vessels crossing. Section 105, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 327, related to steam and sailing vessels meeting. Section 106, acts Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 327; May 28, 1894, ch. 83, 28 Stat. 83, provided that vessel having the right-of-way keep course. Section 107, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 327, related to crossing ahead of vessel having right-of-way. Section 108, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 327, related to duty of steam vessel to slacken speed. Section 109, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 327, provided that overtaking vessel keep out of the way of the overtaken vessel, defined 'overtaken vessel'. Section 110, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 327, related to steam vessel in narrow channel. Section 111, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 327, related to right of way of fishing vessels or boats, and obstruction of fairways. Section 112, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 327, related to special circumstances requiring departure from rules. Section 113, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 328, related to sound signals of steam vessel indicating course. EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1954, see note set out under sections 61 to 63 of this title. ------DocID 39780 Document 138 of 1330------ -CITE- 33 USC Sec. 121 -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- Sec. 121. Repealed. Oct. 11, 1951, ch. 495, Sec. 5, 65 Stat. 407 -MISC1- Section, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 328, related to additional precautions. EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1954, see note set out under sections 61 to 63 of this title. ------DocID 39781 Document 139 of 1330------ -CITE- 33 USC Sec. 131 -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- Sec. 131. Repealed. Oct. 11, 1951, ch. 495, Sec. 5, 65 Stat. 407 -MISC1- Section, act Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 328, related to local rules for harbors and inland waters. EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1954, see note set out under sections 61 to 63 of this title. ------DocID 39782 Document 140 of 1330------ -CITE- 33 USC Sec. 141 -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- Sec. 141. Repealed. Oct. 11, 1951, ch. 495, Sec. 5, 65 Stat. 407 -MISC1- Section, acts Aug. 19, 1890, ch. 802, Sec. 1, 26 Stat. 328; May 28, 1894, ch. 83, 28 Stat. 83, related to distress signals. EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1954, see note set out under sections 61 to 63 of this title. ------DocID 39783 Document 141 of 1330------ -CITE- 33 USC Sec. 142 -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- Sec. 142. Repealed. Oct. 11, 1951, ch. 495, Sec. 5, 65 Stat. 407 -MISC1- Section, act Aug. 19, 1890, ch. 802, Sec. 1, as added Aug. 21, 1935, ch. 595, Sec. 1, 49 Stat. 668, related to orders to helmsmen. EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 1954, see note set out under sections 61 to 63 of this title. ------DocID 39784 Document 142 of 1330------ -CITE- 33 USC Sec. 143 to 143b -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- Sec. 143 to 143b. Repealed. Pub. L. 88-131, Sec. 3, Sept. 24, 1963, 77 Stat. 194 -MISC1- Section 143, act Oct. 11, 1951, ch. 495, Sec. 1, 65 Stat. 406, related to adoption of rules for prevention of collisions on the high seas, and to their geographical applicability. Section 143a, act Oct. 11, 1951, ch. 495, Sec. 2, 65 Stat. 407, provided that Navy and Coast Guard be exempt from the requirements of the rules. Section 143b, act Oct. 11, 1951, ch. 495, Sec. 6, 65 Stat. 408, related to identity of regulations authorized to be proclaimed. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, and section 3 of Pub. L. 88-131, both set out as notes under section 1051 of this title. -EXEC- PROCLAMATION NO. 3030 Proc. No. 3030, Aug. 19, 1953, 18 F.R. 4983, which was the enabling proclamation for adopting Regulations for Preventing Collisions at Sea, 1948, under act Oct. 11, 1951, ch. 495, Sec. 1, 65 Stat. 406, was superseded by Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, set out as a note under section 1051 of this title. EXECUTIVE ORDER NO. 10402 Ex. Ord. No. 10402, Oct. 30, 1952, 17 F.R. 9917, which enforced the Convention for the Safety of Life at Sea, 1948, was revoked by Ex. Ord. No. 12234, Sept. 3, 1980, 45 F.R. 58801, set out as a note under section 1602 of this title. ------DocID 39785 Document 143 of 1330------ -CITE- 33 USC Sec. 144 -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- Sec. 144. Repealed. Pub. L. 88-131, Sec. 3, Sept. 4, 1963, 77 Stat. 194 -MISC1- Section, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. A, 65 Stat. 408, related to applicability of sections 144 to 147d of this title, provided that rules concerning lights be complied with from sunset to sunrise, and defined terms used in sections 145 to 147d of this title. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, and section 3 of Pub. L. 88-131, both set out as notes under section 1051 of this title. ------DocID 39786 Document 144 of 1330------ -CITE- 33 USC Sec. 145 to 145n -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- Sec. 145 to 145n. Repealed. Pub. L. 88-131, Sec. 3, Sept. 24, 1963, 77 Stat. 194 -MISC1- Section 145, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 408, related to lights of power-driven vessels under way and of seaplanes under way on the water. Section 145a, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 410, related to lights of vessel or seaplane towing or pushing other vessels or seaplanes. Section 145b, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 410, related to lights and day signals of vessel not under command and of vessels engaged in specified operations. Section 145c, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 411, related to lights of sailing vessel under way and of vessel or seaplane in tow and of vessels being pushed ahead. Section 145d, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 411, related to lights of small vessel in bad weather. Section 145e, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 411, related to substitute lights for small vessel and rowing boats. Section 145f, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 412, related to lights of pilot vessel on and off duty. Section 145g, acts Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 413; June 26, 1953, ch. 155, Sec. 1, 67 Stat. 83, related to lights and day signals of fishing vessels. Section 145h, acts Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 414, related to stern and tail lights. Section 145i, acts Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 414; June 26, 1953, ch. 155, Sec. 2, 67 Stat. 83, related to lights on vessels or seaplanes at anchor or aground. Section 145j, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 415, related to additional lights and signals when necessary. Section 145k, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 415, related to special lights for ships of war, for vessels sailing under convoy and for seaplanes on the water, recognition signals adopted by shipowners, and lights of naval and military vessels and seaplanes of special construction. Section 145l, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 415, related to day signal of steam vessel under sail. Section 145m, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 415, related to sound signals under conditions of restricted visibility. Section 145n, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. B, 65 Stat. 417, related to speed in weather restricting visibility. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, and section 3 of Pub. L. 88-131, both set out as notes under section 1051 of this title. ------DocID 39787 Document 145 of 1330------ -CITE- 33 USC Sec. 146 to 146k -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- Sec. 146 to 146k. Repealed. Pub. L. 88-131, Sec. 3, Sept. 24, 1963, 77 Stat. 194 -MISC1- Section 146, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. C, 65 Stat. 417, provided methods of obeying and construing sections 146 to 146k, suggestion for ascertainment of risk of collision, and advice concerning the operation of seaplanes. Section 146a, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. C, 65 Stat. 417, related to sailing vessels approaching one another. Section 146b, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. C, 65 Stat. 417, related to power-driven vessels meeting end on. Section 146c, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. C, 65 Stat. 418, related to power-driven vessels crossing. Section 146d, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. C, 65 Stat. 418, related to vessels or seaplanes meeting. Section 146e, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. C, 65 Stat. 418, related to the course of vessels having the right of way, and the duty in aiding to avert collision. Section 146f, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. C, 65 Stat. 418, related to crossing ahead of vessel having right of way. Section 146g, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. C, 65 Stat. 418, related to duty of power-driven vessel to slacken speed. Section 146h, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. C, 65 Stat. 418, provided that overtaking vessel keep out of the way of the overtaken vessel, defined 'overtaken vessel'. Section 146i, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. C, 65 Stat. 419, related to power-driven vessels in narrow channels and in nearing bends in a channel. Section 146j, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. C, 65 Stat. 419, related to right of way of fishing vessels, and obstruction of fairways. Section 146k, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. C, 65 Stat. 419, related to special circumstances requiring departure from rules. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, and section 3 of Pub. L. 88-131, both set out as notes under section 1051 of this title. ------DocID 39788 Document 146 of 1330------ -CITE- 33 USC Sec. 147 to 147d -EXPCITE- TITLE 33 CHAPTER 2 -HEAD- Sec. 147 to 147d. Repealed. Pub. L. 88-131, Sec. 3, Sept. 24, 1963, 77 Stat. 194 -MISC1- Section 147, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. D, 65 Stat. 419, related to sound signals of vessels indicating course. Section 147a, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. D, 65 Stat. 419, related to additional precautions. Section 147b, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. D, 65 Stat. 420, related to local rules for harbors and inland waters. Section 147c, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. D, 65 Stat. 420, related to distress signals. Section 147d, act Oct. 11, 1951, ch. 495, Sec. 6, Pt. D, 65 Stat. 420, related to orders to helmsmen, and has been omitted. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1963, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, and section 3 of Pub. L. 88-131, both set out as notes under section 1051 of this title. ------DocID 39789 Document 147 of 1330------ -CITE- 33 USC CHAPTER 3 -EXPCITE- TITLE 33 CHAPTER 3 -HEAD- CHAPTER 3 - NAVIGATION RULES FOR HARBORS, RIVERS, AND INLAND WATERS GENERALLY -MISC1- SUBCHAPTER I - PRELIMINARY Sec. 151. High seas and inland waters demarcation lines. (a) Establishment and purpose. (b) Applicability of other statutes; limitation; position. (c) 'United States' defined. 152. Regulation of length of towlines. 153. Penalty for use of unlawful towline. 154 to 159. Repealed. SUBCHAPTER II - RULES CONCERNING LIGHTS, ETC. 171 to 183. Repealed. SUBCHAPTER III - SOUND SIGNALS FOR FOG, ETC.; SPEED 191, 192. Repealed. SUBCHAPTER IV - STEERING AND SAILING RULES AND SIGNALS 201 to 213. Repealed. SUBCHAPTER V - NO VESSEL UNDER ANY CIRCUMSTANCES TO NEGLECT PROPER PRECAUTIONS 221, 222. Repealed. SUBCHAPTER VI - DISTRESS SIGNALS 231. Repealed. SUBCHAPTER VII - ORDERS 232. Repealed. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 2038 of this title. ------DocID 39790 Document 148 of 1330------ -CITE- 33 USC SUBCHAPTER I -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER I -HEAD- SUBCHAPTER I - PRELIMINARY ------DocID 39791 Document 149 of 1330------ -CITE- 33 USC Sec. 151 -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 151. High seas and inland waters demarcation lines -STATUTE- (a) Establishment and purpose The Secretary of the department in which the Coast Guard is operating shall establish appropriate identifiable demarcation lines dividing the high seas from harbors, rivers, and other inland waters of the United States, for the purpose of determining the applicability of special navigational rules in lieu of the International Regulations for Preventing Collisions at Sea. (b) Applicability of other statutes; limitation; position The Secretary shall also establish appropriate identifiable lines dividing inland waters of the United States from the high seas for the purpose of determining the applicability of each statute that refers to this section or this section, as amended. These lines may not be located more than twelve nautical miles seaward of the base line from which the territorial sea is measured. These lines may differ in position for the purposes of different statutes. (c) 'United States' defined For the purposes of this section, the term 'United States' includes the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other Commonwealth, territory, or possession of the United States. -SOURCE- (Feb. 19, 1895, ch. 102, Sec. 2, 28 Stat. 672; Aug. 8, 1980, Pub. L. 96-324, Sec. 1, 94 Stat. 1020; Oct. 3, 1980, Pub. L. 96-376, Sec. 13, 94 Stat. 1511; Dec. 24, 1980, Pub. L. 96-591, Sec. 9, 94 Stat. 3436.) -REFTEXT- REFERENCES IN TEXT The International Regulations for Preventing Collisions at Sea, referred to in subsec. (a), are set out in Appendix A to Part 81 of Title 33, Code of Federal Regulations. -COD- CODIFICATION Section was not enacted as part of act June 7, 1897, ch. 4, 30 Stat. 96, which comprises a major part of this chapter. -MISC3- AMENDMENTS 1980 - Subsec. (a). Pub. L. 96-324 designated existing provisions as subsec. (a), substituted provision authorizing the Secretary of the Department in which the Coast Guard is operating to establish demarcation lines for provision authorizing the Secretary of the Treasury to establish demarcation lines, and inserted provision specifying the purpose of establishing demarcation lines as determining the applicability of special navigational rules in lieu of the International Regulations for Preventing Collisions at Sea. Subsec. (b). Pub. L. 96-324 added subsec. (b). Subsec. (c). Pub. L. 96-591 and Pub. L. 96-376 made identical amendments by striking out reference to the Canal Zone. Pub. L. 96-324 added subsec. (c). -EXEC- TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. -CROSS- CROSS REFERENCES Vessel bridge-to-bridge radiotelephone requirement and capability for vessels on navigable waters of United States inside lines established under this section, see section 1203 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 152, 1203 of this title; title 46 section 2101. ------DocID 39792 Document 150 of 1330------ -CITE- 33 USC Sec. 152 -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 152. Regulation of length of towlines -STATUTE- The Commandant of the Coast Guard shall prepare regulations limiting the length of hawsers between towing vessels and seagoing barges in tow and the length of such tows within any of the inland waters of the United States designated and defined from time to time pursuant to section 151 of this title, and such regulations shall have the force of law. -SOURCE- (May 28, 1908, ch. 212, Sec. 14, 35 Stat. 428; June 17, 1910, ch. 301, Sec. 4, 6, 36 Stat. 537, 538; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; June 30, 1932, ch. 314, Sec. 501, 502, 47 Stat. 415; May 27, 1936, ch. 463, Sec. 1, 49 Stat. 1380; 1939 Reorg. Plan No. II, Sec. 2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Aug. 4, 1949, ch. 393, Sec. 1, 20, 63 Stat. 496, 561.) -COD- CODIFICATION Section was not enacted as part of act June 7, 1897, ch. 4, 30 Stat. 96, which comprises a major part of this chapter. -TRANS- TRANSFER OF FUNCTIONS 'Commandant of the Coast Guard' substituted in text for provision that the Chairman of the Light House Board, the Supervising Inspector General of the Steamboat Inspection Service and the Commissioner of Navigation shall convene as a board to prepare regulations, and for approval of the regulations by the Secretary of Commerce and Labor. Secretary of Commerce and Labor designated Secretary of Commerce by act Mar. 4, 1913, which created Department of Labor. Sections 4 and 6 of act June 17, 1910, established in Department of Commerce and Labor a Bureau of Lighthouses with a Commissioner of Lighthouses as its head, and transferred duties of Light House Board to such Commissioner. Said sections 4 and 6 were repealed by section 20 of act Aug. 4, 1949, section 1 of which reestablished Coast Guard by enacting Title 14, Coast Guard. Section 2(a) of Reorg. Plan No. II, of 1939, set out in the Appendix to Title 5, Government Organization and Employees, consolidated Bureau of Lighthouses with Coast Guard, the Chief of which is Commandant of the Coast Guard. Supervising Inspector General of the Steamboat Inspection Service and Commissioner of Navigation of Bureau of Navigation were affected by Secretary's authority to retain or dismiss officers and employees upon consolidation of bureaus under section 502(b) of act June 30, 1932. Steamboat Inspection Service and Bureau of Navigation consolidated into Bureau of Navigation and Steamboat Inspection to be under direction of a chief of bureau by section 501 of act June 30, 1932. Director of the Bureau of Navigation and Steamboat Inspection was designation given to chief of such Bureau by Secretary of Commerce under section 502(b) of act June 30, 1932. Bureau of Marine Inspection and Navigation was designation given to Bureau of Navigation and Steamboat Inspection by act May 27, 1936. Functions of Secretary of Commerce and Director of Bureau of Marine Inspection and Navigation under this section transferred to Commandant of the Coast Guard by Reorg. Plan No. 3, of 1946, Sec. 101 to 104, set out in the Appendix to Title 5. Coast Guard transferred to Department of Transportation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5. Functions of Coast Guard, and Commandant of the Coast Guard, excepted from transfer when Coast Guard is operating as part of Navy under sections 1 and 3 of Title 14, Coast Guard. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 153 of this title. ------DocID 39793 Document 151 of 1330------ -CITE- 33 USC Sec. 153 -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 153. Penalty for use of unlawful towline -STATUTE- The master of the towing vessel shall be liable to the suspension or revocation of his license for any willful violation of regulations issued pursuant to section 152 of this title in the manner prescribed for incompetency, misconduct, or unskillfulness. -SOURCE- (May 28, 1908, ch. 212, Sec. 15, 35 Stat. 429.) -COD- CODIFICATION Section was not enacted as part of act June 7, 1897, ch. 4, 30 Stat. 96, which comprises a major part of this chapter. -CROSS- CROSS REFERENCES Suspension or revocation of master's license, see section 7703 of Title 46, Shipping. ------DocID 39794 Document 152 of 1330------ -CITE- 33 USC Sec. 154 -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 154. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section, acts June 7, 1897, ch. 4, Sec. 1, 30 Stat. 96; May 21, 1948, ch. 328, Sec. 1, 62 Stat. 249; Aug. 8, 1953, ch. 386, Sec. 1, 67 Stat. 497, provided for adoption of rules of navigation of harbors, rivers, and inland waters. See section 2001 of this title. Prior rules for preventing collision prescribed by R.S. Sec. 4233 to be followed by vessels of the Navy and mercantile marine of the United States, applicable originally to all waters, were superseded as to navigation on the high seas and waters connected therewith by the International Rules (act Aug. 19, 1890, ch. 802 (sec. 61 et seq. of this title)) were superseded as to navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal, by act Feb. 8, 1895, ch. 64 (section 241 et seq. of this title); were adopted as special rules for the navigation of harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal by act of Feb. 19, 1895, ch. 102 (see section 301 et seq. of this title); and were superseded by act June 7, 1897, ch. 4, as to navigation of all harbors, rivers, and inland waters of the United States except as specified in this paragraph, leaving them applicable solely to the Red River of the North and the rivers emptying into the Gulf of Mexico and their tributaries (see section 2001 et seq. of this title). EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39795 Document 153 of 1330------ -CITE- 33 USC Sec. 155 to 159 -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 155 to 159. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section 155, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 96, defined 'sailing vessel', 'steam vessel', and 'under way'. See section 2003 of this title. Section 156, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 96, defined 'visible'. See section 2003 of this title. Section 157, acts June 7, 1897, ch. 4, Sec. 2, 30 Stat. 102; May 25, 1914, ch. 98, 38 Stat. 381; June 30, 1932, ch. 314, Sec. 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, Sec. 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat 1097; May 21, 1948, ch. 328, Sec. 3, 62 Stat. 249; Aug. 14, 1958, Pub. L. 85-656, Sec. 1, 72 Stat. 612, provided for promulgation of special rules by the Secretary of the department in which the Coast Guard is operating, and covered publication of rules and hearings in connection therewith. See section 2071 of this title. Section 157a, Pub. L. 88-163, Oct. 30, 1963, 77 Stat. 281, provided for regulations for navigation or operation under bridges over navigable waters. See section 2001 et seq. of this title. Section 158, acts June 7, 1897, ch. 4, Sec. 3, 30 Stat. 102; May 21, 1948, ch. 328, Sec. 3, 62 Stat. 249; Aug. 14, 1958, Pub. L. 85-656, Sec. 1, 72 Stat. 612, set out penalties for violations by pilots, engineers, mates, or masters. See section 2072 of this title. Section 159, acts June 7, 1897, ch. 4, Sec. 4, 30 Stat. 103; May 21, 1948, ch. 328, Sec. 3, 62 Stat. 249; Aug. 14, 1958, Pub. L. 85-656, Sec. 1, 72 Stat. 612, provided for a penalty for violations by vessels. See section 2072 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39796 Document 154 of 1330------ -CITE- 33 USC SUBCHAPTER II -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER II -HEAD- SUBCHAPTER II - RULES CONCERNING LIGHTS, ETC. ------DocID 39797 Document 155 of 1330------ -CITE- 33 USC Sec. 171 to 183 -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER II -HEAD- Sec. 171 to 183. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section 171, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 96, made general provision for the application of rules regarding lights. See section 2020 of this title. Section 172, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 96, related to lights of steam vessels underway. See section 2023 of this title. Section 173, acts June 7, 1897, ch. 4, Sec. 1, 30 Stat. 97; May 20, 1936, ch. 433, 49 Stat. 1367; May 21, 1948, ch. 328, Sec. 2, 62 Stat. 249; Aug. 14, 1958, Pub. L. 85-635, Sec. 1, 72 Stat. 590, related to lights of vessels towing or pushing another vessel. See section 2024 of this title. Section 174, acts June 7, 1897, ch. 4, Sec. 1, 30 Stat. 97; Mar. 1, 1933, ch. 157, 47 Stat. 1417, related to lights of sailing vessels underway and vessels being towed. See sections 2024 and 2025 of this title. Section 175, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 97, related to lights of small vessels underway in bad weather. See section 2023 of this title. Section 176, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 98, related to lights of rowboats. See section 2025 of this title. Section 177, acts June 7, 1897, ch. 4, Sec. 1, 30 Stat. 98; Feb. 19, 1900, ch. 22, Sec. 1, 31 Stat. 30, related to lights of pilot vessels on and off duty. See section 2029 of this title. Section 178, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 98; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to lights of fishing vessels. See section 2026 of this title. Section 179, acts June 7, 1897, ch. 4, Sec. 1, 30 Stat. 98; Aug. 14, 1958, Pub. L. 85-635, Sec. 2, 72 Stat. 590, related to lights of overtaken vessels. See section 2022 of this title. Section 180, acts June 7, 1897, ch. 4, Sec. 1, 30 Stat. 98; Apr. 22, 1940, ch. 128, Sec. 1, 54 Stat. 150; Aug. 5, 1963, Pub. L. 88-84, Sec. 1, 77 Stat. 116; Oct. 15, 1966, Pub. L. 89-670, Sec. 6, 80 Stat. 937, related to lights of vessels at anchor. See section 2030 of this title. Section 181, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 99, related to additional lights when necessary. See section 2022 of this title. Section 182, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 99, related to special lights for ships of war and convoy. See section 2071 of this title. Section 183, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 99, related to day signal of vessels under sail. See section 2025 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39798 Document 156 of 1330------ -CITE- 33 USC SUBCHAPTER III -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER III -HEAD- SUBCHAPTER III - SOUND SIGNALS FOR FOG, ETC.; SPEED ------DocID 39799 Document 157 of 1330------ -CITE- 33 USC Sec. 191, 192 -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER III -HEAD- Sec. 191, 192. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section 191, acts June 7, 1897, ch. 4, Sec. 1, 30 Stat. 99; Aug. 5, 1963, Pub. L. 88-84, Sec. 2, 77 Stat. 116, made general provision for sound signals for fog, etc. See section 2035 of this title. Section 192, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 99, related to speed of vessels in fog, etc. See section 2006 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39800 Document 158 of 1330------ -CITE- 33 USC SUBCHAPTER IV -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - STEERING AND SAILING RULES AND SIGNALS ------DocID 39801 Document 159 of 1330------ -CITE- 33 USC Sec. 201 to 213 -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER IV -HEAD- Sec. 201 to 213. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section 201, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 100, related to ascertainment of risk of collision. See section 2007 of this title. Section 202, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 100, related to sailing vessels approaching one another. See section 2012 of this title. Section 203, acts June 7, 1897, ch. 4, Sec. 1, 30 Stat. 100; Aug. 21, 1935, ch. 595, Sec. 2, 49 Stat. 669, related to steam vessels approaching, meeting, or passing one another. See section 2013 et seq. of this title. Section 204, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 101, related to steam vessels crossing. See section 2015 of this title. Section 205, acts June 7, 1897, ch. 4, Sec. 1, 30 Stat. 101; Nov. 5, 1966, Pub. L. 89-764, Sec. 1, 80 Stat. 1313, related to steam and sailing vessels meeting. See section 2018 of this title. Section 206, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 101, provided that vessel having the right of way was to keep course. See section 2017 of this title. Section 207, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 101, related to situation when a vessel crosses ahead of a vessel having the right-of-way. See section 2015 of this title. Section 208, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 101, related to duty of steam vessels to slacken speed. See section 2006 of this title. Section 209, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 101, provided that an overtaking vessel keep out of the way and defined the term 'overtaking vessel'. See section 2013 of this title. Section 210, acts June 7, 1897, ch. 4, Sec. 1, 30 Stat. 101; Nov. 5, 1966, Pub. L. 89-764, Sec. 2, 80 Stat. 1313, related to operation of steam vessels in a narrow channel. See section 2009 of this title. Section 211, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 102, related to right of way of fishing vessels or boats. See section 2018 of this title. Section 212, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 102, provided for departure from the rules in special circumstances. See section 2002 of this title. Section 213, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 102, related to signal to be given that a vessel's engines are going at full speed astern. See section 2034 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39802 Document 160 of 1330------ -CITE- 33 USC SUBCHAPTER V -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER V -HEAD- SUBCHAPTER V - NO VESSEL UNDER ANY CIRCUMSTANCES TO NEGLECT PROPER PRECAUTIONS ------DocID 39803 Document 161 of 1330------ -CITE- 33 USC Sec. 221, 222 -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER V -HEAD- Sec. 221, 222. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section 221, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 102, related to usual additional precautions generally required. See section 2002 of this title. Section 222, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 102, related to suspension of rules regarding the exhibition of lights on vessels of war or of the Coast Guard. See section 2001 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39804 Document 162 of 1330------ -CITE- 33 USC SUBCHAPTER VI -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER VI -HEAD- SUBCHAPTER VI - DISTRESS SIGNALS ------DocID 39805 Document 163 of 1330------ -CITE- 33 USC Sec. 231 -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER VI -HEAD- Sec. 231. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section, act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 102, related to distress signals. See section 2037 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39806 Document 164 of 1330------ -CITE- 33 USC SUBCHAPTER VII -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER VII -HEAD- SUBCHAPTER VII - ORDERS ------DocID 39807 Document 165 of 1330------ -CITE- 33 USC Sec. 232 -EXPCITE- TITLE 33 CHAPTER 3 SUBCHAPTER VII -HEAD- Sec. 232. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section, act June 7, 1897, ch. 4, Sec. 1, as added Aug. 21, 1935, ch. 595, Sec. 2, 49 Stat. 669, related to orders to helmsmen. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39808 Document 166 of 1330------ -CITE- 33 USC CHAPTER 4 -EXPCITE- TITLE 33 CHAPTER 4 -HEAD- CHAPTER 4 - NAVIGATION RULES FOR GREAT LAKES AND THEIR CONNECTING AND TRIBUTARY WATERS -MISC1- Prior rules for preventing collision prescribed by R.S. Sec. 4233 to be followed by vessels of the Navy and mercantile marine of the United States, applicable originally to all waters, were superseded as to navigation on the high seas and waters connected therewith by the International Rules (act Aug. 19, 1890, ch. 802 (sec. 61 et seq. of this title)) were superseded as to navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal, by act Feb. 8, 1895, ch. 64 (section 241 et seq. of this title); were adopted as special rules for the navigation of harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal by act of Feb. 19, 1895, ch. 102 (see section 301 et seq. of this title); and were superseded as to navigation of all harbors, rivers, and inland waters of the United States, except the Great Lakes and their connecting and tributary waters as far east as Montreal and the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries by act June 7, 1897, ch. 4, Sec. 1, 30 Stat. 96 (section 151 et seq. of this title), leaving them applicable solely to the Red River of the North and rivers emptying into the Gulf of Mexico. See section 2001 et seq. of this title. ------DocID 39809 Document 167 of 1330------ -CITE- 33 USC SUBCHAPTER I -EXPCITE- TITLE 33 CHAPTER 4 SUBCHAPTER I -HEAD- SUBCHAPTER I - PRELIMINARY ------DocID 39810 Document 168 of 1330------ -CITE- 33 USC Sec. 241 to 244 -EXPCITE- TITLE 33 CHAPTER 4 SUBCHAPTER I -HEAD- Sec. 241 to 244. Repealed. Pub. L. 96-591, Sec. 8(b), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section 241, acts Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 645; Mar. 28, 1958, Pub. L. 85-350, Sec. 1, 72 Stat. 49, required adoption of rules for navigation of Great Lakes and connecting and tributary waters. See section 2001 of this title. Section 242, acts Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 645, defined 'sailing vessel', 'steam vessel' and 'under way'. See section 2003 of this title. Section 243, acts Feb. 8, 1895, ch. 64, Sec. 3, 28 Stat. 649; Feb. 14, 1903, ch. 552, Sec. 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to authority of Commandant of the Coast Guard to establish necessary regulations. See section 2071 of this title. Section 244, acts Feb. 8, 1895, ch. 64, Sec. 2, 28 Stat. 649; Mar. 28, 1958, Pub. L. 85-350, Sec. 2, 72 Stat. 49, related to liability of persons and private vessels for violation of provisions. See section 2072 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8, 1982, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39811 Document 169 of 1330------ -CITE- 33 USC SUBCHAPTER II -EXPCITE- TITLE 33 CHAPTER 4 SUBCHAPTER II -HEAD- SUBCHAPTER II - RULES CONCERNING LIGHTS, ETC. ------DocID 39812 Document 170 of 1330------ -CITE- 33 USC Sec. 251 to 262 -EXPCITE- TITLE 33 CHAPTER 4 SUBCHAPTER II -HEAD- Sec. 251 to 262. Repealed. Pub. L. 96-591, Sec. 8(b), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section 251, acts Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 645; May 17, 1928, ch. 600, 45 Stat. 592, related to time for lights and exclusivity of prescribed lights, and defined 'visible'. See section 2020 of this title. Section 252, acts Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 645; May 17, 1928, ch. 600, 45 Stat. 592; Feb. 28, 1929, ch. 370, 45 Stat. 1405; May 9, 1932, ch. 175, Sec. 1, 47 Stat. 152; Mar. 18, 1948, ch. 138, Sec. 1-3, 62 Stat. 82, related to lights of steam vessels under way. See section 2023 of this title. Section 253, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 646, related to lights of steam vessels having a tow other than a raft. See section 2024 of this title. Section 254, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 646, related to lights of steam vessels having a raft in tow. See section 2024 of this title. Section 255, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 646, related to lights of sailing vessels under way and vessels in tow. See sections 2024 and 2025 of this title. Section 256, acts Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 646; May 17, 1928, ch. 601, Sec. 1, 45 Stat. 593; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to lights of small tugs, boats on River St. Lawrence, ferryboats, rafts and canal boats. Section 257, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 646, related to lights of small vessels under way in bad weather. Section 258, acts Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 647; May 17, 1928, ch. 600, 45 Stat. 592; Apr. 22, 1940, ch. 128, Sec. 2, 54 Stat. 150; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440, related to lights of vessels at anchor. See section 2030 of this title. Section 259, acts Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 647; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to lights of produce boats, canal boats, etc., navigating by hand or horsepower or by sail or by current, or at anchor. Section 260, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 647, related to lights of open boats. Section 261, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 647, related to use of torch by sailing vessels on approach of steamer. Section 262, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 647, related to suspension of lights by vessels of war or Coast Guard vessels. See section 2001 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8, 1982, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39813 Document 171 of 1330------ -CITE- 33 USC SUBCHAPTER III -EXPCITE- TITLE 33 CHAPTER 4 SUBCHAPTER III -HEAD- SUBCHAPTER III - SOUND SIGNALS FOR FOG, ETC.; SPEED ------DocID 39814 Document 172 of 1330------ -CITE- 33 USC Sec. 271, 272 -EXPCITE- TITLE 33 CHAPTER 4 SUBCHAPTER III -HEAD- Sec. 271, 272. Repealed. Pub. L. 96-591, Sec. 8(b), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section 271, acts Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 647; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Mar. 18, 1948, ch. 138, Sec. 4, 62 Stat. 82, related to sound signals in fog, etc., of steam and sailing vessels under way, at anchor or aground. See section 2032 et seq. of this title. Section 272, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 648, related to speed in fog, etc. See sections 2019 and 2035 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8, 1982, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39815 Document 173 of 1330------ -CITE- 33 USC SUBCHAPTER IV -EXPCITE- TITLE 33 CHAPTER 4 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - STEERING AND SAILING RULES ------DocID 39816 Document 174 of 1330------ -CITE- 33 USC Sec. 281 to 293 -EXPCITE- TITLE 33 CHAPTER 4 SUBCHAPTER IV -HEAD- Sec. 281 to 293. Repealed. Pub. L. 96-591, Sec. 8(b), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section 281, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 648, related to steering and sailing rules for sailing vessels approaching one another. See section 2012 of this title. Section 282, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 648, related to steam vessels meeting end on. See section 2014 of this title. Section 283, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 648, related to steam vessels crossing. See section 2015 of this title. Section 284, acts Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 648; Nov. 5, 1966, Pub. L. 89-764, Sec. 3, 80 Stat. 1313, related to steam and sailing vessels meeting. See section 2018 of this title. Section 285, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 649, related to maintenance of course and speed by vessel having right-of-way. See section 2017 of this title. Section 286, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 649, related to duty of steam vessel to slacken speed. See section 2017 of this title. Section 287, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 649, related to duty of overtaking vessel to keep out of the way. See section 2013 of this title. Section 288, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 649, related to whistle signals of steam vessels to indicate course. See section 2034 of this title. Section 289, acts Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 649; Nov. 5, 1966, Pub. L. 89-764, Sec. 4, 80 Stat. 1313, related to right-of-way when steam vessels meet in narrow channels having current and certain rivers, etc. See section 2009 of this title. Section 290, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 649, related to steam vessels passing in narrow channels and slackening speed when meeting in narrow channels. See section 2008 of this title. Section 291, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 649, related to dissent to or misunderstanding of signal given and duty to reduce speed. See section 2034 of this title. Section 292, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 649, related to departure from rules to avert immediate danger. See section 2002 of this title. Section 293, act Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 649, related to usual additional precautions generally required. See section 2002 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8, 1982, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39817 Document 175 of 1330------ -CITE- 33 USC SUBCHAPTER V -EXPCITE- TITLE 33 CHAPTER 4 SUBCHAPTER V -HEAD- SUBCHAPTER V - ORDERS ------DocID 39818 Document 176 of 1330------ -CITE- 33 USC Sec. 294 -EXPCITE- TITLE 33 CHAPTER 4 SUBCHAPTER V -HEAD- Sec. 294. Repealed. Pub. L. 96-591, Sec. 8(b), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section, act Feb. 8, 1895, ch. 64, Sec. 1, as added Aug. 21, 1935, ch. 595, Sec. 3, 49 Stat. 669, related to orders to helmsmen. EFFECTIVE DATE OF REPEAL Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8, 1982, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39819 Document 177 of 1330------ -CITE- 33 USC SUBCHAPTER VI -EXPCITE- TITLE 33 CHAPTER 4 SUBCHAPTER VI -HEAD- SUBCHAPTER VI - VESSELS NOT UNDER WAY ------DocID 39820 Document 178 of 1330------ -CITE- 33 USC Sec. 295 -EXPCITE- TITLE 33 CHAPTER 4 SUBCHAPTER VI -HEAD- Sec. 295. Repealed. Pub. L. 96-591, Sec. 8(b), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section, act Feb. 8, 1895, ch. 64, Sec. 1, as added Mar. 18, 1948, ch. 138, Sec. 5, 62 Stat. 82, related to day and night signals for vessels anchored, not under command, or aground. See section 2035 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8, 1982, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39821 Document 179 of 1330------ -CITE- 33 USC CHAPTER 5 -EXPCITE- TITLE 33 CHAPTER 5 -HEAD- CHAPTER 5 - NAVIGATION RULES FOR RED RIVER OF THE NORTH AND RIVERS EMPTYING INTO GULF OF MEXICO AND TRIBUTARIES -MISC1- The rules for preventing collisions prescribed by R.S. Sec. 4233, as amended, formed the basis of this chapter. Those rules as enacted were not limited in application to the navigation of any waters. But they were superseded as to navigation on the high seas and in all coast waters of the United States, except such as were otherwise provided for, by the adoption of 'Revised International Regulations' by act Mar. 3, 1885, ch. 354, 23 Stat. 438; and these regulations were superseded by the adoption of the subsequent regulations of act Aug. 19, 1890, set out as section 61 et seq. and section 1051 et seq. of this title. The rules prescribed by R.S. Sec. 4233 were further superseded, as to navigation on the Great Lakes and their connecting and tributary waters as far east as Montreal, by the rules applying to such navigation prescribed by act Feb. 8, 1895 (section 241 et seq. of this title). The provisions of R.S. Sec. 4233, 4412, and 4413 and regulations pursuant thereto were adopted as special rules for the navigation of harbors, rivers, and inland waters of the United States (except the Great Lakes and their connecting and tributary waters as far east as Montreal) by act Feb. 19, 1895. R.S. Sec. 4412 and 4413 were classified to section 381 of former Title 46, Shipping. But thereafter the rules prescribed by R.S. Sec. 4233, were further superseded as to navigation of all harbors, rivers, and inland waters except the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries, by the rules applying to all such waters other than the specific exceptions, of act June 7, 1897 (section 151 et seq. of this title). The rules prescribed by R.S. Sec. 4233, therefore, remained in force only as to the navigation of the Red River of the North and rivers emptying into the Gulf of Mexico and their tributaries. See section 2001 et seq. of this title. ------DocID 39822 Document 180 of 1330------ -CITE- 33 USC SUBCHAPTER I -EXPCITE- TITLE 33 CHAPTER 5 SUBCHAPTER I -HEAD- SUBCHAPTER I - PRELIMINARY ------DocID 39823 Document 181 of 1330------ -CITE- 33 USC Sec. 301 to 303 -EXPCITE- TITLE 33 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 301 to 303. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section 301, R.S. Sec. 4233; Aug. 19, 1890, ch. 802, 26 Stat. 320; Feb. 8, 1895, ch. 64, Sec. 1, 28 Stat. 645; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; June 7, 1897, ch. 4, 30 Stat. 96; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 250; Aug. 8, 1953, ch. 386, Sec. 2, 67 Stat. 497, made provision for the adoption of rules for navigation on the Red River of the North and rivers emptying into the Gulf of Mexico and tributaries. See section 2001 et seq. of this title. Section 302, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; Mar. 3, 1905, ch. 1457, Sec. 10, 33 Stat. 1032; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 250, defined the terms 'steam vessel', 'under way', 'visible', and 'distinct blast'. See section 2003 of this title. Section 303, act Feb. 19, 1895, ch. 102, Sec. 3, 28 Stat. 672, set penalties for violation by vessels. See section 2072 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39824 Document 182 of 1330------ -CITE- 33 USC SUBCHAPTER II -EXPCITE- TITLE 33 CHAPTER 5 SUBCHAPTER II -HEAD- SUBCHAPTER II - RULES CONCERNING LIGHTS ------DocID 39825 Document 183 of 1330------ -CITE- 33 USC Sec. 311 to 323 -EXPCITE- TITLE 33 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 311 to 323. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section 311, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 250, related generally to the times during which rules for the display of lights were to be followed. See section 2020 of this title. Section 312, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 250; Aug. 14, 1958, Pub. L. 85-635, Sec. 3, 72 Stat. 590, set out requirements for lights on vessels towing alongside or pushing a vessel or vessels. See section 2024 of this title. Section 313, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 251, related to lights of vessels towing a vessel or vessels astern. See section 2024 of this title. Section 314, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 251, related to lights of seagoing steam vessels under way. See section 2023 of this title. Section 315, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 251, related to lights of river steamers. See section 2023 of this title. Section 316, R.S. Sec. 4233; Mar. 3, 1893, ch. 202, 27 Stat. 557; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 251, related to requirements of additional lights and to requirements of lights on steam vessels not otherwise provided for. See section 2023 of this title. Section 317, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 251, related to lights of sailing vessels under way and vessels being towed. See sections 2024 and 2025 of this title. Section 318, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 251, related to lights of small vessels in bad weather. See sections 2020 and 2022 of this title. Section 319, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; Apr. 22, 1940, ch. 128, Sec. 3, 54 Stat. 151; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 252; Aug. 14, 1958, Pub. L. 85-635, Sec. 4, 72 Stat. 591, related to lights of overtaken vessels. See section 2022 of this title. Section 320, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, Sec. 5, 29 Stat. 689; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 252, related to lights of sailing and steam pilot vessels. See sections 2025 and 2029 of this title. Section 321, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 252, related to lights on motorboats. See section 2023 of this title. Section 322, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 252; Aug. 5, 1963, Pub. L. 88-84, Sec. 3, 77 Stat. 116; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(g)(1)(D), 80 Stat. 941, related to lights of vessels at anchor. See section 2030 of this title. Section 323, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, Sec. 12, 29 Stat. 690; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 253, related to lights on warships and Coast Guard cutters. See section 2001 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39826 Document 184 of 1330------ -CITE- 33 USC SUBCHAPTER III -EXPCITE- TITLE 33 CHAPTER 5 SUBCHAPTER III -HEAD- SUBCHAPTER III - SOUND SIGNALS FOR FOG, ETC. ------DocID 39827 Document 185 of 1330------ -CITE- 33 USC Sec. 331 -EXPCITE- TITLE 33 CHAPTER 5 SUBCHAPTER III -HEAD- Sec. 331. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, Sec. 12, 29 Stat. 690; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 253; Aug. 5, 1963, Pub. L. 88-84, Sec. 4, 77 Stat. 117, related to manner of giving signals for vessels under way, in fog or bad weather, or at anchor. See section 2035 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39828 Document 186 of 1330------ -CITE- 33 USC SUBCHAPTER IV -EXPCITE- TITLE 33 CHAPTER 5 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - STEERING AND SAILING RULES ------DocID 39829 Document 187 of 1330------ -CITE- 33 USC Sec. 341 to 351 -EXPCITE- TITLE 33 CHAPTER 5 SUBCHAPTER IV -HEAD- Sec. 341 to 351. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section 341, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, Sec. 12, 29 Stat. 690; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 253, related to rate of speed in fog or bad weather conditions. See sections 2006 and 2019 of this title. Section 341a, R.S. Sec. 4233; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 254, related to ascertainment of risk of collision. See section 2007 of this title. Section 342, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 26 Stat. 672; Mar. 3, 1897, ch. 389, Sec. 12, 29 Stat. 690; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 253, related to situation in which sailing vessels were approaching one another. See section 2012 of this title. Section 343, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 254, related to steam vessels meeting end on. See section 2014 of this title. Section 344, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 254, related to signals to be given in the situation where steam vessels are crossing. See sections 2015 and 2034 of this title. Section 345, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 255; Nov. 5, 1966, Pub. L. 89-764, Sec. 5, 80 Stat. 1313, related to steam vessels and sailing vessels meeting. See section 2018 of this title. Section 346, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 255, related to duty of steam vessels to slacken speed. See sections 2006, 2017 of this title. Section 347, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 255, related to duty of an overtaking vessel to keep out of the way. See section 2013 of this title. Section 348, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 255, set out rule that a vessel having the right of way was to keep course. See section 2017 of this title. Section 348a, R.S. Sec. 4233, Rule 23(A), as added Pub. L. 89-764, Sec. 6, Nov. 5, 1966, 80 Stat. 1313, related to rule that a steam vessel could not hamper safe passage of a large vessel or vessel in tow. See section 2018 of this title. Section 349, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 255, related to danger signals, responding signals, and additional signals. See section 2032 et seq. of this title. Section 350, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, Sec. 13, 29 Stat 690; May 21 1948, ch. 328, Sec. 4, 62 Stat. 256, related to departures from the rules to avoid collision. See sections 2008 and 2017 of this title. Section 351, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; Mar. 3, 1897, ch. 389, Sec. 13, 29 Stat. 690; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 256, related to usual additional precautions required. See section 2002 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39830 Document 188 of 1330------ -CITE- 33 USC SUBCHAPTER V -EXPCITE- TITLE 33 CHAPTER 5 SUBCHAPTER V -HEAD- SUBCHAPTER V - ORDERS ------DocID 39831 Document 189 of 1330------ -CITE- 33 USC Sec. 352 -EXPCITE- TITLE 33 CHAPTER 5 SUBCHAPTER V -HEAD- Sec. 352. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section, R.S. Sec. 4233; Feb. 19, 1895, ch. 102, Sec. 1, 28 Stat. 672; Aug. 21, 1935, ch. 595, Sec. 4, 49 Stat. 669; May 21, 1948, ch. 328, Sec. 4, 62 Stat. 256, related to orders given to helmsmen. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39832 Document 190 of 1330------ -CITE- 33 USC SUBCHAPTER VI -EXPCITE- TITLE 33 CHAPTER 5 SUBCHAPTER VI -HEAD- SUBCHAPTER VI - MISCELLANEOUS PROVISIONS ------DocID 39833 Document 191 of 1330------ -CITE- 33 USC Sec. 353 to 356 -EXPCITE- TITLE 33 CHAPTER 5 SUBCHAPTER VI -HEAD- Sec. 353 to 356. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section 353, R.S. Sec. 4233A, as added May 21, 1948, ch. 328, Sec. 4, 62 Stat. 256, and amended Aug. 14, 1958, Pub. L. 85-656, Sec. 2, 72 Stat. 612, related to establishment of special rules. See section 2001 of this title. Section 354, R.S. Sec. 4233B, as added May 21, 1948, ch. 328, Sec. 4, 62 Stat. 256, related to penalties for violations by pilots, engineers, mates, or masters. See section 2072 of this title. Section 355, R.S. Sec. 4233C, as added May 21, 1948, ch. 328, Sec. 4, 62 Stat. 257, related to penalties for violation of the rules by a vessel. See sections 2002 and 2072 of this title. Section 356, acts May 21, 1948, ch. 328, Sec. 5, 62 Stat. 257; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(b)(1), 80 Stat. 938, related to exempted status of Navy and Coast Guard vessels from complying with International Rules of the Road. See section 2001 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39834 Document 192 of 1330------ -CITE- 33 USC CHAPTER 5A -EXPCITE- TITLE 33 CHAPTER 5A -HEAD- CHAPTER 5A - EXEMPTION OF NAVY OR COAST GUARD VESSELS FROM CERTAIN NAVIGATION RULES ------DocID 39835 Document 193 of 1330------ -CITE- 33 USC Sec. 360, 360a -EXPCITE- TITLE 33 CHAPTER 5A -HEAD- Sec. 360, 360a. Repealed. Pub. L. 96-591, Sec. 8(a), Dec. 24, 1980, 94 Stat. 3435 -MISC1- Section 360, acts Dec. 3, 1945, ch. 511, Sec. 1, 59 Stat. 590; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(b)(1), 80 Stat. 938, provided that vessels of special construction be exempted from requirements with regard to number and position of lights. See section 2001 of this title. Section 360a, acts Dec. 3, 1945, ch. 511, Sec. 2, 59 Stat. 591; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(b)(1), 80 Stat. 938, related to publication of notice when the Secretary of the department in which the Coast Guard was operating made findings or certifications described in section 360 of this title. EFFECTIVE DATE OF REPEAL Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. ------DocID 39836 Document 194 of 1330------ -CITE- 33 USC CHAPTER 6 -EXPCITE- TITLE 33 CHAPTER 6 -HEAD- CHAPTER 6 - GENERAL DUTIES OF SHIP OFFICERS AND OWNERS AFTER COLLISION OR OTHER ACCIDENT ------DocID 39837 Document 195 of 1330------ -CITE- 33 USC Sec. 361 to 368 -EXPCITE- TITLE 33 CHAPTER 6 -HEAD- Sec. 361 to 368. Repealed. Pub. L. 98-89, Sec. 4(b), Aug. 26, 1983, 97 Stat. 599 -MISC1- Section 361, act June 20, 1874, ch. 344, Sec. 10, 18 Stat. 128; 1946 Reorg. Plan. No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, required filing of reports to Coast Guard on accidents involving United States vessels and provided penalty for failure to comply. See sections 6101, 6103 of Title 46, Shipping. Section 362, act June 20, 1874, ch. 344, Sec. 11, 18 Stat. 128; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, required reporting of probable loss of vessels and provided penalty for failure to comply. See sections 6101, 6103 of Title 46. Section 363, acts June 20, 1874, ch. 344, Sec. 12, 18 Stat. 128; Feb. 14, 1903, ch. 552, Sec. 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to transmission of reports by Coast Guard officials to Commandant of Coast Guard. Section 364, acts June 20, 1874, ch. 344, Sec. 13, 18 Stat. 128; Mar. 3, 1897, ch. 389, Sec. 11, 29 Stat. 689; Feb. 14, 1903, ch. 552, Sec. 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to remission and recovery of penalties. See section 2107 of Title 46. Section 365, act Mar. 4, 1915, ch. 153, Sec. 15, 38 Stat. 1184; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to reports by owners of barges in tow. See section 6101 of Title 46. Section 366, act Mar. 4, 1915, ch. 153, Sec. 15, 38 Stat. 1184; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, required Commandant of Coast Guard to transmit annually to Congress a summary of reports transmitted to him by Coast Guard officials as required under sections 361 to 365 of this title. See section 6307 of Title 46. Section 367, act Sept. 4, 1890, ch. 875, Sec. 1, 26 Stat. 425, related to duty of master of a vessel in collision to give aid, and to give name of his vessel together with other information about his vessel. See sections 2303, 2304 of Title 46. Section 368, act Sept. 4, 1890, ch. 875, Sec. 2, 26 Stat. 425, set out penalties for failure to give aid as required by section 367 of this title. See sections 2303, 2304 of Title 46. Act Sept. 4, 1890, ch. 875, Sec. 3, 26 Stat. 425, which provided that sections 367 and 368 of this title were to take effect at a time to be fixed by President by proclamation (effective Dec. 15, 1890, by Presidential Proclamation of Nov. 18, 1890, 26 Stat. 1561), was repealed by Pub. L. 98-89, Sec. 4(b), 97 Stat. 599. ------DocID 39838 Document 196 of 1330------ -CITE- 33 USC CHAPTER 7 -EXPCITE- TITLE 33 CHAPTER 7 -HEAD- CHAPTER 7 - REGULATIONS FOR THE SUPPRESSION OF PIRACY -MISC1- Sec. 381. Use of public vessels to suppress piracy. 382. Seizure of piratical vessels generally. 383. Resistance of pirates by merchant vessels. 384. Condemnation of piratical vessels. 385. Seizure and condemnation of vessels fitted out for piracy. 386. Commissioning private vessels for seizure of piratical vessels. 387. Duties of officers of customs and marshals as to seizure. -CROSS- CROSS REFERENCES Piracy and other offenses on the high seas, see section 1651 et seq. of Title 18, Crimes and Criminal Procedure. ------DocID 39839 Document 197 of 1330------ -CITE- 33 USC Sec. 381 -EXPCITE- TITLE 33 CHAPTER 7 -HEAD- Sec. 381. Use of public vessels to suppress piracy -STATUTE- The President is authorized to employ so many of the public armed vessels as in his judgment the service may require, with suitable instructions to the commanders thereof, in protecting the merchant vessels of the United States and their crews from piratical aggressions and depredations. -SOURCE- (R.S. Sec. 4293.) -COD- CODIFICATION R.S. Sec. 4293 derived from acts Mar. 3, 1819, ch. 77, Sec. 1, 3 Stat. 510; Jan. 30, 1823, ch. 7, 3 Stat. 721. ------DocID 39840 Document 198 of 1330------ -CITE- 33 USC Sec. 382 -EXPCITE- TITLE 33 CHAPTER 7 -HEAD- Sec. 382. Seizure of piratical vessels generally -STATUTE- The President is authorized to instruct the commanders of the public armed vessels of the United States to subdue, seize, take, and send into any port of the United States, any armed vessel or boat, or any vessel or boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any vessel of the United States, or of the citizens thereof, or upon any other vessel; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas. -SOURCE- (R.S. Sec. 4294.) -COD- CODIFICATION R.S. Sec. 4294 derived from acts Mar. 3, 1819, ch. 77, Sec. 2, 3 Stat. 512; Jan. 30, 1823, ch. 7, 3 Stat. 721. ------DocID 39841 Document 199 of 1330------ -CITE- 33 USC Sec. 383 -EXPCITE- TITLE 33 CHAPTER 7 -HEAD- Sec. 383. Resistance of pirates by merchant vessels -STATUTE- The commander and crew of any merchant vessel of the United States, owned wholly, or in part, by a citizen thereof, may oppose and defend against any aggression, search, restraint, depredation, or seizure, which shall be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and capture the same; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States. -SOURCE- (R.S. Sec. 4295.) -COD- CODIFICATION R.S. Sec. 4295 derived from acts Mar. 3, 1819, ch. 77, Sec. 3, 3 Stat. 513; Jan. 30, 1823, ch. 7, 3 Stat. 721. ------DocID 39842 Document 200 of 1330------ -CITE- 33 USC Sec. 384 -EXPCITE- TITLE 33 CHAPTER 7 -HEAD- Sec. 384. Condemnation of piratical vessels -STATUTE- Whenever any vessel, which shall have been built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation, or seizure, or in the commission of any other act of piracy as defined by the law of nations, or from which any piratical aggression, search, restraint, depredation, or seizure shall have been first attempted or made, is captured and brought into or captured in any port of the United States, the same shall be adjudged and condemned to their use, and that of the captors after due process and trial in any court having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought; and the same court shall thereupon order a sale and distribution thereof accordingly, and at its discretion. -SOURCE- (R.S. Sec. 4296.) -COD- CODIFICATION R.S. Sec. 4296 derived from acts Mar. 3, 1819, ch. 77, Sec. 4, 3 Stat. 513; Jan. 30, 1823, ch. 7, 3 Stat. 721; Aug. 5, 1861, ch. 48, Sec. 1, 12 Stat. 314. ------DocID 39843 Document 201 of 1330------ -CITE- 33 USC Sec. 385 -EXPCITE- TITLE 33 CHAPTER 7 -HEAD- Sec. 385. Seizure and condemnation of vessels fitted out for piracy -STATUTE- Any vessel built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation, or seizure, or in the commission of any other act of piracy, as defined by the law of nations, shall be liable to be captured and brought into any port of the United States if found upon the high seas, or to be seized if found in any port or place within the United States, whether the same shall have actually sailed upon any piratical expedition or not, and whether any act of piracy shall have been committed or attempted upon or from such vessel or not; and any such vessel may be adjudged and condemned, if captured by a vessel authorized as mentioned in section 386 of this title to the use of the United States, and to that of the captors, and if seized by a collector, surveyor, or marshal, then to the use of the United States. -SOURCE- (R.S. Sec. 4297.) -REFTEXT- REFERENCES IN TEXT Surveyor, referred to in text, is probably an obsolete office in view of act July 5, 1932, ch. 430, title I, Sec. 1, 47 Stat. 584, which abolished the offices of surveyors of customs, except at the Port of New York. Ports of delivery, except those which were made ports of entry, were abolished and the use of the term 'port of delivery' was discontinued under the President's plan of reorganization of the customs service communicated to Congress by message dated Mar. 3, 1913. -COD- CODIFICATION R.S. Sec. 4297 derived from act Aug. 5, 1861, ch. 48, Sec. 1, 12 Stat. 314. -TRANS- TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 386 of this title. ------DocID 39844 Document 202 of 1330------ -CITE- 33 USC Sec. 386 -EXPCITE- TITLE 33 CHAPTER 7 -HEAD- Sec. 386. Commissioning private vessels for seizure of piratical vessels -STATUTE- The President is authorized to instruct the commanders of the public-armed vessels of the United States, and to authorize the commanders of any other armed vessels sailing under the authority of any letters of marque and reprisal granted by Congress, or the commanders of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States, any vessel or boat built, purchased, fitted out, or held as mentioned in section 385 of this title. -SOURCE- (R.S. Sec. 4298.) -COD- CODIFICATION R.S. Sec. 4298 derived from act Aug. 5, 1861, ch. 48, Sec. 2, 12 Stat. 315. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 385 of this title. ------DocID 39845 Document 203 of 1330------ -CITE- 33 USC Sec. 387 -EXPCITE- TITLE 33 CHAPTER 7 -HEAD- Sec. 387. Duties of officers of customs and marshals as to seizure -STATUTE- The collectors of the several ports of entry, the surveyors of the several ports of delivery, and the marshals of the several judicial districts within the United States, shall seize any vessel or boat built, purchased, fitted out, or held as mentioned in section 385 of this title, which may be found within their respective ports or districts, and to cause the same to be proceeded against and disposed of as provided by that section. -SOURCE- (R.S. Sec. 4299.) -REFTEXT- REFERENCES IN TEXT Surveyors of the several ports of delivery, referred to in text, are probably obsolete offices in view of act July 5, 1932, ch. 430, title I, Sec. 1, 47 Stat. 584, which abolished the offices of surveyors of customs, except at the Port of New York. Ports of delivery, except those which were made ports of entry, were abolished and the use of the term 'port of delivery' was discontinued under the President's plan of reorganization of the customs service communicated to Congress by message dated Mar. 3, 1913. -COD- CODIFICATION R.S. Sec. 4299 derived from act Aug. 5, 1861, ch. 48, Sec. 3, 12 Stat. 315. -TRANS- TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. -CROSS- CROSS REFERENCES Reorganization of customs service, see section 1 of Title 19, Customs Duties. ------DocID 39846 Document 204 of 1330------ -CITE- 33 USC CHAPTER 8 -EXPCITE- TITLE 33 CHAPTER 8 -HEAD- CHAPTER 8 - SUMMARY TRIALS FOR CERTAIN OFFENSES AGAINST NAVIGATION LAWS -MISC1- Sec. 391. Summary trials authorized. 392. Complaint and answer; jury trial. 393. Amendments of complaint and adjournments. 394. Challenge to jurors. 395. Limit of sentence. 396. Recovery of penalties and forfeitures generally. ------DocID 39847 Document 205 of 1330------ -CITE- 33 USC Sec. 391 -EXPCITE- TITLE 33 CHAPTER 8 -HEAD- Sec. 391. Summary trials authorized -STATUTE- Whenever a complaint shall be made against any master, officer, or seaman of any vessel belonging, in whole or in part, to any citizen of the United States, of the commission of any offense, not capital or otherwise infamous, against any law of the United States made for the protection of persons or property engaged in commerce or navigation, it shall be the duty of the United States attorney to investigate the same, and the general nature thereof, and if, in his opinion, the case is such as should be summarily tried, he shall report the same to the district judge, and the judge shall forthwith, or as soon as the ordinary business of the court will permit, proceed to try the cause, and for that purpose may, if necessary, hold a special session of the court, either in term time or vacation. -SOURCE- (R.S. Sec. 4300; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.) -COD- CODIFICATION R.S. Sec. 4300 derived from act June 11, 1864, ch. 121, Sec. 2, 13 Stat. 124. -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted 'United States attorney' for 'district attorney'. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes set out thereunder. -CROSS- CROSS REFERENCES Criminal jurisdiction of district courts, generally, see section 3231 of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 47 section 31. ------DocID 39848 Document 206 of 1330------ -CITE- 33 USC Sec. 392 -EXPCITE- TITLE 33 CHAPTER 8 -HEAD- Sec. 392. Complaint and answer; jury trial -STATUTE- At the summary trial of offenses against the laws for the protection of persons or property engaged in commerce or navigation, it shall not be necessary that the accused shall have been previously indicted, but a statement of complaint, verified by oath in writing, shall be presented to the court, setting out the offense in such manner as clearly to apprise the accused of the character of the offense complained of, and to enable him to answer the complaint. The complaint or statement shall be read to the accused, who may plead to or answer the same, or make a counterstatement. The trial shall thereupon be proceeded with in a summary manner, and the case shall be decided by the court, unless, at the time for pleading or answering, the accused shall demand a jury, in which case the trial shall be upon the complaint and plea of not guilty. -SOURCE- (R.S. Sec. 4301.) -COD- CODIFICATION R.S. Sec. 4301 derived from act June 11, 1864, ch. 121, Sec. 3, 4, 13 Stat. 125. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 47 section 31. ------DocID 39849 Document 207 of 1330------ -CITE- 33 USC Sec. 393 -EXPCITE- TITLE 33 CHAPTER 8 -HEAD- Sec. 393. Amendments of complaint and adjournments -STATUTE- It shall be lawful for the court to allow the United States attorney to amend his statement of complaint at any stage of the proceedings, before verdict, if, in the opinion of the court, such amendment will work no injustice to the accused; and if it appears to the court that the accused is unprepared to meet the charge as amended, and that an adjournment of the cause will promote the ends of justice, such adjournment shall be made, until a further day, to be fixed by the court. -SOURCE- (R.S. Sec. 4302; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.) -COD- CODIFICATION R.S. Sec. 4302 derived from act June 11, 1864, ch. 121, Sec. 6, 13 Stat. 125. -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted 'United States attorney' for 'district attorney'. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes set out thereunder. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 47 section 31. ------DocID 39850 Document 208 of 1330------ -CITE- 33 USC Sec. 394 -EXPCITE- TITLE 33 CHAPTER 8 -HEAD- Sec. 394. Challenge to jurors -STATUTE- At the trial in summary cases, if by jury, the United States and the accused shall each be entitled to three peremptory challenges. Challenges for cause, in such cases, shall be tried by the court without the aid of triers. -SOURCE- (R.S. Sec. 4303.) -COD- CODIFICATION R.S. Sec. 4303 derived from act June 11, 1864, ch. 121, Sec. 7, 13 Stat. 125. -CROSS- FEDERAL RULES OF CRIMINAL PROCEDURE Peremptory challenges, generally, see rule 24, Title 18, Appendix, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 47 section 31. ------DocID 39851 Document 209 of 1330------ -CITE- 33 USC Sec. 395 -EXPCITE- TITLE 33 CHAPTER 8 -HEAD- Sec. 395. Limit of sentence -STATUTE- It shall not be lawful for the court to sentence any person convicted in such trial to any greater punishment than imprisonment in jail for one year, or to a fine exceeding $500, or both, in its discretion, in those cases where the laws of the United States authorize such imprisonment and fine. -SOURCE- (R.S. Sec. 4304.) -COD- CODIFICATION R.S. Sec. 4304 derived from act June 11, 1864, ch. 121, Sec. 5, 13 Stat. 125. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 47 section 31. ------DocID 39852 Document 210 of 1330------ -CITE- 33 USC Sec. 396 -EXPCITE- TITLE 33 CHAPTER 8 -HEAD- Sec. 396. Recovery of penalties and forfeitures generally -STATUTE- All the penalties and forfeitures which may be incurred for offenses against title 48 of the Revised Statutes may be sued for, prosecuted, and recovered in such court, and be disposed of in such manner, as any penalties and forfeitures which may be incurred for offenses against the laws relating to the collection of duties, except when otherwise expressly prescribed. -SOURCE- (R.S. Sec. 4305.) -REFTEXT- REFERENCES IN TEXT Title 48 of the Revised Statutes, referred to in text, was in the original 'this Title', meaning title 48 of the Revised Statutes, consisting of R.S. Sec. 4131 to 4305. For complete classification of R.S. Sec. 4131 to 4305 to the Code, see Tables. -COD- CODIFICATION R.S. Sec. 4305 derived from act Dec. 31, 1792, ch. 1, Sec. 29, 1 Stat. 298. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 47 section 31. ------DocID 39853 Document 211 of 1330------ -CITE- 33 USC CHAPTER 9 -EXPCITE- TITLE 33 CHAPTER 9 -HEAD- CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY -MISC1- SUBCHAPTER I - IN GENERAL Sec. 401. Construction of bridges, causeways, dams or dikes generally; exemptions. 402. Construction of bridges, etc., over Illinois and Mississippi Canal. 403. Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in. 403a. Omitted. 403b. Lighting at docks and boat launching facilities. 404. Establishment of harbor lines; conditions to grants for extension of piers, etc. 405. Establishment and modification of harbor lines on Potomac and Anacostia Rivers. 406. Penalty for wrongful construction of bridges, piers, etc.; removal of structures. 407. Deposit of refuse in navigable waters generally. 407a. Deposit of debris of mines and stamp works. 408. Taking possession of, use of, or injury to harbor or river improvements. 409. Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels. 410. Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty. 411. Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and obstruction of navigable waters generally. 412. Liability of masters, pilots, etc., and of vessels engaged in violations. 413. Duty of United States attorneys and other Federal officers in enforcement of provisions; arrest of offenders. 414. Removal by Secretary of the Army of sunken water craft generally; liability of owner, lessee, or operator. 415. Summary removal of water craft obstructing navigation; liability of owner, lessee, or operator. 416. Appropriations for removal of sunken water craft. 417. Expenses of investigations by Department of the Army. 418. Provisions for protection of New York Harbor unaffected. 419. Regulation by Secretary governing transportation and dumping of dredgings, refuse, etc., into navigable waters; oyster lands; appropriations. 419a. Management practices to extend capacity and useful life of dredged material disposal areas. 420. Piers and cribs on Mississippi and St. Croix Rivers. 421. Deposit of refuse, etc., in Lake Michigan near Chicago. 422. Modification and extension of harbor lines at Chicago. 423. Establishment of pierhead and bulkhead lines in Wilmington Harbor, California. 424. Establishment of pierhead or bulkhead lines in Newport Harbor, California. 424a. Modification of harbor lines in Newport Harbor, California. 425. Omitted. 426. Investigations concerning erosion of shores of coastal and lake waters. 426-1. Coastal Engineering Research Center; establishment; powers and functions. 426-2. Board on Coastal Engineering Research. 426-3. Transfer of functions of Beach Erosion Board. 426a. Additional investigations concerning erosion of shores of coastal and lake waters; payment of costs; 'shores' defined. 426b. Applicability of existing laws; projects referred to Board of Engineers for Rivers and Harbors. 426c. Report by Coastal Engineering Research Center. 426d. Payment of expenses. 426e. Federal aid in protection of shores. (a) Declaration of policy. (b) Federal contribution; maximum amount; exceptions. (c) Periodic beach nourishment; 'construction' defined. (d) Shores other than public. (e) Authorized plans. 426f. Payments to States, etc. 426g. Authorization of small projects not specifically authorized; expenditures; local cooperation; work to be complete; exceptions. 426h. 'Shores' defined. 426i. Shore damage prevention or mitigation. 426j. Placement on State beaches of sand dredged in constructing and maintaining navigation inlets and channels adjacent to such beaches. 426k. Five year demonstration program to temporarily increase diversion of water from Lake Michigan at Chicago, Illinois. (a) Authorization of Secretary of the Army; purpose; amounts of increase; incremental accomplishment; effects on Illinois Waterway; responsibilities for development, implementation, and supervision. (b) Establishment of monthly controllable diversion rates; average annual level of Lake Michigan and total diversion for succeeding accounting year. (c) River stages approaching bankfull conditions on Illinois Waterway or Mississippi River or further increased diversion adversely affecting St. Lawrence Seaway water levels: limitation on diversion. (d) Additional study and demonstration program: determination of effects on Great Lakes levels and Illinois Waterway water quality and susceptibility to additional flooding and investigation of other adverse or beneficial impacts; report and recommendations to Congress. (e) 'Controllable diversion' defined. 426l. Protection of Lake Ontario. (a) Plan for shoreline protection and beach erosion control; report to Congress. (b) Minimization of damage and erosion to Lake Ontario shoreline. (c) Authorization of appropriations. (d) Short title. 426m. Collection and removal of drift and debris from publicly maintained commercial boat harbors and adjacent land and water areas. (a) Congressional findings. (b) Responsibility of Secretary of the Army for development of projects; project undertakings exempt from specific Congressional approval. (c) Federal share of costs; responsibility of non-Federal interests in future project development to recover cost or repair sources. (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. (e) Definitions. (f) Authorization of appropriations. 426n. Technical assistance to States and local governments; cost sharing. 426o. Great Lakes material disposal. 426p. Corps of Engineers. (a) Technical and other assistance. (b) Issuance of permits. 427 to 430. Repealed. SUBCHAPTER II - OIL POLLUTION OF COASTAL WATERS 431 to 437. Repealed. SUBCHAPTER III - NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF BALTIMORE 441. Deposit of refuse prohibited; penalty. 442. Liability of officers of towing vessel. 443. Permit for dumping; penalty for taking or towing boat or scow without permit. 444. Dumping at other place than designated dumping grounds; penalty; person liable; excuses for deviation. 445. Equipment and marking of boats or scows. 446. Inspectors; appointment, powers, and duties. 447. Bribery of inspector; penalty. 448. Return of permit; penalty for failure to return. 449. Disposition of dredged matter; persons liable; penalty. 450. Liability of vessel. 451. Supervisor of harbor; appointment and duties. 451a. Harbors subject to this subchapter. 451b. Waters included within subchapter. 452. Taking shellfish or otherwise interfering with navigation in New York Harbor channels; penalty; arrest and procedure. 453. Regulations for navigation of Ambrose Channel; exclusion of tows and sailing vessels. 454. Consent of Congress to obstruction of waters by New York City. SUBCHAPTER IV - POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF COLUMBIA 461 to 464. Repealed. SUBCHAPTER V - NAVIGABLE WATERS OF MARYLAND 465. Authority to dredge; riparian rights of United States. SUBCHAPTER VI - WATER POLLUTION CONTROL 466 to 466g. Transferred. 466g-1. Controversies involving construction or application of interstate compacts and pollution of waters. (a) Jurisdiction of actions by States. (b) Amount in controversy; residence, situs or citizenship; nature, character, or legal status of parties. (c) Suits between States signatory to interstate compact. (d) Venue. 466h to 466n. Transferred or Repealed. SUBCHAPTER VII - DAM INSPECTION PROGRAM 467. 'Dam' defined. 467a. Inspection of dams; exceptions. 467b. Investigation reports to Governors; remedial measures. 467c. Determination of danger to human life and property. 467d. Omitted. 467e. Existing liabilities and obligations unaffected. 467f. Authorization of appropriations for State dam safety programs; distribution among States; requirements for aggregate State expenditures for dam safety. 467g. State dam safety programs. (a) Requisite features of State dam safety programs. (b) Program approval. (c) Periodic review; revocation of approval; reapproval. 467h. National Dam Safety Review Board. 467i. Consultation with State officials. 467j. Training for State dam safety inspectors. 467k. Development of improved dam inspection techniques. 467l. Dam inventory updates. 467m. Inspection funds not to be used for repair or construction. 467n. Recovery of dam modification costs required for safety purposes. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1371, 1416, 2601, 2602 of this title. ------DocID 39854 Document 212 of 1330------ -CITE- 33 USC SUBCHAPTER I -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- SUBCHAPTER I - IN GENERAL ------DocID 39855 Document 213 of 1330------ -CITE- 33 USC Sec. 401 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 401. Construction of bridges, causeways, dams or dikes generally; exemptions -STATUTE- It shall not be lawful to construct or commence the construction of any bridge, causeway, dam, or dike over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for (1) the bridge or causeway shall have been submitted to and approved by the Secretary of Transportation, or (2) the dam or dike shall have been submitted to and approved by the Chief of Engineers and Secretary of the Army. However, such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Secretary of Transportation or by the Chief of Engineers and Secretary of the Army before construction is commenced. When plans for any bridge or other structure have been approved by the Secretary of Transportation or by the Chief of Engineers and Secretary of the Army, it shall not be lawful to deviate from such plans either before or after completion of the structure unless modification of said plans has previously been submitted to and received the approval of the Secretary of Transportation or the Chief of Engineers and the Secretary of the Army. The approval required by this section of the location and plans or any modification of plans of any bridge or causeway does not apply to any bridge or causeway over waters that are not subject to the ebb and flow of the tide and that are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 9, 30 Stat. 1151; Oct. 15, 1982, Pub. L. 97-322, title I, Sec. 107(b), 96 Stat. 1582; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(f), 96 Stat. 2440.) -COD- CODIFICATION Section is from act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899', and together with section 403 of this title superseded act Sept. 19, 1890, ch. 907, Sec. 7, 26 Stat. 454, as amended by act July 13, 1892, ch. 158, Sec. 3, 27 Stat. 88, which prohibited the erection of obstructions to navigation, and prohibited the erection of bridges over navigable waters under State legislation before the approval of the plans by the Secretary of War, and prohibited the alteration of channels unless authorized by that Secretary. -MISC3- AMENDMENTS 1983 - Pub. L. 97-449 amended section generally to reflect transfer of certain functions, powers, and duties of Secretary of the Army under this section to Secretary of Transportation. See Transfer of Functions note below. 1982 - Pub. L. 97-322 inserted sentence at end relating to exemption. -TRANS- TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of Transportation related to compliance with permits for bridges across navigable waters issued under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, Sec. 102(c), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Functions, powers, and duties of Secretary of the Army (formerly War) and other offices and officers of Department of the Army (formerly War) under this section 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 this section to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -CROSS- CROSS REFERENCES Portion of west arm of South Fork of the South Branch of Chicago River in city of Chicago not to be subject to this section, see section 27 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 27, 59j-1, 59s, 59y, 59z, 59bb, 402, 406, 412, 413, 418, 530, 1293a of this title; title 23 section 144; title 42 section 1962d-11a. ------DocID 39856 Document 214 of 1330------ -CITE- 33 USC Sec. 402 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 402. Construction of bridges, etc., over Illinois and Mississippi Canal -STATUTE- The provisions of section 401 of this title are made applicable alike to the completed and uncompleted portions of the Illinois and Mississippi Canal. Whenever the Secretary of the Army shall approve plans for a bridge to be built across said canal he may, in his discretion, and subject to such terms and conditions as in his judgment are equitable, expedient, and just to the public, grant to the person or corporation building and owning such bridge a right of way across the lands of the United States on either side of and adjacent to the said canal; also the privilege of occupying so much of said lands as may be necessary for the piers, abutments, and other portions of the bridge structure and approaches. -SOURCE- (June 13, 1902, ch. 1079, Sec. 10, 32 Stat. 374; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from part of act June 13, 1902, popularly known as the 'Rivers and Harbors Appropriation Act of 1902'. -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). ------DocID 39857 Document 215 of 1330------ -CITE- 33 USC Sec. 403 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 403. Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in -STATUTE- The creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of the Army; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor or refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of the Army prior to beginning the same. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 10, 30 Stat. 1151; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'. -MISC3- PRIOR PROVISIONS Act Sept. 19, 1890, ch. 907, Sec. 10, 26 Stat. 454, was probably omitted from the Code as superseded by this section but it was held by the Circuit Court of Appeals in Wishkah Boom Co., Wash. 1905, 136 F. 42, 68 C.C.A. 592 (appeal dismissed (1906) 26 S. Ct. 765, 202 U.S. 613, 50 L. Ed. 1171), that it was not superseded so far as it related to the continuance of obstructions. It provided that: 'The creation of any obstruction, not affirmatively authorized by law, to the navigable capacity of any waters, in respect of which the United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks, and wharves, and similar structures erected for business purposes, whether heretofore or hereafter created, shall constitute an offense and each week's continuance of any such obstruction shall be deemed a separate offense. Every person and every corporation which shall be guilty of creating or continuing any such unlawful obstruction in this act mentioned, or who shall violate the provisions of the last four preceding sections of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court, the creating or continuing of any unlawful obstruction in this act mentioned may be prevented and such obstruction may be caused to be removed by the injunction of any circuit court (district court) exercising jurisdiction in any district in which such obstruction may be threatened or may exist; and proper proceedings in equity to this end may be instituted under the direction of the Attorney-General of the United States.' This section and section 9 of act Mar. 3, 1899 (section 401 of this title), superseded provisions of act Sept. 19, 1890, ch. 907, Sec. 7, 26 Stat. 454, as amended by act July 13, 1892, ch. 158, Sec. 3, 27 Stat. 110, which prohibited the erection of obstructions to navigation, and prohibited the erection of bridges over navigable waters under State legislation before the approval of the plans by the Secretary of War, and prohibited the alteration of channels unless authorized by said Secretary. -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 Enforcement functions of Secretary of the Army, Chief of Engineers, or other official in Corps of Engineers of the United States Army related to compliance with permits for structures in navigable waters issued under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, Sec. 102(b), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. 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). -CROSS- CROSS REFERENCES Bridges over navigable waters, see section 491 et seq. of this title. Expenses of investigations by Department of the Army, see section 417 of this title. Portion of west arm of South Fork of the South Branch of Chicago River in city of Chicago not to be subject to this section, see section 27 of this title. Secretary of the Army to make navigation rules for - Ambrose channel, see section 453 of this title. South and Southwest Passes of Mississippi River, see section 2 of this title. Violations as misdemeanors, see section 406 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 27, 59j-1, 59y, 59bb, 403b, 406, 412, 413, 418, 426p, 465, 1371, 1503, 2104, 2317 of this title. ------DocID 39858 Document 216 of 1330------ -CITE- 33 USC Sec. 403a -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 403a. Omitted -COD- CODIFICATION Section, acts Sept. 19, 1890, ch. 907, Sec. 10, 26 Stat. 454; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167, related to obstruction of navigable waters. See Prior Provisions note set out under section 403 of this title. ------DocID 39859 Document 217 of 1330------ -CITE- 33 USC Sec. 403b -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 403b. Lighting at docks and boat launching facilities -STATUTE- Whenever the Secretary considers a permit application for a dock or a boat launching facility under section 403 of this title, the Secretary shall consider the needs of such facility for lighting from sunset to sunrise to make such facility's presence known within a reasonable distance. -SOURCE- (Pub. L. 99-662, title IX, Sec. 946, Nov. 17, 1986, 100 Stat. 4200.) -CROSS- DEFINITIONS Secretary means the Secretary of the Army, see section 2201 of this title. ------DocID 39860 Document 218 of 1330------ -CITE- 33 USC Sec. 404 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 404. Establishment of harbor lines; conditions to grants for extension of piers, etc. -STATUTE- Where it is made manifest to the Secretary of the Army that the establishment of harbor lines is essential to the preservation and protection of harbors he may, and is, authorized to cause such lines to be established, beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made, except under such regulations as may be prescribed from time to time by him: Provided, That, whenever the Secretary of the Army grants to any person or persons permission to extend piers, wharves, bulkheads, or other works, or to make deposits in any tidal harbor or river of the United States beyond any harbor lines established under authority of the United States, he shall cause to be ascertained the amount of tidewater displaced by any such structure or by any such deposits, and he shall, if he deem it necessary, require the parties to whom the permission is given to make compensation for such displacement either by excavating in some part of the harbor, including tidewater channels between high and low water mark, to such an extent as to create a basin for as much tidewater as may be displaced by such structure or by such deposits, or in any other mode that may be satisfactory to him. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 11, 30 Stat. 1151; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'. -MISC3- PRIOR PROVISIONS This section and section 406 of this title, superseded act Aug. 11, 1888, ch. 860, Sec. 12, 25 Stat. 425, as amended by act Sept. 19, 1890, ch. 907, Sec. 12, 26 Stat. 455, which authorized the establishment of harbor lines, and prescribed a penalty for a violation of the section or any rule made in pursuance of it. Section also superseded act Aug. 18, 1894, ch. 299, Sec. 9, 28 Stat. 364, which contained provisions for compensation for tide water displaced similar to the proviso in this section. Act Aug. 5, 1886, ch. 929, Sec. 2, 24 Stat. 329, which was probably omitted from the Code as superseded by this section, provided that: 'In places where harbor-lines have not been established, and where deposits of debris of mines or stamp works can be made without injury to navigation, within lines to be established by the Secretary of War, said officer may, and is hereby authorized to, cause such lines to be established; and within such lines such deposits may be made, under regulations to be from time to time prescribed by him.' -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). -CROSS- CROSS REFERENCES Modification and extension of harbor lines, see section 422 of this title. Pierhead and bulkhead lines, establishment, see sections 423 and 424 of this title. Potomac and Anacostia Rivers, applicability to, see section 405 of this title. Violations as misdemeanors, see section 406 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 405, 406, 412, 413, 418 of this title. ------DocID 39861 Document 219 of 1330------ -CITE- 33 USC Sec. 405 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 405. Establishment and modification of harbor lines on Potomac and Anacostia Rivers -STATUTE- The provisions of section 404 of this title are made applicable to the Potomac and Anacostia Rivers, and after July 25, 1912, harbor lines in the District of Columbia, or elsewhere on said rivers, shall be established or modified as therein provided. -SOURCE- (July 25, 1912, ch. 253, Sec. 1, 37 Stat. 206.) -COD- CODIFICATION Section is from part of section 1 of act July 25, 1912, popularly known as the 'Rivers and Harbors Appropriation Act of 1912'. ------DocID 39862 Document 220 of 1330------ -CITE- 33 USC Sec. 406 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 406. Penalty for wrongful construction of bridges, piers, etc.; removal of structures -STATUTE- Every person and every corporation that shall violate any of the provisions of sections 401, 403, and 404 of this title or any rule or regulation made by the Secretary of the Army in pursuance of the provisions of section 404 of this title shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $2,500 nor less than $500, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court. And further, the removal of any structures or parts of structures erected in violation of the provisions of the said sections may be enforced by the injunction of any district court exercising jurisdiction in any district in which such structures may exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 12, 30 Stat. 1151; Feb. 20, 1900, ch. 23, Sec. 2, 31 Stat. 32; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'. -MISC3- AMENDMENTS 1911 - Act Mar. 3, 1911, transferred to the District Courts the enforcement powers formerly lodged in the Circuit Courts. 1900 - Act Feb. 20, 1900, substituted 'section eleven' for 'section fourteen' where first appearing, which for codification purposes, was translated as 'section 404 of this title'. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 412, 413, 418 of this title. ------DocID 39863 Document 221 of 1330------ -CITE- 33 USC Sec. 407 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 407. Deposit of refuse in navigable waters generally -STATUTE- It shall not be lawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed: Provided, That nothing herein contained shall extend to, apply to, or prohibit the operations in connection with the improvement of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvement or public work: And provided further, That the Secretary of the Army, whenever in the judgment of the Chief of Engineers anchorage and navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly complied with, and any violation thereof shall be unlawful. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 13, 30 Stat. 1152; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'. -MISC3- PRIOR PROVISIONS This section and sections 408, 411, and 412 of this title, superseded act Aug. 18, 1894, ch. 299, Sec. 6, 7, 8, 28 Stat. 363, which prohibited the depositing of refuse in navigable waters for the improvement of which money had been appropriated, and the injury to sea walls and other works built by the Government, and prescribed penalties for violations, including penalties against masters, etc., and vessels. Section also superseded act Sept. 19, 1890, ch. 907, Sec. 6, 26 Stat. 453, which prohibited obstructing navigation by deposits of refuse, etc., in navigable waters. -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. -MISC4- SHORT TITLE This section is popularly known as the 'Refuse Act of 1899'. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -MISC5- TERMINATION OF DISCHARGE PERMIT PROGRAM No permits for discharges into navigable waters to be issued under this section after Oct. 18, 1972, and the discharge permit program to be carried out instead under section 1342 of this title, with applications under this section pending on Oct. 18, 1972, to be deemed applications for permits under section 1342, see section 1342 of this title. -EXEC- EXECUTIVE ORDER NO. 11574 Ex. Ord. No. 11574, Dec. 23, 1970, 35 F.R. 19627, which provided for administration of a permit program to regulate discharge of pollutants and other refuse matter into navigable waters or their tributaries and placement of such matter on their banks, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. -CROSS- CROSS REFERENCES Flood control of Mississippi River, section as applicable, see section 702i of this title. Regulations governing dumping into navigable waters - Generally, see section 419 of this title. Lake Michigan, see section 421 of this title. New York Harbor, see sections 441 to 451 and 454 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 411, 412, 413, 418, 419, 702i of this title; title 30 section 1292. ------DocID 39864 Document 222 of 1330------ -CITE- 33 USC Sec. 407a -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 407a. Deposit of debris of mines and stamp works -STATUTE- In places where harbor-lines have not been established, and where deposits of debris of mines or stamp works can be made without injury to navigation, within lines to be established by the Secretary of the Army, said officer may, and is authorized to, cause such lines to be established; and within such lines such deposits may be made, under regulations to be from time to time prescribed by him. -SOURCE- (Aug. 5, 1886, ch. 929, Sec. 2, 24 Stat. 329; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -CROSS- CROSS REFERENCES Permission by Secretary of the Army for deposit of refuse matter within limits to be defined and under conditions to be prescribed by him, see section 407 of this title. ------DocID 39865 Document 223 of 1330------ -CITE- 33 USC Sec. 408 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 408. Taking possession of, use of, or injury to harbor or river improvements -STATUTE- It shall not be lawful for any person or persons to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preservation and improvement of any of its navigable waters or to prevent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material composing such works: Provided, That the Secretary of the Army may, on the recommendation of the Chief of Engineers, grant permission for the temporary occupation or use of any of the aforementioned public works when in his judgment such occupation or use will not be injurious to the public interest: Provided further, That the Secretary may, on the recommendation of the Chief of Engineers, grant permission for the alteration or permanent occupation or use of any of the aforementioned public works when in the judgment of the Secretary such occupation or use will not be injurious to the public interest and will not impair the usefulness of such work. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 14, 30 Stat. 1152; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Aug. 15, 1985, Pub. L. 99-88, title I, Sec. 100, 99 Stat. 315.) -COD- CODIFICATION Section is from act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'. -MISC3- PRIOR PROVISIONS Section superseded act Sept. 19, 1890, ch. 907, Sec. 9, 26 Stat. 426, which prohibited persons taking possession of or using or injuring government works in navigable waters. Act Aug. 14, 1876, ch. 267, Sec. 3, 19 Stat. 139, penalizing persons injuring any pier breakwater, or other work of the United States for the improvement of rivers or harbors or navigation, was probably omitted from the Code as superseded by this section. AMENDMENTS 1985 - Pub. L. 99-88 inserted further proviso empowering Secretary, on recommendation of Chief of Engineers, to grant permission for alteration or permanent occupation or use of any of public works mentioned in this section when in judgment of Secretary such occupation or use will not be injurious to public interest and will not impair usefulness of such work. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -CROSS- CROSS REFERENCES Flood control of Mississippi River, section as applicable, see section 702i of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 411, 412, 413, 418, 702i of this title. ------DocID 39866 Document 224 of 1330------ -CITE- 33 USC Sec. 409 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 409. Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels -STATUTE- It shall not be lawful to tie up or anchor vessels or other craft in navigable channels in such a manner as to prevent or obstruct the passage of other vessels or craft; or to sink, or permit or cause to be sunk, vessels or other craft in navigable channels; or to float loose timber and logs, or to float what is known as 'sack rafts of timber and logs' in streams or channels actually navigated by steamboats in such manner as to obstruct, impede, or endanger navigation. And whenever a vessel, raft or other craft is wrecked and sunk in a navigable channel, it shall be the duty of the owner, lessee, or operator of such sunken craft to immediately mark it with a buoy or beacon during the day and a lighted lantern at night, and to maintain such marks until the sunken craft is removed or abandoned, and the neglect or failure of the said owner, lessee, or operator so to do shall be unlawful; and it shall be the duty of the owner, lessee, or operator of such sunken craft to commence the immediate removal of the same, and prosecute such removal diligently, and failure to do so shall be considered as an abandonment of such craft, and subject the same to removal by the United States as provided for in sections 411 to 416, 418, and 502 of this title. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 15, 30 Stat. 1152; Nov. 17, 1986, Pub. L. 99-662, title IX, Sec. 939(a), 100 Stat. 4199.) -COD- CODIFICATION Section is from act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'. -MISC3- AMENDMENTS 1986 - Pub. L. 99-662 substituted 'or to sink' for 'or to voluntarily or carelessly sink', struck out 'accidentally or otherwise,' after 'navigable channel,', and inserted ', lessee, or operator' after 'owner' in three places. -CROSS- CROSS REFERENCES Marking of obstructions, see section 86 of Title 14, Coast Guard. Sunken craft, see section 86 of Title 14. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 410, 411, 412, 413, 418 of this title. ------DocID 39867 Document 225 of 1330------ -CITE- 33 USC Sec. 410 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 410. Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty -STATUTE- The prohibition contained in section 409 of this title against floating loose timber and logs, or sack rafts, so called, of timber and logs in streams or channels actually navigated by steamboats, shall not apply to any navigable river or waterway of the United States or any part thereof whereon the floating of loose timber and logs and sack rafts of timber and logs is the principal method of navigation. But such method of navigation on such river or waterway or part thereof shall be subject to the rules and regulations prescribed by the Secretary of the Army as provided in this section. The Secretary of the Army shall have power, and he is authorized and directed to prescribe rules and regulations, which he may at any time modify, to govern and regulate the floating of loose timber and logs, and sack rafts, (so called) of timber and logs and other methods of navigation on the streams and waterways, or any thereof, of the character, as to navigation, heretofore in this section described. The said rules and regulations shall be so framed as to equitably adjust conflicting interests between the different methods or forms of navigation; and the said rules and regulations shall be published at least once in such newspaper or newspapers of general circulation as in the opinion of the Secretary of the Army shall be best adapted to give notice of said rules and regulations to persons affected thereby and locally interested therein. And all modifications of said rules and regulations shall be similarly published. And such rules and regulations when so prescribed and published as to any such stream or waterway shall have the force of law, and any violation thereof shall be a misdemeanor, and every person convicted of such violation shall be punished by a fine of not exceeding $2,500 nor less than $500, or by imprisonment (in case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That the proper action to enforce the provisions of this section may be commenced before any magistrate judge, judge, or court of the United States, and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in the case of crimes or misdemeanors committed against the United States. The right to alter, amend, or repeal this section at any time is reserved. -SOURCE- (May 9, 1900, ch. 387, Sec. 1-3, 31 Stat. 172; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Oct. 17, 1968, Pub. L. 90-578, title IV, Sec. 402(b)(2), 82 Stat. 1118; Dec. 1, 1990, Pub. L. 101-650, title III, Sec. 321, 104 Stat. 5117.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. 'Magistrate judge' substituted in text for 'magistrate' pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, 'magistrate' was substituted for 'commissioner' pursuant to Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of Title 28. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). ------DocID 39868 Document 226 of 1330------ -CITE- 33 USC Sec. 411 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 411. Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and obstruction of navigable waters generally -STATUTE- Every person and every corporation that shall violate, or that shall knowingly aid, abet, authorize, or instigate a violation of the provisions of sections 407, 408, and 409 of this title shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $2,500 nor less than $500, or by imprisonment (in the case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 16, 30 Stat. 1153.) -COD- CODIFICATION Section is from part of section 16 of act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'. The balance of such section, relating to liability of masters, pilots, and so forth and of vessels engaged in violations, is classified to section 412 of this title. -CROSS- CROSS REFERENCES Flood control of the Mississippi River, section as applicable, see section 702i of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 409, 412, 413, 418, 419, 702i of this title. ------DocID 39869 Document 227 of 1330------ -CITE- 33 USC Sec. 412 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 412. Liability of masters, pilots, etc., and of vessels engaged in violations -STATUTE- Any and every master, pilot, and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded with any material specified in section 407 of this title to any point or place of deposit or discharge in any harbor or navigable water, elsewhere than within the limits defined and permitted by the Secretary of the Army, or who shall willfully injure or destroy any work of the United States contemplated in section 408 of this title, or who shall willfully obstruct the channel of any waterway in the manner contemplated in section 409 of this title, shall be deemed guilty of a violation of this Act, and shall upon conviction be punished as provided in section 411 of this title, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. And any boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections 407, 408, and 409 of this title shall be liable for the pecuniary penalties specified in section 411 of this title, and in addition thereto for the amount of the damages done by said boat, vessel, scow, raft, or other craft, which latter sum shall be placed to the credit of the appropriation for the improvement of the harbor or waterway in which the damage occurred, and said boat, vessel, scow, raft, or other craft may be proceeded against summarily by way of libel in any district court of the United States having jurisdiction thereof. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 16, 30 Stat. 1153; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act Mar. 3, 1899, ch. 425, 30 Stat. 1148, as amended, popularly known as the Rivers and Harbors Appropriation Act of 1899, which enacted sections 401, 403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and 687 of this title, and amended section 686 of this title. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section is from part of section 16 of act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'. The balance of such section, relating to penalties for the wrongful deposit of refuse, is classified to section 411 of this title. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Flood control of the Mississippi River, section as applicable, see section 702i of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 409, 419, 702i of this title. ------DocID 39870 Document 228 of 1330------ -CITE- 33 USC Sec. 413 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 413. Duty of United States attorneys and other Federal officers in enforcement of provisions; arrest of offenders -STATUTE- The Department of Justice shall conduct the legal proceedings necessary to enforce the provisions of sections 401, 403, 404, 406, 407, 408, 409, 411, and 412 of this title; and it shall be the duty of United States attorneys to vigorously prosecute all offenders against the same whenever requested to do so by the Secretary of the Army or by any of the officials hereinafter designated, and it shall furthermore be the duty of said United States attorneys to report to the Attorney General of the United States the action taken by him against offenders so reported, and a transcript of such reports shall be transmitted to the Secretary of the Army by the Attorney General; and for the better enforcement of the said provisions and to facilitate the detection and bringing to punishment of such offenders, the officers and agents of the United States in charge of river and harbor improvements, and the assistant engineers and inspectors employed under them by authority of the Secretary of the Army, and the United States collectors of customs and other revenue officers shall have power and authority to swear out process, and to arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by the said sections, or who may violate any of the provisions of the same: Provided, That no person shall be arrested without process for any offense not committed in the presence of some one of the aforesaid officials: And provided further, That whenever any arrest is made under such sections, the person so arrested shall be brought forthwith before a magistrate judge, judge, or court of the United States for examination of the offenses alleged against him; and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 17, 30 Stat. 1153; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909; Oct. 17, 1968, Pub. L. 90-578, title IV, Sec. 402(b)(2), 82 Stat. 1118; Dec. 1, 1990, Pub. L. 101-650, title III, Sec. 321, 104 Stat. 5117.) -COD- CODIFICATION Section is from act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'. -MISC3- PRIOR PROVISIONS Act Sept. 19, 1890, ch. 907, Sec. 11, 26 Stat. 455, was probably omitted from the Code as superseded by this section, or as rendered obsolete by act March 3, 1899, different sections of which superseded provisions of the act of 1890, the enforcement of which was provided for by section 11. It read as follows: 'It shall be the duty of officers and agents having the supervision, on the part of the United States, of the works in progress for the preservation and improvement of said navigable waters, and, in their absence, of the United States collectors of customs and other revenue officers to enforce the provisions of this act by giving information to the district attorney of the United States for the district in which any violation of any provision of this act shall have been committed: Provided, That the provisions of this act shall not apply to Torch Lake, Houghton County, Michigan.' -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted 'United States attorneys' for 'district attorneys of the United States' and 'district attorneys'. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes set out thereunder. Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. 'Magistrate judge' substituted in text for 'magistrate' pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, 'magistrate' was substituted for 'commissioner' pursuant to Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of Title 28. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments required to be made by President with advice and consent of Senate were ordered abolished with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of the offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. -CROSS- CROSS REFERENCES Flood control of the Mississippi River, section as applicable, see section 702i of this title. Regulations prescribed by the Secretary of the Army, see sections 1, 419, and 499 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1, 409, 412, 418, 419, 499, 702i of this title. ------DocID 39871 Document 229 of 1330------ -CITE- 33 USC Sec. 414 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 414. Removal by Secretary of the Army of sunken water craft generally; liability of owner, lessee, or operator -STATUTE- (a) Whenever the navigation of any river, lake, harbor, sound, bay, canal, or other navigable waters of the United States shall be obstructed or endangered by any sunken vessel, boat, water craft, raft, or other similar obstruction, and such obstruction has existed for a longer period than thirty days, or whenever the abandonment of such obstruction can be legally established in a less space of time, the sunken vessel, boat, water craft, raft, or other obstruction shall be subject to be broken up, removed, sold, or otherwise disposed of by the Secretary of the Army at his discretion, without liability for any damage to the owners of the same: Provided, That in his discretion, the Secretary of the Army may cause reasonable notice of such obstruction of not less than thirty days, unless the legal abandonment of the obstruction can be established in a less time, to be given by publication, addressed 'To whom it may concern,' in a newspaper published nearest to the locality of the obstruction, requiring the removal thereof: And provided also, That the Secretary of the Army may, in his discretion, at or after the time of giving such notice, cause sealed proposals to be solicited by public advertisement, giving reasonable notice of not less than ten days, for the removal of such obstruction as soon as possible after the expiration of the above specified thirty days' notice, in case it has not in the meantime been so removed, these proposals and contracts, at his discretion, to be conditioned that such vessel, boat, water craft, raft, or other obstruction, and all cargo and property contained therein, shall become the property of the contractor, and the contract shall be awarded to the bidder making the proposition most advantageous to the United States: Provided, That such bidder shall give satisfactory security to execute the work: Provided further, That any money received from the sale of any such wreck, or from any contractor for the removal of wrecks, under this paragraph shall be covered into the Treasury of the United States. (b) The owner, lessee, or operator of such vessel, boat, watercraft, raft, or other obstruction as described in this section shall be liable to the United States for the cost of removal or destruction and disposal as described which exceeds the costs recovered under subsection (a) of this section. Any amount recovered from the owner, lessee, or operator of such vessel pursuant to this subsection to recover costs in excess of the proceeds from the sale or disposition of such vessel shall be deposited in the general fund of the Treasury of the United States. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 19, 30 Stat. 1154; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Nov. 17, 1986, Pub. L. 99-662, title IX, Sec. 939(b), 100 Stat. 4199.) -COD- CODIFICATION Section is from act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'. -MISC3- PRIOR PROVISIONS Section superseded act June 14, 1880, ch. 211, Sec. 4, 21 Stat. 197, and act Aug. 2, 1882, ch. 375, 22 Stat. 208, which required the Secretary of War to give notice to the persons interested in wrecks obstructing navigation of the purpose of the Secretary to remove the same unless such parties should do so, and authorized the Secretary to remove the same on the failure of the parties interested to do so, and to sell the same to the highest bidder, and also authorized the Secretary to dispose of any sunken vessel or cargo before removal. Section also superseded at Sept. 19, 1890, ch. 907, Sec. 8, 26 Stat. 454, which authorized the Secretary of War to remove wrecks remaining for more than two months. AMENDMENTS 1986 - Pub. L. 99-662 designated existing provision as subsec. (a) and added subsec. (b). -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40 (App. A(57)), July 22, 1949. -CROSS- CROSS REFERENCES Marking of obstructions, see section 86 of Title 14, Coast Guard. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 409, 412, 415, 416, 418 of this title; title 43 section 2105. ------DocID 39872 Document 230 of 1330------ -CITE- 33 USC Sec. 415 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 415. Summary removal of water craft obstructing navigation; liability of owner, lessee, or operator -STATUTE- (a) Under emergency, in the case of any vessel, boat, water craft, or raft, or other similar obstruction, sinking of grounding, or being unnecessarily delayed in any Government canal or lock, or in any navigable waters mentioned in section 414 of this title, in such manner as to stop, seriously interfere with, or specially endanger navigation, in the opinion of the Secretary of the Army, or any agent of the United States to whom the Secretary may delegate proper authority, the Secretary of the Army or any such agent shall have the right to take immediate possession of such boat, vessel, or other water craft, or raft, so far as to remove or to destroy it and to clear immediately the canal, lock, or navigable waters aforesaid of the obstruction thereby caused, using his best judgment to prevent any unnecessary injury; and no one shall interfere with or prevent such removal or destruction: Provided, That the officer or agent charged with the removal or destruction of an obstruction under this section may in his discretion give notice in writing to the owners of any such obstruction requiring them to remove it: And provided further, That the expense of removing any such obstruction as aforesaid shall be a charge against such craft and cargo; and if the owners thereof fail or refuse to reimburse the United States for such expense within thirty days after notification, then the officer or agent aforesaid may sell the craft or cargo, or any part thereof that may not have been destroyed in removal, and the proceeds of such sale shall be covered into the Treasury of the United States. (b) The owner, lessee, or operator of such vessel, boat, watercraft, raft, or other obstruction as described in this section shall be liable to the United States for the cost of removal or destruction and disposal as described which exceeds the costs recovered under subsection (a) of this section. Any amount recovered from the owner, lessee, or operator of such vessel pursuant to this subsection to recover costs in excess of the proceeds from the sale or disposition of such vessel shall be deposited in the general fund of the Treasury of the United States. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 20, 30 Stat. 1154; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Nov. 17, 1986, Pub. L. 99-662, title IX, Sec. 939(b), 100 Stat. 4199.) -COD- CODIFICATION Section is from part of section 20 of act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'. Another part of that section, appropriating money necessary to execute its provisions, is classified to section 416 of this title. Section 20 of act Mar. 3, 1899, also contained a repealing clause with a proviso saving pending actions and rights of actions. It was amended by act Feb. 20, 1900, ch. 23, Sec. 3, 31 Stat. 32, and again amended by act June 13, 1902, ch. 1079, Sec. 12, 32 Stat. 375, by adding another proviso which is classified to section 418 of this title. -MISC3- AMENDMENTS 1986 - Pub. L. 99-662 designated existing provision as subsec. (a) and added subsec. (b). -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40 (App. A(57)), July 22, 1949. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 409, 412, 416, 418 of this title; title 43 section 2105. ------DocID 39873 Document 231 of 1330------ -CITE- 33 USC Sec. 416 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 416. Appropriations for removal of sunken water craft -STATUTE- Such sum of money as may be necessary to execute sections 414 and 415 of this title is hereby appropriated out of any money in the Treasury not otherwise appropriated, to be paid out on the requisition of the Secretary of the Army. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 20, 30 Stat. 1155; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from part of section 20 of act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'. See Codification note set out under section 415 of this title. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -MISC4- APPROPRIATIONS Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation under the title 'Removing sunken vessels or craft obstructing or endangering navigation (8x888)' effective July 1, 1935, and provided that such portions of any acts as make permanent appropriations to be expended under such account are amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as now provided by the laws providing such permanent appropriations. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 409, 412, 418 of this title. ------DocID 39874 Document 232 of 1330------ -CITE- 33 USC Sec. 417 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 417. Expenses of investigations by Department of the Army -STATUTE- Expenses incurred by the Engineer Department of the Department of the Army in all investigations, inspections, hearings, reports, service of notice, or other action incidental to examination of plans or sites of bridges or other structures built or proposed to be built in or over navigable waters, or to examinations into alleged violations of laws for the protection and preservation of navigable waters, or to the establishment or marking of harbor lines, shall be payable from any funds which may be available for the improvement, maintenance, operation, or care of the waterways or harbors affected, or if such funds are not available in sums judged by the Chief of Engineers to be adequate, then from any funds available for examinations, surveys, and contingencies of rivers and harbors. -SOURCE- (Mar. 3, 1905, ch. 1482, Sec. 6, 33 Stat. 1148; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). ------DocID 39875 Document 233 of 1330------ -CITE- 33 USC Sec. 418 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 418. Provisions for protection of New York Harbor unaffected -STATUTE- Nothing contained in sections 401, 403, 404, 406, 407, 408, 409, 411 to 416, and 502 of this title shall be construed as repealing, modifying, or in any manner affecting the provisions of subchapter III of this chapter. -SOURCE- (Mar. 3, 1899, ch. 425 Sec. 20, 30 Stat. 1154; Feb. 20, 1900, ch. 23, Sec. 3, 31 Stat. 32; June 13, 1902, ch. 1079, Sec. 12, 32 Stat. 375.) -REFTEXT- REFERENCES IN TEXT Subchapter III (Sec. 441 et seq.) of this chapter, referred to in text, was in the original a reference to the Act of June 29, 1888, as amended by section 3 of the river and harbor Act of August 18, 1894. -COD- CODIFICATION Section is from part of section 20 of act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'. See Codification note set out under section 415 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 409, 412 of this title. ------DocID 39876 Document 234 of 1330------ -CITE- 33 USC Sec. 419 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 419. Regulation by Secretary governing transportation and dumping of dredgings, refuse, etc., into navigable waters; oyster lands; appropriations -STATUTE- The Secretary of the Army is authorized and empowered to prescribe regulations to govern the transportation and dumping into any navigable water, or waters adjacent thereto, of dredgings, earth, garbage, and other refuse materials of every kind or description, whenever in his judgment such regulations are required in the interest of navigation. Such regulations shall be posted in conspicuous and appropriate places for the information of the public; and every person or corporation which shall violate the said regulations, or any of them, shall be deemed guilty of a misdemeanor and shall be subject to the penalties prescribed in sections 411 and 412 of this title, for violation of the provisions of section 407 of this title: Provided, That any regulations made in pursuance hereof may be enforced as provided in section 413 of this title, the provisions whereof are made applicable to the said regulations: Provided further, That this section shall not apply to any waters within the jurisdictional boundaries of any State which are now or may hereafter be used for the cultivation of oysters under the laws of such State, except navigable channels which have been or may hereafter be improved by the United States, or to be designated as navigable channels by competent authority, and in making such improvements of channels, the material dredged shall not be deposited upon any ground in use in accordance with the laws of such State for the cultivation of oysters, except in compliance with said laws: And provided further, That any expense necessary in executing this section may be paid from funds available for the improvement of the harbor or waterway, for which regulations may be prescribed, and in case no such funds are available the said expense may be paid from appropriations made by Congress for examinations, surveys, and contingencies of rivers and harbors. -SOURCE- (Mar. 3, 1905, ch. 1482, Sec. 4, 33 Stat. 1147; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). ------DocID 39877 Document 235 of 1330------ -CITE- 33 USC Sec. 419a -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 419a. Management practices to extend capacity and useful life of dredged material disposal areas -STATUTE- The Secretary of the Army, acting through the Chief of Engineers, shall utilize and encourage the utilization of such management practices as he determines appropriate to extend the capacity and useful life of dredged material disposal areas such that the need for new dredged material disposal areas is kept to a minimum. Management practices authorized by this section shall include, but not be limited to, the construction of dikes, consolidation and dewatering of dredged material, and construction of drainage and outflow facilities. -SOURCE- (Pub. L. 94-587, Sec. 148, Oct. 22, 1976, 90 Stat. 2931.) ------DocID 39878 Document 236 of 1330------ -CITE- 33 USC Sec. 420 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 420. Piers and cribs on Mississippi and St. Croix Rivers -STATUTE- The owners of sawmills on the Mississippi River and the Saint Croix River in the States of Wisconsin and Minnesota are authorized and empowered under the direction of the Secretary of the Army, to construct piers or cribs in front of their mill property on the banks of the river, for the protection of their mills and rafts against damage by floods and ice: Provided, however, That the piers or cribs so constructed shall not interfere with or obstruct the navigation of the river. And in case any pier or crib constructed under authority of this section shall at any time, and for any cause, be found to obstruct the navigation of the river, the Government expressly reserves the right to remove or direct the removal of it, at the cost and expense of the owners thereof. -SOURCE- (R.S. Sec. 5254; May 1, 1882, ch. 112, 22 Stat. 52; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION R.S. Sec. 5254 derived from act Mar. 3, 1873, ch. 278, 17 Stat. 606. -MISC3- AMENDMENTS 1882 - Act May 1, 1882, inserted reference to Saint Croix River in the States of Wisconsin and Minnesota. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). ------DocID 39879 Document 237 of 1330------ -CITE- 33 USC Sec. 421 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 421. Deposit of refuse, etc., in Lake Michigan near Chicago -STATUTE- It shall not be lawful to throw, discharge, dump, or deposit, or cause, suffer, or procure, to be thrown, discharged, dumped, or deposited, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into Lake Michigan, at any point opposite or in front of the county of Cook, in the State of Illinois, or the county of Lake in the State of Indiana, within eight miles from the shore of said lake, unless said material shall be placed inside of a breakwater so arranged as not to permit the escape of such refuse material into the body of the lake and cause contamination thereof; and no officer of the Government shall dump or cause or authorize to be dumped any material contrary to the provisions of this section: Provided, however, That the provisions of this section shall not apply to work in connection with the construction, repair, and protection of breakwaters and other structures built in aid of navigation, or for the purpose of obtaining water supply. Any person violating any provision of this section shall be guilty of a misdemeanor, and on conviction thereof shall be fined for each offense not exceeding $1,000. -SOURCE- (June 23, 1910, ch. 359, 36 Stat. 593.) -COD- CODIFICATION Section is from act June 23, 1910, popularly known as the 'Rivers and Harbors Act of 1910'. -CROSS- CROSS REFERENCES Discharges of pollutants into the navigable waters subject to this section to be regulated pursuant to Federal Water Pollution Control Act except as to effect on navigation and anchorage, see section 1371 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1371 of this title. ------DocID 39880 Document 238 of 1330------ -CITE- 33 USC Sec. 422 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 422. Modification and extension of harbor lines at Chicago -STATUTE- The Secretary of the Army is authorized, in his discretion, to modify and extend harbor lines in front of the city of Chicago in such manner as to permit park extension work which may be desired by the municipal authorities, including the changing and widening of the southern entrance to the Chicago Harbor. -SOURCE- (Aug. 26, 1912, ch. 408, Sec. 5, 37 Stat. 626; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act Aug. 26, 1912, popularly known as the 'Deficiency Appropriation Act for 1912'. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). ------DocID 39881 Document 239 of 1330------ -CITE- 33 USC Sec. 423 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 423. Establishment of pierhead and bulkhead lines in Wilmington Harbor, California -STATUTE- The Secretary of the Army is authorized to fix and establish pierhead and bulkhead lines, either or both, in the inner harbor of San Pedro, otherwise known as Wilmington Harbor, California, beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made except under such regulations as shall be prescribed from time to time by the Secretary of the Army. -SOURCE- (Mar. 26, 1908, No. 14, 35 Stat. 569; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -CROSS- CROSS REFERENCES Establishment of harbor lines generally, see section 404 of this title. ------DocID 39882 Document 240 of 1330------ -CITE- 33 USC Sec. 424 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 424. Establishment of pierhead or bulkhead lines in Newport Harbor, California -STATUTE- The Secretary of the Army is authorized and directed to fix and establish pierhead and bulkhead lines, either or both, at Newport Harbor, California, in accordance with plan dated United States Engineer Office, Los Angeles, California, March 25, 1913, and entitled 'Newport Bay, California', showing harbor lines, beyond which no piers, wharfs, bulkheads, or other works shall be extended or deposit made, except under such regulations as shall be prescribed from time to time by the Secretary of the Army. -SOURCE- (July 27, 1916, ch. 260, Sec. 3, 39 Stat. 411; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act July 27, 1916, popularly known as the 'Rivers and Harbors Appropriation Act of 1916'. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 424a of this title. ------DocID 39883 Document 241 of 1330------ -CITE- 33 USC Sec. 424a -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 424a. Modification of harbor lines in Newport Harbor, California -STATUTE- The Secretary of the Army is authorized to modify from time to time, the harbor lines at Newport Harbor, California, established in pursuance of section 424 of this title: Provided, That in his opinion such modification will not injuriously affect the interests of navigation. -SOURCE- (Mar. 3, 1925, ch. 467, Sec. 10, 43 Stat. 1197; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). ------DocID 39884 Document 242 of 1330------ -CITE- 33 USC Sec. 425 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 425. Omitted -COD- CODIFICATION Section, act June 7, 1924, ch. 316, Sec. 9, 43 Stat. 606, directed Secretary of War to investigate depositing of polluting substances into navigable streams and report the results to Congress not later than two years from June 7, 1924. ------DocID 39885 Document 243 of 1330------ -CITE- 33 USC Sec. 426 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426. Investigations concerning erosion of shores of coastal and lake waters -STATUTE- The Chief of Engineers of the United States Army, under the direction of the Secretary of the Army, is authorized and directed to cause investigations and studies to be made in cooperation with the appropriate agencies of the various States on the Atlantic, Pacific, and gulf coasts and on the Great Lakes, and of the States of Alaska and Hawaii, the Commonwealth of Puerto Rico, and the possessions of the United States, with a view to devising effective means of preventing erosion of the shores of coastal and lake waters by waves and currents; and any expenses incident and necessary thereto may be paid from funds appropriated for General Investigations, Civil Functions, Department of the Army: Provided, That the Department of the Army may release to the appropriate cooperating agencies information obtained by these investigations and studies prior to the formal transmission of reports to Congress: Provided further, That no money shall be expended under authority of this section in any State which does not provide for cooperation with the agents of the United States and contribute to the project such funds or services as the Secretary of the Army may deem appropriate and require; that there shall be organized under the Chief of Engineers, United States Army, a Board of seven members, of whom four shall be officers of the Corps of Engineers and three shall be civilian engineers selected by the Chief of Engineers with regard to their special fitness in the field of beach erosion and shore protection. The Board will furnish such technical assistance as may be directed by the Chief of Engineers in the conduct of such studies as may be undertaken and will review the reports of the investigations made. In the consideration of such studies as may be referred to the Board by the Chief of Engineers, the Board shall, when it considers it necessary and with the sanction of the Chief of Engineers, make, as a board or through its members, personal examination of localities under investigation: Provided further, That the civilian members of the Board may be paid at rates not to exceed $100 a day for each day of attendance at Board meetings, not to exceed thirty days per annum, in addition to the traveling and other necessary expenses connected with their duties on the Board in accordance with the provisions of section 5703 of title 5. -SOURCE- (July 3, 1930, ch. 847, Sec. 2, 46 Stat. 945; July 14, 1960, Pub. L. 86-645, title I, Sec. 103, 74 Stat. 484.) -REFTEXT- REFERENCES IN TEXT The Board, referred to in text, means the Beach Erosion Board, which was abolished by Pub. L. 88-172, Sec. 1, Nov. 7, 1963, 77 Stat. 304. See note set out below. -COD- CODIFICATION 'Section 5703 of title 5' substituted in text for 'section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b-2)', on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1960 - Pub. L. 86-645, among other changes, substituted provisions requiring the three civilian members of the Board to be civilian engineers selected by the Chief of Engineers with regard to their special fitness in the field of beach erosion and shore protection for provisions which required the civilian members to be selected with regard to their special fitness from among the State agencies cooperating with the Department of the Army, and provisions authorizing payment of civilian members at rates not to exceed $100 a day, for not more than 30 days per annum, for provisions which required the States to pay the salaries of the civilian members. -TRANS- ABOLITION OF BEACH EROSION BOARD Pub. L. 88-172, Sec. 1, Nov. 7, 1963, 77 Stat. 304, provided in part: 'That the Board established by section 2 of the River and Harbor Act approved July 3, 1930, as amended (33 U.S.C. 426), referred to as the Beach Erosion Board, is hereby abolished.' For the transfer of functions of the Beach Erosion Board to the Coastal Engineering Research Center and the Board of Engineers for Rivers and Harbors, see sections 426-1 and 426-3 of this title. -MISC5- GREAT LAKES LEVELS STUDY Pub. L. 99-662, title VII, Sec. 706, Nov. 17, 1986, 100 Stat. 4158, provided that: '(a) The Secretary (meaning Secretary of the Army, see 33 U.S.C. 2201), in cooperation with the National Oceanic and Atmospheric Administration, the Federal Emergency Management Agency, the International Joint Commission, and other appropriate Federal, State, and local agencies and the private sector, is authorized to conduct a study of shoreline protection and beach erosion control policy and related projects of the Secretary, in view of the current situation and long-term expected increases in the levels of the Great Lakes. Such study shall include, but is not limited to - '(1) a study to determine the magnitude and extent of current and expected future shoreline erosion on the Great Lakes and connecting channels occurring as a result of high water levels. The study shall examine the impacts of the long-term cold weather cycle on lake levels and shoreline damage. The study shall also examine the relationship of shoreline damage to the regulation of outflows from Lake Superior and Lake Erie in accordance with approved regulation plans of the International Joint Commission; '(2) an economic and hydrologic analysis to determine whether changes in the inflows and outflows of the existing structures may be desirable to reduce shoreline damages, and whether further regulation of the outflow of Lake Erie may be warranted to achieve better regulation of the water levels of the Great Lakes; '(3) a summary of the legal and institutional impacts of rising lake levels on riparian lands; and '(4) recommendations for new or additional criteria for Federal participation in shoreline protection projects along the Great Lakes and connecting channels. '(b) Within three years after the date of enactment of this Act (Nov. 17, 1986), the Secretary shall transmit the studies prepared pursuant to subsection (a) of this section, together with supporting documentation and the recommendations of the Secretary, to the Committee on Environment and Public Works of the Senate and Committee on Public Works and Transportation of the House of Representatives. '(c) For the purposes of this section, there is authorized to be appropriated to the Secretary for the fiscal year ending September 30, 1987, or thereafter, the sum of $3,000,000, such sum to remain available until expended.' STUDY OF RISING OCEANS Pub. L. 99-662, title VII, Sec. 731, Nov. 17, 1986, 100 Stat. 4165, provided that: '(a) The Congress finds that increasing scientific evidence indicates the level of the oceans will rise significantly over the next seventy-five years. '(b) The Secretary (meaning Secretary of the Army, see 33 U.S.C. 2201), in cooperation with the National Oceanic and Atmospheric Administration, the Federal Emergency Management Agency, and other appropriate Federal, State, and local agencies and the private sector, is authorized to conduct a study of shoreline protection and beach erosion control policy and related projects of the Secretary, in view of the prospect for long-term increases in the levels of the ocean. Such study shall include, but is not limited to - '(1) an assessment of the probability and the extent of coastal flooding and erosion; '(2) an appraisal of various strategies for managing relocation, disinvestment, and reinvestment in coastal communities exposed to coastal flooding and erosion; '(3) a summary of the legal and institutional impact of rising sea level on riparian lands; and '(4) recommendations for new or additional criteria for Federal participation in shoreline protection projects. '(c) Within three years after the date of enactment of this Act (Nov. 17, 1986), the Secretary shall transmit the study prepared pursuant to subsection (b) of this section, together with supporting documentation and the recommendations of the Secretary, to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives. '(d) There is authorized to be appropriated $3,000,000 for fiscal years beginning after September 30, 1986, to carry out this section, such sum to remain available until expended.' APPLICATION OF EXISTING LAW TO SURVEYS RELATING TO SHORE PROTECTION Pub. L. 87-874, Sec. 103(b), Oct. 23, 1962, 76 Stat. 1179, provided that: 'All provisions of existing law relating to surveys of rivers and harbors shall apply to surveys relating to shore protection and section 2 of the River and Harbor Act approved July 3, 1930, as amended (33 U.S.C. 426), is modified to the extent inconsistent herewith.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 426a, 426c of this title. ------DocID 39886 Document 244 of 1330------ -CITE- 33 USC Sec. 426-1 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426-1. Coastal Engineering Research Center; establishment; powers and functions -STATUTE- There shall be established under the Chief of Engineers, United States Army, a Coastal Engineering Research Center which, except as hereinafter provided in section 426-3 of this title, shall be vested with all the functions of the Beach Erosion Board, including the authority to make general investigations as provided in section 426a of this title, and such additional functions as the Chief of Engineers may assign. -SOURCE- (Pub. L. 88-172, Sec. 1, Nov. 7, 1963, 77 Stat. 304.) -COD- CODIFICATION Section was enacted as part of section 1 of Pub. L. 88-172. The remainder of said section 1, abolishing the Beach Erosion Board, is classified as a note under section 426 of this title. -TRANS- ABOLITION OF BEACH EROSION BOARD Section 1 of Pub. L. 88-172 abolished Beach Erosion Board, and is set out as a note under section 426 of this title. For the transfer of certain functions of said Board to Board of Engineers for Rivers and Harbors, see section 426-3 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 426-2 of this title. ------DocID 39887 Document 245 of 1330------ -CITE- 33 USC Sec. 426-2 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426-2. Board on Coastal Engineering Research -STATUTE- The functions of the Coastal Engineering Research Center established by section 426-1 of this title, shall be conducted with the guidance and advice of a Board on Coastal Engineering Research, constituted by the Chief of Engineers in the same manner as the present Beach Erosion Board. -SOURCE- (Pub. L. 88-172, Sec. 2, Nov. 7, 1963, 77 Stat. 305.) -MISC1- COMPENSATION OF BOARD Pub. L. 91-611, title I, Sec. 105, Dec. 31, 1970, 84 Stat. 1819, provided that: 'The civilian members of the Board on Coastal Engineering Research authorized by the Act of November 7, 1963 (33 U.S.C. 426-2) may be paid at rates not to exceed the daily equivalent of the rate for GS-18 for each day of attendance at Board meetings, not to exceed thirty days per year, in addition to the traveling and other necessary expenses connected with their duties on the Board in accordance with the provisions of 5 U.S.C. 5703(b), (d), and 5707.' (References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5.) -TRANS- ABOLITION OF BEACH EROSION BOARD Section 1 of Pub. L. 88-172 abolished Beach Erosion Board, and is set out as a note under section 426 of this title. For transfer of functions of Board to Coastal Engineering Research Center and Board of Engineers for Rivers and Harbors, see sections 426-1 and 426-3 of this title. ------DocID 39888 Document 246 of 1330------ -CITE- 33 USC Sec. 426-3 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426-3. Transfer of functions of Beach Erosion Board -STATUTE- All functions of the Beach Erosion Board pertaining to review of reports of investigations made concerning erosion of the shores of coastal and lake waters, and the protection of such shores, are hereby transferred to the Board established by section 541 of this title, referred to as the Board of Engineers for Rivers and Harbors. -SOURCE- (Pub. L. 88-172, Sec. 3, Nov. 7, 1963, 77 Stat. 305.) -TRANS- ABOLITION OF BEACH EROSION BOARD Section 1 of Pub. L. 88-172 abolished Beach Erosion Board, and is set out as a note under section 426 of this title. For transfer of certain functions of Board to Coastal Engineering Research Center, see section 426-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 426-1 of this title. ------DocID 39889 Document 247 of 1330------ -CITE- 33 USC Sec. 426a -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426a. Additional investigations concerning erosion of shores of coastal and lake waters; payment of costs; 'shores' defined -STATUTE- In addition to participating in cooperative investigations and studies with agencies of the various States as authorized in section 426 of this title, it shall be the duty of the Chief of Engineers, through the Coastal Engineering Research Center, to make general investigations with a view to preventing erosion of the shores of the United States by waves and currents and determining the most suitable methods for the protection, restoration, and development of beaches; and to publish from time to time such useful data and information concerning the erosion and protection of beaches and shore lines as the Center may deem to be of value to the people of the United States. The cost of the general investigations authorized by sections 426a to 426d of this title shall be borne wholly by the United States. As used in said sections, the word 'shores' includes the shore lines of the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great Lakes, Lake Champlain, and estuaries and bays directly connected therewith. -SOURCE- (July 31, 1945, ch. 334, Sec. 1, 59 Stat. 508; Nov. 7, 1963, Pub. L. 88-172, Sec. 1, 77 Stat. 304.) -COD- CODIFICATION Coastal Engineering Research Center has been substituted for Beach Erosion Board pursuant to Pub. L. 88-172, Sec. 1, providing in part for the abolition of the Beach Erosion Board, which is set out as a note under section 426 of this title. For transfer of investigatory functions of the Beach Erosion Board to the Coastal Engineering Research Center, see section 426-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 426-1, 426d of this title. ------DocID 39890 Document 248 of 1330------ -CITE- 33 USC Sec. 426b -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426b. Applicability of existing laws; projects referred to Board of Engineers for Rivers and Harbors -STATUTE- All provisions of existing law relating to examinations and surveys and to works of improvement of rivers and harbors shall apply, insofar as practicable, to examinations and surveys and to works of improvement relating to shore protection; except that all projects having to do with shore protection shall be referred for consideration and recommendation to the Board of Engineers for Rivers and Harbors. -SOURCE- (July 31, 1945, ch. 334, Sec. 2, 59 Stat. 508; Nov. 7, 1963, Pub. L. 88-172, Sec. 1, 77 Stat. 304.) -COD- CODIFICATION Provision for the referral of projects having to do with shore protection for consideration and recommendation to the Beach Erosion Board have been omitted as obsolete in view of the abolition of the Beach Erosion Board and the transfer of its review function to the Board of Engineers for Rivers and Harbors by Pub. L. 88-172, Sec. 1. See section 426-3 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 426a, 426d of this title. ------DocID 39891 Document 249 of 1330------ -CITE- 33 USC Sec. 426c -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426c. Report by Coastal Engineering Research Center -STATUTE- The Coastal Engineering Research Center, in making its report on any cooperative investigation and studies under the provisions of section 426 of this title, relating to shore protection work shall, in addition to any other matters upon which it may be required to report, state its opinion as to (a) the advisability of adopting the project; (b) what public interest, if any, is involved in the proposed improvement; and (c) what share of the expense, if any, should be borne by the United States. -SOURCE- (July 31, 1945, ch. 334, Sec. 3, 59 Stat. 508; Nov. 7, 1963, Pub. L. 88-172, Sec. 1, 77 Stat. 304.) -COD- CODIFICATION Coastal Engineering Research Center has been substituted for Beach Erosion Board pursuant to Pub. L. 88-172, Sec. 1, providing in part for the abolition of the Beach Erosion Board, which is set out as a note under section 426 of this title. For transfer of investigatory functions of the Beach Erosion Board to the Coastal Engineering Research Center see section 426-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 426a, 426d of this title. ------DocID 39892 Document 250 of 1330------ -CITE- 33 USC Sec. 426d -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426d. Payment of expenses -STATUTE- Any expenses incident and necessary in the undertaking of the general investigations authorized by sections 426a to 426d of this title may be paid from funds appropriated prior to or after July 31, 1945, for examinations, surveys, and contingencies for rivers and harbors. -SOURCE- (July 31, 1945, ch. 334, Sec. 4, 59 Stat. 508.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 426a of this title. ------DocID 39893 Document 251 of 1330------ -CITE- 33 USC Sec. 426e -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426e. Federal aid in protection of shores -STATUTE- (a) Declaration of policy With the purpose of preventing damage to the shores of the United States, its Territories and possessions and promoting and encouraging the healthful recreation of the people, it is declared to be the policy of the United States, subject to the following provisions of sections 426e to 426h of this title to assist in the construction, but not the maintenance, of works for the restoration and protection against erosion, by waves and currents, of the shores of the United States, its Territories and possessions. (b) Federal contribution; maximum amount; exceptions The Federal contribution in the case of any project referred to in subsection (a) of this section shall not exceed one-half of the cost of the project, and the remainder shall be paid by the State, municipality, or other political subdivision in which the project is located, except that (1) the costs allocated to the restoration and protection of Federal property shall be borne fully by the Federal Government, (2) Federal participation in the cost of a project for restoration and protection of State, county, and other publicly owned shore parks and conservation areas may be, in the discretion of the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs, when such areas: Include a zone which excludes permanent human habitation; include but are not limited to recreational beaches; satisfy adequate criteria for conservation and development of the natural resources of the environment; extend landward a sufficient distance to include, where appropriate, protective dunes, bluffs, or other natural features which serve to protect the uplands from damage; and provide essentially full park facilities for appropriate public use, all of which shall meet with the approval of the Chief of Engineers, and (3) Federal participation in the cost of a project providing hurricane protection may be, in the discretion of the Secretary of the Army, acting through the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs. (c) Periodic beach nourishment; 'construction' defined When in the opinion of the Chief of Engineers the most suitable and economical remedial measures would be provided by periodic beach nourishment, the term 'construction' may be construed for the purposes of sections 426e to 426h of this title to include the deposit of sand fill at suitable intervals of time to furnish sand supply to project shores for a length of time specified by the Chief of Engineers. (d) Shores other than public Shores other than public will be eligible for Federal assistance if there is benefit such as that arising from public use or from the protection of nearby public property or if the benefits to those shores are incidental to the project, and the Federal contribution to the project shall be adjusted in accordance with the degree of such benefits. (e) Authorized plans No Federal contributions shall be made with respect to a project under sections 426e to 426h of this title unless the plan therefor shall have been specifically adopted and authorized by Congress after investigation and study by the Coastal Engineering Research Center under the provisions of section 426 of this title as amended and supplemented, or, in the case of a small project under section 426g of this title, unless the plan therefor has been approved by the Chief of Engineers. -SOURCE- (Aug. 13, 1946, ch. 960, Sec. 1, 60 Stat. 1056; July 28, 1956, ch. 768, 70 Stat. 702; Oct. 23, 1962, Pub. L. 87-874, title I, Sec. 103(a)(1)-(3), 76 Stat. 1178; Nov. 7, 1963, Pub. L. 88-172, Sec. 1, 77 Stat. 304; Dec. 31, 1970, Pub. L. 91-611, title II, Sec. 208, 84 Stat. 1829.) -COD- CODIFICATION Coastal Engineering Research Center, referred to in subsec. (e), has been substituted for Beach Erosion Board pursuant to Pub. L. 88-172, Sec. 1, providing in part for the abolition of the Beach Erosion Board and for transfer of functions of the Beach Erosion Board to the Coastal Engineering Research Center. See section 426-1 of this title. -MISC3- AMENDMENTS 1970 - Subsec. (b). Pub. L. 91-611 provided for designation of existing provisions as cls. (1) and (2) by insertion of '(1)' after 'except that' and substitution of '(2)' for 'and, further, that' and added cl. (3). 1962 - Subsec. (b). Pub. L. 87-874, Sec. 103(a)(1), (2), increased maximum limit on amount of Federal contributions from one-third to one-half of project cost, provided that costs for restoration and protection of Federal property shall be borne fully by the Federal Government, and that costs for restoration and protection of State, county and other publicly owned shore parks and conservation areas may be borne by Federal Government up to not more than 70 per centum, exclusive of land costs, when such areas include a zone which excludes permanent human habitation, include recreational beaches, satisfy criteria for conservation and development of natural resources, extend landward enough to include natural features to protect uplands, and provide essentially full park facilities for public use, all of which meet with approval of Chief of Engineers. Subsec. (e). Pub. L. 87-874, Sec. 103(a)(3), required approval of plans by Chief of Engineers in case of a small project under section 426g of this title. 1956 - Act July 28, 1956, extended assistance to privately owned shores, to include shores of Territories and possessions, substituted 'restoration' for 'improvement', defined 'construction', and struck out provisions which authorized Federal aid toward the repair and protection of seawalls constructed by political subdivisions to protect important public highways. REPORT TO CONGRESS ON SHORELINE PROTECTION PROGRAMS Pub. L. 101-640, title III, Sec. 309, Nov. 28, 1990, 104 Stat. 4638, provided that: 'Not later than 1 year after the date of the enactment of this Act (Nov. 28, 1990), the Secretary shall transmit to Congress a report on the advisability of not participating in the planning, implementation, or maintenance of any beach stabilization or renourishment project involving Federal funds unless the State in which the proposed project will be located has established or committed to establish a beach front management program that includes - '(1) restrictions on new development seaward of an erosion setback line (based on preproject beach size) of at least 30 times the annual erosion rate; '(2) restrictions on construction of new structural stabilization projects, such as seawalls and groins, and their reconstruction if damaged by 50 percent or more; '(3) provisions for the relocation of structures in erosion-prone areas; '(4) provisions to assure public access to beaches stabilized or renourished with Federal funds after January 1, 1991; and '(5) such other provisions as the Secretary may prescribe by regulation to prevent hazardous or environmentally damaging shoreline development.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 426g, 426h of this title. ------DocID 39894 Document 252 of 1330------ -CITE- 33 USC Sec. 426f -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426f. Payments to States, etc. -STATUTE- The Secretary of the Army is authorized to reimburse local interests for work done by them, after initiation of the survey studies which form the basis for the project, on authorized projects which individually do not exceed $1,000,000 in total cost: Provided, That the work which may have been done on the projects is approved by the Chief of Engineers as being in accordance with the authorized projects: Provided further, That such reimbursement shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects of higher priority for improvements. -SOURCE- (Aug. 13, 1946, ch. 960, Sec. 2, 60 Stat. 1056; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; July 28, 1956, ch. 768, 70 Stat. 703; Oct. 23, 1962, Pub. L. 87-874, title I, Sec. 103(a)(4), 76 Stat. 1178.) -MISC1- AMENDMENTS 1962 - Pub. L. 87-874 substituted provisions which authorize the Secretary of the Army to reimburse local interests for work done on authorized projects which individually do not exceed $1,000,000 in cost, and provide that such reimbursement shall be subject to applicable appropriations or available funds and not take priority over pending projects of higher priority, for provisions which authorized the Chief of Engineers to cause to be paid to the political subdivision involved the amount authorized by Congress. 1956 - Act July 28, 1956, substituted 'or other political subdivision involved' for 'or political subdivision'. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 426e, 426h of this title; title 42 section 1962d-5a. ------DocID 39895 Document 253 of 1330------ -CITE- 33 USC Sec. 426g -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426g. Authorization of small projects not specifically authorized; expenditures; local cooperation; work to be complete; exceptions -STATUTE- The Secretary of the Army is authorized to undertake construction of small shore and beach restoration and protection projects not specifically authorized by Congress, which otherwise comply with section 426e of this title, when he finds that such work is advisable, and he is further authorized to allot from any appropriations hereafter made for civil works, not to exceed $30,000,000 for any one fiscal year for the Federal share of the costs of construction of such projects: Provided, That not more than $2,000,000 shall be allotted for this purpose for any single project and the total amount allotted shall be sufficient to complete the Federal participation in the project under this section including periodic nourishment as provided for under section 426e(c) of this title: Provided further, That the provisions of local cooperation specified in section 426e of this title shall apply: And provided further, That the work shall be complete in itself and shall not commit the United States to any additional improvement to insure its successful operation, except for participation in periodic beach nourishment in accordance with section 426e(c) of this title, and as may result from the normal procedure applying to projects authorized after submission of survey reports. -SOURCE- (Aug. 13, 1946, ch. 960, Sec. 3, 60 Stat. 1056; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; July 28, 1956, ch. 768, 70 Stat. 703; Oct. 23, 1962, Pub. L. 87-874, title I, Sec. 103(a)(4), 76 Stat. 1178; Oct. 27, 1965, Pub. L. 89-298, title III, Sec. 310(b), 79 Stat. 1095; Dec. 31, 1970, Pub. L. 91-611, title I, Sec. 112(b), 84 Stat. 1821; Nov. 17, 1986, Pub. L. 99-662, title IX, Sec. 915(e), 100 Stat. 4191.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-662 substituted '$30,000,000' for '$25,000,000' and '$2,000,000' for '$1,000,000'. 1970 - Pub. L. 91-611 increased authorized annual allotment for Federal share of project construction costs from $10,000,000 to $25,000,000 and the limitation on allotment for any single project from $500,000 to $1,000,000. 1965 - Pub. L. 89-298 increased authorized annual allotment for Federal share of project construction costs from $3,000,000 to $10,000,000 and the limitation on allotment for any single project from $400,000 to $500,000. 1962 - Pub. L. 87-874 substituted provisions which authorize the Secretary of the Army to undertake small shore and beach projects not specifically authorized by Congress, which otherwise comply with section 426e of this title, and to allot from any civil works appropriations hereafter made, an amount not to exceed $3,000,000 for the Federal share of such projects in any one fiscal year, provide that no such single project shall be allotted more than $400,000, including periodic nourishment, that provisions of local cooperation shall apply, and that the work shall be complete and not commit the United States to any additional improvement except for periodic beach nourishment, and as may result from procedure applying to projects authorized after submission of survey reports, for provisions which permitted the Chief of Engineers to make advance payments, not exceeding the United States pro rata part of the value of the labor and materials actually put in, and to undertake construction of restoration and protective works under sections 426e to 426h of this title upon the request of, and contribution of funds by, the interested political subdivision. 1956 - Act July 28, 1956, substituted 'restoration and protective works under sections 426e to 426h of this title' for 'improvement and protective works'. -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. -MISC4- EFFECTIVE DATE OF 1986 AMENDMENT Section 915(i) of Pub. L. 99-662 provided that: 'The amendments made by this section (amending this section and sections 426i, 577, 603a, 701g, 701r, and 701s of this title) shall not apply to any project under contract for construction on the date of enactment of this Act (Nov. 17, 1986).' EFFECTIVE DATE OF 1970 AMENDMENT Section 112(c) of Pub. L. 91-611 provided that: 'The amendments made by this section (amending this section and section 577 of this title) shall not apply to any project under contract for construction on the date of enactment of this Act (Dec. 31, 1970).' -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 426e, 426h, 2282, 2290 of this title. ------DocID 39896 Document 254 of 1330------ -CITE- 33 USC Sec. 426h -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426h. 'Shores' defined -STATUTE- As used in sections 426e to 426h of this title, the word 'shores' includes all the shorelines of the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great Lakes, and lakes, estuaries, and bays directly connected therewith. -SOURCE- (Aug. 13, 1946, ch. 960, Sec. 4, 60 Stat. 1057; July 28, 1956, ch. 768, 70 Stat. 703.) -MISC1- AMENDMENTS 1956 - Act July 28, 1956, reenacted section without change. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 426e of this title. ------DocID 39897 Document 255 of 1330------ -CITE- 33 USC Sec. 426i -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426i. Shore damage prevention or mitigation -STATUTE- The Secretary of the Army is authorized to investigate, study, plan, and implement structural and nonstructural measures for the prevention or mitigation of shore damages attributable to Federal navigation works, if a non-Federal public body agrees to operate and maintain such measures, and, in the case of interests in real property acquired in conjunction with nonstructural measures, to operate and maintain the property for public purposes in accordance with regulations prescribed by the Secretary. The costs of implementing measures under this section shall be cost-shared in the same proportion as the cost-sharing provisions applicable to the project causing the shore damage. No such project shall be initiated without specific authorization by Congress if the Federal first cost exceeds $2,000,000. -SOURCE- (Pub. L. 90-483, title I, Sec. 111, Aug. 13, 1968, 82 Stat. 735; Pub. L. 99-662, title IX, Sec. 915(f), 940, Nov. 17, 1986, 100 Stat. 4191, 4199.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-662, Sec. 940, amended section generally. Prior to amendment, section read as follows: 'The Secretary of the Army, acting through the Chief of Engineers, is authorized to investigate, study, and construct projects for the prevention or mitigation of shore damages attributable to Federal navigation works. The cost of installing, operating, and maintaining such projects shall be borne entirely by the United States. No such project shall be constructed without specific authorization by Congress if the estimated first cost exceeds $2,000,000.' Pub. L. 99-662, Sec. 915(f), substituted '$2,000,000' for '$1,000,000'. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 915(f) of Pub. L. 99-662 not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) of Pub. L. 99-662, set out as a note under section 426g of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2282, 2290 of this title. ------DocID 39898 Document 256 of 1330------ -CITE- 33 USC Sec. 426j -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426j. Placement on State beaches of sand dredged in constructing and maintaining navigation inlets and channels adjacent to such beaches -STATUTE- The Secretary of the Army, acting through the Chief of Engineers, is authorized upon request of the State, to place on the beaches of such State beach-quality sand which has been dredged in constructing and maintaining navigation inlets and channels adjacent to such beaches, if the Secretary deems such action to be in the public interest and upon payment by such State of 50 percent of the increased cost thereof above the cost required for alternative methods of disposing of such sand. In carrying out this section, the Secretary shall give consideration to the State's schedule for providing its share of funds for placing such sand on the beaches of such State and shall, to the maximum extent practicable, accommodate such schedule. -SOURCE- (Pub. L. 94-587, Sec. 145, Oct. 22, 1976, 90 Stat. 2931; Pub. L. 99-662, title IX, Sec. 933, Nov. 17, 1986, 100 Stat. 4197; Pub. L. 100-676, Sec. 35, Nov. 17, 1988, 102 Stat. 4031.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-676 inserted at end 'In carrying out this section, the Secretary shall give consideration to the State's schedule for providing its share of funds for placing such sand on the beaches of such State and shall, to the maximum extent practicable, accommodate such schedule.' 1986 - Pub. L. 99-662 inserted 'by such State of 50 percent'. ------DocID 39899 Document 257 of 1330------ -CITE- 33 USC Sec. 426k -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426k. Five year demonstration program to temporarily increase diversion of water from Lake Michigan at Chicago, Illinois -STATUTE- (a) Authorization of Secretary of the Army; purpose; amounts of increase; incremental accomplishment; effects on Illinois Waterway; responsibilities for development, implementation, and supervision In order to alleviate water damage on the shoreline of Lake Michigan and others of the Great Lakes during periods of abnormally high water levels in the Great Lakes, and to improve the water quality of the Illinois Waterway, the Secretary of the Army, acting through the Chief of Engineers, is authorized to carry out a five-year demonstration program to temporarily increase the diversion of water from Lake Michigan at Chicago, Illinois, for the purpose of testing the practicability of increasing the average annual diversion from the present limit of three thousand two hundred cubic feet per second to ten thousand cubic feet per second. The demonstration program will increase the controllable diversion by various amounts calculated to raise the average annual diversion above three thousand two hundred cubic feet per second up to ten thousand cubic feet per second. The increase in diversion rate will be accomplished incrementally and will take into consideration the effects of such increase on the Illinois Waterway. The program will be developed by the Chief of Engineers in cooperation with the State of Illinois and the Metropolitan Sanitary District of Greater Chicago. The program will be implemented by the State of Illinois and the Metropolitan Sanitary District of Greater Chicago under the supervision of the Chief of Engineers. (b) Establishment of monthly controllable diversion rates; average annual level of Lake Michigan and total diversion for succeeding accounting year During the demonstration program a controllable diversion rate will be established for each month calculated to establish an annual average diversion from three thousand two hundred cubic feet per second to not more than ten thousand cubic feet per second. When the level of Lake Michigan is below its average level, the total diversion for the succeeding accounting year shall not exceed three thousand two hundred cubic feet per second on an annual basis. The average level of Lake Michigan will be based upon the average monthly level for the period from 1900 to 1975. (c) River stages approaching bankfull conditions on Illinois Waterway or Mississippi River or further increased diversion adversely affecting St. Lawrence Seaway water levels: limitation on diversion When river stages approach or are predicted to approach bankfull conditions at the established flood warning stations on the Illinois Waterway or the Mississippi River, or when further increased diversion of water from Lake Michigan would adversely affect water levels necessary for navigational requirements of the Saint Lawrence Seaway in its entirety throughout the Saint Lawrence River and Great Lakes-Saint Lawrence Seaway, water shall not be diverted directly from Lake Michigan at the Wilmette, O'Brien, or Chicago River control structures other than as necessary for navigational requirements. (d) Additional study and demonstration program: determination of effects on Great Lakes levels and Illinois Waterway water quality and susceptibility to additional flooding and investigation of other adverse or beneficial impacts; report and recommendations to Congress The Chief of Engineers shall conduct a study and a demonstration program to determine the effects of the increased diversion on the levels of the Great Lakes, on the water quality of the Illinois Waterway, and on the susceptibility of the Illinois Waterway to additional flooding. The study and demonstration program will also investigate any adverse or beneficial impacts which result from this section. The Chief of Engineers, at the end of five years after October 22, 1976, will submit to the Congress the results of this study and demonstration program including recommendations whether to continue this authority or to change the criteria stated in subsection (b) of this section. (e) 'Controllable diversion' defined For purposes of this section, controllable diversion is defined as that diversion at Wilmette, O'Brien, and Chicago River control structures which is not attributable to leakage or which is not necessary for navigational requirements. -SOURCE- (Pub. L. 94-587, Sec. 166, Oct. 22, 1976, 90 Stat. 2934.) ------DocID 39900 Document 258 of 1330------ -CITE- 33 USC Sec. 426l -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 426l. Protection of Lake Ontario -STATUTE- (a) Plan for shoreline protection and beach erosion control; report to Congress The Secretary of the Army, acting through the Chief of Engineers, is directed to develop a plan for shoreline protection and beach 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.) ------DocID 39901 Document 259 of 1330------ -CITE- 33 USC Sec. 426m -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -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 (FOOTNOTE 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. (FOOTNOTE 1) So in original. (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'. ------DocID 39902 Document 260 of 1330------ -CITE- 33 USC Sec. 426n -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -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- DEFINITIONS Secretary means the Secretary of the Army, see section 2201 of this title. ------DocID 39903 Document 261 of 1330------ -CITE- 33 USC Sec. 426o -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -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- DEFINITIONS Secretary means the Secretary of the Army, see section 2201 of this title. ------DocID 39904 Document 262 of 1330------ -CITE- 33 USC Sec. 426p -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -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. -MISC2- 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.' ------DocID 39905 Document 263 of 1330------ -CITE- 33 USC Sec. 427 to 430 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 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. ------DocID 39906 Document 264 of 1330------ -CITE- 33 USC SUBCHAPTER II -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER II -HEAD- SUBCHAPTER II - OIL POLLUTION OF COASTAL WATERS ------DocID 39907 Document 265 of 1330------ -CITE- 33 USC Sec. 431 to 437 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER II -HEAD- Sec. 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, Sec. 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. ------DocID 39908 Document 266 of 1330------ -CITE- 33 USC SUBCHAPTER III -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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. ------DocID 39909 Document 267 of 1330------ -CITE- 33 USC Sec. 441 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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; Aug. 28, 1958, Pub. L. 85-802, Sec. 1(1), 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).' -CROSS- CROSS REFERENCES Consent of Congress to obstruction of waters by New York City, see section 454 of this title. Discharges of pollutants into the navigable waters subject to these sections to be regulated pursuant to Federal Water Pollution Control Act except as to effect on navigation and anchorage, see section 1371 of this title. Taking shellfish or otherwise interfering with navigation in New York Harbor channels, see section 452 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 442, 443, 444 of this title. ------DocID 39910 Document 268 of 1330------ -CITE- 33 USC Sec. 442 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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; Aug. 28, 1958, Pub. L. 85-802, Sec. 1(2), 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. ------DocID 39911 Document 269 of 1330------ -CITE- 33 USC Sec. 443 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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. ------DocID 39912 Document 270 of 1330------ -CITE- 33 USC Sec. 444 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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. ------DocID 39913 Document 271 of 1330------ -CITE- 33 USC Sec. 445 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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. ------DocID 39914 Document 272 of 1330------ -CITE- 33 USC Sec. 446 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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; Aug. 28, 1958, Pub. L. 85-802, Sec. 1(3), 72 Stat. 970; Oct. 17, 1968, Pub. L. 90-578, title IV, Sec. 402(b)(2), 82 Stat. 1118; Dec. 1, 1990, Pub. L. 101-650, title III, Sec. 321, 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. -MISC3- 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. -MISC4- 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. ------DocID 39915 Document 273 of 1330------ -CITE- 33 USC Sec. 447 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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; Aug. 28, 1958, Pub. L. 85-802, Sec. 1(4), 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 this title. See Codification note set out under section 443 of this title. -MISC3- 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. ------DocID 39916 Document 274 of 1330------ -CITE- 33 USC Sec. 448 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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. ------DocID 39917 Document 275 of 1330------ -CITE- 33 USC Sec. 449 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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; Aug. 28, 1958, Pub. L. 85-802, Sec. 1(5), 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. -MISC3- 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. ------DocID 39918 Document 276 of 1330------ -CITE- 33 USC Sec. 450 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure. ------DocID 39919 Document 277 of 1330------ -CITE- 33 USC Sec. 451 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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; Aug. 28, 1958, Pub. L. 85-802, Sec. 1(6), 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. -MISC4- 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. ------DocID 39920 Document 278 of 1330------ -CITE- 33 USC Sec. 451a -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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; Aug. 28, 1958, Pub. L. 85-802, Sec. 1(7), 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. ------DocID 39921 Document 279 of 1330------ -CITE- 33 USC Sec. 451b -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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 Aug. 28, 1958, Pub. L. 85-802, Sec. 1(8), 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. ------DocID 39922 Document 280 of 1330------ -CITE- 33 USC Sec. 452 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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; Oct. 17, 1968, Pub. L. 90-578, title IV, Sec. 402(b)(2), 82 Stat. 1118; Dec. 1, 1990, Pub. L. 101-650, title III, Sec. 321, 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. ------DocID 39923 Document 281 of 1330------ -CITE- 33 USC Sec. 453 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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. ------DocID 39924 Document 282 of 1330------ -CITE- 33 USC Sec. 454 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER III -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, Sec. 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). ------DocID 39925 Document 283 of 1330------ -CITE- 33 USC SUBCHAPTER IV -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF COLUMBIA ------DocID 39926 Document 284 of 1330------ -CITE- 33 USC Sec. 461 to 464 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER IV -HEAD- Sec. 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. See section 22-1701 et seq. of the District of Columbia Code. ------DocID 39927 Document 285 of 1330------ -CITE- 33 USC SUBCHAPTER V -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER V -HEAD- SUBCHAPTER V - NAVIGABLE WATERS OF MARYLAND ------DocID 39928 Document 286 of 1330------ -CITE- 33 USC Sec. 465 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER V -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.) ------DocID 39929 Document 287 of 1330------ -CITE- 33 USC SUBCHAPTER VI -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VI -HEAD- SUBCHAPTER VI - WATER POLLUTION CONTROL ------DocID 39930 Document 288 of 1330------ -CITE- 33 USC Sec. 466 to 466g -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VI -HEAD- Sec. 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, Sec. 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, and 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, Sec. 1(b), 2, 75 Stat. 204, renumbered Oct. 2, 1965, Pub. L. 89-234, Sec. 2(a), 79 Stat. 903, and amended 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 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, Sec. 1(b), (c), 3, 75 Stat. 204, 205, renumbered Oct. 2, 1965, Pub. L. 89-234, Sec. 2(a), 79 Stat. 903, and amended 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, and 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, Sec. 1(b), 4(a), (b), 75 Stat. 204, 205, renumbered and amended Oct. 2, 1965, Pub. L. 89-234, Sec. 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, Sec. 1(b), 5, 75 Stat. 204, 206, renumbered and amended Oct. 2, 1965, Pub. L. 89-234, Sec. 2(a), 4, 7(b), 79 Stat. 903, 906, 910; Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 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, Sec. 1(b)-(d), 6(a), (b), 75 Stat. 204, 207, renumbered Oct. 2, 1965, Pub. L. 89-234, Sec. 2(a), 79 Stat. 903, and amended 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, Sec. 1(b), 7, 75 Stat. 204, 207, renumbered and amended Oct. 2, 1965, Pub. L. 89-234, Sec. 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, Sec. 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. ------DocID 39931 Document 289 of 1330------ -CITE- 33 USC Sec. 466g-1 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VI -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.' ------DocID 39932 Document 290 of 1330------ -CITE- 33 USC Sec. 466h to 466l -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VI -HEAD- Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, amended Nov. 3, 1966, Pub. L. 89-753, title II, Sec. 209, 80 Stat. 1251, and 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, Sec. 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, and renumbered 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. ------DocID 39933 Document 291 of 1330------ -CITE- 33 USC Sec. 466m, 466n -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VI -HEAD- Sec. 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 the Secretary of 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 the Secretary of 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. ------DocID 39934 Document 292 of 1330------ -CITE- 33 USC SUBCHAPTER VII -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- SUBCHAPTER VII - DAM INSPECTION PROGRAM ------DocID 39935 Document 293 of 1330------ -CITE- 33 USC Sec. 467 -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467. 'Dam' defined -STATUTE- The term 'dam' as used in this subchapter means any artificial barrier, including appurtenant works, which impounds or diverts water, and which (1) is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum water storage elevation or (2) has an impounding capacity at maximum water storage elevation of fifty acre-feet or more. This subchapter does not apply to any such barrier which is not in excess of six feet in height, regardless of storage capacity or which has a storage capacity at maximum water storage elevation not in excess of fifteen acre-feet, regardless of height, unless such barrier, due to its location or other physical characteristics, is likely to pose a significant threat to human life or property in the event of its failure. -SOURCE- (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.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-662 inserted ', unless such barrier, due to its location or other physical characteristics, is likely to pose a significant threat to human life or property in the event of its failure' at end. 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 sections 467 and 467b of this title) may be cited as the 'Dam Safety Act of 1986'.' ------DocID 39936 Document 294 of 1330------ -CITE- 33 USC Sec. 467a -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467a. Inspection of dams; exceptions -STATUTE- 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. -SOURCE- (Pub. L. 92-367, Sec. 2, Aug. 8, 1972, 86 Stat. 506; Pub. L. 95-91, title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583.) -REFTEXT- REFERENCES IN TEXT The Federal Power Act, referred to in text, is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally to chapter 12 (Sec. 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables. -TRANS- TRANSFER OF FUNCTIONS 'Federal Energy Regulatory Commission' substituted in text for 'Federal Power Commission' on authority of Pub. L. 95-91, title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583, which is classified to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare. ------DocID 39937 Document 295 of 1330------ -CITE- 33 USC Sec. 467b -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467b. Investigation reports to Governors; remedial measures -STATUTE- As soon as practicable after inspection of a dam, the Secretary shall notify the Governor of the State in which such dam is located the results of such investigation. In any case in which any hazardous conditions are found during an inspection, upon request by the owner, the Secretary, acting through the Chief of Engineers, may perform detailed engineering studies to determine the structural integrity of the dam, subject to reimbursement of such expense by the owner of such dam. The Secretary shall immediately notify the Governor of any hazardous conditions found during an inspection. The Secretary shall provide advice to the Governor, upon request, relating to timely remedial measures necessary to mitigate or obviate any hazardous conditions found during an inspection. -SOURCE- (Pub. L. 92-367, Sec. 3, Aug. 8, 1972, 86 Stat. 507; Pub. L. 99-662, title XII, Sec. 1204, Nov. 17, 1986, 100 Stat. 4263.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-662 inserted 'In any case in which any hazardous conditions are found during an inspection, upon request by the owner, the Secretary, acting through the Chief of Engineers, may perform detailed engineering studies to determine the structural integrity of the dam, subject to reimbursement of such expense by the owner of such dam.' ------DocID 39938 Document 296 of 1330------ -CITE- 33 USC Sec. 467c -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467c. Determination of danger to human life and property -STATUTE- For the purpose of determining whether a dam (including the waters impounded by such dam) constitutes a danger to human life or property, the Secretary shall take into consideration the possibility that the dam might be endangered by overtopping, seepage, settlement, erosion, sediment, cracking, earth movement, earthquakes, failure of bulkheads, flashboard, gates on conduits, or other conditions which exist or which might occur in any area in the vicinity of the dam. -SOURCE- (Pub. L. 92-367, Sec. 4, Aug. 8, 1972, 86 Stat. 507.) ------DocID 39939 Document 297 of 1330------ -CITE- 33 USC Sec. 467d -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467d. Omitted -COD- CODIFICATION Section, Pub. L. 92-367, Sec. 5, Aug. 8, 1972, 86 Stat. 507, provided that the Secretary report to Congress on or before July 1, 1974, on his activities under this subchapter, including in his report an inventory of dams in the United States, a review of each inspection made, recommendations to State Governors and implementation of those recommendations, recommendations for a comprehensive national program for inspection and safety regulation, and recommendations on the responsibilities which should be assumed by Federal, State, and local governments and by public and private interests. ------DocID 39940 Document 298 of 1330------ -CITE- 33 USC Sec. 467e -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467e. Existing liabilities and obligations unaffected -STATUTE- Nothing contained in this subchapter and no action or failure to act under this subchapter shall be construed (1) to create any liability in the United States or its officers or employees for the recovery of damages caused by such action of failure to act; or (2) to relieve an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam. -SOURCE- (Pub. L. 92-367, Sec. 6, Aug. 8, 1972, 86 Stat. 507.) ------DocID 39941 Document 299 of 1330------ -CITE- 33 USC Sec. 467f -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467f. Authorization of appropriations for State dam safety programs; distribution among States; requirements for aggregate State expenditures for dam safety -STATUTE- (a) There is authorized to be appropriated to the Secretary of the Army (hereafter in this subchapter referred to as the 'Secretary'), $13,000,000 for each of the fiscal years ending September 30, 1988, through September 30, 1992. Sums appropriated under this section shall be distributed annually among States on the following basis: One-third equally among those States that have established dam safety programs approved under the terms of section 467g of this title, and two-thirds in proportion to the number of dams located in each State that has an established dam safety program under the terms of section 467g of this title to the number of dams in all States with such approved programs. In no event shall funds distributed to any State under this section exceed 50 percent of the reasonable cost of implementing an approved dam safety program in such State. (b) No grant may be made to a State under this section in any fiscal year unless such State enters into such agreements with the Secretary as the Secretary may require to ensure that such State will maintain its aggregate expenditures from all other sources for programs to assure dam safety for the protection of human life and property at or above the average level of such expenditures in its two fiscal years preceding November 17, 1986. -SOURCE- (Pub. L. 92-367, Sec. 7, as added Pub. L. 99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4260.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 467g of this title. ------DocID 39942 Document 300 of 1330------ -CITE- 33 USC Sec. 467g -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467g. State dam safety programs -STATUTE- (a) Requisite features of State dam safety programs In order to encourage the establishment and maintenance of effective programs intended to assure dam safety to protect human life and property and to improve such existing programs, the Secretary shall provide assistance under the terms of section 467f of this title to any State that establishes and maintains a dam safety program which is approved under this section. In evaluating a State's dam safety program, under the terms of subsections (b) and (c) of this section, the Secretary shall determine that such program includes the following: (1) a procedure, whereby, prior to any construction the plans for any dam will be reviewed to provide reasonable assurance of the safety and integrity of such dam over its intended life; (2) a procedure to determine, during and following construction and prior to operation of each dam built in the State, that such dam has been constructed and will be operated in a safe and reasonable manner; (3) a procedure to inspect every dam within such State at least once every five years, except that such inspections shall be required at least every three years for any dam the failure of which is likely to result in the loss of human life; (4) a procedure for more detailed and frequent safety inspections, when warranted; (5) the State has or can be expected to have authority to require those changes or modifications in a dam, or its operation, necessary to assure the dam's safety; (6) the State has or can be expected to develop a system of emergency procedures that would be utilized in the event a dam fails or in the event a dam's failure is imminent together with an identification of those dams where failure could be reasonably expected to endanger human life, and of the maximum area that could be inundated in the event of the failure of such dam, as well as identification of those necessary public facilities that would be affected by such inundation; (7) the State has or can be expected to have the authority to assure that any repairs or other changes needed to maintain the integrity of any dam will be undertaken by the dam's owner, or other responsible party; and (8) the State has or can be expected to have authority and necessary emergency funds to assure immediate repairs or other changes to, or removal of, a dam in order to protect human life and property, and if the owner does not take action, to take appropriate action as expeditiously as possible. (b) Program approval Any program which is submitted to the Secretary under the authority of this section shall be deemed approved 120 days following its receipt by the Secretary unless the Secretary determines within such 120-day period that such program fails to reasonably meet the requirements of subsection (a) of this section. If the Secretary determines such a program cannot be approved, he shall immediately notify such State in writing, together with his reasons and those changes needed to enable such plan to be approved. (c) Periodic review; revocation of approval; reapproval Utilizing the expertise of the Board established under section 467h of this title, the Secretary shall review periodically the implementation and effectiveness of approved State dam safety programs. In the event the Board finds that a State program under this subchapter has proven inadequate to reasonably protect human life and property, and the Secretary agrees, the Secretary shall revoke approval of such State program and withhold assistance under the terms of section 467f of this title until such State program has been reapproved. -SOURCE- (Pub. L. 92-367, Sec. 8, as added Pub. L. 99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4261.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 467f, 467h, 467j of this title. ------DocID 39943 Document 301 of 1330------ -CITE- 33 USC Sec. 467h -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467h. National Dam Safety Review Board -STATUTE- (a) There is authorized to be established a National Dam Safety Review Board (hereinafter in this subchapter referred to as the 'Board'), which shall be responsible for reviewing and monitoring State implementation of this subchapter. The Board is authorized to utilize the expertise of other agencies of the United States and to enter into contracts for necessary studies to carry out the requirements of this section. (b) The Board shall consist of seven members selected for their expertise in dam safety, to represent the Department of the Army, the Department of the Interior, the Tennessee Valley Authority, the Federal Emergency Management Agency, and the Department of Agriculture, plus two members, selected by the President, from employees or officials of States having an approved program under section 467g of this title. -SOURCE- (Pub. L. 92-367, Sec. 9, as added Pub. L. 99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 467g of this title. ------DocID 39944 Document 302 of 1330------ -CITE- 33 USC Sec. 467i -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467i. Consultation with State officials -STATUTE- The head of any agency of the United States that owns or operates a dam, or proposes to construct a dam in any State, shall, when requested by such State, consult fully with such State on the design and safety of such dam and allow officials of such State to participate with officials of such agency in all safety inspections of such dam. -SOURCE- (Pub. L. 92-367, Sec. 10, as added Pub. L. 99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262.) ------DocID 39945 Document 303 of 1330------ -CITE- 33 USC Sec. 467j -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467j. Training for State dam safety inspectors -STATUTE- The Secretary shall, at the request of any State that has or intends to develop a dam safety program under section 467g of this title, provide training for State dam safety inspectors. There is authorized to be appropriated to carry out this section $500,000 for each of the fiscal years ending September 30, 1988, through September 30, 1992. -SOURCE- (Pub. L. 92-367, Sec. 11, as added Pub. L. 99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262.) ------DocID 39946 Document 304 of 1330------ -CITE- 33 USC Sec. 467k -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467k. Development of improved dam inspection techniques -STATUTE- The Secretary, in cooperation with the National Institute of Standards and Technology, shall undertake a program of research in order to develop improved techniques and equipment for rapid and effective dam inspection, together with devices for the continued monitoring of dams for safety purposes. The Secretary shall provide for State participation in such research and periodically advise all States and the Congress of the results of such research. There is authorized to be appropriated to carry out this section $2,000,000 for each of the fiscal years ending September 30, 1988, through September 30, 1992. -SOURCE- (Pub. L. 92-367, Sec. 12, as added Pub. L. 99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262, and amended Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-418 substituted 'National Institute of Standards and Technology' for 'National Bureau of Standards'. ------DocID 39947 Document 305 of 1330------ -CITE- 33 USC Sec. 467l -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467l. Dam inventory updates -STATUTE- The Secretary is authorized to maintain and periodically publish updated information on the inventory of dams authorized in section 467d of this title. For the purpose of carrying out this section, there is authorized to be appropriated to the Secretary $500,000 for each of the fiscal years ending September 30, 1988, through September 30, 1992. -SOURCE- (Pub. L. 92-367, Sec. 13, as added Pub. L. 99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4262.) -REFTEXT- REFERENCES IN TEXT Section 467d of this title, referred to in text, was omitted from the Code. ------DocID 39948 Document 306 of 1330------ -CITE- 33 USC Sec. 467m -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467m. Inspection funds not to be used for repair or construction -STATUTE- No funds authorized in this subchapter shall be used to construct or repair any Federal or non-Federal dam. -SOURCE- (Pub. L. 92-367, Sec. 14, as added Pub. L. 99-662, title XII, Sec. 1201(b), Nov. 17, 1986, 100 Stat. 4263.) ------DocID 39949 Document 307 of 1330------ -CITE- 33 USC Sec. 467n -EXPCITE- TITLE 33 CHAPTER 9 SUBCHAPTER VII -HEAD- Sec. 467n. Recovery of dam modification costs required for safety purposes -STATUTE- (a) After November 17, 1986, costs incurred in the modification by the Secretary of dams and related facilities constructed or operated by the Secretary, the cause of which results from new hydrologic or seismic data or changes in state-of-the-art design or construction criteria deemed necessary for safety purposes, shall be recovered in accordance with the provisions in this subsection: (1) Fifteen percent of the modification costs shall be assigned to project purposes in accordance with the cost allocation in effect for the project at the time the work is initiated. Non-Federal interests shall share the costs assigned to each purpose in accord with the cost sharing in effect at the time of initial project construction: Provided, That the Secretary of the Interior shall recover costs assigned to irrigation in accordance with repayment provisions of Public Law 98-404. (2) Repayment under this subsection, with the exception of costs assigned to irrigation, may be made, with interest, over a period of not more than thirty years from the date of completion of the work. The interest rate used shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the applicable reimbursable period during the month preceding the fiscal year in which the costs are incurred, plus a premium of one-eighth of one percentage point for transaction costs. To the extent that more than one interest rate is determined pursuant to the preceding sentence, the Secretary of the Treasury shall establish an interest rate at the weighted average of the rates so determined. (b) Nothing in this section affects the authority of the Secretary to perform work pursuant to Public Law 84-99, as amended (33 U.S.C. 701n) or cost sharing for such work. -SOURCE- (Pub. L. 99-662, title XII, Sec. 1203, Nov. 17, 1986, 100 Stat. 4263.) -REFTEXT- REFERENCES IN TEXT Public Law 98-404, referred to in subsec. (a)(1), is Pub. L. 98-404, Aug. 28, 1984, 98 Stat. 1481, known as The Reclamation Safety of Dams Act Amendments of 1984, which amended sections 508 and 509 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 506 of Title 43 and Tables. Public Law 84-99, referred to in subsec. (b), is act June 28, 1955, ch. 194, 69 Stat. 186, which amended section 701n of this title. -COD- CODIFICATION Section was enacted as part of the Dam Safety Act of 1986, and also as part of the Water Resources Development Act of 1986, and not as part of Pub. L. 92-367 which comprises this subchapter. -CROSS- DEFINITIONS Secretary means the Secretary of the Army, see section 2201 of this title. ------DocID 39950 Document 308 of 1330------ -CITE- 33 USC CHAPTER 10 -EXPCITE- TITLE 33 CHAPTER 10 -HEAD- CHAPTER 10 - ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY -MISC1- Sec. 471. Establishment by Secretary of Transportation of anchorage grounds and regulations generally. 472. Marking anchorage grounds by Commandant of the Coast Guard. 473. Repealed. 474. Anchorage and general regulations for St. Marys River. 475. Regulations for Pearl Harbor, Hawaii. 476. Restrictions on tanker traffic in Puget Sound and adjacent waters. ------DocID 39951 Document 309 of 1330------ -CITE- 33 USC Sec. 471 -EXPCITE- TITLE 33 CHAPTER 10 -HEAD- Sec. 471. Establishment by Secretary of Transportation of anchorage grounds and regulations generally -STATUTE- The Secretary of Transportation is authorized, empowered, and directed to define and establish anchorage grounds for vessels in all harbors, rivers, bays, and other navigable waters of the United States whenever it is manifest to the said Secretary that the maritime or commercial interests of the United States require such anchorage grounds for safe navigation and the establishment of such anchorage grounds shall have been recommended by the Chief of Engineers, and to adopt suitable rules and regulations in relation thereto; and such rules and regulations shall be enforced by the Coast Guard under the direction of the Secretary of Transportation: Provided, That at ports or places where there is no Coast Guard vessel available such rules and regulations may be enforced by the Chief of Engineers under the direction of the Secretary of Transportation. In the event of the violation of any such rules and regulations by the owner, master, or person in charge of any vessel, such owner, master, or person in charge of such vessel shall be liable to a penalty of $100; and the said vessel may be holden for the payment of such penalty, and may be seized and proceeded against summarily by libel for the recovery of the same in any United States district court for the district within which such vessel may be and in the name of the officer designated by the Secretary of Transportation. -SOURCE- (Mar. 4, 1915, ch. 142, Sec. 7, 38 Stat. 1053; Aug. 4, 1949, ch. 393, Sec. 1, 20, 63 Stat. 496, 561; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(b)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440.) -COD- CODIFICATION Section was from the Rivers and Harbors Appropriation Act of 1915. -MISC3- PRIOR PROVISIONS Section probably supersedes acts May 16, 1888, ch. 257, Sec. 1, 2, 25 Stat. 151, relative to anchorage grounds in port of New York, Mar. 3, 1899, ch. 424, Sec. 1, 30 Stat. 1074, extending anchorage regulations for port of New York, Feb. 6, 1893, ch. 64, Sec. 1, 2, 27 Stat. 431, relative to anchorage grounds in port of Chicago, and June 6, 1900, ch. 819, Sec. 1, 2, 31 Stat. 682, relative to anchorage grounds in Kennebec River. AMENDMENTS 1983 - Pub. L. 97-449 substituted 'Secretary of Transportation' for 'Secretary of War' wherever appearing. See Transfer of Functions note below. -TRANS- TRANSFER OF FUNCTIONS 'Coast Guard' and 'Coast Guard vessel' substituted in text for 'Revenue Cutter Service' and 'revenue cutter', respectively, the Revenue Cutter Service and Life-Saving Service having been combined to form the Coast Guard by act Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800. That act was repealed by act Aug. 4, 1949, ch. 393, Sec. 20, 63 Stat. 561, section 1 of which reestablished the Coast Guard by enacting Title 14, Coast Guard. 'Secretary of Transportation' substituted for 'Secretary of the Treasury' in provision covering enforcement of rules and regulations by Coast Guard pursuant to section 6(b)(1) of Pub. L. 89-670, which transferred to Secretary of Transportation functions, powers, and duties of Secretary of the Treasury and of other offices and officers of Department of the Treasury relating to Coast Guard. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. Section 6(g)(1)(A) of Pub. L. 89-670, transferred functions, powers, and duties of Secretary of the Army (formerly War) and other officers and offices of Department of the Army (formerly War) relating generally to water vessel anchorages under this section to Secretary of Transportation. Pub. L. 97-449 amended this section to reflect the transfer made by section 6(g)(1)(A) of Pub. L. 89-670, and repealed section 6(g)(1)(A). -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Control by Coast Guard of anchorage and movement of vessels in territorial waters for safety of naval vessels, see section 91 of Title 14, Coast Guard. Regulations for Saint Marys River by Secretary of Commerce, see section 474 of this title. Special anchorage areas under navigation rules, inland waters generally, see section 2030 of this title. ------DocID 39952 Document 310 of 1330------ -CITE- 33 USC Sec. 472 -EXPCITE- TITLE 33 CHAPTER 10 -HEAD- Sec. 472. Marking anchorage grounds by Commandant of the Coast Guard -STATUTE- The Commandant of the Coast Guard shall provide, establish, and maintain, out of the annual appropriations for the Coast Guard, buoys or other suitable marks for marking anchorage grounds for vessels in waters of the United States, when such anchorage grounds have been defined and established by proper authority in accordance with the laws of the United States. -SOURCE- (Sept. 15, 1922, ch. 313, 42 Stat. 844; 1939 Reorg. Plan No. II, Sec. 2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432.) -TRANS- TRANSFER OF FUNCTIONS 'Commandant of the Coast Guard' and 'Coast Guard' substituted in text for 'Commissioner of Lighthouses' and 'Lighthouse Service', respectively, on authority of Reorg. Plan No. II of 1939, Sec. 2(a), set out in the Appendix to Title 5, Government Organization and Employees, which transferred and consolidated the Bureau of Lighthouses (of which the Lighthouse Service was a part and of which the Commissioner of Lighthouses was the head) and its functions with the Coast Guard (of which the Commandant was the Chief). For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard, and Commandant of Coast Guard, excepted from transfer when Coast Guard is operating as part of Navy under sections 1 and 3 of Title 14, Coast Guard. Coast Guard transferred to Department of Transportation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of the Navy in time of war or when President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. ------DocID 39953 Document 311 of 1330------ -CITE- 33 USC Sec. 473 -EXPCITE- TITLE 33 CHAPTER 10 -HEAD- Sec. 473. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 637 -MISC1- Section, act Mar. 2, 1895, ch. 172, Sec. 2, 28 Stat. 740, provided that the powers and authority conferred upon the harbor master, District of Columbia, may in his absence or disability by exercised by the pilot of the harbor police boat. See section 22-1701 of the District of Columbia Code. ------DocID 39954 Document 312 of 1330------ -CITE- 33 USC Sec. 474 -EXPCITE- TITLE 33 CHAPTER 10 -HEAD- Sec. 474. Anchorage and general regulations for St. Marys River -STATUTE- The Commandant of the Coast Guard is authorized and directed to adopt and prescribe suitable rules and regulations governing the movements and anchorage of vessels and rafts in Saint Marys River from Point Iroquois, on Lake Superior, to Point Detour, on Lake Huron, and for the purpose of enforcing the observance of such regulations the Secretary of Transportation is authorized to detail one or more Coast Guard vessels for duty upon the request of the Commandant of the Coast Guard on said river. All officers of the Coast Guard who are directed to enforce the regulations prescribed by the above rules are empowered and directed, in case of necessity, or when a proper notice has been disregarded, to use the force at their command to remove from channels or stop any vessel found violating the prescribed rules. In the event of the violation of any such regulations or rules of the Commandant of the Coast Guard by the owners, master, or person in charge of such vessel, such owners, master, or person in charge shall be liable to a penalty not exceeding $200: Provided, That the Commandant of the Coast Guard may remit said fine on such terms as he may prescribe: Provided also, That nothing in this section shall be construed to amend or repeal chapter (FOOTNOTE 1) 4 of this title. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Mar. 6, 1896, ch. 49, Sec. 1-3, 29 Stat. 54, 55; Apr. 26, 1906, ch. 1874, Sec. 1, 2, 34 Stat. 136; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Oct. 14, 1949, ch. 393, Sec. 1, 20, 63 Stat. 496, 561; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(b)(1), 80 Stat. 938.) -REFTEXT- REFERENCES IN TEXT Chapter 4 of this title, referred to in last par., was in the original 'the Act entitled 'An Act to regulate navigation on the Great Lakes, and their connecting and tributary waters as far east as Montreal,' approved February eighth, eighteen hundred and ninety-five', which was classified generally to chapter 4 (Sec. 241 et seq.) of this title and was repealed by Pub. L. 96-591, Sec. 8(b), Dec. 24, 1980, 94 Stat. 3435, eff. Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8, 1982. See section 7 of Pub. L. 96-591, set out as an Effective Date note under section 2001 of this title. -TRANS- TRANSFER OF FUNCTIONS 'Coast Guard vessels' and 'Coast Guard' substituted in text for 'revenue cutters' and 'Revenue-Cutter Service', respectively, the Revenue Cutter Service and Life-Saving Service having been combined to form the Coast Guard by act Jan. 28, 1915, ch. 20, Sec. 1, 38 Stat. 800. That act was repealed by act Aug. 4, 1949, ch. 393, Sec. 20, 63 Stat. 561, section 1 of which reestablished the Coast Guard by enacting Title 14, Coast Guard. Secretary of Commerce and Labor designated Secretary of Commerce by act Mar. 4, 1913, which created Department of Labor. Functions of Secretary of Commerce under this section transferred to Commandant of Coast Guard by Reorg. Plan No. 3 of 1946, Sec. 101-104, set out in the Appendix to Title 5, Government Organization and Employees. For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard, and Commandant of Coast Guard, excepted from transfer when Coast Guard is operating as part of Navy under sections 1 and 3 of Title 14, Coast Guard. Coast Guard transferred to Department of Transportation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. -CROSS- CROSS REFERENCES Anchorage grounds and regulations generally, see section 471 of this title. ------DocID 39955 Document 313 of 1330------ -CITE- 33 USC Sec. 475 -EXPCITE- TITLE 33 CHAPTER 10 -HEAD- Sec. 475. Regulations for Pearl Harbor, Hawaii -STATUTE- For the proper control, protection, and defense of the naval station, harbor, and entrance channel at Pearl Harbor, Territory of Hawaii, the Secretary of the Navy is authorized, empowered, and directed to adopt and prescribe suitable rules and regulations governing the navigation, movement, and anchorage of vessels of whatsoever character in the waters of Pearl Harbor, island of Oahu, Hawaiian Islands, and in the entrance channel to said harbor, and to take all necessary measures for the proper enforcement of such rules and regulations. -SOURCE- (Aug. 22, 1912, ch. 335, 37 Stat. 341.) -COD- CODIFICATION Section is from the Naval Appropriation Act for 1913. -MISC3- ADMISSION OF HAWAII AS STATE Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, Territories and Insular Possessions. ------DocID 39956 Document 314 of 1330------ -CITE- 33 USC Sec. 476 -EXPCITE- TITLE 33 CHAPTER 10 -HEAD- Sec. 476. Restrictions on tanker traffic in Puget Sound and adjacent waters -STATUTE- (a) The Congress finds that - (1) the navigable waters of Puget Sound in the State of Washington, and the natural resources therein, are a fragile and important national asset; (2) Puget Sound and the shore area immediately adjacent thereto is threatened by increased domestic and international traffic of tankers carrying crude oil in bulk which increases the possibility of vessel collisions and oil spills; and (3) it is necessary to restrict such tanker traffic in Puget Sound in order to protect the navigable waters thereof, the natural resources therein, and the shore area immediately adjacent thereto, from environmental harm. (b) Notwithstanding any other provision of law, on and after October 18, 1977, no officer, employee, or other official of the Federal Government shall, or shall have authority to, issue, renew, grant, or otherwise approve any permit, license, or other authority for constructing, renovating, modifying, or otherwise altering a terminal, dock, or other facility in, on, or immediately adjacent to, or affecting the navigable waters of Puget Sound, or any other navigable waters in the State of Washington east of Port Angeles, which will or may result in any increase in the volume of crude oil capable of being handled at any such facility (measured as of October 18, 1977), other than oil to be refined for consumption in the State of Washington. -SOURCE- (Pub. L. 95-136, Sec. 5, Oct. 18, 1977, 91 Stat. 1168.) ------DocID 39957 Document 315 of 1330------ -CITE- 33 USC CHAPTER 11 -EXPCITE- TITLE 33 CHAPTER 11 -HEAD- CHAPTER 11 - BRIDGES OVER NAVIGABLE WATERS -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 491. Approval of and deviation from plans; exemptions. 492. Bridge as post route; limitation as to charges against Government; telegraph and telephone lines. 493. Use of railroad bridges by other railroad companies. 494. Obstruction of navigation; alterations and removals; lights and signals; draws. 495. Violations of orders respecting bridges and accessory works. (a) Criminal penalties for violation; misdemeanor; fine; new offenses; jurisdiction: suits for recovery of removal expenses, enforcement of removal, and obstruction-to-navigation causes or questions. (b) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions. 496. Time for commencement and completion of bridge. 497. 'Persons' defined. 498. Reservation of right to alter or repeal. 498a, 498b. Repealed. 499. Regulations for drawbridges. (a) Criminal penalties for violations; enforcement; rules and regulations. (b) Nonstructural vessel appurtenances; unreasonable delays. (c) Civil penalties for violation; notice and hearing; assessment, collection, and remission; civil actions. 500. Deflection of current; liability to riparian owners. 501. Omitted. 502. Alteration, removal, or repair of bridge or accessory obstructions to navigation. (a) Criminal penalties for violation; alteration or removal requirements; notice and hearing; specification of changes; time for compliance; notice to United States Attorney; misdemeanor; fine; new offenses. (b) Proper repair requirement. (c) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions. 503 to 507. Repealed. 508. Amount of tolls. SUBCHAPTER II - ALTERATION OF BRIDGES 511. Definitions. 512. Obstruction of navigation. 513. Notice, hearings, and findings. 514. Submission and approval of general plans and specifications. 515. Contracts for project; guaranty of cost. 516. Apportionment of cost. 517. Payment of share of United States. 518. Authorization of appropriations. 519. Noncompliance with orders; penalties; removal of bridge. 520. Review of findings and orders. 521. Regulations and orders. 522. Existing provisions of law. (a) Obstructing navigation; criminal penalties. (b) Construction, reconstruction, or alteration of bridges not completed on July 1, 1939; apportionment of costs. (c) Construction, reconstruction, or alteration of bridges not begun on July 1, 1939. 523. Relocation of bridges. 524. Applicability of administrative procedure provisions. SUBCHAPTER III - GENERAL BRIDGE AUTHORITY 525. Construction and operation of bridges. (a) Consent of Congress. (b) Approval of plans. (c) Private highway toll bridges. 526, 526a. Repealed. 527. Acquisition of interstate bridges by public agencies; amount of damages. 528. Statement of construction costs of privately owned interstate bridges; investigation of costs; conclusiveness of findings; review. 529. Repealed. 530. Bridges included and excluded. 531. International bridges. 532. Eminent domain. 533. Penalties for violations. (a) Criminal penalties for violation. (b) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions. 534. Conveyance of right, title, and interest of United States in bridges transferred to States or political subdivisions; terms and conditions. SUBCHAPTER IV - INTERNATIONAL BRIDGES 535. Congressional consent to construction, maintenance, and operation of international bridges; conditions of consent. 535a. Congressional consent to State agreements with Canada and Mexico; Secretary of State's approval of agreements. 535b. Presidential approval; recommendations of Federal officials. 535c. Secretary of Transportation's approval; commencement and completion requirements; extension of time limits. 535d. Repealed. 535e. Ownership. (a) Sale, assignment, or transfer; Secretary of Transportation's approval. (b) State status of original applicant upon acquisition of right, title, and interest after termination of private entity licenses, contracts, or orders. 535f. Applicability of provisions. 535g. Federal navigable waters and commerce jurisdiction unaffected. 535h. Report of Secretary of Transportation's approval during fiscal year. 535i. Reservation of right to alter or repeal. ------DocID 39958 Document 316 of 1330------ -CITE- 33 USC SUBCHAPTER I -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL PROVISIONS ------DocID 39959 Document 317 of 1330------ -CITE- 33 USC Sec. 491 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 491. Approval of and deviation from plans; exemptions -STATUTE- When, after March 23, 1906, authority is granted by Congress to any persons to construct and maintain a bridge across or over any of the navigable waters of the United States, such bridge shall not be built or commenced until the plans and specifications for its construction, together with such drawings of the proposed construction and such map of the proposed location as may be required for a full understanding of the subject, have been submitted to the Secretary of Transportation for the Secretary's approval, nor until the Secretary shall have approved such plans and specifications and the location of such bridge and accessory works; and when the plans for any bridge to be constructed under the provisions of sections 491 to 498 of this title, have been approved by the Secretary it shall not be lawful to deviate from such plans, either before or after completion of the structure, unless the modification of such plans has previously been submitted to and received the approval of the Secretary. This section shall not apply to any bridge over waters which are not subject to the ebb and flow of the tide and which are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce. -SOURCE- (Mar. 23, 1906, ch. 1130, Sec. 1, 34 Stat. 84; Oct. 15, 1982, Pub. L. 97-322, title I, Sec. 107(c), 96 Stat. 1582; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440; Oct. 30, 1984, Pub. L. 98-557, Sec. 17(g)(1), 98 Stat. 2869.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-557 substituted 'for the Secretary's approval, nor until the Secretary' for 'and Chief of Engineers for their approval, nor until they' and struck out 'by the Chief of Engineers and' after 'have been approved', 'of the Chief of Engineers and' after 'received the approval', and 'of Transportation' after 'by the Secretary' and after 'of the Secretary'. 1983 - Pub. L. 97-449 substituted 'Secretary of Transportation' for 'Secretary of War' wherever appearing. See Transfer of Functions note below. 1982 - Pub. L. 97-322 inserted sentence at end relating to exemption. SHORT TITLE Sections 491 to 498 of this title are popularly known as the 'Bridge Act of 1906' and the 'General Bridge Act of 1906'. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army (formerly War) and other offices and officers of Department of the Army (formerly War) under this section 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)(B), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(6)(B) of Pub. L. 89-670, and repealed section 6(g)(6)(B). -CROSS- CROSS REFERENCES Construction of bridges, causeways, dams or dikes generally, see section 401 of this title. Criminal liability for failure to alter bridge obstructing navigation, see section 502 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 492, 493, 494, 495, 497, 498, 508, 530, 535, 535c of this title. ------DocID 39960 Document 318 of 1330------ -CITE- 33 USC Sec. 492 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 492. Bridge as post route; limitation as to charges against Government; telegraph and telephone lines -STATUTE- Any bridge built in accordance with the provisions of sections 491 to 498 of this title, shall be a lawful structure and shall be recognized and known as a post route, upon which no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over any railroad, street railway, or public highway leading to said bridge; and the United States shall have the right to construct, maintain, and repair, without any charge therefor, telegraph and telephone lines across and upon said bridge and its approaches; and equal privileges in the use of said bridge and its approaches shall be granted to all telegraph and telephone companies. -SOURCE- (Mar. 23, 1906, ch. 1130, Sec. 2, 34 Stat. 85.) -CROSS- CROSS REFERENCES Government traffic and personnel subject to tolls - Golden Gate Bridge, see sections 1002 to 1004 of Title 15, Commerce and Trade. San Francisco to Oakland Bay Bridge, see sections 1005 to 1007 of Title 15. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 491, 493, 494, 495, 497, 498, 508, 530, 535 of this title. ------DocID 39961 Document 319 of 1330------ -CITE- 33 USC Sec. 493 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 493. Use of railroad bridges by other railroad companies -STATUTE- All railroad companies desiring the use of any railroad bridge built in accordance with the provisions of sections 491 to 498 of this title, shall be entitled to equal rights and privileges relative to the passage of railway trains or cars over the same and over the approaches thereto upon payment of a reasonable compensation for such use; and in case of any disagreement between the parties in regard to the terms of such use or the sums to be paid all matters at issue shall be determined by the Secretary of Transportation upon hearing the allegations and proofs submitted to him. -SOURCE- (Mar. 23, 1906, ch. 1130, Sec. 3, 34 Stat. 85; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440.) -MISC1- AMENDMENTS 1983 - Pub. L. 97-449 substituted 'Secretary of Transportation' for 'Secretary of War'. See Transfer of Functions note below. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army (formerly War) and other offices and officers of Department of the Army (formerly War) under this section 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)(B), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(6)(B) of Pub. L. 89-670, and repealed section 6(g)(6)(B). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 491, 492, 494, 495, 497, 498, 508, 530, 535 of this title. ------DocID 39962 Document 320 of 1330------ -CITE- 33 USC Sec. 494 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 494. Obstruction of navigation; alterations and removals; lights and signals; draws -STATUTE- No bridge erected or maintained under the provisions of sections 491 to 498 of this title, shall at any time unreasonably obstruct the free navigation of the waters over which it is constructed, and if any bridge erected in accordance with the provisions of said sections, shall, in the opinion of the Secretary of Transportation at any time unreasonably obstruct such navigation, either on account of insufficient height, width of span, or otherwise, or if there be difficulty in passing the draw opening or the drawspan of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the Secretary of Transportation after giving the parties interested reasonable opportunity to be heard, to notify the persons owning or controlling such bridge to so alter the same as to render navigation through or under it reasonably free, easy, and unobstructed, stating in such notice the changes required to be made, and prescribing in each case a reasonable time in which to make such changes, and if at the end of the time so specified the changes so required have not been made, the persons owning or controlling such bridge shall be deemed guilty of a violation of said sections; and all such alterations shall be made and all such obstructions shall be removed at the expense of the persons owning or operating said bridge. The persons owning or operating any such bridge shall maintain, at their own expense, such lights and other signals thereon as the Commandant of the Coast Guard shall prescribe. If the bridge shall be constructed with a draw, then the draw shall be opened promptly by the persons owning or operating such bridge upon reasonable signal for the passage of boats and other water craft. -SOURCE- (Mar. 23, 1906, ch. 1130, Sec. 4, 34 Stat. 85; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440; Apr. 2, 1987, Pub. L. 100-17, title I, Sec. 135(a), 101 Stat. 173.) -MISC1- PRIOR PROVISIONS Act July 5, 1884, ch. 229, Sec. 8, 23 Stat. 148, relating to authority of Secretary of War to require owners of bridges which obstruct navigation to relieve the situation or be penalized, was probably omitted from the Code as superseded by this section and section 495 of this title, which by section 498b of this title were made applicable to bridges authorized prior to March 23, 1906. Section would seem to supersede a provision of act Aug. 7, 1882, ch. 433, Sec. 1, 22 Stat. 309, which read as follows: 'That all parties owning, occupying, or operating bridges over any navigable river shall maintain at their own expense, from sunset to sunrise, throughout the year, such lights on their bridges as may be required by the Light-House Board for the security of navigation: and in addition thereto all persons owning, occupying, or operating any bridge over any navigable river shall, in any event, maintain all lights on their bridge that may be necessary for the security of navigation.' AMENDMENTS 1987 - Pub. L. 100-17 struck out last sentence relating to tolls. 1983 - Pub. L. 97-449 substituted 'Secretary of Transportation' for 'Secretary of War' wherever appearing. See Transfer of Functions note below. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army (formerly War) and other offices and officers of Department of the Army (formerly War) relating to reasonableness of tolls and to location and clearances of bridges and causeways in navigable waters of United States under this section transferred to and vested in Secretary of Transportation by section 6(g)(4)(A), (6)(B) of Pub. L. 89-670. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(4)(A), (6)(B) of Pub. L. 89-670, and repealed section 6(g)(4)(A), (6)(B). Coast Guard transferred to Department of Transportation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard, and Commandant of Coast Guard, excepted from transfer when Coast Guard is operating as part of Navy under sections 1 and 3 of Title 14, Coast Guard. 'Commandant of the Coast Guard' substituted in text for 'Secretary of Commerce' on authority of Reorg. Plan No. 3 of 1946, Sec. 101 to 104, set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Commerce and Labor redesignated Secretary of Labor by act Mar. 4, 1913, which enacted Department of Labor. -MISC5- CONNECTICUT RIVER BRIDGES Acts Aug. 7, 1939, ch. 503, 53 Stat. 1234, and Apr. 24, 1946, ch. 214, 60 Stat. 122, were amended by act Aug. 9, 1955, ch. 631, 69 Stat. 552, to provide that the last sentence of this section should not be applicable to bridges constructed pursuant to acts Aug. 7, 1939 and Apr. 24, 1946. -CROSS- CROSS REFERENCES Section inapplicable to any bridge to which provisions of sections 511 to 523 of this title are applicable, see section 522 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 491, 492, 493, 495, 497, 498, 508, 522, 530, 535 of this title. ------DocID 39963 Document 321 of 1330------ -CITE- 33 USC Sec. 495 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 495. Violations of orders respecting bridges and accessory works -STATUTE- (a) Criminal penalties for violation; misdemeanor; fine; new offenses; jurisdiction: suits for recovery of removal expenses, enforcement of removal, and obstruction-to-navigation causes or questions Any persons who shall willfully fail or refuse to comply with the lawful order of the Secretary of Transportation or the Chief of Engineers, made in accordance with the provisions of sections 491 to 498 of this title, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent jurisdiction by a fine not exceeding $5,000, and every month such persons shall remain in default shall be deemed a new offense and subject such persons to additional penalties therefor; and in addition to the penalties above described the Secretary of Transportation and the Chief of Engineers may, upon refusal of the persons owning or controlling any such bridge and accessory works to comply with any lawful order issued by the Secretary of Transportation or Chief of Engineers in regard thereto, cause the removal of such bridge and accessory works at the expense of the persons owning or controlling such bridge, and suit for such expense may be brought in the name of the United States against such persons, and recovery had for such expense in any court of competent jurisdiction; and the removal of any structures erected or maintained in violation of the provisions of said sections, or the order or direction of the Secretary of Transportation or Chief of Engineers made in pursuance thereof may be enforced by injunction, mandamus, or other summary process, upon application to the district court in the district in which such structure may, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary of Transportation; and in case of any litigation arising from any obstruction or alleged obstruction to navigation created by the construction of any bridge under said sections, the cause or question arising may be tried before the district court of the United States in any district which any portion of said obstruction or bridge touches. (b) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any provision of sections 491 to 498 of this title, or any order issued under sections 491 to 498 of this title, shall be liable to a civil penalty of not more than $1,000. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of Transportation may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty. -SOURCE- (Mar. 23, 1906, ch. 1130, Sec. 5, 34 Stat. 85; Mar. 3, 1911, ch. 231, Sec. 289, 291, 36 Stat. 1167; Oct. 15, 1982, Pub. L. 97-322, title I, Sec. 108(c), 96 Stat. 1584; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440.) -COD- CODIFICATION The words 'district court' were substituted for 'circuit court,' upon incorporation into the Code, the Circuit Courts being abolished by act Mar. 3, 1911, and their powers and duties transferred to the district courts by section 291 of that act. -MISC3- AMENDMENTS 1983 - Subsec. (a). Pub. L. 97-449 substituted 'Secretary of Transportation' for 'Secretary of War' wherever appearing. See Transfer of Functions note below. 1982 - Subsec. (a). Pub. L. 97-322, Sec. 108(c)(1)-(3), designated existing provisions as subsec. (a), provided for punishment of persons who shall 'willfully' fail to comply with lawful orders, and struck out 'shall be deemed guilty of a violation of said sections, and any persons who shall be guilty of a violation of said sections' after 'sections 491 to 498 of this title,'. Subsec. (b). Pub. L. 97-322, Sec. 108(c)(4), added subsec. (b). -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army (formerly War) and other offices and officers of Department the Army (formerly War) under this section 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)(B), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(6)(B) of Pub. L. 89-670, and repealed section 6(g)(6)(B). -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Abolition of writ of mandamus, see Rule 81(b), Title 28, Appendix, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 491, 492, 493, 494, 497, 498, 508, 530, 535 of this title. ------DocID 39964 Document 322 of 1330------ -CITE- 33 USC Sec. 496 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 496. Time for commencement and completion of bridge -STATUTE- Whenever Congress shall after March 23, 1906, by law authorize the construction of any bridge over or across any of the navigable waters of the United States, and no time for the commencement and completion of such bridge is named in said Act, the authority thereby granted shall cease and be null and void unless the actual construction of the bridge authorized in such Act be commenced within one year and completed within three years from the date of the passage of such Act. -SOURCE- (Mar. 23, 1906, ch. 1130, Sec. 6, 34 Stat. 86.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 491, 492, 493, 494, 495, 497, 498, 508, 530, 535 of this title. ------DocID 39965 Document 323 of 1330------ -CITE- 33 USC Sec. 497 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 497. 'Persons' defined -STATUTE- The word 'persons' as used in sections 491 to 498 of this title, shall be construed to import both the singular and the plural, as the case demands, and shall include municipalities, quasi-municipal corporations, corporations, companies, and associations. -SOURCE- (Mar. 23, 1906, ch. 1130, Sec. 7, 34 Stat. 86.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 491, 492, 493, 494, 495, 498, 508, 530, 535 of this title. ------DocID 39966 Document 324 of 1330------ -CITE- 33 USC Sec. 498 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 498. Reservation of right to alter or repeal -STATUTE- The right to alter, amend, or repeal sections 491 to 498 of this title, is expressly reserved as to any and all bridges which may be built in accordance with the provisions of said sections, and the United States shall incur no liability for the alteration, amendment, or repeal thereof to the owner or owners or any other persons interested in any bridge which shall have been constructed in accordance with its provisions. -SOURCE- (Mar. 23, 1906, ch. 1130, Sec. 8, 34 Stat. 86.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 491, 492, 493, 494, 495, 497, 508, 530, 535 of this title. ------DocID 39967 Document 325 of 1330------ -CITE- 33 USC Sec. 498a -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 498a. Repealed. Pub. L. 100-17, title I, Sec. 135(b), Apr. 2, 1987, 101 Stat. 174 -MISC1- Section, act June 10, 1930, ch. 441, Sec. 17, 46 Stat. 552, provided that, in the case of bridges authorized prior to June 10, 1930, by Acts of Congress, where Congress has specifically reserved the right to regulate tolls, such bridges, with respect to regulation of all tolls, be subject to sections 491 to 498 of this title. ------DocID 39968 Document 326 of 1330------ -CITE- 33 USC Sec. 498b -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 498b. Repealed. Pub. L. 100-17, title I, Sec. 135(c), Apr. 2, 1987, 101 Stat. 174 -MISC1- Section, act June 27, 1930, ch. 640, Sec. 1, 46 Stat. 821, provided that, in case of any bridge authorized prior to Mar. 23, 1906, by Act of Congress, where Congress has specifically reserved the right to alter, amend, or repeal such Act, regulation of all tolls be subject to sections 491 to 498 of this title. ------DocID 39969 Document 327 of 1330------ -CITE- 33 USC Sec. 499 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 499. Regulations for drawbridges -STATUTE- (a) Criminal penalties for violations; enforcement; rules and regulations It shall be the duty of all persons owning, operating, and tending the drawbridges built prior to August 18, 1894, or which may thereafter be built across the navigable rivers and other waters of the United States, to open, or cause to be opened, the draws of such bridges under such rules and regulations as in the opinion of the Secretary of Transportation the public interests require to govern the opening of drawbridges for the passage of vessels and other water crafts, and such rules and regulations, when so made and published, shall have the force of law. Every such person who shall willfully fail or refuse to open, or cause to be opened, the draw of any such bridge for the passage of a boat or boats, as provided in such regulations, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $2,000 nor less than $1,000, or by imprisonment (in the case of a natural person) for not exceeding one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That the proper action to enforce the provisions of this subsection may be commenced before any magistrate judge, judge, or court of the United States, and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States: Provided further, That whenever, in the opinion of the Secretary of Transportation, the public interests require it, he may make rules and regulations to govern the opening of drawbridges for the passage of vessels and other water crafts, and such rules and regulations, when so made and published, shall have the force of law, and any willful violation thereof shall be punished as hereinbefore provided: Provided further, That any regulations made in pursuance of this section may be enforced as provided in section 413 of this title, the provisions whereof are made applicable to the said regulations. Any rules and regulations made in pursuance of this section shall, to the extent practical and feasible, provide for regularly scheduled openings of drawbridges during seasons of the year, and during times of the day, when scheduled openings would help reduce motor vehicle traffic delays and congestion on roads and highways linked by drawbridges. (b) Nonstructural vessel appurtenances; unreasonable delays No vessel owner or operator shall signal a drawbridge to open for any nonstructural vessel appurtenance which is not essential to navigation or which is easily lowered and no person shall unreasonably delay the opening of a draw after the signal required by rules or regulations under this section has been given. The Secretary of Transportation shall issue rules and regulations to implement this subsection. (c) Civil penalties for violation; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any rule or regulation issued under subsection (a) or (b) of this section, shall be liable to a civil penalty of not more than $1,000. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of Transportation may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty. -SOURCE- (Aug. 18, 1894, ch. 299, Sec. 5, 28 Stat. 362; June 13, 1902, ch. 1079, Sec. 6, 32 Stat. 374; Oct. 17, 1968, Pub. L. 90-578, title IV, Sec. 402(b)(2), 82 Stat. 1118; Oct. 15, 1982, Pub. L. 97-322, title I, Sec. 108(a), 96 Stat. 1582; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440; Sept. 28, 1988, Pub. L. 100-448, Sec. 21, 102 Stat. 1846; Dec. 1, 1990, Pub. L. 101-650, title III, Sec. 321, 104 Stat. 5117.) -COD- CODIFICATION The last proviso of subsec. (a) of this section was from a part of section 6 of act June 13, 1902, which reads as follows: 'Any regulations heretofore or hereafter prescribed by the Secretary of War in pursuance of the fourth and fifth sections of the river and harbor Act of August eighteenth, eighteen hundred and ninety-four (this section and section 1 of this title), and any regulations hereafter prescribed in pursuance of the aforesaid section four as amended by section eleven of this Act (section 1 of this title), may be enforced as provided in section seventeen of the river and harbor Act of March third, eighteen hundred and ninety-nine (section 413 of this title), the provisions whereof are hereby made applicable to the said regulations.' The last paragraph of section 1 of this title is also from a part of section 6 of act June 13, 1902. Except for the last proviso of subsec. (a), this section was from act Aug. 18, 1894. -MISC3- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-448 inserted at end 'Any rules and regulations made in pursuance of this section shall, to the extent practical and feasible, provide for regularly scheduled openings of drawbridges during seasons of the year, and during times of the day, when scheduled openings would help reduce motor vehicle traffic delays and congestion on roads and highways linked by drawbridges.' 1983 - Subsec. (a). Pub. L. 97-449 substituted 'Secretary of Transportation' for 'Secretary of War' wherever appearing. See Transfer of Functions note below. 1982 - Subsec. (a). Pub. L. 97-322, Sec. 108(a)(1)-(4), designated existing provisions as subsec. (a); struck out from second sentence after 'boats,' the clause 'or who shall unreasonably delay the opening of said draw after reasonable signal shall have been given,'; substituted in first proviso 'subsection' for 'section'; and in second proviso provided for punishment of 'willful' violation of rules and regulations. Subsecs. (b), (c). Pub. L. 97-322, Sec. 108(a)(5), added subsecs. (b) and (c). -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. -TRANS- TRANSFER OF FUNCTIONS Section 6(g)(2) of Pub. L. 89-670 transferred functions, powers, and duties of Secretary of the Army (formerly War) and other officers and offices of Department of the Army (formerly War) relating to drawbridge operating regulations under this section to Secretary of Transportation. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(2) of Pub. L. 89-670, and repealed section 6(g)(2). ------DocID 39970 Document 328 of 1330------ -CITE- 33 USC Sec. 500 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 500. Deflection of current; liability to riparian owners -STATUTE- Whenever complaint shall be made to the Secretary of the Army that by reason of the placing in any navigable waters of the United States of any bridge pier or abutment, the current of such waters has been so deflected from its natural course as to cause by producing caving of banks or otherwise serious damage or danger to property, it shall be his duty to make inquiry, and if it shall be ascertained that the complaint is well founded, he shall cause the owners or persons operating such bridge to repair such damage or prevent such danger to property by such means as he shall indicate and within such time as he may name, and in default thereof the owners or persons operating such bridge shall be liable in any court of competent jurisdiction to the persons injured in a sum double the amount of said injury: Provided, however, That nothing herein contained shall be construed so as to affect any rights of action which may have existed prior to August 11, 1888. -SOURCE- (Aug. 11, 1888, ch. 860, Sec. 2, 25 Stat. 423; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat 501.) -COD- CODIFICATION Section was from the River and Harbor Appropriation Act of 1888. -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 sections 491 to 498 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)(B), Oct. 15, 1966, 80 Stat. 931. Pub. L. 97-449 amended sections 491 to 498 of this title to reflect transfer made by section 6(g)(6)(B) of Pub. L. 89-670, and repealed section 6(g)(6)(B). ------DocID 39971 Document 329 of 1330------ -CITE- 33 USC Sec. 501 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 501. Omitted -COD- CODIFICATION Section, R.S. Sec. 5250, gave assent of Congress to construction of bridges across the Maquoketa River in Iowa. ------DocID 39972 Document 330 of 1330------ -CITE- 33 USC Sec. 502 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 502. Alteration, removal, or repair of bridge or accessory obstructions to navigation -STATUTE- (a) Criminal penalties for violation; alteration or removal requirements; notice and hearing; specification of changes; time for compliance; notice to United States attorney; misdemeanor; fine; new offenses Whenever the Secretary of Transportation shall have good reason to believe that any railroad or other bridge over any of the navigable waterways of the United States is an unreasonable obstruction to the free navigation of such waters on account of insufficient height, width of span, or otherwise, or where there is difficulty in passing the draw opening or the draw span of such bridge by rafts, steamboats, or other water craft, it shall be the duty of the said Secretary, first giving the parties reasonable opportunity to be heard, to give notice to the persons or corporations owning or controlling such bridge so to alter the same as to render navigation through or under it reasonably free, easy, and unobstructed; and in giving such notice he shall specify the changes that are required to be made, and shall prescribe in each case a reasonable time in which to make them. If at the end of such time the alteration has not been made, the Secretary of Transportation shall forthwith notify the United States attorney for the district in which such bridge is situated, to the end that the criminal proceedings hereinafter in this section mentioned may be taken. If the persons, corporation, or association owning or controlling any railroad or other bridge shall, after receiving notice to that effect, as hereinbefore required, from the Secretary of Transportation and within the time prescribed by him willfully fail or refuse to remove the same or to comply with the lawful order of the Secretary of the Army in the premises, such persons, corporation, or association shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding $5,000, and every month such persons, corporation, or association shall remain in default in respect to the removal or alteration of such bridge shall be deemed a new offense, and subject the persons, corporation, or association so offending to the penalties above prescribed. (b) Proper repair requirement No owner or operator of any bridge, drawbridge, or causeway shall endanger, unreasonably obstruct, or make hazardous the free navigation of any navigable water of the United States by reason of the failure to keep the bridge, drawbridge, or causeway and any accessory works in proper repair. (c) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any provision of this section, or any order issued under this section, shall be liable to a civil penalty of not more than $1,000. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of Transportation may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 18, 30 Stat. 1153; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54; June 25, 1948, ch. 646, Sec. 1, 39, 62 Stat. 909, 992; Oct. 15, 1982, Pub. L. 97-322, title I, Sec. 108(b), 96 Stat. 1583.) -COD- CODIFICATION Section is from act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'. The words 'or from the existing circuit courts,' which followed 'district courts' in the proviso were superseded by the abolition of the circuit courts and the transfer of their jurisdiction to the district courts, by act Mar. 3, 1911. -MISC3- PRIOR PROVISIONS This section superseded act Aug. 11, 1888, ch. 860, Sec. 9, 10, 25 Stat. 424, as amended by act Sept. 19, 1890, ch. 907, Sec. 4, 5, 26 Stat. 453, which required the Secretary of War to provide against obstructions to navigation by bridges, and prescribed a punishment on the owner's default in making the required alterations. The Secretary of War was authorized to make the required changes in bridges obstructing navigation on the owner's failure to do so, and the Attorney General was required to institute proceedings against the owner for the recovery of the cost of such changes, by act July 5, 1884, ch. 229, Sec. 8, 23 Stat. 148. AMENDMENTS 1982 - Subsec. (a). Pub. L. 97-322 designated existing provisions as subsec. (a), substituted 'Secretary of Transportation' for 'Secretary of War' wherever appearing, and struck out 'recommended by the Chief of Engineers' after 'specify the charges'. Subsecs. (b), (c). Pub. L. 97-322 added subsecs. (b) and (c). 1948 - Act June 25, 1948, Sec. 39, repealed proviso at end relating to appeals. See sections 1252 and 1253 of title 28. -CHANGE- CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted 'United States attorney' for 'district attorney of the United States'. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes thereunder. -MISC4- EFFECTIVE DATE OF 1948 AMENDMENT Amendment by act June 25, 1948 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure. LIMITATION ON APPLICATION Section as not applicable to bridges constructed under sections 491 to 498 of this title, see section 494 of this title. -CROSS- CROSS REFERENCES Obstruction of navigation by means of a bridge prohibited, see sections 494 and 495 of this title. Section inapplicable to any bridge to which provisions of sections 511 to 523 of this title are applicable, see section 522 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 409, 412, 418, 522 of this title. ------DocID 39973 Document 331 of 1330------ -CITE- 33 USC Sec. 503 to 507 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 503 to 507. Repealed. Pub. L. 100-17, title I, Sec. 135(d), Apr. 2, 1987, 101 Stat. 174 -MISC1- Section 503, act Aug. 21, 1935, ch. 597, Sec. 1, 49 Stat. 670, provided that, on and after Aug. 21, 1935, tolls over any bridge over any of the navigable waters of the United States, if such bridge is used for travel or transporation in interstate or foreign commerce, be just and reasonable and specified bridges to which sections 503 to 507 of this title not apply. Section 504, acts Aug. 21, 1935, ch. 597, Sec. 2, 49 Stat. 671; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440, authorized Secretary of Transportation to determine reasonableness of any toll charged for passage or transit over any bridge to which sections 503 to 507 of this title applied and to prescribe an order establishing a reasonable toll, which order was to take effect thirty days after issuance. Section 505, acts Aug. 21, 1935, ch. 597, Sec. 3, 49 Stat. 671; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440, provided for judicial review of orders of the Secretary of Transporation prescribing reasonable tolls. Section 506, acts Aug. 21, 1935, ch. 597, Sec. 4, 49 Stat. 671; Oct. 15, 1970, Pub. L. 91-452, title II, Sec. 235, 84 Stat. 930; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440, authorized Secretary of Transportation to hold hearings in determining reasonableness of tolls, to require attendance of witnesses, and to punish witnesses for failure to attend such hearings. Section 507, act Aug. 21, 1935, ch. 597, Sec. 5, 49 Stat. 672, related to punishment for failure to obey an order prescribing toll. ------DocID 39974 Document 332 of 1330------ -CITE- 33 USC Sec. 508 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER I -HEAD- Sec. 508. Amount of tolls -STATUTE- Tolls for passage or transit over any bridge constructed under the authority of the Act of March 23, 1906 (34 Stat. 84; 33 U.S.C. 491-498), commonly known as the 'Bridge Act of 1906', the General Bridge Act of 1946 (33 U.S.C. 525 et seq.), and the International Bridge Act of 1972 (33 U.S.C. 535 et seq.) shall be just and reasonable. -SOURCE- (Pub. L. 100-17, title I, Sec. 135(i), Apr. 2, 1987, 101 Stat. 174.) -REFTEXT- REFERENCES IN TEXT Act of March 23, 1906 (34 Stat. 84; 33 U.S.C. 491-498), commonly known as the 'Bridge Act of 1906', referred to in text, is act Mar. 23, 1906, ch. 1130, 34 Stat. 84, as amended, which enacted sections 491 to 498 of this title. For complete classification of this Act of the Code, see Short Title note set out under section 491 of this title and Tables. The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is classified generally to subchapter III (Sec. 525 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables. The International Bridge Act of 1972, referred to in text, is Pub. L. 92-434, Sept. 26, 1972, 86 Stat. 731, as amended, which is classified principally to subchapter IV (Sec. 535 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 535 of this title and Tables. ------DocID 39975 Document 333 of 1330------ -CITE- 33 USC SUBCHAPTER II -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- SUBCHAPTER II - ALTERATION OF BRIDGES ------DocID 39976 Document 334 of 1330------ -CITE- 33 USC Sec. 511 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 511. Definitions -STATUTE- When used in this subchapter, unless the context indicates otherwise - The term 'alteration' includes changes of any kind, reconstruction, or removal in whole or in part. The term 'bridge' means a lawful bridge over navigable waters of the United States, including approaches, fenders, and appurtenances thereto, which is used and operated for the purpose of carrying railroad traffic, or both railroad and highway traffic, or if a State, county, municipality, or other political subdivision is the owner or joint owner thereof, which is used and operated for the purpose of carrying highway traffic. The term 'bridge owner' means any State, county, municipality, or other political subdivision, or any corporation, association, partnership, or individual owning, or jointly owning, any bridge, and, when any bridge shall be in the possession or under the control of any trustee, receiver, trustee in a case under title 11, or lessee, such terms shall include both the owner of the legal title and the person or the entity in possession or control of such bridge. The term 'Secretary' means the Secretary of Transportation. The term 'United States', when used in a geographical sense, includes the Territories and possessions of the United States. -SOURCE- (June 21, 1940, ch. 409, Sec. 1, 54 Stat. 497; July 16, 1952, ch. 889, Sec. 1, 66 Stat. 732; Nov. 6, 1978, Pub. L. 95-598, title III, Sec. 323, 92 Stat. 2679; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(2), 96 Stat. 2440.) -MISC1- AMENDMENTS 1983 - Pub. L. 97-449 substituted provision that the term 'Secretary' means the Secretary of Transportation for provision that it meant the Secretary of War acting directly or through the Chief of Engineers. 1978 - Pub. L. 95-598 substituted in definition of 'bridge owner' the phrase 'trustee in a case under title 11' for 'trustee in bankruptcy'. 1952 - Act of July 16, 1952, redefined 'bridge' and 'bridge owner'. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Dates note preceding section 101 of Title 11, Bankruptcy. SHORT TITLE Sections 511 to 523 of this title are popularly known as the 'Hobbs Bridge Act' and also as the 'Truman-Hobbs Act'. -TRANS- TRANSFER OF FUNCTIONS Section 6(g)(3) of Pub. L. 89-670 transferred functions, powers, and duties of Secretary of the Army (formerly War) and other officers and offices of Department of the Army (formerly War) relating to obstructive bridges under this subchapter to Secretary of Transportation. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(3) of Pub. L. 89-670, and repealed section 6(g)(3). ------DocID 39977 Document 335 of 1330------ -CITE- 33 USC Sec. 512 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 512. Obstruction of navigation -STATUTE- No bridge shall at any time unreasonably obstruct the free navigation of any navigable waters of the United States. -SOURCE- (June 21, 1940, ch. 409, Sec. 2, 54 Stat. 498.) ------DocID 39978 Document 336 of 1330------ -CITE- 33 USC Sec. 513 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 513. Notice, hearings, and findings -STATUTE- Whenever any bridge shall, in the opinion of the Secretary, at any time unreasonably obstruct such navigation, it shall be the duty of the Secretary, after notice to interested parties, to hold a hearing at which the bridge owner, those interested in water navigation thereunder or therethrough, those interested in either railroad or highway traffic thereover, and any other party or parties in interest shall have full opportunity to offer evidence and be heard as to whether any alteration of such bridge is needed, and if so what alterations are needed, having due regard to the necessity of free and unobstructed water navigation and to the necessities of the rail or highway traffic. If, upon such hearing, the Secretary determines that any alterations of such bridge are necessary in order to render navigation through or under it reasonably free, easy, and unobstructed, having due regard also for the necessities of rail or highway traffic thereover, he shall so find and shall issue and cause to be served upon interested parties an order requiring such alterations of such bridge as he finds to be reasonably necessary for the purposes of navigation. -SOURCE- (June 21, 1940, ch. 409, Sec. 3, 54 Stat. 498.) ------DocID 39979 Document 337 of 1330------ -CITE- 33 USC Sec. 514 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 514. Submission and approval of general plans and specifications -STATUTE- After the service of an order under this subchapter, it shall be the duty of the bridge owner to prepare and submit to the Secretary of Transportation, within a reasonable time as prescribed by the Secretary, general plans and specifications to provide for the alteration of such bridge in accordance with such order, and for such additional alteration of such bridge as the bridge owner may desire to meet the necessities of railroad or highway traffic, or both. The Secretary may approve or reject such general plans and specifications, in whole or in part, and may require the submission of new or additional plans and specifications, but when the Secretary shall have approved general plans and specifications, they shall be final and binding upon all parties unless changes therein be afterward approved by the Secretary and the bridge owner. -SOURCE- (June 21, 1940, ch. 409, Sec. 4, 54 Stat. 498; Oct. 22, 1976, Pub. L. 94-587, Sec. 119, 90 Stat. 2924.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-587 substituted provision for preparation and submission of general plans and specifications within a reasonable time as prescribed by the Secretary after the service of an order for provision for such action within ninety days after service of his order. ------DocID 39980 Document 338 of 1330------ -CITE- 33 USC Sec. 515 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 515. Contracts for project; guaranty of cost -STATUTE- After approval of such general plans and specifications by the Secretary, and after notification of such approval, the bridge owner shall, in such manner and within such times as the Secretary may prescribe, take bids for the alteration of such bridge in accordance with such general plans and specifications. All bids, including any bid for all or part of the project submitted by the bridge owner, shall be submitted to the Secretary, together with a recommendation by the bridge owner as to the most competent bid or bids, and at the same time the bridge owner shall submit to the Secretary a written guaranty that the total cost of the project, including the cost of such work as is to be performed by the bridge owner and not included in the work to be performed by contract, shall not exceed the sum stated in said guaranty. The Secretary may direct the bridge owner to reject all bids and to take new bids, or may authorize the bridge owner to proceed with the project, by contract, or partly by contract and partly by the bridge owner, or wholly by the bridge owner. Upon such authorization and fixing of the proportionate shares of the cost as provided in section 516 of this title, the bridge owner shall, within a reasonable time to be prescribed by the Secretary, proceed with the work of alteration; and the cost thereof shall be borne by the United States and by the bridge owner, as provided in sections 516 and 517 of this title: Provided, That where funds have been appropriated for part only of a project, the bridge owner may take bids for part only of the work. In the event the bridge owner proceeds with the alteration through the taking of successive partial bids, the bridge owner shall, if required by the Secretary, submit a revised guaranty of cost after bids are accepted for successive parts of the work. -SOURCE- (June 21, 1940, ch. 409, Sec. 5, 54 Stat. 498; Aug. 14, 1958, Pub. L. 85-640, Sec. 1(a), (b), 72 Stat. 595.) -MISC1- AMENDMENTS 1958 - Pub. L. 85-640 struck out provisions which required bridge owner to take bids within 90 days after notification of approval of general plans and specifications, and inserted provisions permitting the taking of partial bids where funds have been appropriated for part of a project, and requiring the bridge owner, if requested, to submit a revised guaranty of cost. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 516, 522 of this title. ------DocID 39981 Document 339 of 1330------ -CITE- 33 USC Sec. 516 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 516. Apportionment of cost -STATUTE- At the time the Secretary shall authorize the bridge owner to proceed with the project, as provided in section 515 of this title, and after an opportunity to the bridge owner to be heard thereon, the Secretary shall determine and issue an order specifying the proportionate shares of the total cost of the project to be borne by the United States and by the bridge owner. Such apportionment shall be made on the following basis: The bridge owner shall bear such part of the cost as is attributable to the direct and special benefits which will accrue to the bridge owner as a result of the alteration, including the expectable savings in repair or maintenance costs; and that part of the cost attributable to the requirements of traffic by railroad or highway, or both, including any expenditure for increased carrying capacity of the bridge, and including such proportion of the actual capital cost of the old bridge or of such part of the old bridge as may be altered or changed or rebuilt, as the used service life of the whole or a part, as the case may be, bears to the total estimated service life of the whole or such part: Provided, That in the event the alteration or relocation of any bridge may be desirable for the reason that the bridge unreasonably obstructs navigation, but also for some other reason, the Secretary may require equitable contribution from any interested person, firm, association, corporation, municipality, county, or State desiring such alteration or relocation for such other reason, as a condition precedent to the making of an order for such alteration or relocation. The United States shall bear the balance of the cost, including that part attributable to the necessities of navigation: And provided further, That where the bridge owner proceeds with the alteration on a successive partial bid basis the Secretary is authorized to issue an order of apportionment of cost for the entire alteration based on the accepted bid for the first part of the alteration and an estimate of cost for the remainder of the work. The Secretary is authorized to revise the order of apportionment of cost, to the extent he deems reasonable and proper, to meet any changed conditions. -SOURCE- (June 21, 1940, ch. 409, Sec. 6, 54 Stat. 499; July 16, 1952, ch. 889, Sec. 2, 66 Stat. 733; Aug. 14, 1958, Pub. L. 85-640, Sec. 1(c), 72 Stat. 595.) -MISC1- AMENDMENTS 1958 - Pub. L. 85-640 permitted issuance of an order of apportionment of cost for entire alteration based on the accepted bid for first part of alteration and an estimate of cost for remainder of work where bridge owner proceeds with alteration on a successive partial bid basis. 1952 - Act July 16, 1952, made railroads share equally with proprietors of highways in bearing cost of alterations necessary to remove obstacles to navigation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 515, 520, 523 of this title. ------DocID 39982 Document 340 of 1330------ -CITE- 33 USC Sec. 517 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 517. Payment of share of United States -STATUTE- Following service of the order requiring alteration of the bridge, the Secretary of Transportation may make partial payments as the work progresses to the extent that funds have been appropriated. The total payments out of Federal funds shall not exceed the proportionate share of the United States of the total cost of the project paid or incurred by the bridge owner, and, if such total cost exceeds the cost guaranteed by the bridge owner, shall not exceed the proportionate share of the United States of such guaranteed cost, except that if the cost of the work exceeds the guaranteed cost by reason of emergencies, conditions beyond the control of the owner, or unforeseen or undetermined conditions, the Secretary of Transportation may, after full review of all the circumstances, provide for additional payments by the United States to help defray such excess cost to the extent he deems to be reasonable and proper, and shall certify such additional payments to the Secretary of the Treasury for payment. All payments to any bridge owner herein provided for shall be made by the Secretary of the Treasury through the Fiscal Service upon certifications of the Secretary of Transportation. -SOURCE- (June 21, 1940, ch. 409, Sec. 7, 54 Stat. 499; 1940 Reorg. Plan No. III, Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; Aug. 14, 1958, Pub. L. 85-640, Sec. 1(d), 72 Stat. 596; Dec. 31, 1970, Pub. L. 91-605, title I, Sec. 118, 84 Stat. 1725; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440.) -MISC1- AMENDMENTS 1983 - Pub. L. 97-449 substituted 'Secretary of Transportation' for 'Secretary of War' wherever appearing, which substitution had previously been made by Pub. L. 91-605. See, also, Transfer of Functions note below. 1970 - Pub. L. 91-605 substituted provision permitting Secretary of Transportation to make payments for design work performed prior to the actual commencement of bridge alteration but after the order to alter has been issued for provision requiring Secretary of War to approve alteration plans, the cost guaranty, the fixing of proportionate shares as between the United States and bridge owner, and the commencement of the alteration, before the Chief of Engineers may make payments for bridge alteration, inserted reference to Secretary of Transportation in second sentence, and substituted 'Secretary of Transportation' for 'Secretary of War' in third sentence. 1958 - Pub. L. 85-640 struck out provisions which required Secretary of War to furnish to Secretary of the Treasury a certified copy of his approval of the plans and specifications and guaranty, and of his order fixing the proportionate shares, and which required the Secretary of the Treasury to set aside the share of the United States for the project. -TRANS- TRANSFER OF FUNCTIONS Section 6(g)(3) of Pub. L. 89-670 transferred functions, powers, and duties of Secretary of the Army (formerly War) and other officers and offices of Department of the Army (formerly War) relating to obstructive bridges under this subchapter to Secretary of Transportation. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(3) of Pub. L. 89-670, and repealed section 6(g)(3). 'Fiscal Service' substituted in text for 'Division of Disbursement' on authority of section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, Government Organization and Employees, which consolidated such division into Fiscal Service of Department of the Treasury. See section 306 of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 515 of this title. ------DocID 39983 Document 341 of 1330------ -CITE- 33 USC Sec. 518 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 518. Authorization of appropriations -STATUTE- There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subchapter. -SOURCE- (June 21, 1940, ch. 409, Sec. 8, 54 Stat. 500.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 523 of this title. ------DocID 39984 Document 342 of 1330------ -CITE- 33 USC Sec. 519 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 519. Noncompliance with orders; penalties; removal of bridge -STATUTE- Any bridge owner who shall willfully fail or refuse to comply with any lawful order of the Secretary, made in accordance with the provisions of this subchapter, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent jurisdiction by a fine not exceeding $5,000, and every month such bridge owner shall remain in default shall be deemed a new offense and subject such bridge owner to additional penalties therefor. In addition to the penalties above prescribed the Secretary may, upon the failure or refusal of any bridge owner to comply with any lawful order issued by the Secretary in regard thereto, cause the removal of any such bridge and accessory works at the expense of the bridge owner; and suit for such expense may be brought in the name of the United States against such bridge owner and recovery had for such expense in any court of competent jurisdiction. The removal of any bridge erected or maintained in violation of the provisions of this subchapter or the order or direction of the Secretary made in pursuance thereof, and compliance with any order of the Secretary made with respect to any bridge in accordance with the provisions of this subchapter, may be enforced by injunction, mandamus, or other summary process upon application to the district court of any district in which such bridge may, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary. -SOURCE- (June 21, 1940, ch. 409, Sec. 9, 54 Stat. 500.) -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Writ of mandamus abolished, see Rule 81, Title 28, Appendix, Judiciary and Judicial Procedure. ------DocID 39985 Document 343 of 1330------ -CITE- 33 USC Sec. 520 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 520. Review of findings and orders -STATUTE- Any order made or issued under section 516 of this title may be reviewed by the court of appeals for any judicial circuit in which the bridge in question is wholly or partly located, if a petition for such review is filed within three months after the date such order is issued. The judgment of any such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon certification or certiorari, in the manner provided in section 1254 of title 28. The review by such Court shall be limited to questions of law, and the findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. Upon such review, such Court shall have power to affirm or, if the order is not in accordance with law, to modify or to reverse the order, with or without remanding the case for a rehearing as justice may require. Proceedings under this section shall not operate as a stay of any order of the Secretary issued under provisions of this subchapter other than section 516 of this title, or relieve any bridge owner of any liability or penalty under such provisions. -SOURCE- (June 21, 1940, ch. 409, Sec. 10, 54 Stat. 501; June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.) -COD- CODIFICATION 'Section 1254 of title 28' substituted in text for 'sections 239 and 240 of the Judicial Code, as amended' on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure. Prior to the enactment of Title 28, sections 239 and 240 of the Judicial Code were classified to sections 346 and 347 of Title 28. -CHANGE- CHANGE OF NAME Act June 25, 1948, as amended by act May 24, 1949, substituted 'court of appeals' for 'circuit court of appeals'. ------DocID 39986 Document 344 of 1330------ -CITE- 33 USC Sec. 521 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 521. Regulations and orders -STATUTE- The Secretary is authorized to prescribe such rules and regulations, and to make and issue such orders, as may be necessary or appropriate for carrying out the provisions of this subchapter. -SOURCE- (June 21, 1940, ch. 409, Sec. 11, 54 Stat. 501.) ------DocID 39987 Document 345 of 1330------ -CITE- 33 USC Sec. 522 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 522. Existing provisions of law -STATUTE- (a) Obstructing navigation; criminal penalties The first sentence of section 494 of this title, and section 502 of this title, shall be inapplicable with respect to any bridge to which the provisions of this subchapter are applicable, except to the extent provided in this section. (b) Construction, reconstruction, or alteration of bridges not completed on July 1, 1939; apportionment of costs Any bridge, the construction, reconstruction, or alteration of which was required by an order of the Secretary issued prior to July 1, 1939, and was not completed on such date, and in the case of which no penalties have accrued at the time of the enactment of this subchapter, shall be constructed, reconstructed, or altered as required by such order, and not in accordance with the provisions of this subchapter. In the case of any such bridge, however, the Secretary shall apportion the cost of the project between the bridge owner and the United States, and payment of the share of the United States shall be made, in the same manner as if the provisions of this subchapter applied to such construction, reconstruction, or alteration, subject to the following limitations: (1) In case such construction, reconstruction, or alteration has not begun on or before April 1, 1940, such apportionment of cost shall be made only if (A) the construction, reconstruction, or alteration is carried out in accordance with plans and specifications, and pursuant to bids, approved by the Secretary, and (B) the bridge owner has submitted to the Secretary a written guaranty of cost as provided for in section 515 of this title. (2) The Secretary's determination as to such apportionment, and as to such plans and specifications and bids, shall be final. (3) Such apportionment shall not be made if such construction, reconstruction, or alteration is not completed within the time fixed in such order of the Secretary or within such additional time as the Secretary, for good cause shown, may allow. (c) Construction, reconstruction, or alteration of bridges not begun on July 1, 1939 Any bridge (except a bridge to which subsection (b) of this section applies) the construction, reconstruction, or alteration of which was required by an order of the Secretary issued prior to July 1, 1939, and was not begun before such date, shall be subject to the provisions of this subchapter as though such order had not been issued, and compliance with the provisions of this subchapter and with such orders as may be issued thereunder shall be considered to constitute compliance with such order issued prior to July 1, 1939, and with the provisions of law under which it was issued. -SOURCE- (June 21, 1940, ch. 409, Sec. 12, 54 Stat. 501.) ------DocID 39988 Document 346 of 1330------ -CITE- 33 USC Sec. 523 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 523. Relocation of bridges -STATUTE- If the owner of any bridge and the Secretary shall agree that in order to remove an obstruction to navigation, or for any other purpose, a relocation of such bridge or the construction of a new bridge upon a new location would be preferable to an alteration of the existing bridge, such relocation or new construction may be carried out at such new site and upon such terms as may be acceptable to the bridge owner and the Secretary, and the cost of such relocation or new construction, including also any expense of changes in and additions to rights-of-way, stations, tracks, spurs, sidings, switches, signals, and other railroad facilities and property, and relocation of shippers required for railroad connection with the bridge at the new site, shall be apportioned as between the bridge owner and the United States in the manner which is provided for in section 516 of this title in the case of an alteration and the share of the United States paid from the appropriation authorized in section 518 of this title: Provided, That nothing in this section shall be construed as requiring the United States to pay any part of the expense of building any bridge across a navigable stream which the Secretary of Transportation shall not find to be, in fact, a relocation of an existing bridge. -SOURCE- (June 21, 1940, ch. 409, Sec. 13, 54 Stat. 502; July 16, 1952, ch. 889, Sec. 4, 66 Stat. 733; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440.) -MISC1- AMENDMENTS 1983 - Pub. L. 97-449 substituted 'Secretary of Transportation' for 'Secretary of War'. See Transfer of Functions note below. 1952 - Act July 16, 1952, struck out 'used for railroad traffic' after 'owner of any bridge'. -TRANS- TRANSFER OF FUNCTIONS Section 6(g)(3) of Pub. L. 89-670 transferred functions, powers, and duties of Secretary of the Army (formerly War) and other officers and offices of Department of the Army (formerly War) relating to obstructive bridges under this subchapter to Secretary of Transportation. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(3) of Pub. L. 89-670, and repealed section 6(g)(3). ------DocID 39989 Document 347 of 1330------ -CITE- 33 USC Sec. 524 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER II -HEAD- Sec. 524. Applicability of administrative procedure provisions -STATUTE- In the administration of this Act, hearings and other procedures shall be exempted from the provisions of subchapter II of chapter 5, and chapter 7, of title 5, except as to the requirements of section 552 of title 5. -SOURCE- (July 16, 1952, ch. 889, Sec. 3, 66 Stat. 733.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act July 16, 1952, ch. 889, 66 Stat. 732, which enacted this section and amended sections 511, 516, and 523 of this title. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was not enacted as part of act June 21, 1940, ch. 409, 54 Stat. 497, which comprises this subchapter. 'Subchapter II of chapter 5, and chapter 7, of title 5' and 'section 552 of title 5' substituted in text for 'the Administrative Procedure Act (60 Stat. 237)' and 'section 3 thereof', respectively, on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. ------DocID 39990 Document 348 of 1330------ -CITE- 33 USC SUBCHAPTER III -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER III -HEAD- SUBCHAPTER III - GENERAL BRIDGE AUTHORITY -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 59e-1, 59q-1, 59u, 59x, 59z, 508 of this title; title 23 section 144. ------DocID 39991 Document 349 of 1330------ -CITE- 33 USC Sec. 525 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 525. Construction and operation of bridges -STATUTE- (a) Consent of Congress The consent of Congress is granted for the construction, maintenance, and operation of bridges and approaches thereto over the navigable waters of the United States, in accordance with the provisions of this subchapter. (b) Approval of plans The location and plans for such bridges shall be approved by the Secretary of Transportation before construction is commenced, and, in approving the location and plans of any bridge, the Secretary may impose any specific conditions relating to the maintenance and operation of the structure which the Secretary may deem necessary in the interest of public navigation, and the conditions so imposed shall have the force of law. This subsection shall not apply to any bridge over waters which are not subject to the ebb and flow of the tide and which are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce. (c) Private highway toll bridges Notwithstanding the provisions of subsections (a) and (b) of this section, it shall be unlawful to construct or commence the construction of any privately owned highway toll bridge until the location and plans thereof shall also have been submitted to and approved by the highway department or departments of the State or States in which the bridge and its approaches are situated; and where such bridge shall be between two or more States and the highway departments thereof shall be unable to agree upon the location and plans therefor, or if they, or either of them, shall fail or refuse to act upon the location and plans submitted, such location and plans then shall be submitted to the Secretary of Transportation and, if approved by the Secretary of Transportation, approval by the highway departments shall not be required. -SOURCE- (Aug. 2, 1946, ch. 753, title V, Sec. 502, 60 Stat. 847; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1949 Reorg. Plan No. 7, Sec. 1, eff. Aug. 19, 1949, 14 F.R. 5288, 63 Stat. 1070; Oct. 15, 1982, Pub. L. 97-322, title I, Sec. 107(a), 96 Stat. 1582; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), (3), 96 Stat. 2440; Oct. 30, 1984, Pub. L. 98-557, Sec. 17(g)(2), 98 Stat. 2869.) -MISC1- AMENDMENTS 1984 - Subsec. (b). Pub. L. 98-557 struck out 'the Chief of Engineers and' before 'the Secretary of Transportation' and substituted 'the Secretary' for 'they' wherever appearing. 1983 - Subsec. (b). Pub. L. 97-449, Sec. 2(d)(1), substituted 'Secretary of Transportation' for 'Secretary of War'. See Transfer of Functions note below. Subsec. (c). Pub. L. 97-449, Sec. 2(d)(3), substituted 'Secretary of Transportation' for 'Public Roads Administration' wherever appearing. See Transfer of Functions note below. 1982 - Subsec. (b). Pub. L. 97-322 inserted exemption provision at end. SHORT TITLE Section 501 of title V of act Aug. 2, 1946, provided that: 'This title (enacting this subchapter) may be cited as the 'General Bridge Act of 1946'.' -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army (formerly War) and other offices and officers of Department of the Army (formerly War) under this section 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 section 6(g)(6)(C) of Pub. L. 89-670. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(6)(C) of Pub. L. 89-670, and repealed section 6(g)(6)(C). Functions of Public Roads Administration transferred to Bureau of Public Roads within General Services Administration by section 103(a) of act June 30, 1949. Section 103 is set out as section 753 of Title 40, Public Buildings, Property, and Works. Bureau of Public Roads within General Services Administration transferred to Department of Commerce by section 1 of Reorg. Plan No. 7 of 1949. For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. Functions, powers, and duties of Secretary of Commerce and other offices and officers of Department of Commerce under subsec. (c) of this section relating generally to highways transferred to and vested in Secretary of Transportation by section 6(g)(6)(C) of Pub. L. 89-670. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(6)(C) of Pub. L. 89-670, and repealed section 6(g)(6)(C). -MISC5- RESERVATION OF RIGHT TO ALTER, AMEND, OR REPEAL Section 511 of title V of act Aug. 2, 1946, provided that: 'The right to alter, amend, or repeal this title (this subchapter) is hereby expressly reserved as to any and all bridges which may be built under authority hereof.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 23 section 144. ------DocID 39992 Document 350 of 1330------ -CITE- 33 USC Sec. 526 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 526. Repealed. Pub. L. 100-17, title I, Sec. 135(e), Apr. 2, 1987, 101 Stat. 174 -MISC1- Section, acts Aug. 2, 1946, ch. 753, title V, Sec. 503, 60 Stat. 847; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440, provided that tolls charged for transit over any interstate bridge be just and reasonable and authorized Secretary of Transportation to prescribe reasonable rates of toll for such transit, which rates were to be legal rates demanded and received. See section 508 of this title. ------DocID 39993 Document 351 of 1330------ -CITE- 33 USC Sec. 526a -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 526a. Repealed. Pub. L. 100-17, title I, Sec. 135(f), Apr. 2, 1987, 101 Stat. 174 -MISC1- Section, act Pub. L. 93-87, title I, Sec. 133(b), Aug. 13, 1973, 87 Stat. 267, authorized Secretary of Transportation to promulgate regulations establishing guidelines governing any increase in tolls for use of any bridge constructed pursuant to either the General Bridge Act of 1906 or the General Bridge Act of 1946. STUDY OF TOLL BRIDGE AUTHORITY; INVESTIGATION AND STUDY OF FEDERAL STATUTES AND REGULATIONS; REPORT TO CONGRESS Section 133(a) of Pub. L. 93-87 which authorized the Secretary of Transportation to study the existing Federal laws and regulations governing toll bridges over navigable waters of the United States, and to submit a report containing recommendations regarding action to be taken to assure reasonable nationwide tolls no later than July 1, 1974, except in the case of the toll bridge at Chester, Illinois, where the Secretary was authorized to submit a similar report no later than Dec. 31, 1973, was repealed by Pub. L. 100-17, title I, Sec. 135(f), Apr. 2, 1987, 101 Stat. 174. ------DocID 39994 Document 352 of 1330------ -CITE- 33 USC Sec. 527 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 527. Acquisition of interstate bridges by public agencies; amount of damages -STATUTE- After the completion of any interstate toll bridge constructed by an individual, firm, or corporation, as determined by the Secretary of Transportation, either of the States in which the bridge is located, or any public agency or political subdivision of either of such States, within or adjoining which any part of such bridge is located, or any two or more of them jointly, may at any time acquire and take over all right, title, and interest in such bridge and its approaches, and any interest in real property for public purposes by condemnation or expropriation. If at any time after the expiration of five years after the completion of such bridge the same is acquired by condemnation or expropriation, the amount of damages or compensation to be allowed shall not include good will, going value, or prospective revenues or profits, but shall be limited to the sum of (1) the actual cost of constructing such bridge and its approaches, less a reasonable deduction for actual depreciation in value; (2) the actual costs of acquiring such interests in real property; (3) actual financing and promotion costs, not to exceed 10 per centum of the sum of the cost of constructing the bridge and its approaches and acquiring such interests in real property; and (4) actual expenditures for necessary improvements. -SOURCE- (Aug. 2, 1946, ch. 753, title V, Sec. 504, 60 Stat. 848; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440.) -MISC1- AMENDMENTS 1983 - Pub. L. 97-449 substituted 'Secretary of Transportation' for 'Secretary of War'. See Transfer of Functions note below. -TRANS- TRANSFER OF FUNCTIONS Section 6(g)(6)(C) of Pub. L. 89-670 transferred functions, powers, and duties of Secretary of the Army (formerly War) and other offices and officers of Department of the Army (formerly War) under this subchapter to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States to Secretary of Transportation. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(6)(C) of Pub. L. 89-670, and repealed section 6(g)(6)(C). ------DocID 39995 Document 353 of 1330------ -CITE- 33 USC Sec. 528 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 528. Statement of construction costs of privately owned interstate bridges; investigation of costs; conclusiveness of findings; review -STATUTE- Within ninety days after the completion of a privately owned interstate toll bridge, the owner shall file with the Secretary of Transportation and with the highway departments of the States in which the bridge is located, a sworn itemized statement showing the actual original cost of constructing the bridge and its approaches, the actual cost of acquiring any interest in real property necessary therefor, and the actual financing and promotion costs. The Secretary of Transportation may, and upon request of a highway department shall, at any time within three years after the completion of such bridge, investigate such costs and determine the accuracy and the reasonableness of the costs alleged in the statement of costs so filed, and shall make a finding of the actual and reasonable costs of constructing, financing, and promoting such bridge. For the purpose of such investigation the said individual, firm, or corporation, its successors and assigns, shall make available all of its records in connection with the construction, financing, and promotion thereof. The findings of the Secretary of Transportation as to the reasonable costs of the construction, financing, and promotion of the bridge shall be conclusive for the purposes mentioned in section 527 of this title subject only to review in a court of equity for fraud or gross mistake. -SOURCE- (Aug. 2, 1946, ch. 753, title V, Sec. 505, 60 Stat. 848; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440.) -MISC1- AMENDMENTS 1983 - Pub. L. 97-449 substituted 'Secretary of Transportation' for 'Secretary of War' wherever appearing. See Transfer of Functions note below. -TRANS- TRANSFER OF FUNCTIONS Section 6(g)(6)(C) of Pub. L. 89-670 transferred functions, powers, and duties of Secretary of the Army (formerly War) and other offices and officers of Department of the Army (formerly War) under this subchapter to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States to Secretary of Transportation. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(6)(C) of Pub. L. 89-670, and repealed section 6(g)(6)(C). ------DocID 39996 Document 354 of 1330------ -CITE- 33 USC Sec. 529 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 529. Repealed. Pub. L. 100-17, title I, Sec. 135(e), Apr. 2, 1987, 101 Stat. 174 -MISC1- Section, acts Aug. 2, 1946, ch. 753, title V, Sec. 506, 60 Stat. 848; May 25, 1948, ch. 336, 62 Stat. 267, related to adjusting rates of tolls charged on an interstate bridge constructed or taken over by State or political subdivision thereof to provide fund to pay reasonable costs of maintaining and operating such bridge and a sinking fund to amortize amount paid for such bridge, with such bridge to be operated and maintained free of tolls after a sinking fund sufficient for such amortization had been provided. ------DocID 39997 Document 355 of 1330------ -CITE- 33 USC Sec. 530 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 530. Bridges included and excluded -STATUTE- The provisions of this subchapter shall apply only to bridges over navigable waters of the United States, the construction of which is approved after August 2, 1946, under the provisions of this subchapter; and the provisions of the first proviso of section 401 of this title, and the provisions of sections 491 to 498 of this title, shall not apply to such bridges. -SOURCE- (Aug. 2, 1946, ch. 753, title V, Sec. 507, 60 Stat. 849.) ------DocID 39998 Document 356 of 1330------ -CITE- 33 USC Sec. 531 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 531. International bridges -STATUTE- This subchapter shall not be construed to authorize the construction of any bridge which will connect the United States, or any Territory or possession of the United States, with any foreign country. -SOURCE- (Aug. 2, 1946, ch. 753, title V, Sec. 508, 60 Stat. 849.) ------DocID 39999 Document 357 of 1330------ -CITE- 33 USC Sec. 532 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 532. Eminent domain -STATUTE- There are conferred upon any individual, his heirs, legal representatives, or assigns, any firm or corporation, its successors or assigns, or any State, political subdivision, or municipality authorized in accordance with the provisions of this subchapter to build a bridge between two or more States, all such rights and powers to enter upon lands and acquire, condemn, occupy, possess, and use real estate and other property in the respective States needed for the location, construction, operation, and maintenance of such bridge and its approaches, as are possessed by railroad corporations for railroad purposes or by bridge corporations for bridge purposes in the State in which such real estate or other property is situated, upon making just compensation therefor to be ascertained and paid according to the laws of such State, and the proceedings therefor shall be the same as in the condemnation or expropriation of property for public purposes in such State. -SOURCE- (Aug. 2, 1946, ch. 753, title V, Sec. 509, 60 Stat. 849.) ------DocID 40000 Document 358 of 1330------ -CITE- 33 USC Sec. 533 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 533. Penalties for violations -STATUTE- (a) Criminal penalties for violation Any person who willfully fails or refuses to comply with any lawful order of the Secretary of Transportation or the Chief of Engineers issued under the provisions of this subchapter, or who willfully fails to comply with any specific condition imposed by the Chief of Engineers and the Secretary of Transportation relating to the maintenance and operation of bridges, or who willfully refuses to produce books, papers, or documents in obedience to a subpena or other lawful requirement under this subchapter, or who otherwise willfully violates any provisions of this subchapter, shall, upon conviction thereof, be punished by a fine of not to exceed $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. (b) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions Whoever violates any provision of this subchapter, or any order issued under this subchapter, shall be liable to a civil penalty of not more than $1,000. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of Transportation may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty. -SOURCE- (Aug. 2, 1946, ch. 753, title V, Sec. 510, 60 Stat. 849; Oct. 15, 1982, Pub. L. 97-322, title I, Sec. 108(d), 96 Stat. 1584; Jan. 12, 1983, Pub. L. 97-449, Sec. 2(d)(1), 96 Stat. 2440.) -MISC1- AMENDMENTS 1983 - Subsec. (a). Pub. L. 97-449 substituted 'Secretary of Transportation' for 'Secretary of War' wherever appearing. See Transfer of Functions note below. 1982 - Pub. L. 97-322 designated existing provisions as subsec. (a), made willfullness an element of the described offenses, and added subsec. (b). -TRANS- TRANSFER OF FUNCTIONS Section 6(g)(6)(C) of Pub. L. 89-670 transferred functions, powers, and duties of Secretary of the Army (formerly War) and other offices and officers of Department of the Army (formerly War) under this subchapter to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States to Secretary of Transportation. Pub. L. 97-449 amended this section to reflect transfer made by section 6(g)(6)(C) of Pub. L. 89-670, and repealed section 6(g)(6)(C). ------DocID 40001 Document 359 of 1330------ -CITE- 33 USC Sec. 534 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER III -HEAD- Sec. 534. Conveyance of right, title, and interest of United States in bridges transferred to States or political subdivisions; terms and conditions -STATUTE- The Secretary of the Army is authorized to transfer or convey to State authorities or political subdivisions thereof all right, title, and interest of the United States, in and to any and all bridges heretofore or hereafter constructed or acquired in connection with the improvement of canals, rivers and harbors, or works of flood control, together with the necessary lands, easements, or rights-of-way, upon such terms and conditions and with or without consideration, as may be determined to be in the best interest of the United States by the Chief of Engineers: Provided, That such transferred bridges shall be toll-free. -SOURCE- (May 17, 1950, ch. 188, title I, Sec. 109, 64 Stat. 168.) -COD- CODIFICATION Section was not enacted as part of the General Bridge Act of 1946 which comprises this subchapter. ------DocID 40002 Document 360 of 1330------ -CITE- 33 USC SUBCHAPTER IV -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - INTERNATIONAL BRIDGES -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 508 of this title. ------DocID 40003 Document 361 of 1330------ -CITE- 33 USC Sec. 535 -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 535. Congressional consent to construction, maintenance, and operation of international bridges; conditions of consent -STATUTE- The consent of Congress is hereby granted to the construction, maintenance, and operation of any bridge and approaches thereto, which will connect the United States with any foreign country (hereinafter in this subchapter referred to as an 'international bridge') and to the collection of tolls for its use, so far as the United States has jurisdiction. Such consent shall be subject to (1) the approval of the proper authorities in the foreign country concerned; (2) the provisions of sections 491 to 498 of this title, except section 496 of this title, whether or not such bridge is to be built across or over any of the navigable waters of the United States; and (3) of the provisions of this subchapter. -SOURCE- (Pub. L. 92-434, Sec. 2, Sept. 26, 1972, 86 Stat. 731.) -MISC1- SHORT TITLE Section 1 of Pub. L. 92-434 provided: 'That this Act (enacting this subchapter and amending section 129 of Title 23, Highways) may be cited as the 'International Bridge Act of 1972'.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 535b of this title. ------DocID 40004 Document 362 of 1330------ -CITE- 33 USC Sec. 535a -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 535a. Congressional consent to State agreements with Canada and Mexico; Secretary of State's approval of agreements -STATUTE- The consent of Congress is hereby granted for a State or a subdivision or instrumentality thereof to enter into agreements - (1) with the Government of Canada, a Canadian Province, or a subdivision or instrumentality of either, in the case of a bridge connecting the United States and Canada, or (2) with the Government of Mexico, a Mexican State, or a subdivision or instrumentality of either, in the case of a bridge connecting the United States and Mexico, for the construction, operation, and maintenance of such bridge in accordance with the applicable provisions of this subchapter. The effectiveness of such agreement shall be conditioned on its approval by the Secretary of State. -SOURCE- (Pub. L. 92-434, Sec. 3, Sept. 26, 1972, 86 Stat. 731.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 535f of this title. ------DocID 40005 Document 363 of 1330------ -CITE- 33 USC Sec. 535b -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 535b. Presidential approval; recommendations of Federal officials -STATUTE- No bridge may be constructed, maintained, and operated as provided in section 535 of this title unless the President has given his approval thereto. In the course of determining whether to grant such approval, the President shall secure the advice and recommendations of (1) the United States section of the International Boundary and Water Commission, United States and Mexico, in the case of a bridge connecting the United States and Mexico, and (2) the heads of such departments and agencies of the Federal Government as he deems appropriate to determine the necessity for such bridge. -SOURCE- (Pub. 92-434, Sec. 4, Sept. 26, 1972, 86 Stat. 731.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 535c of this title. ------DocID 40006 Document 364 of 1330------ -CITE- 33 USC Sec. 535c -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 535c. Secretary of Transportation's approval; commencement and completion requirements; extension of time limits -STATUTE- The approval of the Secretary of Transportation, as required by section 491 of this title, shall be given only subsequent to the President's approval, as provided for in section 535b of this title, and shall be null and void unless the construction of the bridge is commenced within two years and completed within five years from the date of the Secretary's approval: Provided, however, That the Secretary, for good cause shown, may extend for a reasonable time either or both of the time limits herein provided. -SOURCE- (Pub. L. 92-434, Sec. 5, Sept. 26, 1972, 86 Stat. 732.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 535h of this title. ------DocID 40007 Document 365 of 1330------ -CITE- 33 USC Sec. 535d -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 535d. Repealed. Pub. L. 100-17, title I, Sec. 135(g), Apr. 2, 1987, 101 Stat. 174 -MISC1- Section, Pub. L. 92-434, Sec. 6, Sept. 26, 1972, 86 Stat. 732, directed that tolls charged for use of an international bridge constructed or acquired under this subchapter by private individual, company, or other private entity be collected for a reasonable period for amortization of construction or acquisition costs, plus interest and reasonable return, that at end of such period the United States portion of bridge become the property of the State having jurisdiction over such United States portion, and that accurate records on expenditures and tolls collected be kept and annually reported to Secretary of Transportation, with authority for Secretary to conduct audits. ------DocID 40008 Document 366 of 1330------ -CITE- 33 USC Sec. 535e -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 535e. Ownership -STATUTE- (a) Sale, assignment, or transfer; Secretary of Transportation's approval Nothing in this subchapter shall be deemed to prevent the individual, corporation, or other entity to which, pursuant to this subchapter, authorization has been given to construct, operate, and maintain an international bridge and the approaches thereto, from selling, assigning, or transferring the rights, powers, and privileges conferred by this subchapter: Provided, That such sale, assignment, or transfer shall be subject to approval by the Secretary of Transportation. (b) State status of original applicant upon acquisition of right, title, and interest after termination of private entity licenses, contracts, or orders Upon the acquisition by a State or States, or by a subdivision or instrumentality thereof, of the right, title, and interest of a private individual, corporation, or other private entity, and to an international bridge, any license, contract, or order issued or entered into by the Secretary of Transportation, to or with such private individual, corporation, or other private entity, shall be deemed terminated forthwith. Thereafter, the State, subdivision, or instrumentality so acquiring shall operate and maintain such bridge in the same manner as if it had been the original applicant, and the provisions of section 535d (FOOTNOTE 1) of this title shall not apply. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Pub. L. 92-434, Sec. 8, Sept. 26, 1972, 86 Stat. 732.) -REFTEXT- REFERENCES IN TEXT Section 535d of this title, referred to in subsec. (b), was repealed by Pub. L. 100-17, title I, Sec. 135(g), Apr. 2, 1987, 101 Stat. 174. ------DocID 40009 Document 367 of 1330------ -CITE- 33 USC Sec. 535f -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 535f. Applicability of provisions -STATUTE- This subchapter shall apply to all international bridges constructed under the authority of this subchapter. Section 535a of this title and section 129(a)(3) of title 23, shall apply to all international bridges the construction of which has been heretofore approved by Congress, notwithstanding any conflicting provision in any Act authorizing the construction of such a bridge or in any agreement entered into by the Federal Government and a State. -SOURCE- (Pub. L. 92-434, Sec. 9, Sept. 26, 1972, 86 Stat. 733.) ------DocID 40010 Document 368 of 1330------ -CITE- 33 USC Sec. 535g -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 535g. Federal navigable waters and commerce jurisdiction unaffected -STATUTE- Nothing in this subchapter shall be construed to affect, impair, or diminish any right, power, or jurisdiction of the United States over or in regard to any navigable water or any interstate or foreign commerce. -SOURCE- (Pub. L. 92-434, Sec. 10, Sept. 26, 1972, 86 Stat. 733.) ------DocID 40011 Document 369 of 1330------ -CITE- 33 USC Sec. 535h -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 535h. Report of Secretary of Transportation's approval during fiscal year -STATUTE- The Secretary of Transportation shall make a report of all approvals granted by him during the fiscal year pursuant to section 535c of this title in each annual report of the activities of the Department required by section 308(a) of title 49. -SOURCE- (Pub. L. 92-434, Sec. 11, Sept. 26, 1972, 86 Stat. 733.) -COD- CODIFICATION 'Section 308(a) of title 49' substituted in text for 'section 11 of the Department of Transportation Act (49 U.S.C. 1658)' on authority of Pub. L. 97-449, Sec. 6(b), Jan. 12, 1983, 96 Stat. 2443, the first section of which enacted subtitle I (Sec. 101 et seq.) of Title 49, Transportation. ------DocID 40012 Document 370 of 1330------ -CITE- 33 USC Sec. 535i -EXPCITE- TITLE 33 CHAPTER 11 SUBCHAPTER IV -HEAD- Sec. 535i. Reservation of right to alter or repeal -STATUTE- The right to alter, amend, or repeal this subchapter is expressly reserved. -SOURCE- (Pub. L. 92-434, Sec. 12, Sept. 26, 1972, 86 Stat. 733.) ------DocID 40013 Document 371 of 1330------ -CITE- 33 USC CHAPTER 12 -EXPCITE- TITLE 33 CHAPTER 12 -HEAD- CHAPTER 12 - RIVER AND HARBOR IMPROVEMENTS GENERALLY -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 540. Investigations and improvements; control by Department of the Army; wildlife conservation. 541. Board of Engineers for Rivers and Harbors; establishment; duties and powers generally. 542. Review by Board of Engineers of reports on examinations and surveys and special reports. 543. Employment of civil engineers on western and northwestern rivers. 544, 544a. Repealed. 544b. Employment of physicians to examine employees; fee or employment basis; validation of prior agreements. 544c. Minority group participation in construction of the Tennessee-Tombigbee Waterway project; annual report to Congress. 545. Preliminary examinations and reports; surveys; contents of report to Congress generally. 545a. Discontinuance. 546. Investigation of stream flow and watersheds; surveys in connection with dams. 546a. Information as to configuration of shore line. 547. Reports as to local benefits of improvement and recommendations as to local cooperation. 547a. Inclusion of regional economic development benefits in economic analysis for purposes of computing economic justification of project. 548, 549. Omitted or Repealed. 550. Report on water terminal and transfer facilities. 551. Policy of Government as to terminal facilities for new projects. 552. Repealed. 553. Freight statistics. 554. Duty of shipowners and officers to furnish information to person in local charge of improvement; penalty. 555. Duty of shipowners and officers to furnish information required by Secretary of the Army. 555a. Petroleum product information. (a) Disclosure to States. (b) Requests for disclosure. (c) Modes of disclosure. (d) Confidentiality of disclosed information. (e) Definitions. (f) Omitted. 556. Printing reports generally. 557. Payment of costs of printing. 557a. Publication of pamphlets, maps, brochures, and other material. 557b. Sale of publications, charts, or other material; deposit of proceeds. 558. Proceeds from sale or transfer of property acquired. 558a. Repealed. 558b. Exchange of land or property. 558b-1. Application to authorized works of flood control. 558c. Rights-of-way over United States land. 559. Disposition of rentals for Government plants. 560. Contributions from private parties; return of excess. 561. Advances by private parties; repayment. 561a. Contributions from local interests; reduction to meet lowered cost. 562. Channel depths and dimensions defined. 562a. Project depths for national defense purposes; waterways for general commerce. 563, 564. Omitted or Repealed. 565. River and harbor improvement by private or municipal enterprise. 566. Improvement by or under authority of State of New Jersey. 567. Navigation and flood control improvements by Minnesota, North Dakota, and South Dakota. 567a. Flood and pollution control compacts between certain States. 567b. Pollution of Potomac drainage basin; control by State compacts. 567b-1. Amended compact. 568. Limitation on power of committee of Congress to consider projects. 569. Personal equipment for employees; use of funds for purpose. 569a. Temporary employment of experts or consultants; compensation. 569b. Contracts; architect and engineering services; surveying and mapping services. 569c. Services of volunteers. 570. Default in contract; disposition of amounts collected. 571. Crediting reimbursements for lost, stolen, or damaged property. 572. Collection and removal of drift in Baltimore Harbor. 573, 574. Repealed or Omitted. 575. Availability of appropriations for expenses incident to operation of power boats or vessels; expenses defined; certification of expenditures. 576. Revolving fund; establishment; availability; reimbursement; transfer of funds; limitation. 576a. Purchase of passenger motor vehicles by Corps of Engineers. 577. Small river and harbor improvement projects. (a) Allotment from appropriations for construction. (b) Limitation on allotment. (c) Lands, easements, and rights-of-way; indemnification; assurances of local cooperation. (d) Sharing of costs by non-Federal interests. (e) Completeness of project. (f) Low water access navigation channels from existing channel of Mississippi River. 577a. Small-boat navigation projects; charter fishing craft. 577b. Cost of operation and maintenance of general navigation features of small boat harbor projects; applicable projects. 578. Disposal of surplus property for development of public port or industrial facilities. (a) Conveyance by Secretary of the Army. (b) Purchase price; conditions, reservations or restrictions. (c) Notice of proposed conveyance. (d) Delegation of authority. (e) Deposit of proceeds. 579. Repealed. 579a. Project deauthorizations. (a) Funds to be obligated for construction to avoid deauthorization. (b) Transmission to Congress of list of unconstructed projects or separable elements authorized but not receiving obligations during 10 fiscal years preceding transmission; two-year updates of list. (c) Deauthorized list; publication in Federal Register. SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND SUBSISTENCE 581. Hiring special means of transportation. 582. Repealed. 583. Payment of allowances, etc., incident to change of station of Engineer officers from appropriation for improvements. 583a. Payment of pay and allowances of officers of Corps of Engineers from appropriation for improvements. 584, 584a. Repealed. SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS 591. Condemnation, purchase, and donation of land and materials. 592. Condemnation of land in aid of person, company, corporation, municipal or private. 593. Condemnation of land in aid of State or State agency. 594. When immediate possession of land may be taken. 595. Consideration of benefits in assessing compensation. 595a. Compensation for taking or condemnation of property for public improvements; fair market value; partial taking; effective date. 596. Repealed. 597. Acquisition of lands for water resource development projects; information as to probable timing for acquisition; public meetings; regulations. 598. Resettlement of displaced families, individuals, and business concerns. (a) Acquisition of land; condemnation expenses; bond. (b) Acquisition provisions. (c) Conveyance to State, public or private nonprofit body. SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS 601. Mississippi River; regulation of reservoirs at headwaters. 602. Maintenance of channel of South Pass of Mississippi River. 603. Repealed. 603a. Removal of snags and debris, and straightening, clearing, and protecting channels in navigable waters. 604. Removal of snags, etc., from Mississippi River. 605. Operation of snag boats on Upper Mississippi River. 606. Removal of snags, and so forth, from Ohio River. 607. Removal of drift from New York Harbor. 607a. Appropriations; separate project. 608. Construction of fishways. 609. Sluices and other work in dams for development of water power. 610. Control of aquatic plant growths. SUBCHAPTER V - PROSECUTION OF WORK GENERALLY 621. By what methods river and harbor work may be authorized to be prosecuted. 622. Contracts, etc., for implementation of projects for improvements and for dredging and related work by private industry; performance of work by federally owned fleet and transition to use of private industry; requirements, standards, and study relating to transition and accompanying reduction of federally owned fleet. 623. Repealed. 624. Limitation on improvement work by private contract. (a) Determinations respecting comparison of private contract price with estimation of cost of performance of work by Government plant or by well-equipped contractor. (b) Considerations involved in determinations of estimation of cost of performance of work by Government plant. (c) Considerations involved in determinations of estimation of cost of performance of work by well-equipped contractor. 625. Repealed. 626. Prosecution of work when appropriation insufficient. 627. Application of appropriation when separate works are included therein. 628. Expenditure for dredging within harbor lines. 629. Contract for hire of dredging plant. 630. Limitation on expenditure for purchase of dredges. 631. Transfer of property between projects. 632. Omitted. 633. Protection, alteration, reconstruction, relocation, or replacement of structures and facilities; contract standards; reasonable costs. ------DocID 40014 Document 372 of 1330------ -CITE- 33 USC SUBCHAPTER I -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL PROVISIONS ------DocID 40015 Document 373 of 1330------ -CITE- 33 USC Sec. 540 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 540. Investigations and improvements; control by Department of the Army; wildlife conservation -STATUTE- Federal investigations and improvements of rivers, harbors, and other waterways shall be under the jurisdiction of and shall be prosecuted by the Department of the Army under the direction of the Secretary of the Army and the supervision of the Chief of Engineers, except as otherwise specifically provided by Act of Congress, which said investigations and improvements shall include a due regard for wildlife conservation. -SOURCE- (June 20, 1938, ch. 535, Sec. 1, 52 Stat. 802; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -MISC1- PRIOR PROVISIONS Acts Aug. 30, 1935, ch. 831, 49 Stat. 1028; Aug. 26, 1937, ch. 832, 50 Stat. 844, contained similar provisions. -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. -MISC4- WATERWAY IMPROVEMENTS STUDY AND REPORT; AVAILABILITY OF DATA TO NATIONAL TRANSPORTATION POLICY COMMISSION Pub. L. 94-587, Sec. 158, Oct. 22, 1976, 90 Stat. 2933, directed the Secretary of the Army, acting through the Chief of Engineers, to make a comprehensive study and report on the system of waterway improvements under his jurisdiction, including a review of emergency and defense requirements and an appraisal of additional improvements necessary to optimize the system and its intermodal characteristics, and to submit a report to Congress within three years after funds were first appropriated and made available for the study, together with his recommendations. The Secretary of the Army, acting through the Chief of Engineers, was to make available to the National Transportation Policy Study Commission established by section 154 of Public Law 94-280 (set out as a note under section 101 of Title 23, Highways), the information and other data developed as a result of the study. REIMBURSEMENT OF STATES FOR WATER RESOURCES PROJECTS; STUDY Pub. L. 89-298, title III, Sec. 314, Oct. 27, 1965, 79 Stat. 1096, authorized the Secretary of the Army, through the Chief of Engineers, to study the need for and feasibility of Federal reimbursement of certain public entities for their expenses incurred in connection with authorized projects for improvements of rivers, harbors, and certain other waterways, for various purposes, and to submit a report to Congress no later than Jan. 31, 1967, together with his recommendations in connection therewith. -CROSS- CROSS REFERENCES Flood control projects, supervision of, see section 701b of this title. ------DocID 40016 Document 374 of 1330------ -CITE- 33 USC Sec. 541 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 541. Board of Engineers for Rivers and Harbors; establishment; duties and powers generally -STATUTE- There shall be organized in the office of the Chief of Engineers, United States Army, by detail from time to time from the Corps of Engineers, a board of seven engineer officers, a majority of whom shall be of rank not less than lieutenant colonel, whose duties shall be fixed by the Chief of Engineers, and to whom shall be referred for consideration and recommendation, in addition to any other duties assigned, so far as in the opinion of the Chief of Engineers may be necessary, all reports upon examinations and surveys provided for by Congress, and all projects or changes in projects for works of river and harbor improvement prior to June 13, 1902, or thereafter provided for. And the board shall submit to the Chief of Engineers recommendations as to the desirability of commencing or continuing any and all improvements upon which reports are required. And in the consideration of such works and projects the board shall have in view the amount and character of commerce existing or reasonably prospective which will be benefited by the improvement, and the relation of the ultimate cost of such work, both as to cost of construction and maintenance, to the public commercial interests involved, and the public necessity for the work and propriety of its construction, continuance, or maintenance at the expense of the United States. And such consideration shall be given as time permits to such works as have, prior to June 13, 1902, been provided for by Congress, the same as in the case of new works proposed. The board shall, when it considers the same necessary, and with the sanction and under orders from the Chief of Engineers, make, as a board or through its members, personal examinations of localities. And all facts, information, and arguments which are presented to the board for its consideration in connection with any matter referred to it by the Chief of Engineers shall be reduced to and submitted in writing, and made a part of the records of the office of the Chief of Engineers. It shall further be the duty of said board, upon a request transmitted to the Chief of Engineers by the Committee on Public Works and Transportation of the House of Representatives, or the Committee on Environment and Public Works of the Senate, in the same manner to examine and report through the Chief of Engineers upon any projects adopted, prior to June 13, 1902, by the Government or upon which appropriations have been made, and report upon the desirability of continuing the same or upon any modifications thereof which may be deemed desirable. As used in this section the term 'commerce' shall include the use of waterways by seasonal passenger craft, yachts, house boats, fishing boats, motor boats, and other similar water craft, whether or not operated for hire. The board shall have authority, with the approval of the Chief of Engineers, to rent quarters, if necessary, for the proper transaction of its business, and to employ such civil employees as may, in the opinion of the Chief of Engineers, be required for properly transacting the business assigned to it, and the necessary expenses of the board shall be paid from allotments made by the Chief of Engineers from any appropriations made by Congress for the work or works to which the duties of the board pertain. -SOURCE- (June 13, 1902, ch. 1079, Sec. 3, 32 Stat. 372; Mar. 4, 1913, ch. 144, Sec. 4, 37 Stat. 827; Feb. 10, 1932, ch. 26, 47 Stat. 42; Aug. 2, 1946, ch. 753, title I, Sec. 102, 121, 60 Stat. 814, 822; H. Res. 988, Oct. 8, 1974; S. Res. 4, Feb. 4, 1977.) -COD- CODIFICATION The original text of section 3 of act June 13, 1902, provided for 'a board of five engineer officers, whose duties shall be fixed by the Chief of Engineers.' The last proviso of act Mar. 4, 1913, provided 'that said board shall consist of seven members, a majority of whom shall be of rank not less than lieutenant colonel.' Other parts of section 4 of act Mar. 4, 1913, are set out in section 542 of this title. -MISC3- AMENDMENTS 1932 - Act Feb. 10, 1932, inserted sentence defining 'commerce'. -CHANGE- CHANGE OF NAME Under act Aug. 2, 1946, matters relating to improvement of rivers and harbors are referred to Committees on Public Works of the Senate and the House of Representatives, in lieu of House Committee on Rivers and Harbors and Senate Committee on Commerce. Committee on Public Works of the House of Representatives changed to Committee on Public Works and Transportation of the House of Representatives, effective Jan. 3, 1975, by House Resolution 988, 93d Congress. Committee on Public Works of the Senate abolished and replaced by Committee on Environment and Public Works of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the 'Committee System Reorganization Amendments of 1977'), approved Feb. 4, 1977. -MISC4- WATERWAYS COMMISSION Act Aug. 8, 1917, ch. 49, Sec. 18, 40 Stat. 269, created a commission to be known as the Waterways Commission, to bring into coordination and cooperation the engineering, scientific, and constructive services, bureaus, boards, etc., relating to study development, or control of waterways, etc. It was repealed by act June 10, 1920, ch. 285, Sec. 29, 41 Stat. 1077. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 426-3, 542 of this title. ------DocID 40017 Document 375 of 1330------ -CITE- 33 USC Sec. 542 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 542. Review by Board of Engineers of reports on examinations and surveys and special reports -STATUTE- All reports on examinations and surveys authorized by law shall be reviewed by the Board of Engineers for Rivers and Harbors as provided for in section 541 of this title, and all special reports ordered by Congress shall, in the discretion of the Chief of Engineers, be reviewed in like manner by said board; and the said board shall also, on request by resolution of the Committee on Environment and Public Works of the Senate or the Committee on Public Works and Transportation of the House of Representatives, submitted to the Chief of Engineers, examine and review the report of any examination or survey made pursuant to any Act or resolution of Congress, and report thereon through the Chief of Engineers, United States Army, who shall submit his conclusions thereon as in other cases: Provided, That in no case shall the board, in its report thus called for by committee resolution, extend the scope of the project contemplated in the original report upon which its examination and review has been requested, or in the provision of law authorizing the original examination or survey. -SOURCE- (Mar. 4, 1913, ch. 144, Sec. 4, 37 Stat. 826; Aug. 2, 1946, ch. 753, title I, Sec. 102, 121, 60 Stat. 814, 822; H. Res. 988, Oct. 8, 1974; S. Res. 4, Feb. 4, 1977.) -COD- CODIFICATION Section is from part of section 4 of act Mar. 4, 1913, popularly known as the 'Rivers and Harbors Act of 1913'. The last proviso of said section 4 is set out in section 541 of this title. -CHANGE- CHANGE OF NAME Under act Aug. 2, 1946, matters relating to improvement of rivers and harbors are referred to Committees on Public Works of the Senate and the House of Representatives, in lieu of Senate Committee on Commerce and House Committee on Rivers and Harbors. Committee on Public Works of the House of Representatives was changed to Committee on Public Works and Transportation of the House of Representatives, effective Jan. 3, 1975, by House Resolution 988, 93d Congress. Committee on Public Works of the Senate abolished and replaced by Committee on Environment and Public Works of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the 'Committee System Reorganization Amendments of 1977'), approved Feb. 4, 1977. -TRANS- TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949. ------DocID 40018 Document 376 of 1330------ -CITE- 33 USC Sec. 543 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 543. Employment of civil engineers on western and northwestern rivers -STATUTE- The Chief of Engineers may, with the approval of the Secretary of the Army, employ such civil engineers, not exceeding five in number, for the purpose of executing the surveys and improvements of western and northwestern rivers, ordered by Congress, as may be necessary to the proper and diligent prosecution of the same; and the persons so employed may be allowed a reasonable compensation for their services, not to exceed the sum of $3,000 a year. -SOURCE- (R.S. Sec. 5253; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION R.S. Sec. 5253 derived from Res. Mar. 29, 1867, No. 27, 15 Stat. 28. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949. ------DocID 40019 Document 377 of 1330------ -CITE- 33 USC Sec. 544 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 544. Repealed. Aug. 19, 1968, Pub. L. 88-448, Sec. 402(a)(9), 78 Stat. 493 -MISC1- Section, act June 3, 1896, ch. 314, Sec. 7, 29 Stat. 235, related to employment of retired officers of the Army or Navy on river and harbour improvements. See section 5532 of Title 5, Government Organization and Employees. ------DocID 40020 Document 378 of 1330------ -CITE- 33 USC Sec. 544a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 544a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 650 -MISC1- Section, act June 20, 1938, ch. 535, Sec. 5, 52 Stat. 805, related to employment of retired civil service employees. See section 3323 of Title 5, Government Organization and Employees. ------DocID 40021 Document 379 of 1330------ -CITE- 33 USC Sec. 544b -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 544b. Employment of physicians to examine employees; fee or employment basis; validation of prior agreements -STATUTE- The Chief of Engineers may authorize the employment of physicians under agreement, to make such physical examinations of employees or prospective employees as he may consider essential, on a fee or regular employment basis, and all agreements entered into prior to March 2, 1945, for such purposes are validated, and the Comptroller General is authorized and directed to allow credit in the accounts of disbursing officers for reasonable payments made prior to March 2, 1945, for such services. -SOURCE- (Mar. 2, 1945, ch. 19, Sec. 5, 59 Stat. 24.) -TRANS- TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949. ------DocID 40022 Document 380 of 1330------ -CITE- 33 USC Sec. 544c -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 544c. Minority group participation in construction of the Tennessee-Tombigbee Waterway project; annual report to Congress -STATUTE- The Secretary of the Army, acting through the Chief of Engineers, is directed to make a maximum effort to assure the full participation of members of minority groups, living in the States participating in the Tennessee-Tombigbee Waterway Development Authority, in the construction of the Tennessee-Tombigbee Waterway project, including actions to encourage the use, wherever possible, of minority owned firms. The Chief of Engineers is directed to report on July 1 of each year to the Congress on the implementation of this section, together with recommendation for any legislation that may be needed to assure the fuller and more equitable participation of members of minority groups in this project or others under the direction of the Secretary. -SOURCE- (Pub. L. 94-587, Sec. 185, Oct. 22, 1976, 90 Stat. 2941.) ------DocID 40023 Document 381 of 1330------ -CITE- 33 USC Sec. 545 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 545. Preliminary examinations and reports; surveys; contents of report to Congress generally -STATUTE- In all cases where preliminary examinations and surveys are authorized a preliminary examination of the river, harbor, or other proposed improvement mentioned shall first be made and a report as to the advisability of its improvement shall be submitted unless a survey or estimate is expressly directed. If upon such preliminary examination the proposed improvement is not deemed advisable, no further action shall be taken thereon without the further direction of Congress; but in case the report shall be favorable to such proposed improvement, or that a survey and estimate should be made to determine the advisability of improvement, the Secretary of the Army is authorized, in his discretion, to cause surveys to be made, and the cost and advisability to be reported to Congress. And such reports containing plans and estimates shall also contain a statement as to the rate at which the work should be prosecuted: Provided, That every report submitted to Congress, in addition to full information regarding the present and prospective commercial importance of the project covered by the report and the benefit to commerce likely to result from any proposed plan of improvement, shall also contain such data as it may be practicable to secure in regard to the following subjects: (a) The existence and establishment of both private and public terminal and transfer facilities contiguous to the navigable water proposed to be improved, and, if water terminals have been constructed, the general location, description, and use made of the same, with an opinion as to their adequacy and efficiency, whether private or public. If no public terminals have been constructed, or if they are inadequate in number, there shall be included in the report an opinion in general terms as to the necessity, number, and appropriate location of the same, and also the necessary relations of such proposed terminals to the development of commerce. (b) The development and utilization of water power for industrial and commercial purposes. (c) Such other subjects as may be properly connected with such project: Provided, That in the investigation and study of these questions consideration shall be given only to their bearing upon the improvement of navigation, to the possibility and desirability of their being coordinated in a logical and proper manner with improvements for navigation to lessen the cost of such improvements and to compensate the Government for expenditures made in the interest of navigation, and to their relation to the development and regulation of commerce: Provided further, That the investigation and study of these questions may, upon review by the Board of Engineers for Rivers and Harbors when called for as provided by law, be extended to any work of improvement under way and to any locality the examination and survey of which has heretofore been, or may hereafter be, authorized by Congress. -SOURCE- (Mar. 4, 1913, ch. 144, Sec. 3, 37 Stat. 825; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION This section and the second paragraph of section 556 of this title are from section 3 of act Mar. 4, 1913, popularly known as the 'Rivers and Harbors Appropriation Act of 1913'. That section superseded similar provisions of act June 25, 1910, ch. 382, Sec. 3, 36 Stat. 668, for reports, investigations on review by the board of Engineers and for the printing of reports. -MISC3- PRIOR PROVISIONS Provision for report of examinations of river and harbor improvements appeared in R.S. Sec. 231, repealed by act Mar. 3, 1933, ch. 202, Sec. 1, 47 Stat. 1428, and read as follows: 'The Secretary of War shall cause to be prepared and submitted to Congress, in connection with the reports of examinations and surveys of rivers and harbors hereafter made by order of Congress, full statements of all existing facts tending to show to what extent the general commerce of the country will be promoted by the several works of improvements contemplated by such examinations and surveys, to the end that public moneys shall not be applied excepting where such improvements shall tend to subserve the general commercial and navigation interests of the United States.' -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. -MISC4- TEMPORARY PROHIBITORY PROVISIONS Provisions prohibiting supplemental reports or estimates, prohibiting the making of examination or survey for new works not designated, and providing that projects were not to be deemed entered upon until appropriations were made, appeared in various rivers and harbors appropriation acts. They are omitted from the Code as superseded or temporary. REPORT ON IMPROVEMENTS FOR COASTAL DEFENSE PURPOSES The Secretary of War and the Secretary of the Navy were authorized and directed to report to Congress at the earliest practicable date, such specific plans for improvement of harbors, canals and connecting channels as would best provide adequate facilities for operations of the fleet for defense of the harbors on the Atlantic, Gulf, and Pacific coasts; also the feasible extensions requisite to make existing approved projects for improvement of such harbors, canals, and channels available for such purposes, and the cost of each such several improvements, calculated upon the basis of completion under contract within five years, by act Aug. 29, 1916, ch. 417, 39 Stat. 556, omitted from the Code as special and temporary. PRELIMINARY EXAMINATIONS AND SURVEYS OF GREAT LAKES The Secretary of War was directed to cause preliminary examinations and surveys to be made of the harbors and connecting waters of the Great Lakes with a view to determining what additional improvements would be necessary to permit those waterways to accommodate vessels to pass through the Welland Canal when enlarged by the Dominion of Canada, including report as to the character and draft of vessels which might be expected to use the canal when so enlarged, by a provision of the Rivers and Harbors Appropriation Act of 1916, act July 27, 1916, ch. 260, Sec. 2, 39 Stat. 411, omitted from the Code as special and temporary. -CROSS- CROSS REFERENCES Discontinuance of preliminary examination reports, see section 545a of this title. ------DocID 40024 Document 382 of 1330------ -CITE- 33 USC Sec. 545a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 545a. Discontinuance -STATUTE- For preliminary examinations and surveys authorized in previous river and harbor and flood-control Acts, the Secretary of the Army is directed to cause investigations and reports for navigation and allied purposes to be prepared under the supervision of the Chief of Engineers in the form of survey reports, and that preliminary examination reports shall no longer be required to be prepared. -SOURCE- (Pub. L. 85-500, title I, Sec. 105, July 3, 1958, 72 Stat. 300.) -REFTEXT- REFERENCES IN TEXT Previous river and harbor and flood-control Acts, referred to in text, means those acts prior to the River and Harbor Act of 1958 and the Flood Control Act of 1958, titles I and II, respectively, of Pub. L. 85-500. ------DocID 40025 Document 383 of 1330------ -CITE- 33 USC Sec. 546 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 546. Investigation of stream flow and watersheds; surveys in connection with dams -STATUTE- The surveys of navigable streams shall include such stream-flow measurements and other investigations of the watersheds as may be necessary for preparation of plans of improvement and a proper consideration of all uses of the stream affecting navigation, and whenever necessary similar investigations may be made in connection with all navigable streams under improvement. Whenever permission for the construction of dams in navigable streams is granted, or is under consideration by Congress, such surveys and investigations of the sections of the streams affected may be made as are necessary to secure conformity with rational plans for the improvement of the streams for navigation. -SOURCE- (June 25, 1910, ch. 382, Sec. 3, 36 Stat. 669.) -COD- CODIFICATION Section is from section 3 of act June 25, 1910, popularly known as the 'Rivers and Harbors Appropriation Act of 1910'. Other provisions of such section were omitted, as superseded by section 545 of this title. -MISC3- PRIOR PROVISIONS General provisions regulating the construction of dams were made by the Dam Act of June 21, 1906, ch. 3508, 34 Stat. 386, as amended by act June 23, 1910, ch. 360, 36 Stat. 593, apparently omitted from the Code as superseded. ------DocID 40026 Document 384 of 1330------ -CITE- 33 USC Sec. 546a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 546a. Information as to configuration of shore line -STATUTE- Every report submitted to Congress in pursuance of any provision of law for preliminary examination and survey looking to the improvement of the entrance at the mouth of any river or at any inlet, in addition to other information which the Congress has directed shall be given, shall contain information concerning the configuration of the shore line and the probable effect thereon that may be expected to result from the improvement having particular reference to erosion and/or accretion for a distance of not less than ten miles on either side of the said entrance. -SOURCE- (Aug. 30, 1935, ch. 831, Sec. 5, 49 Stat. 1048.) ------DocID 40027 Document 385 of 1330------ -CITE- 33 USC Sec. 547 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 547. Reports as to local benefits of improvement and recommendations as to local cooperation -STATUTE- Every report submitted to Congress in pursuance of any provision of law for a survey, in addition to other information which the Congress has directed shall be given, shall contain a statement of special or local benefit which will accrue to localities affected by such improvement and a statement of general or national benefits, with recommendations as to what local cooperation should be required, if any, on account of such special or local benefit. -SOURCE- (June 5, 1920, ch. 252, Sec. 2, 41 Stat. 1010.) -COD- CODIFICATION Section is from act June 5, 1920, popularly known as the 'Rivers and Harbors Appropriation Act of 1921'. ------DocID 40028 Document 386 of 1330------ -CITE- 33 USC Sec. 547a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 547a. Inclusion of regional economic development benefits in economic analysis for purposes of computing economic justification of project -STATUTE- In the case of any authorized navigation project which has been partially constructed, or is to be constructed, which is located in one or more States, and which serves regional needs, the Secretary of the Army, acting through the Chief of Engineers, may include in any economic analysis which is under preparation on October 22, 1976, such regional economic development benefits as he determines to be appropriate for purposes of computing the economic justification of the project. -SOURCE- (Pub. L. 94-587, Sec. 140, Oct. 22, 1976, 90 Stat. 2930.) ------DocID 40029 Document 387 of 1330------ -CITE- 33 USC Sec. 548 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 548. Omitted -COD- CODIFICATION Section, act Mar. 3, 1925, ch. 467, Sec. 7, 43 Stat. 1191, required a report on projects adopted prior to March 3, 1925. ------DocID 40030 Document 388 of 1330------ -CITE- 33 USC Sec. 549 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 549. Repealed. Pub. L. 96-470, title I, Sec. 104(c), Oct. 19, 1980, 94 Stat. 2238 -MISC1- Section, act Mar. 3, 1899, ch. 425, Sec. 7, 30 Stat. 1150, provided that Chief of Engineers, in submitting his annual reports to Congress on river and harbor improvements, report on deterioration in improvements, estimate cost of repairing or rebuilding such works, and recommend discontinuance of appropriations for any works deemed unworthy of further improvement. ------DocID 40031 Document 389 of 1330------ -CITE- 33 USC Sec. 550 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 550. Report on water terminal and transfer facilities -STATUTE- The Chief of Engineers, United States Army, shall indicate in his annual reports the character of the terminal and transfer facilities existing on every harbor or waterway under maintenance or improvement by the United States, and state whether they are considered adequate for existing commerce. He shall also submit one or more special reports on this subject, as soon as possible after January 18, 1918, including, among other things, the following: (a) A brief description of such water terminals, including location and the suitability of such terminals to the existing traffic conditions, and whether such terminals are publicly or privately owned, and the terms and conditions under which they may be subjected to public use. (b) Whether such water terminals are connected by a belt or spur line of railroad with all the railroads serving the same territory or municipality, and whether such connecting railroad is owned by the public and the conditions upon which the same may be used, and also whether there is an interchange of traffic between the water carriers and the railroad or railroads as to such traffic which is carried partly by rail and partly by water to its destination, and also whether improved and adequate highways have been constructed connecting such water terminal with the other lines of highways. (c) If no water terminals have been constructed by the municipality or other existing public agency there shall be included in his report an expression of opinion in general terms as to the necessity, number, and appropriate location of such a terminal or terminals. (d) An investigation of the general subject of water terminals, with descriptions and general plans of terminals of appropriate types and construction for the harbors and waterways of the United States suitable for various commercial purposes and adapted to the varying conditions of tides, floods, and other physical characteristics. -SOURCE- (July 18, 1918, ch. 155, Sec. 7, 40 Stat. 911.) -COD- CODIFICATION Section is from act July 18, 1918, popularly known as the 'Rivers and Harbors Appropriation Act of 1918'. ------DocID 40032 Document 390 of 1330------ -CITE- 33 USC Sec. 551 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 551. Policy of Government as to terminal facilities for new projects -STATUTE- It is declared to be the policy of the Congress that water terminals are essential at all cities and towns located upon harbors or navigable waterways and that at least one public terminal should exist, constructed, owned, and regulated by the municipality or other public agency of the State and open to the use of all on equal terms. The Secretary of the Army, through the Chief of Engineers, shall give full publicity, as far as may be practicable, to this provision. -SOURCE- (Mar. 2, 1919, ch. 95, Sec. 1, 40 Stat. 1286; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act Mar. 2, 1919, popularly known as the 'Rivers and Harbors Appropriation Act of 1919'. The original text of said section 1 read as follows: 'It is hereby declared to be the policy of the Congress that water terminals are essential at all cities and towns located upon harbors or navigable waterways and that at least one public terminal should exist, constructed, owned, and regulated by the municipality, or other public agency of the State and open to the use of all on equal terms, and with the view of carrying out this policy to the fullest possible extent the Secretary of War is hereby vested with the discretion to withhold, unless the public interests would seriously suffer by delay, monies appropriated in this Act for new projects adopted herein, or for the further improvement of existing projects if, in his opinion, no water terminals exist adequate for the traffic and open to all on equal terms, or unless satisfactory assurances are received that local or other interests will provide such adequate terminal or terminals. The Secretary of War, through the Chief of Engineers, shall give full publicity, as far as may be practicable, to this provision.' -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. ------DocID 40033 Document 391 of 1330------ -CITE- 33 USC Sec. 552 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 552. Repealed. May 29, 1928, ch. 901, Sec. 1(28), 45 Stat. 988 -MISC1- Section, act Aug. 5, 1886, ch. 929, Sec. 8, 24 Stat. 335, required reports to Congress concerning civilian engineers employed in improving rivers and harbors. ------DocID 40034 Document 392 of 1330------ -CITE- 33 USC Sec. 553 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 553. Freight statistics -STATUTE- In the collection of statistics relating to traffic, the Corps of Engineers is directed to adopt a uniform system of classification for freight, and upon rivers or inland waterways to collate ton-mileage statistics as far as practicable. -SOURCE- (July 25, 1912, ch. 253, Sec. 1, 37 Stat. 223.) -COD- CODIFICATION Section is from part of section 1 of act July 25, 1912, popularly known as the 'Rivers and Harbors Appropriation Act of 1912'. ------DocID 40035 Document 393 of 1330------ -CITE- 33 USC Sec. 554 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 554. Duty of shipowners and officers to furnish information to person in local charge of improvement; penalty -STATUTE- Owners, agents, masters, and clerks of vessels arriving at or departing from localities where works of river and harbor improvement are carried on shall furnish, on application of the persons in local charge of the works, a comprehensive statement of vessels, passengers, freight, and tonnage. Every person or persons offending against the provisions of this section shall, for each and every offense, be liable to a fine of $100, or imprisonment not exceeding two months, to be enforced in any district court in the United States within whose territorial jurisdiction such offense may have been committed. -SOURCE- (Feb. 21, 1891, ch. 252, Sec. 1, 2, 26 Stat. 766.) ------DocID 40036 Document 394 of 1330------ -CITE- 33 USC Sec. 555 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 555. Duty of shipowners and officers to furnish information required by Secretary of the Army -STATUTE- Owners, agents, masters, and clerks of vessels and other craft plying upon the navigable waters of the United States, and all individuals and corporations engaged in transporting their own goods upon the navigable waters of the United States, shall furnish such statements relative to vessels, passengers, freight, and tonnage as may be required by the Secretary of the Army: Provided, That this provision shall not apply to those rafting logs except upon a direct request upon the owner to furnish specific information. Every person or persons offending against the provisions of this section shall, for each and every offense, be liable to a fine of not more than $5,000, or imprisonment not exceeding two months, to be enforced in any district court in the United States within whose territorial jurisdiction such offense may have been committed. In addition, the Secretary may assess a civil penalty of up to $2,500, per violation, against any person or entity that fails to provide timely, accurate statements required to be submitted pursuant to this section by the Secretary. -SOURCE- (Sept. 22, 1922, ch. 427, Sec. 11, 42 Stat. 1043; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Nov. 17, 1986, Pub. L. 99-662, title IX, Sec. 919(f), 100 Stat. 4193.) -COD- CODIFICATION Section is from act Sept. 22, 1922, popularly known as the 'Rivers and Harbors Appropriation Act of 1922'. -MISC3- AMENDMENTS 1986 - Pub. L. 99-662 substituted 'not more than $5,000' for '$100' and inserted 'In addition, the Secretary may assess a civil penalty of up to $2,500, per violation, against any person or entity that fails to provide timely, accurate statements required to be submitted pursuant to this section by the Secretary.' -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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 555a of this title. ------DocID 40037 Document 395 of 1330------ -CITE- 33 USC Sec. 555a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 555a. Petroleum product information -STATUTE- (a) Disclosure to States The Secretary shall disclose petroleum product information to any State taxing agency making a request under subsection (b) of this section. Such information shall be disclosed for the purpose of, and only to the extent necessary in, the administration of State tax laws. (b) Requests for disclosure Disclosure of information under this section shall be permitted only upon written request by the head of the State taxing agency and only to the representatives of such agency designated in such written request as the individuals who are to inspect or to receive the information on behalf of such agency. Any such representative shall be an employee or legal representative of such agency. (c) Modes of disclosure (1) Requests for the disclosure of information under this section, and such disclosure, shall be made in such manner and at such time and place as shall be prescribed by the Secretary. (2) Information disclosed to any person under this section may be provided in the form of written documents or reproductions of such documents, or by any other mode or means which the Secretary determines necessary or appropriate. A reasonable fee may be prescribed for furnishing such information. (3) Any reproduction of any document or other matter made in accordance with this subsection shall have the same legal status as the original, and any such reproduction shall, if properly authenticated, be admissible in evidence in any judicial or administrative proceeding as if it were the original, whether or not the original is in existence. (d) Confidentiality of disclosed information The Secretary shall not disclose information to a State taxing agency of a State under this section unless such State has in effect provisions of law which - (1) exempt such information from disclosure under a State law requiring agencies of the State to make information available to the public, or (2) otherwise protect the confidentiality of the information. Nothing in the preceding sentence shall be construed to prohibit the disclosure by an officer or employee of a State of information to another officer or employer of such State (or political subdivision of such State) to the extent necessary in the administration of State tax laws. (e) Definitions For purposes of this section, the term - (1) 'petroleum product information' means information relating to petroleum products transported by vessel which is received by the Secretary (A) under section 555 of this title, or (B) under any other legal authority; and (2) 'State taxing agency' means any State agency, body, or commission, or its legal representative, which is charged under the laws of such State with responsibility for the administration of State tax laws. (f) Omitted -SOURCE- (Pub. L. 99-662, title IX, Sec. 919, Nov. 17, 1986, 100 Stat. 4192.) -COD- CODIFICATION Subsec. (f) of this section amended section 555 of this title. -CROSS- DEFINITIONS Secretary means the Secretary of the Army, see section 2201 of this title. ------DocID 40038 Document 396 of 1330------ -CITE- 33 USC Sec. 556 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 556. Printing reports generally -STATUTE- The Secretary of the Army shall cause the manuscript of the annual report of the Chief of Engineers and subordinate engineers, relating to the improvement of rivers and harbors, and the report of the Mississippi River Commission to be placed in the hands of the Public Printer on or before the 15th day of October in each year, and the Public Printer shall cause said reports to be printed with an accurate and comprehensive index thereof, on or before the first Monday in December in each year, for the use of Congress. All reports on examinations and surveys which may be prepared during the recess of Congress shall, in the discretion of the Secretary of the Army, be printed by the Public Printer as documents of the following session of Congress. -SOURCE- (Aug. 11, 1888, ch. 860, Sec. 8, 25 Stat. 424; June 13, 1902, ch. 1079, Sec. 1, 32 Stat. 367; Mar. 4, 1913, ch. 144, Sec. 3, 37 Stat. 826; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION The first paragraph of this section is from act Aug. 11, 1888, popularly known as the 'Rivers and Harbors Appropriation Act'. The Mississippi River Commission was created by act June 28, 1879, set out as sections 641, 642, 644, 646, and 647 of this title. The words 'and Missouri' which appeared in the original text after 'Mississippi' were superseded by the abolition of the Missouri River Commission by act June 13, 1902, ch. 1079, Sec. 1, 32 Stat. 367. The second paragraph of this section is from the last paragraph of section 3 of act Mar. 4, 1913, which superseded a similar provision of act July 25, 1912, ch. 253, 37 Stat. 231. Other parts of said section 3 are set out in section 545 of this title. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -MISC4- COMPILATION AND PRINTING OF LAWS Act June 5, 1920, ch. 252, Sec. 6, 41 Stat. 1014, as amended by act Mar. 3, 1925, ch. 467, Sec. 4, 43 Stat. 1190, provided for compilation and printing of laws relating to improvement of rivers and harbors, passed between Mar. 4, 1913, until and including laws of second session of Sixty-eighth Congress. -CROSS- CROSS REFERENCES Time of furnishing manuscript and proofs of annual reports and accompanying documents to Public Printer, see section 1111 of Title 44, Public Printing and Documents. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 2295 of this title. ------DocID 40039 Document 397 of 1330------ -CITE- 33 USC Sec. 557 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 557. Payment of costs of printing -STATUTE- The printing of matter relating to river and harbor works, including all reports, compilations, regulations, and so forth, whose preparation is allowable under Department of the Army regulations, shall be done and paid for out of regular annual appropriations for printing and binding for the Department of the Army. -SOURCE- (July 25, 1912, ch. 253, Sec. 13, 37 Stat. 234; July 1, 1916, ch. 209, Sec. 1, 39 Stat. 330; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from section 1 of act July 1, 1916, repealing section 13 of act July 25, 1912. Section 1 of that act was a provision, following an appropriation for printing for the War Department, of the Sundry Civil Appropriation Act for 1917. The repealed section 13 of act July 25, 1912, read as follows: 'The printing of matter relating to river and harbor works, including all reports, compilations, regulations, and so forth, whose preparation is allowable under War Department regulations, may, upon recommendation of the Chief of Engineers and approval by the Secretary of War, be paid for from river and harbor appropriations.' -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. ------DocID 40040 Document 398 of 1330------ -CITE- 33 USC Sec. 557a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 557a. Publication of pamphlets, maps, brochures, and other material -STATUTE- The Chief of Engineers is authorized to publish information pamphlets, maps, brochures, and other material on river and harbor, flood control, and other civil works activities, including related public park and recreation facilities, under his jurisdiction, as he may deem to be of value to the general public. -SOURCE- (Pub. L. 85-480, Sec. 1, July 2, 1958, 72 Stat. 279.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 557b of this title. ------DocID 40041 Document 399 of 1330------ -CITE- 33 USC Sec. 557b -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 557b. Sale of publications, charts, or other material; deposit of proceeds -STATUTE- The Chief of Engineers is authorized to provide for the sale of any of the material prepared under authority of section 557a of this title; and of publications, charts, or material prepared under his direction pursuant to other legislative authorization or appropriation, and to charge therefor a sum not less than the cost of reproduction. The money received from sales authorized by this section shall be deposited into the Treasury to the credit of miscellaneous receipts, except that in any case in which the cost of reproduction has been paid from the revolving fund established pursuant to the Civil Functions Appropriation Act, 1954, the proceeds shall be deposited to the credit of such fund. -SOURCE- (Pub. L. 85-480, Sec. 2, July 2, 1958, 72 Stat. 279.) -REFTEXT- REFERENCES IN TEXT The Civil Functions Appropriation Act, 1954, referred to in text, is act July 27, 1953, ch. 245, 67 Stat. 197. Provisions of the Act establishing the revolving fund are classified to sections 576 and 701b-10 of this title. ------DocID 40042 Document 400 of 1330------ -CITE- 33 USC Sec. 558 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 558. Proceeds from sale or transfer of property acquired -STATUTE- When any property which has been heretofore or may be hereafter purchased or acquired for the improvement of rivers and harbors is no longer needed, or is no longer serviceable and is transferred or sold, the proceeds thereof may be credited to the appropriation for the work for which it was acquired. -SOURCE- (June 13, 1902, ch. 1079, Sec. 5, 32 Stat. 373; Feb. 20, 1931, ch. 235, 46 Stat. 1191; Oct. 31, 1951, ch. 654, Sec. 4(4), 65 Stat. 709.) -COD- CODIFICATION Section originally began with the words 'when any land or other' preceding 'property'. The words, 'land or other', were deleted on the basis of act February 20, 1931, which provided, 'that hereafter no real estate of the War Department shall be sold or disposed of without authority of Congress, and all existing Acts or parts thereof in conflict with this proviso, other than special Acts for the sale of stated tracts of land, are hereby repealed.' Section is from the first part of section 5 of act June 13, 1902, which was a provision of the Rivers and Harbors Appropriation Act for 1902. The last part of such section 5 is set out as section 631 of this title. -MISC3- AMENDMENTS 1951 - Act Oct. 31, 1951, struck out provisions authorizing the Secretary of the Army to sell the unserviceable property referred to, and authorizing him to direct the transfer of any property employed in river and harbor works; struck out the provision that the property so transferred should be valued and credited to the project upon which it was theretofore used and charged to the project to which it was transferred; and inserted 'and is transferred or sold, the proceeds thereof may be credited to the appropriation for the work for which it was acquired'. ------DocID 40043 Document 401 of 1330------ -CITE- 33 USC Sec. 558a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 558a. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(56), 65 Stat. 703 -MISC1- Section, act Aug. 30, 1935, ch. 831, Sec. 7, 49 Stat. 1048, related to sale of property no longer needed for improvement of canals, rivers and harbors. See sections 483, 484 and 485 of Title 40, Public Buildings, Property, and Works. ------DocID 40044 Document 402 of 1330------ -CITE- 33 USC Sec. 558b -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 558b. Exchange of land or property -STATUTE- In any case in which it may be necessary or advisable in the execution of an authorized work of river and harbor improvement to exchange land or other property of the Government for private lands or property required for such project, the Secretary of the Army may, upon the recommendation of the Chief of Engineers, authorize such exchange upon terms and conditions deemed appropriate by him, and any conveyance of Government land or interests therein necessary to effect such exchange may be executed by the Secretary of the Army: Provided further, That the authority granted to the Secretary of the Army shall not extend to or include lands held or acquired by the Tennessee Valley Authority pursuant to the terms of the Tennessee Valley Authority Act (16 U.S.C. 831 et seq.). This section shall apply to any exchanges heretofore deemed advisable in connection with the construction of the Bonneville Dam in the Columbia River. -SOURCE- (June 20, 1938, ch. 535, Sec. 2, 52 Stat. 804; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -REFTEXT- REFERENCES IN TEXT The Tennessee Valley Authority Act, referred to in text, is act May 18, 1933, ch. 32, 48 Stat. 58, as amended, known as the Tennessee Valley Authority Act of 1933, which is classified generally to chapter 12A (Sec. 831 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 831 of Title 16 and Tables. -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. -CROSS- CROSS REFERENCES Bonneville Project, see sections 832 to 832l of Title 16, Conservation. Flood control, applicability of this section to works of, see section 558b-1 of this title. ------DocID 40045 Document 403 of 1330------ -CITE- 33 USC Sec. 558b-1 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 558b-1. Application to authorized works of flood control -STATUTE- Section 558b of this title is made applicable to authorized works of flood control. -SOURCE- (Aug. 11, 1939, ch. 699, Sec. 3, 53 Stat. 1414.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 701b-4 of this title. ------DocID 40046 Document 404 of 1330------ -CITE- 33 USC Sec. 558c -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 558c. Rights-of-way over United States land -STATUTE- The Secretary of the Army is authorized and empowered, under such terms and conditions as are deemed advisable by him, to grant easements for rights-of-way for public roads and streets on and across lands acquired by the United States for river and harbor and flood control improvements including, whenever necessary, the privilege of occupying so much of said lands as may be necessary for the piers, abutments, and other portions of a bridge structure: Provided, That such rights-of-way shall be granted only upon a finding by the Secretary of the Army that the same will be in the public interest and will not substantially injure the interest of the United States in the property affected thereby: Provided further, That all or any part of such rights-of-way may be annulled and forfeited by the Secretary of the Army for failure to comply with the terms or conditions of any grant hereunder or for nonuse or for abandonment of rights granted under the authority hereof: Provided further, That the authority granted to the Secretary of the Army shall not extend to or include lands held or acquired by the Tennessee Valley Authority pursuant to the terms of the Tennessee Valley Authority Act (16 U.S.C. 831 et seq.). -SOURCE- (June 20, 1938, ch. 535, Sec. 10, 52 Stat. 808; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -REFTEXT- REFERENCES IN TEXT The Tennessee Valley Authority Act, referred to in text, is act May 18, 1933, ch. 32, 48 Stat. 58, as amended, known as the Tennessee Valley Authority Act of 1933, which is classified generally to chapter 12A (Sec. 831 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 831 of Title 16 and Tables. -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. ------DocID 40047 Document 405 of 1330------ -CITE- 33 USC Sec. 559 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 559. Disposition of rentals for Government plants -STATUTE- Amounts paid after August 8, 1917, by private parties or other agencies for rental of plant owned by the Government in connection with the prosecution of river and harbor works shall be deposited in each case to the credit of the appropriation to which the plant belongs. -SOURCE- (Aug. 8, 1917, ch. 49, Sec. 13, 40 Stat. 268.) -COD- CODIFICATION Section is from act Aug. 8, 1917, popularly known as the 'Rivers and Harbors Appropriation Act of 1917'. ------DocID 40048 Document 406 of 1330------ -CITE- 33 USC Sec. 560 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 560. Contributions from private parties; return of excess -STATUTE- The Secretary of the Army is authorized to receive from private parties such funds as may be contributed by them to be expended in connection with funds appropriated by the United States for any authorized work of public improvement of rivers and harbors whenever such work and expenditure may be considered by the Chief of Engineers as advantageous to the interests of navigation: Provided, That when contributions heretofore or hereafter made by local interests for river and harbor improvements, in accordance with specific requirements or under general authority of Congress, are in excess of the actual cost of the work contemplated and properly chargeable to such contributions, such excess contributions may, with the approval of the Secretary of the Army, be returned to the proper representatives of the contributing interests, unless the provision of law under which the contribution is made requires that the entire contribution be retained by the United States. -SOURCE- (Mar. 4, 1915, ch. 142, Sec. 4, 38 Stat. 1053; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act Mar. 4, 1915, popularly known as the 'Rivers and Harbors Appropriation Act of 1915'. -MISC3- PRIOR PROVISIONS Section superseded act Mar. 4, 1913, ch. 144, Sec. 8, 37 Stat. 827, which read as follows: 'The Secretary of War is hereby authorized to receive from private parties such funds as may be contributed by them to be expended in connection with funds appropriated by the United States for any authorized work of public improvement of rivers and harbors, whenever such work and expenditure may be considered by the Chief of Engineers as advantageous to the interests of navigation.' -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. -CROSS- CROSS REFERENCES Classification as trust funds, appropriation and disbursement of funds contributed for improvement of rivers and harbors, see section 1321 of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 561 of this title. ------DocID 40049 Document 407 of 1330------ -CITE- 33 USC Sec. 561 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 561. Advances by private parties; repayment -STATUTE- Whenever local interests shall offer to advance funds for the prosecution of a work of river and harbor improvement duly adopted and authorized by law the Secretary of the Army may, in his discretion, receive such funds and expend the same in the immediate prosecution of such work. The Secretary of the Army is authorized and directed to repay without interest, from appropriations which may be provided by Congress for river and harbor improvements, the moneys so contributed and expended: Provided, That no repayment of funds which may be contributed for the purpose of meeting any conditions of local cooperation imposed by Congress, nor under the authority of section 560 of this title shall be made. -SOURCE- (Mar. 3, 1925, ch. 467, Sec. 11, 43 Stat. 1197; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -CROSS- CROSS REFERENCES Classification as trust funds, appropriation and disbursement of funds advanced for improvement of rivers and harbors, see section 1321 of Title 31, Money and Finance. ------DocID 40050 Document 408 of 1330------ -CITE- 33 USC Sec. 561a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 561a. Contributions from local interests; reduction to meet lowered cost -STATUTE- When the authorization of a project of river and harbor improvement requires that local interests shall contribute a specific sum of money toward its cost, the Secretary of the Army, upon the recommendation of the Chief of Engineers, may reduce the sum to be contributed to an amount which shall be in the same ratio to the amount of the required contribution as the actual cost of the work to which said contribution is applicable bears to its original estimated cost as set forth in the project document. -SOURCE- (Mar. 3, 1933, ch. 216, 47 Stat. 1545; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION A prior provision that the reduction authorized by this section was not to apply to contributions made prior to Mar. 3, 1933, was omitted as obsolete. -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. ------DocID 40051 Document 409 of 1330------ -CITE- 33 USC Sec. 562 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 562. Channel depths and dimensions defined -STATUTE- In the preparation of projects under this and subsequent river and harbor acts, unless otherwise expressed, the channel depths referred to shall be understood to signify the depth at mean low water in tidal waters tributary to the Atlantic and Gulf coasts and at mean lower low water in tidal waters tributary to the Pacific coast and the mean depth for a continuous period of fifteen days of the lowest water in the navigation season of any year in rivers and nontidal channels, and the channel dimensions specified shall be understood to admit of such increase at the entrances, bends, sidings, and turning places as may be necessary to allow of the free movement of boats. -SOURCE- (Mar. 4, 1915, ch. 142, Sec. 5, 38 Stat. 1053.) -COD- CODIFICATION Section is from act Mar. 4, 1915, popularly known as the 'Rivers and Harbors Appropriation Act of 1915'. -MISC3- PRIOR PROVISIONS Section superseded act Mar. 4, 1913, ch. 144, Sec. 9, 37 Stat. 827, which read as follows: 'In the preparation of projects under this and subsequent river and harbor acts, unless otherwise expressed, the channel depths referred to shall be understood to signify the depth at mean lower low water in tidal waters, and the mean depth during the month of lowest water in the navigation season in rivers and nontidal channels, and the channel dimensions specified shall be understood to admit of such increase at the entrances, bends, sidings, and turning places as may be necessary to allow of the free movement of boats.' ------DocID 40052 Document 410 of 1330------ -CITE- 33 USC Sec. 562a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 562a. Project depths for national defense purposes; waterways for general commerce -STATUTE- The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to maintain authorized river and harbor projects in excess of authorized project depths where such excess depths have been provided by the United States for defense purposes and whenever the Chief of Engineers determines that such waterways also serve essential needs of general commerce. -SOURCE- (Pub. L. 90-483, title I, Sec. 117, Aug. 13, 1968, 82 Stat. 737.) ------DocID 40053 Document 411 of 1330------ -CITE- 33 USC Sec. 563 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 563. Omitted -COD- CODIFICATION Section, act Sept. 22, 1922, ch. 427, Sec. 6, 42 Stat. 1042, made unexpended funds, appropriated prior to Sept. 22, 1922, for river and harbor improvements, available for preservation and maintenance of existing river and harbor works and prosecution of desirable new projects. ------DocID 40054 Document 412 of 1330------ -CITE- 33 USC Sec. 564 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 564. Repealed. July 3, 1943, ch. 189, Sec. 5, 57 Stat. 374 -MISC1- Section, acts June 25, 1910, ch. 382, Sec. 4, 36 Stat. 676; June 5, 1920, ch. 252, Sec. 9, 41 Stat. 1015, related to settlement of claims for injury to or loss of private property. ------DocID 40055 Document 413 of 1330------ -CITE- 33 USC Sec. 565 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 565. River and harbor improvement by private or municipal enterprise -STATUTE- Any person or persons, corporations, municipal or private, who desire to improve any navigable river, or any part thereof, at their or its own expense and risk may do so upon the approval of the plans and specifications of said proposed improvement by the Secretary of the Army and Chief of Engineers of the Army. The plan of said improvement must conform with the general plan of the Government improvements, must not impede navigation, and no toll shall be imposed on account thereof, and said improvement shall at all times be under the control and supervision of the Secretary of the Army and Chief of Engineers. -SOURCE- (June 13, 1902, ch. 1079, Sec. 1, 32 Stat. 371; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act June 13, 1902, popularly known as the 'Rivers and Harbors Appropriation Act for 1902'. The provisions of this section followed an appropriation for emergencies. -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. -MISC4- CONSTRUCTION OF CANAL The consent of Congress was given to the construction of a ship canal along the Government right of way connecting the waters of Puget Sound with Lake Washington, said canal, when completed, to be turned over to the United States, by act June 11, 1906, ch. 3072, 34 Stat. 231. ------DocID 40056 Document 414 of 1330------ -CITE- 33 USC Sec. 566 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 566. Improvement by or under authority of State of New Jersey -STATUTE- Authority is given to the State of New Jersey, or, through it, to any commission, individual, corporation, or municipality, singly or collectively, designated by the legislature of said State, or by a commission appointed or authorized by said legislature, to improve the channels on the New Jersey seacoast, or any portion of said coast, or the waters adjacent thereto, lying between thirty-eight degrees fifty-six minutes and forty degrees twenty minutes north latitude, by dredging, or by the construction of piers, jetties, or breakwaters, or other river and harbor work of any description or nature adapted to attain the ends now pursued by the United States Government for the advantage of said coast or the relief of commerce: Provided, That such operations shall not encroach upon those portions of said coast, or the channels adjacent thereto, for which the United States Government may undertake similar work according to its own plans: And provided, That the plans for said work shall be placed on file with the Chief of Engineers of the Department of the Army for thirty days, during which time he is authorized to disapprove said plans and forbid such work if, in his judgment, the improvements when completed will interfere with navigation or with any works of the United States Government commenced or proposed to be made: Provided further, That no tolls or other charges upon commerce shall be imposed by those making such improvements: And provided further, That this section shall not be construed as affecting in any way the jurisdiction and control of the Federal Government over any waters that may be improved in pursuance of the provisions thereof, nor as exempting such waters from the operation of the laws heretofore or hereafter enacted by Congress for the preservation and protection of navigable waters. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (June 30, 1906, ch. 3923, Sec. 1, 2, 34 Stat. 800; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 40057 Document 415 of 1330------ -CITE- 33 USC Sec. 567 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 567. Navigation and flood control improvements by Minnesota, North Dakota, and South Dakota -STATUTE- Congress consents that the States of Minnesota, North Dakota, and South Dakota, or any two of them, may enter into any agreement or agreements with each other to aid in improving navigation and to prevent and control floods on boundary waters of said States and the waters tributary thereto. And said States, or any two of them, may agree with each other upon any project or projects for the purpose of making such improvements, and upon the amount of money to be contributed by each to carry out such projects. The Secretary of the Army is authorized and directed to make a survey of any project proposed, as aforesaid, by said States, or any two of them, to determine the feasibility and practicability thereof and the expenses of carrying the same into effect and what share of such expenses should be borne by the respective States, local interests, or by the National Government. If the Secretary of the Army approves any such projects, he may authorize the States to make such improvements at their own expense, but under his supervision. -SOURCE- (Aug. 8, 1917, ch. 49, Sec. 5, 40 Stat. 266; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from a part of section 5 of act Aug. 8, 1917, which act was popularly known as the 'Rivers and Harbors Appropriation Act for 1917'. The omitted part of such section read as follows: 'That the sum of $25,000, or so much thereof as may be necessary, is hereby appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, for the purpose of enabling the Secretary of War to make the surveys and estimates herein contemplated.' -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. ------DocID 40058 Document 416 of 1330------ -CITE- 33 USC Sec. 567a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 567a. Flood and pollution control compacts between certain States -STATUTE- The consent of the Congress of the United States is given to the States of Maine, New York, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, Pennsylvania, West Virginia, Kentucky, Indiana, Illinois, Tennessee, and Ohio, or any two or more of them, to negotiate and enter into agreements or compacts for conserving and regulating the flow, lessening flood damage, removing sources of pollution of the waters thereof, or making other public improvements on any rivers or streams whose drainage basins lie within any two or more of the said States. No such compact or agreement shall be binding or obligatory upon any State a party thereto unless and until it has been approved by the legislatures of each of the States whose assent is contemplated by the terms of the compact or agreement and by the Congress. -SOURCE- (June 8, 1936, ch. 542, Sec. 1, 2, 49 Stat. 1490.) -MISC1- APPROVAL OF COMPACT BY CONGRESS Act July 11, 1940, ch. 581, 54 Stat. 752, provided in part that: 'The consent and approval of Congress is hereby given to an interstate compact relating to the control and reduction of the pollution of the streams of the Ohio River drainage basin negotiated and entered into or to be entered into under authority of Public Resolution Numbered 104, Seventy-fourth Congress, approved June 8, 1936, (this section) and now ratified by the States of New York, Illinois, Kentucky, and Indiana, and by the State of Ohio (whose ratification is to go into effect at the time at which the States of New York, Pennsylvania, and West Virginia enter into said compact as parties and signatory States), also by the State of West Virginia (whose ratification is to go into effect at the time at which the States of New York, Ohio, Virginia, and Pennsylvania enter into said compact as parties and signatory States) * * *.' 'Sec. 2. Without further submission of said compact, the consent of Congress is hereby given to the State of Virginia or any other State with waters in the Ohio River drainage basin, entering into said compact as a signatory State and party in addition to the States therein named or any of them. 'Sec. 3. The commissioners to represent the United States, as provided in article IV of said compact, shall be appointed by the President. 'Sec. 4. Nothing contained in this Act or in the compact herein approved shall be construed as impairing or affecting the sovereignty of the United States or any of its rights or jurisdiction in and over the area or waters which are the subject of such compact. 'Sec. 5. The right to alter, amend, or repeal the provisions of section 1 is hereby expressly reserved.' ------DocID 40059 Document 417 of 1330------ -CITE- 33 USC Sec. 567b -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 567b. Pollution of Potomac drainage basin; control by State compacts -STATUTE- The consent of Congress is given to the States of Maryland and West Virginia and the Commonwealths of Virginia and Pennsylvania and the District of Columbia to enter into the compact to create a Potomac Valley Conservancy District and to establish an Interstate Commission on the Potomac River Basin: Provided, That nothing contained in such compact shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of this compact. -SOURCE- (July 11, 1940, ch. 579, 54 Stat. 748.) -COD- CODIFICATION Section is also set out in section 7-1301(a) of the District of Columbia Code. ------DocID 40060 Document 418 of 1330------ -CITE- 33 USC Sec. 567b-1 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 567b-1. Amended compact -STATUTE- The consent of Congress is hereby given to the States of Maryland and West Virginia and the Commonwealths of Virginia and Pennsylvania and the District of Columbia to adopt the aforementioned amendments and enter into the amended compact hereinbefore recited and every part and article thereof: Provided, That nothing contained in such amended compact shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of this compact: And provided further, That the consent herein given does not extend to section (F)(2) of article II of the amended compact. -SOURCE- (Sept. 25, 1970, Pub. L. 91-407, Sec. 1, 84 Stat. 860.) -REFTEXT- REFERENCES IN TEXT The amended compact, referred to in text, is set out in 84 Stat. 856 to 860. -COD- CODIFICATION Section is also set out in section 7-1302(a) of the District of Columbia Code. ------DocID 40061 Document 419 of 1330------ -CITE- 33 USC Sec. 568 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 568. Limitation on power of committee of Congress to consider projects -STATUTE- No project shall be considered by any committee of Congress with a view to its adoption, except with a view to a survey, if five years have elapsed since a report upon a survey of such project has been submitted to Congress pursuant to law. -SOURCE- (Sept. 22, 1922, ch. 427, Sec. 9, 42 Stat. 1043.) -COD- CODIFICATION Section is from act Sept. 22, 1922, popularly known as the 'Rivers and Harbors Appropriation Act of 1918'. ------DocID 40062 Document 420 of 1330------ -CITE- 33 USC Sec. 569 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 569. Personal equipment for employees; use of funds for purpose -STATUTE- Funds heretofore or hereafter appropriated for rivers and harbors to be expended under the supervision of the Secretary of the Army shall be available for expenditure in the purchase of such personal equipment for employees as in the opinion of the Chief of Engineers are essential for the efficient prosecution of the works. -SOURCE- (Jan. 21, 1927, ch. 47, Sec. 5(b), 44 Stat. 1021; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949. ------DocID 40063 Document 421 of 1330------ -CITE- 33 USC Sec. 569a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 569a. Temporary employment of experts or consultants; compensation -STATUTE- The Chief of Engineers is authorized to procure the temporary or intermittent services of experts or consultants or organizations thereof in connection with civil functions of the Corps of Engineers without regard to chapter 51 and subchapter III of chapter 53 of title 5: Provided, That individuals so engaged may be paid at rates not to exceed the daily equivalent of the rate for GS-18 for each day of their services. -SOURCE- (July 3, 1930, ch. 847, Sec. 6, 46 Stat. 948; May 17, 1950, ch. 188, title I, Sec. 105, 64 Stat. 168; Dec. 31, 1970, Pub. L. 91-611, title I, Sec. 104, 84 Stat. 1819.) -COD- CODIFICATION 'Chapter 51 and subchapter III of chapter 53 of title 5' substituted in text for 'the Classification Act as amended' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1970 - Pub. L. 91-611 substituted provision that compensation 'may be paid at rates not to exceed the daily equivalent of the rate for GS-18 for each day of their services' for 'shall not be paid in excess of $100 per day for their services'. 1950 - Act May 17, 1950, amended section generally, providing for employment of experts and consultants and omitting provisions relating to stenographic assistance. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 5 section 3323. ------DocID 40064 Document 422 of 1330------ -CITE- 33 USC Sec. 569b -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 569b. Contracts; architect and engineering services; surveying and mapping services -STATUTE- Contracts for architect and engineering services, and surveying and mapping services, shall be awarded by the Chief of Engineers in accordance with title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.). -SOURCE- (Pub. L. 98-63, title I, Sec. 101, July 30, 1983, 97 Stat. 311.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title IX of the Federal Property and Administrative Services Act is classified generally to subchapter VI (Sec. 541 et seq.) of chapter 10 of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables. ------DocID 40065 Document 423 of 1330------ -CITE- 33 USC Sec. 569c -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 569c. Services of volunteers -STATUTE- The United States Army Chief of Engineers may accept the services of volunteers and provide for their incidental expenses to carry out any activity of the Army Corps of Engineers except policy-making or law or regulatory enforcement. Such volunteers shall not be employees of the United States Government except for the purposes of (1) chapter 171 of title 28, relating to tort claims, and (2) chapter 81 of title 5, relating to compensation for work injuries. -SOURCE- (Pub. L. 98-63, title I, Sec. 101, July 30, 1983, 97 Stat. 312.) ------DocID 40066 Document 424 of 1330------ -CITE- 33 USC Sec. 570 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 570. Default in contract; disposition of amounts collected -STATUTE- Any amounts collected from defaulting contractors or their sureties under contracts entered into in connection with river and harbor or flood-control work prosecuted by the Engineer Department, whether collected in cash or by deduction from amounts otherwise due such contractors, hereafter shall be credited in each case to the appropriation under which the contract was made. -SOURCE- (Aug. 30, 1935, ch. 831, Sec. 8, 49 Stat. 1048.) ------DocID 40067 Document 425 of 1330------ -CITE- 33 USC Sec. 571 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 571. Crediting reimbursements for lost, stolen, or damaged property -STATUTE- Any amounts collected from any person, persons, or corporations as a reimbursement for lost, stolen, or damaged property, purchased in connection with river and harbor or flood-control work prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers, whether collected in cash or by deduction from amounts otherwise due such person, persons, or corporations, hereafter shall be credited in each case to the appropriation that bore the cost of purchase, repair, or replacement of the lost, stolen, or damaged property. -SOURCE- (June 20, 1938, ch. 535, Sec. 4, 52 Stat. 805; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is also set out as section 701k of this title. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 40068 Document 426 of 1330------ -CITE- 33 USC Sec. 572 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 572. Collection and removal of drift in Baltimore Harbor -STATUTE- On and after July 30, 1948, direct allotments from appropriations for the maintenance and improvement of existing river and harbor works, or from other available appropriations, may be made by the Secretary of the Army for the collection and removal of drift in Baltimore Harbor and its tributary waters, and this work shall be carried out as a separate and distinct project. -SOURCE- (June 30, 1948, ch. 771, title I, Sec. 102, 62 Stat. 1173.) ------DocID 40069 Document 427 of 1330------ -CITE- 33 USC Sec. 573 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 573. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 656 -MISC1- Section, act May 17, 1950, ch. 188, title I, Sec. 111, 64 Stat. 170, provided that section 607 of the Federal Employees Pay Act of 1945, as amended (former 5 U.S.C. 947), should not be construed to prevent employment of additional personnel. ------DocID 40070 Document 428 of 1330------ -CITE- 33 USC Sec. 574 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 574. Omitted -COD- CODIFICATION Section, act Sept. 6, 1950, ch. 896, ch. IX, Sec. 101, 64 Stat. 726, which related to availability of appropriation for payments to school districts, was from the Civil Functions Appropriation Act, 1951, and was not repeated in subsequent appropriation acts. ------DocID 40071 Document 429 of 1330------ -CITE- 33 USC Sec. 575 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 575. Availability of appropriations for expenses incident to operation of power boats or vessels; expenses defined; certification of expenditures -STATUTE- On and after July 31, 1947, no appropriation under the Corps of Engineers shall be available for any expenses incident to operating any power-driven boat or vessel on other than Government business, and that Government business shall be construed to include transportation, lodging, and subsistence on inspection trips of Federal and State officials, having a public interest in authorized or proposed improvements for river and harbor and flood control, and any expenses incurred therefor shall be chargeable to river and harbor and flood control appropriations heretofore or hereafter made under rules and regulations to be prescribed by the Chief of Engineers: Provided, That such expenditures shall be certified by the Division Engineer as necessary and proper expenditures. -SOURCE- (July 31, 1947, ch. 411, Sec. 1, 61 Stat. 688.) -COD- CODIFICATION Section is also set out as section 701b-9 of this title. Section was formerly classified to sections 190a and 199 of Title 10 prior to the general revision and enactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 1. ------DocID 40072 Document 430 of 1330------ -CITE- 33 USC Sec. 576 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 576. Revolving fund; establishment; availability; reimbursement; transfer of funds; limitation -STATUTE- There is established a revolving fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of the plant and equipment of the Corps of Engineers used in civil works functions, including acquisition of plant and equipment, maintenance, repair, and purchase, operation, and maintenance of not to exceed four aircraft at any one time, temporary financing of services finally chargeable to appropriations for civil works functions, and the furnishing of facilities and services for military functions of the Department of the Army and other Government agencies and private persons, as authorized by law. In addition, the Secretary of the Army is authorized to provide capital for the fund by capitalizing the present inventories, plant and equipment of the civil works functions of the Corps of Engineers. The fund shall be credited with reimbursements or advances for the cost of equipment, facilities, and services furnished, at rates which shall include charges for overhead and related expenses, depreciation of plant and equipment, and accrued leave: Provided, That on July 1, 1953, (1) the fund shall assume the assets, liabilities, and obligations of the Plant accounts, as carried on the records of the Corps of Engineers as of June 30, 1953, under the appropriations for 'Maintenance and improvement of existing river and harbor works', 'Flood control, general', and 'Flood control, Mississippi River and tributaries', and (2) there shall be transferred from said appropriations to the fund amounts equivalent to the unexpended cash balances of the Plant accounts on June 30, 1953: Provided further, That the total capital of said fund shall not exceed $140,000,000. -SOURCE- (July 27, 1953, ch. 245, Sec. 101, 67 Stat. 199.) -COD- CODIFICATION Section is also set out as section 701b-10 of this title. Section was formerly classified to section 190b of Title 10 prior to the general revision and enactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 1. -MISC3- HEADQUARTERS AIRCRAFT; TRANSFER AND REASSIGNMENT OF PROPERTY ACCOUNTABILITY TO ARMY MILITARY ACTIVITY Pub. L. 101-101, title I, Sec. 105, Sept. 29, 1989, 103 Stat. 649, provided that: 'Notwithstanding section 110 of the Energy and Water Development Appropriation Act, 1988, Public Law 100-202 (set out below), the Secretary of the Army is authorized to transfer and reassign property accountability for the headquarters aircraft of the Corps of Engineers, Serial Number 045, from the assets of the civil works revolving fund, to the military activity of the Army that the Secretary determines is appropriate, except that the aircraft shall be made available on a priority basis as necessary for activities in support of the Army's civil works mission.' RETENTION OF THREE OPERATIONAL AIRCRAFT; NOTICE OF INTENDED USE OUTSIDE UNITED STATES Pub. L. 100-202, Sec. 101(d) (title I, Sec. 110), Dec. 22, 1987, 101 Stat. 1329-104, 1329-112, provided that: 'The Chief of Engineers is directed to retain three operational aircraft authorized pursuant to section 101 of the Act of July 27, 1953, 67 Stat. 199 (33 U.S.C. 576), together with their attendant crews, and may only dispose of any of these aircraft if authorized to do so by a future congressional enactment for that purpose. The Chief of Engineers shall provide at least thirty days advance written notification to the Appropriations Committees of the Senate and House of Representatives of any intended use of any of these aircraft for a trip destined outside the United States or its territories or possessions.' -CROSS- CROSS REFERENCES Proceeds of sales of publications, charts, or materials to be credited to revolving fund, see section 557b of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 40 section 483d. ------DocID 40073 Document 431 of 1330------ -CITE- 33 USC Sec. 576a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 576a. Purchase of passenger motor vehicles by Corps of Engineers -STATUTE- On and after March 4, 1933, the provisions of section 1343 of title 31 shall be construed as applying to the Corps of Engineers as to the purchase of motor-propelled passenger-carrying vehicles. -SOURCE- (Mar. 4, 1933, ch. 281, title II, Sec. 1, 47 Stat. 1599.) -COD- CODIFICATION 'Section 1343 of title 31' substituted in text for 'section 5 of the Act of July 16, 1914 (U.S.C., title 5, sec. 78)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was formerly classified to section 638b of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877. Section was also formerly classified to section 78a of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378. ------DocID 40074 Document 432 of 1330------ -CITE- 33 USC Sec. 577 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 577. Small river and harbor improvement projects -STATUTE- (a) Allotment from appropriations for construction The Secretary of the Army is authorized to allot from any appropriations hereafter made for rivers and harbors not to exceed $35,000,000 for any one fiscal year for the construction of small river and harbor improvement projects not specifically authorized by Congress which will result in substantial benefits to navigation and which can be operated consistently with appropriate and economic use of the waters of the Nation for other purposes, when in the opinion of the Chief of Engineers such work is advisable, if benefits are in excess of the cost. (b) Limitation on allotment Not more than $4,000,000 shall be allotted for the construction of a project under this section at any single locality and the amount allotted shall be sufficient to complete the Federal participation in the project under this section. (c) Lands, easements, and rights-of-way; indemnification; assurances of local cooperation Local interests shall provide without cost to the United States all necessary lands, easements and rights-of-way for all projects to be constructed under the authority of this section. In addition, local interests may be required to hold and save the United States free from damages that may result from the construction and maintenance of the project and may be required to provide such additional local cooperation as the Chief of Engineers deems appropriate. A State, county, municipality or other responsible local entity shall give assurance satisfactory to the Chief of Engineers that such conditions of cooperation as are required will be accomplished. (d) Sharing of costs by non-Federal interests Non-Federal interests may be required to share in the cost of the project to the extent that the Chief of Engineers deems that such cost should not be borne by the Federal Government in view of the recreational or otherwise special or local nature of the project benefits. (e) Completeness of project Each project for which money is allotted under this section shall be complete in itself and not commit the United States to any additional improvement to insure its successful operation, other than routine maintenance, and except as may result from the normal procedure applying to projects authorized after submission of survey reports, and projects constructed under the authority of this section shall be considered as authorized projects. (f) Low water access navigation channels from existing channel of Mississippi River This section shall apply to, but not be limited to, the provision of low water access navigation channels from the existing channel of the Mississippi River to harbor areas heretofore or now established and located along the Mississippi River. -SOURCE- (Pub. L. 86-645, title I, Sec. 107, July 14, 1960, 74 Stat. 486; Pub. L. 89-298, title III, Sec. 310(a) Oct. 27, 1965, 79 Stat. 1095; Pub. L. 91-611, title I, Sec. 112(a), Dec. 31, 1970, 84 Stat. 1821; Pub. L. 94-587, Sec. 133(a), Oct. 22, 1976, 90 Stat. 2928; Pub. L. 99-662, title IX, Sec. 915(d), Nov. 17, 1986, 100 Stat. 4191.) -MISC1- AMENDMENTS 1986 - Subsec. (a). Pub. L. 99-662 substituted '$35,000,000' for '$25,000,000'. Subsec. (b). Pub. L. 99-662 substituted '$4,000,000' for '$2,000,000'. 1976 - Subsec. (b). Pub. L. 94-587 substituted '$2,000,000' for '$1,000,000'. 1970 - Subsec. (a). Pub. L. 91-611 substituted '$25,000,000' for '$10,000,000'. Subsec. (b). Pub. L. 91-611 substituted '$1,000,000' for '$500,000'. 1965 - Subsec. (a). Pub. L. 89-298, Sec. 310(a)(1), substituted '$10,000,000' for '$2,000,000'. Subsec. (b). Pub. L. 89-298, Sec. 310(a)(2), substituted '$500,000' for '$200,000'. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-662 not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) of Pub. L. 99-662, set out as a note under section 426g of this title. EFFECTIVE DATE OF 1976 AMENDMENT Section 133(c) of Pub. L. 94-587 provided that: 'The amendments made by this section (amending this section and section 701s of this title) shall not apply to any project under contract for construction on the date of enactment of the Water Resources Development Act of 1976 (Oct. 22, 1976).' EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-611 not applicable to any project under contract for construction on Dec. 31, 1970, see section 112(c) of Pub. L. 91-611, set out as a note under section 426g of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 577b, 2232, 2282, 2290 of this title. ------DocID 40075 Document 433 of 1330------ -CITE- 33 USC Sec. 577a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 577a. Small-boat navigation projects; charter fishing craft -STATUTE- The Chief of Engineers, for the purpose of determining Federal and non-Federal cost sharing, relating to proposed construction of small-boat navigation projects, shall consider charter fishing craft as commercial vessels. -SOURCE- (Pub. L. 91-611, title I, Sec. 119, Dec. 31, 1970, 84 Stat. 1822.) ------DocID 40076 Document 434 of 1330------ -CITE- 33 USC Sec. 577b -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 577b. Cost of operation and maintenance of general navigation features of small boat harbor projects; applicable projects -STATUTE- The cost of operation and maintenance of the general navigation features of small boat harbor projects shall be borne by the United States. This section shall apply to any such project authorized (A) under section 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d-5), (B) under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), (C) between January 1, 1970, and December 31, 1970, under authority of this Act, and to projects heretofore authorized in accordance with the policy set forth in the preceding sentence and to such projects authorized in this Act or which are hereafter authorized. -SOURCE- (Pub. L. 91-611, title I, Sec. 103, Dec. 31, 1970, 84 Stat. 1819; Pub. L. 93-251, Sec. 6, Mar. 7, 1974, 88 Stat. 15.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 91-611, Dec. 31, 1970, 84 Stat. 1818, as amended. For complete classification of this Act to the Code, see Tables. Hereafter, referred to in text, probably means after Dec. 31, 1970. -MISC2- AMENDMENTS 1974 - Pub. L. 93-251 amended section generally. Prior to amendment, section read as follows: 'The costs of operation and maintenance of the general navigation features of small boat harbor projects authorized between January 1, 1970, and December 31, 1970, under the authority of this Act, section 201 of the Flood Control Act of 1965 (42 U.S.C. 1962d-5), or section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), shall be borne by the United States.' ------DocID 40077 Document 435 of 1330------ -CITE- 33 USC Sec. 578 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 578. Disposal of surplus property for development of public port or industrial facilities -STATUTE- (a) Conveyance by Secretary of the Army Whenever the Secretary of the Army, upon the recommendation of the Chief of Engineers, determines that notwithstanding the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.), with respect to disposal of surplus real property, (1) the development of public port or industrial facilities on land which is part of a water resource development project under his jurisdiction will be in the public interest; (2) that such development will not interfere with the operation and maintenance of the project; and (3) that disposition of the property for these purposes under this section will serve the objectives of the project within which the land is located, he may convey the land by quitclaim deed to a State, political subdivision thereof, port district, port authority, or other body created by the State or through a compact between two or more States for the purpose of developing or encouraging the development of such facilities. In any case, where two or more political subdivisions thereof, or bodies created by, a State or group of States, seek to obtain the same land, the Secretary of the Army shall give preference to that political subdivision or body whose intended use of land will, in his opinion, best promote the purposes for which the project involved was authorized. (b) Purchase price; conditions, reservations or restrictions Any conveyance authorized by this section shall be made at the fair market value of the land, as determined by the Secretary of the Army, upon condition that the property shall be used for one of the purposes stated in the subsection (a) of this section only, and subject to such other conditions, reservations or restrictions as the Secretary may determine to be necessary for the development, maintenance, or operation of the project or otherwise in the public interest. (c) Notice of proposed conveyance Prior to the conveyance of any land under the provisions of this section, the Secretary of the Army shall, in the manner he deems reasonable, give public notice of the proposed conveyance and afford an opportunity to interested eligible bodies in the general vicinity of the land to apply for its purchase. (d) Delegation of authority The Secretary of the Army may delegate any authority conferred upon him by this section to any officer or employee of the Department of the Army. Any such officer or employee shall exercise the authority so delegated under rules and regulations approved by the Secretary. (e) Deposit of proceeds The proceeds from any conveyance made under the provisions of this section shall be covered into the Treasury as miscellaneous receipts. -SOURCE- (Pub. L. 86-645, title I, Sec. 108, July 14, 1960, 74 Stat. 486.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that act relating to disposal of government property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables. ------DocID 40078 Document 436 of 1330------ -CITE- 33 USC Sec. 579 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 579. Repealed. Pub. L. 101-640, title I, Sec. 119(b), Nov. 28, 1990, 104 Stat. 4630 -MISC1- Section, Pub. L. 93-251, title I, Sec. 12, Mar. 7, 1974, 88 Stat. 16; H. Res. 988, Oct. 8, 1974; Pub. L. 94-587, Sec. 157(a), Oct. 22, 1976, 90 Stat. 2933; S. Res. 4, Feb. 4, 1977, provided for deauthorization of projects of improvement of rivers and harbors and other waterways for navigation, beach erosion, flood control, and other purposes which the Secretary of the Army determined should no longer be authorized. ------DocID 40079 Document 437 of 1330------ -CITE- 33 USC Sec. 579a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER I -HEAD- Sec. 579a. Project deauthorizations -STATUTE- (a) Funds to be obligated for construction to avoid deauthorization Any project authorized for construction by this Act shall not be authorized after the last day of the 5-year period beginning on November 17, 1986, unless during such period funds have been obligated for construction, including planning and designing, of such project. (b) Transmission to Congress of list of unconstructed projects or separable elements authorized but not receiving obligations during 10 fiscal years preceding transmission; two-year updates of list (1) Not later than one year after November 17, 1986, the Secretary shall transmit to Congress a list of unconstructed projects, or unconstructed separable elements of projects, which have been authorized, but have received no obligations during the 10 full fiscal years preceding the transmittal of such list. A project or separable element included in such list is not authorized after December 31, 1989, if funds have not been obligated for construction of such project or element after November 17, 1986, and before December 31, 1989. (2) Every two years after the transmittal of the list under paragraph (1), the Secretary shall transmit to Congress a list of projects or separable elements of projects which have been authorized, but have received no obligations during the 10 full fiscal years preceding the transmittal of such list. Before submission of such list to Congress, the Secretary shall notify each Senator in whose State, and each Member of the House of Representatives in whose district, a project (including any part thereof) on such list would be located. A project or separable element included in such list is not authorized after the date which is 30 months after the date the list is so transmitted if funds have not been obligated for construction of such project or element during such 30-month period. (c) Deauthorized list; publication in Federal Register The Secretary shall publish in the Federal Register a list of any projects or separable elements that are deauthorized under this section. -SOURCE- (Pub. L. 99-662, title X, Sec. 1001, Nov. 17, 1986, 100 Stat. 4201; Pub. L. 101-640, title I, Sec. 119(a), Nov. 28, 1990, 104 Stat. 4630.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 99-662, Nov. 17, 1986, 100 Stat. 4082, known as the Water Resources Development Act of 1986. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. -MISC2- AMENDMENTS 1990 - Subsec. (b)(2). Pub. L. 101-640 inserted after first sentence 'Before submission of such list to Congress, the Secretary shall notify each Senator in whose State, and each Member of the House of Representatives in whose district, a project (including any part thereof) on such list would be located.' PROJECT DEAUTHORIZATIONS; EXTENSION OF LIMITATION ON PERIOD OF AUTHORIZATION Pub. L. 100-676, Sec. 52(a), Nov. 17, 1988, 102 Stat. 4044, provided that: '(1) Projects in this act. - The provisions of section 1001(a) and section 1001(c) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(a), (c)) shall apply to the projects authorized for construction by this Act (see Short Title of 1988 Amendment note set out under section 2201 of this title), except that the 5-year period during which funds must be obligated to prevent deauthorization shall begin on the date of the enactment of this Act (Nov. 17, 1988). '(2) Projects thereafter. - The provisions of section 1001(a) and section 1001(c) of the Water Resources Development Act of 1986 shall also apply to projects authorized for construction subsequent to this Act, except that the 5-year period during which funds must be obligated to prevent deauthorization shall begin on the date of the authorization of such projects.' -CROSS- DEFINITIONS Secretary means the Secretary of the Army, see section 2201 of this title. ------DocID 40080 Document 438 of 1330------ -CITE- 33 USC SUBCHAPTER II -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER II -HEAD- SUBCHAPTER II - PAY AND ALLOWANCES; TRAVELING EXPENSES AND SUBSISTENCE ------DocID 40081 Document 439 of 1330------ -CITE- 33 USC Sec. 581 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 581. Hiring special means of transportation -STATUTE- In their execution and inspection of river and harbor improvement work, at points beyond easy reach of ordinary regular transportation lines, Engineer officers are authorized to hire and use such transportation as they may consider desirable and advantageous to the progress of work. -SOURCE- (July 25, 1912, ch. 253, Sec. 9, 37 Stat. 233.) -COD- CODIFICATION Section is from act July 25, 1912, popularly known as the 'Rivers and Harbors Appropriation Act of 1912'. ------DocID 40082 Document 440 of 1330------ -CITE- 33 USC Sec. 582 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 582. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644 -MISC1- Section, act July 18, 1918, ch. 155, Sec. 9, 40 Stat. 912, related to subsistence allowance to persons engaged in field work. ------DocID 40083 Document 441 of 1330------ -CITE- 33 USC Sec. 583 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 583. Payment of allowances, etc., incident to change of station of Engineer officers from appropriation for improvements -STATUTE- When in the opinion of the Secretary of the Army the changes of a station of an officer of the Corps of Engineers is primarily in the interest of river and harbor improvement, the mileage and other allowances to which he may be entitled incident to such change of station may be paid from appropriations for such improvements. -SOURCE- (Mar. 3, 1925, ch. 467, Sec. 5, 43 Stat. 1191; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 40084 Document 442 of 1330------ -CITE- 33 USC Sec. 583a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 583a. Payment of pay and allowances of officers of Corps of Engineers from appropriation for improvements -STATUTE- Regular officers of the Corps of Engineers of the Army, and reserve officers of the Army who are assigned to the Corps of Engineers, who are employed primarily on duty connected with non-military public works prosecuted under the direction of the Chief of Engineers, including river and harbor improvements, flood control, and other such works, shall, while so employed, be paid their pay and allowances from the appropriation for the works upon which they are employed. -SOURCE- (Aug. 10, 1956, ch. 1041, Sec. 36, 70A Stat. 634.) -COD- CODIFICATION Section is derived from the third proviso of Act June 26, 1936, ch. 839, 49 Stat. 1974, which was classified to section 181a of Title 10 prior to the general revision and enactment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 1. ------DocID 40085 Document 443 of 1330------ -CITE- 33 USC Sec. 584, 584a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER II -HEAD- Sec. 584, 584a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 647, 648 -MISC1- Section 584, act Jan. 21, 1927, ch. 47, Sec. 5(d), 44 Stat. 1021, related to expenses incident to transportation of household effects of civilian employees. Section 584a, act July 3, 1930, ch. 847, Sec. 6, 46 Stat. 948, related to travel expenses of civilian employees on river and harbor works. ------DocID 40086 Document 444 of 1330------ -CITE- 33 USC SUBCHAPTER III -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER III -HEAD- SUBCHAPTER III - ACQUISITION OF LAND AND MATERIALS ------DocID 40087 Document 445 of 1330------ -CITE- 33 USC Sec. 591 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER III -HEAD- Sec. 591. Condemnation, purchase, and donation of land and materials -STATUTE- The Secretary of the Army may cause proceedings to be instituted, in the name of the United States, in any court having jurisdiction of such proceedings, for the acquirement by condemnation of any land, right-of-way, or material needed to enable him to maintain, operate, or prosecute works for the improvement of rivers and harbors for which provision has been made by law; such proceedings to be prosecuted in accordance with the laws relating to suits for the condemnation of property of the States wherein the proceedings may be instituted: Provided, however, That when the owner of such land, right-of-way, or material shall fix a price for the same, which in the opinion of the Secretary of the Army, shall be reasonable, he may purchase the same at such price without further delay: And provided further, That the Secretary of the Army is authorized to accept donations of lands or materials required for the maintenance or prosecution of such works. -SOURCE- (Apr. 24, 1888, ch. 194, 25 Stat. 94; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Procedure in condemnation proceedings, see rule 71A, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Condemnation of realty for sites for public buildings, see section 257 of Title 40, Public Buildings, Property, and Works. ------DocID 40088 Document 446 of 1330------ -CITE- 33 USC Sec. 592 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER III -HEAD- Sec. 592. Condemnation of land in aid of person, company, corporation, municipal or private -STATUTE- Whenever any person, company, or corporation, municipal or private, shall undertake to secure any land or easement therein needed in connection with a work of river and harbor improvement duly authorized by Congress, for the purpose of conveying the same to the United States free of cost, or for the purpose of constructing, maintaining, and operating locks, dry docks, or other works to be conveyed to the United States free of cost, and of constructing, maintaining and operating dams for use in connection therewith, and shall be unable for any reason to obtain the same by purchase and acquire a valid title thereto, the Secretary of the Army may, in his discretion, cause proceedings to be instituted in the name of the United States for the acquirement by condemnation of said land or easement, and it shall be the duty of the Attorney General of the United States to institute and conduct such proceedings upon the request of the Secretary of the Army: Provided, That all expenses of said proceedings and any award that may be made thereunder shall be paid by the said person, company, or corporation, to secure which payment the Secretary of the Army may require the said person, company, or corporation to execute a proper bond in such amount as he may deem necessary before said proceedings are commenced. -SOURCE- (May 16, 1906, ch. 2465, 34 Stat. 196; June 29, 1906, ch. 3628, 34 Stat. 632; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Act May 16, 1906, as originally enacted, provided that: 'Whenever any person, company, or corporation, municipal or private, shall undertake to secure, for the purpose of conveying the same to the United States free of cost, any land or easement therein, needed in connection with a work of river and harbor improvement duly authorized by Congress, and shall be unable for any reason to obtain a valid title thereto, the Secretary of War may, in his discretion, cause proceedings to be instituted in the name of the United States for the acquirement by condemnation of said land or easement, and it shall be the duty of the Attorney General of the United States to institute and conduct such proceedings upon the request of the Secretary of War: Provided, That all the expenses of said proceedings and any award that may be made thereunder shall be paid by the said person, company, or corporation, to secure which payment the Secretary of War may require the said person, company, or corporation to execute a proper bond in such amount as he may deem necessary before said proceedings are commenced.' -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. ------DocID 40089 Document 447 of 1330------ -CITE- 33 USC Sec. 593 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER III -HEAD- Sec. 593. Condemnation of land in aid of State or State agency -STATUTE- Whenever any State, or any reclamation, flood control or drainage district, or other public agency created by any State, shall undertake to secure any land or easement therein, needed in connection with a work of river and harbor improvement duly authorized by Congress, for the purpose of conveying the same to the United States free of cost, and shall be unable for any reason to obtain the same by purchase and acquire a valid title thereto, the Secretary of the Army may, in his discretion, cause proceedings to be instituted in the name of the United States for the acquirement by condemnation of said land or easement, and it shall be the duty of the Attorney General of the United States to institute and conduct such proceedings upon the request of the Secretary of the Army: Provided, That all expenses of said proceedings and any award that may be made thereunder shall be paid by such State, or reclamation, flood control or drainage district, or other public agency as aforesaid, to secure which payment the Secretary of the Army may require such State, or reclamation, flood control or drainage district, or other public agency as aforesaid, to execute a proper bond in such amount as he may deem necessary before said proceedings are commenced. -SOURCE- (Aug. 8, 1917, ch. 49, Sec. 9, 40 Stat. 267; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act Aug. 8, 1917, popularly known as the 'Rivers and Harbors Appropriation Act of 1917'. -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. -CROSS- CROSS REFERENCES Condemnation for flood control, section as applicable to, see section 701c-2 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 701c-2 of this title. ------DocID 40090 Document 448 of 1330------ -CITE- 33 USC Sec. 594 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER III -HEAD- Sec. 594. When immediate possession of land may be taken -STATUTE- Whenever the Secretary of the Army, in pursuance of authority conferred on him by law, causes proceedings to be instituted in the name of the United States for the acquirement by condemnation of any lands, easements, or rights of way needed for a work of river and harbor improvements duly authorized by Congress, the United States, upon the filing of the petition in any such proceedings, shall have the right to take immediate possession of said lands, easements, or rights-of-way, to the extent of the interest to be acquired, and proceed with such public works thereon as have been authorized by Congress: Provided, That certain and adequate provision shall have been made for the payment of just compensation to the party or parties entitled thereto, either by previous appropriation by the United States or by the deposit of moneys or other form of security in such amount and form as shall be approved by the court in which such proceedings shall be instituted. The respondent or respondents may move at any time in the court to increase or change the amounts or securities, and the court shall make such order as shall be just in the premises and as shall adequately protect the respondents. In every case the proceedings in condemnation shall be diligently prosecuted on the part of the United States in order that such compensation may be promptly ascertained and paid. -SOURCE- (July 18, 1918, ch. 155, Sec. 5, 40 Stat. 911; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act July 18, 1918, popularly known as the 'Rivers and Harbors Appropriation Act of 1918'. -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. -CROSS- CROSS REFERENCES Condemnation for flood control, section as applicable to, see sections 701c-2 and 702d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 701c-2, 702d of this title. ------DocID 40091 Document 449 of 1330------ -CITE- 33 USC Sec. 595 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER III -HEAD- Sec. 595. Consideration of benefits in assessing compensation -STATUTE- In all cases where private property shall be taken by the United States for the public use in connection with any improvement of rivers, harbors, canals, or waterways of the United States, and in all condemnation proceedings by the United States to acquire lands or easements for such improvements, where a part only of any such parcel, lot, or tract of land shall be taken, the jury or other tribunal awarding the just compensation or assessing the damages to the owner, whether for the value of the part taken or for any injury to the part not taken, shall take into consideration by way of reducing the amount of compensation or damages any special and direct benefits to the remainder arising from the improvement, and shall render their award or verdict accordingly. -SOURCE- (July 18, 1918, ch. 155, Sec. 6, 40 Stat. 911.) -COD- CODIFICATION Section is from act July 18, 1918, popularly known as the 'Rivers and Harbors Appropriation Act of 1918'. -CROSS- CROSS REFERENCES Condemnation for flood control, section as applicable to, see sections 701c-2 and 702d of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 701c-2, 702d of this title. ------DocID 40092 Document 450 of 1330------ -CITE- 33 USC Sec. 595a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER III -HEAD- Sec. 595a. Compensation for taking or condemnation of property for public improvements; fair market value; partial taking; effective date -STATUTE- In all cases where real property shall be taken by the United States for the public use in connection with any improvement of rivers, harbors, canals, or waterways of the United States, and in all condemnation proceedings by the United States to acquire lands or easements for such improvements, the compensation to be paid for real property taken by the United States above the normal high water mark of navigable waters of the United States shall be the fair market value of such real property based upon all uses to which such real property may reasonably be put, including its highest and best use, any of which uses may be dependent upon access to or utilization of such navigable waters. In cases of partial takings of real property, no depreciation in the value of any remaining real property shall be recognized and no compensation shall be paid for any damages to such remaining real property which result from loss of or reduction of access from such remaining real property to such navigable waters because of the taking of real property or the purposes for which such real property is taken. The compensation defined herein shall apply to all acquisitions of real property after December 31, 1970, and to the determination of just compensation in any condemnation suit pending on December 31, 1970. -SOURCE- (Pub. L. 91-611, title I, Sec. 111, Dec. 31, 1970, 84 Stat. 1821.) ------DocID 40093 Document 451 of 1330------ -CITE- 33 USC Sec. 596 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER III -HEAD- Sec. 596. Repealed. Pub. L. 91-646, title III, Sec. 306, Jan. 2, 1971, 84 Stat. 1907 -MISC1- Section, Pub. L. 86-645, title III, Sec. 301, July 14, 1960, 74 Stat. 502, declared the policy of Congress with respect to payment of just and reasonable consideration to owners and tenants whose property is acquired for public works projects and payment of a purchase price in negotiation for such property which will consider such congressional policy. See provisions of Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, classified to chapter 61 (Sec. 4601 et seq.) of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF REPEAL Repeal not applicable to any State so long as sections 4630 and 4655 of title 42 are not applicable in such State; but such sections completely applicable to all States after July 1, 1972, but until such date applicable to a State to extent the State is able under its laws to comply with such sections, see section 221 of Pub. L. 91-646, set out as an Effective Date note under section 4601 of Title 42, The Public Health and Welfare. SAVINGS PROVISION Any rights or liabilities existing under provisions repealed by section 306 of Pub. L. 91-646 as not affected by such repeal, see section 306 of Pub. L. 91-646, set out in part as a Savings Provision note under section 4651 of Title 42, The Public Health and Welfare. ------DocID 40094 Document 452 of 1330------ -CITE- 33 USC Sec. 597 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER III -HEAD- Sec. 597. Acquisition of lands for water resource development projects; information as to probable timing for acquisition; public meetings; regulations -STATUTE- Within six months after the date that Congress authorizes construction of a water resource development project under the jurisdiction of the Secretary of the Army, the Corps of Engineers shall make reasonable effort to advise owners and occupants in and adjacent to the project area as to the probable timing for the acquisition of lands for the project and for incidental rights-of-way, relocations, and any other requirements affecting owners and occupants. Within a reasonable time after initial appropriations are made for land acquisition or construction, including relocations, the Corps of Engineers shall conduct public meetings at locations convenient to owners and tenants to be displaced by the project in order to advise them of the proposed plans for acquisition and to afford them an opportunity to comment. To carry out the provisions of this section, the Chief of Engineers shall issue regulations to provide, among other things, dissemination of the following information to those affected: (1) factors considered in making the appraisals; (2) desire to purchase property without going to court; (3) legal right to submit to condemnation proceedings; (4) payments for moving expenses or other losses not covered by appraised market value; (5) occupancy during construction; (6) removal of improvements; (7) payments required from occupants of Government acquired land; (8) withdrawals by owners of deposits made in court by Government, and (9) use of land by owner when easement is acquired. The provisions of this section shall not subject the United States to any liability nor affect the validity of any acquisitions by purchase or condemnation and shall be exempt from the operations of subchapter II of chapter 5, and chapter 7, of title 5. -SOURCE- (Pub. L. 86-645, title III, Sec. 302, July 14, 1960, 74 Stat. 502.) -COD- CODIFICATION 'Subchapter II of chapter 5, and chapter 7, of title 5' substituted in text for 'the Administrative Procedure Act of June 11, 1946, as amended' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC3- SHORT TITLE Section 303 of Pub. L. 86-645 provided that: 'Title III of this Act (enacting this section and section 596 of this title) may be cited as the 'Land Acquisition Policy Act of 1960'.' ------DocID 40095 Document 453 of 1330------ -CITE- 33 USC Sec. 598 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER III -HEAD- Sec. 598. Resettlement of displaced families, individuals, and business concerns -STATUTE- (a) Acquisition of land; condemnation expenses; bond Whenever any State, or any agency or instrumentality of a State or local government, or any nonprofit incorporated body organized or chartered under the law of the State in which it is located, or any nonprofit association or combination of such bodies, agencies or instrumentalities, shall undertake to secure any lands or interests therein as a site for the resettlement of families, individuals, and business concerns displaced by a river and harbor improvement, flood control or other water resource project duly authorized by Congress, and when it has been determined by the Secretary of the Army that the State is unable to acquire necessary lands or interests in lands or is unable to acquire such lands or interests in lands with sufficient promptness, the Secretary, upon the request of the Governor of the State in which such site is located, and after consultation with appropriate Federal, State, interstate, regional, and local departments and agencies, is authorized, in the name of the United States and prior to the approval of title by the Attorney General, to acquire, enter upon, and take possession of such lands or interests in lands by purchase, donation, condemnation or otherwise in accordance with the laws of the United States (including sections 258a to 258e-1 of title 40). All expenses of said acquisition and any award that may be made under a condemnation proceeding, including costs of examination and abstract of title, certificate of title, appraisal, advertising, and any fees incident to acquisition, shall be paid by such State or body, agency, or instrumentality. The State, agency, instrumentality, or nonprofit body may repay such amounts from any funds made available to it for such purposes by any Federal department, agency, or instrumentality (other than the Department of the Army) having authority to make funds available for such a purpose. Pending such payment, the Secretary may expend from any funds hereafter appropriated for the project occasioning such acquisition such sums as may be necessary to carry out this section. To secure payment, the Secretary may require any such State or agency, body, or instrumentality to execute a proper bond in such amount as he may deem necessary before acquisition is commenced. Any sums paid to the Secretary by any such State or agency, body or instrumentality shall be deposited in the Treasury to the credit of the appropriation for such project. (b) Acquisition provisions No acquisition shall be undertaken under the authority of this section unless the Secretary has determined, after consultation with appropriate Federal, State, and local governmental agencies that (1) the development of a site is necessary in order to alleviate hardships to displaced persons; (2) the location of the site is suitable for development in relation to present or potential sources of employment; and (3) a plan for development of the site has been approved by appropriate local governmental authorities in the area or community in which such site is located. (c) Conveyance to State, public or private nonprofit body The Secretary is further authorized and directed by proper deed, executed in the name of the United States, to convey any lands or interests in land acquired in any State under the provisions of this section, to the State, or such public or private nonprofit body, agency, or institution in the State as the Governor may prescribe, upon such terms and conditions as may be agreed upon by the Secretary, the Governor, and the agency to which the conveyance is to be made. -SOURCE- (Pub. L. 90-483, title II, Sec. 209, Aug. 13, 1968, 82 Stat. 745.) ------DocID 40096 Document 454 of 1330------ -CITE- 33 USC SUBCHAPTER IV -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - PARTICULAR WORK OR IMPROVEMENTS ------DocID 40097 Document 455 of 1330------ -CITE- 33 USC Sec. 601 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER IV -HEAD- Sec. 601. Mississippi River; regulation of reservoirs at headwaters -STATUTE- It shall be the duty of the Secretary of the Army to prescribe such rules and regulations in respect to the use and administration of the reservoirs at the headwaters of the Mississippi River as in his judgment the public interest and necessity may require; which rules and regulations shall be posted in some conspicuous place or places for the information of the public. And any person knowingly and willfully violating such rules and regulations shall be liable to a fine not exceeding $500, or imprisonment, not exceeding six months, the same to be enforced by prosecution in any district court of the United States within whose territorial jurisdiction such offense may have been committed. And the Secretary of the Army shall cause such gaugings to be made at or near Saint Paul during the annual operation of said reservoirs as shall determine accurately the discharge at that point, the cost of same to be paid out of the annual appropriation for gauging the waters of the Mississippi River and its tributaries. -SOURCE- (Aug. 11, 1888, ch. 860, Sec. 1, 25 Stat. 419; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act Aug. 11, 1888, the River and Harbor Appropriation Act of 1888. In the original text the words 'said reservoirs' appeared instead of 'reservoirs at the headwaters of the Mississippi river.' The provision from which this section is derived, however, followed an appropriation 'for continuing operations upon the reservoirs at the headwaters of the Mississippi river.' -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. -CROSS- CROSS REFERENCES Water gauges on Mississippi River and tributaries, see section 4 of this title. ------DocID 40098 Document 456 of 1330------ -CITE- 33 USC Sec. 602 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER IV -HEAD- Sec. 602. Maintenance of channel of South Pass of Mississippi River -STATUTE- Upon the termination of the contract entered into with the late James B. Eads for the maintenance of the channel through the South Pass of the Mississippi River, the Secretary of the Army is directed to take charge of said channel, including the jetties, and all auxiliary works connected therewith, and thereafter to maintain with the utmost efficiency said South Pass Channel; and for that purpose he is authorized to draw his warrants from time to time on the Treasurer of the United States, until otherwise provided for by law, for such sums of money as may be necessary, not to exceed in the aggregate for any one year $100,000. For that purpose any available Government dredge may be used. For the purpose of securing the uninterrupted examinations and surveys of the South Pass of the Mississippi River, the Secretary of the Army, upon the application of the Chief of Engineers, is authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $10,000. -SOURCE- (Aug. 11, 1888, ch. 860, Sec. 1, 4, 25 Stat. 422, 424; June 6, 1900, ch. 790, Sec. 3, 31 Stat. 584; June 13, 1902, ch. 1079, Sec. 1, 32 Stat. 340; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15), 68 Stat. 967.) -COD- CODIFICATION Except for the last sentence, the first paragraph of this section was from a part of section 3 of act June 6, 1900. The omitted portion of the original text authorized the Secretary of War, in his discretion, to terminate the contract with James B. Eads and provided that the Secretary of War should take charge of the channel 'in case of the termination of said contract, by virtue of the provisions hereof or by expiration of said contract.' The last sentence of the first paragraph of this section was from a provision of section 1 of act June 13, 1902. Further provisions of the original text, for the purchase of lands and buildings on either side of the South Pass, were temporary merely and are omitted. The original text provided for the use of 'the dredge boat Beta, or any other available government dredge.' The second paragraph of this section was from section 4 of act Aug. 11, 1888. In the original text, following the words 'Mississippi river,' the following words appeared: 'As provided for in the Act of Mar. third, eighteen hundred and seventy-five.' The words 'the sum of $10,000,' are substituted for 'the amount appropriated in this act for such purpose.' $10,000 was the amount appropriated for such purpose by section 1 of act June 13, 1902. Act Mar. 3, 1875, ch. 134, mentioned in the original text, provided in section 4 et seq., 18 Stat. 463 to 466, for a contract with James B. Eads and others to construct jetties, etc., to maintain the channel at the South Pass. The provisions of that act and of act Aug. 11, 1888, with regard to examinations and surveys at the South Pass, remained in force notwithstanding the termination of said contract, by a provision of act June 13, 1902. -MISC3- AMENDMENTS 1954 - Act Aug. 30, 1954, repealed proviso requiring that an itemized statement of expenses incurred for maintenance of the channel through, and securing uninterrupted examinations and surveys of, the South Pass of the Mississippi River, as provided in this section, should accompany the annual report of the Chief of Engineers. -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. -MISC4- APPROPRIATIONS Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation under the titles 'Maintenance of channel, South Pass, Mississippi River (fiscal year) (8-961.55)' and 'Examinations and surveys at South Pass, Mississippi River (fiscal year) (8-961.53)' effective July 1, 1935, and provided that such portions of any Acts as make permanent appropriations to be expended under such accounts are amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as now provided by the laws providing such permanent appropriations. ------DocID 40099 Document 457 of 1330------ -CITE- 33 USC Sec. 603 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER IV -HEAD- Sec. 603. Repealed. Mar. 2, 1945, ch. 19, Sec. 3, 59 Stat. 23 -MISC1- Section, acts July 25, 1912, ch. 253, Sec. 1, 37 Stat. 222; July 3, 1930, ch. 847, Sec. 3, 46 Stat. 946; Oct. 17, 1940, ch. 895, Sec. 3, 54 Stat. 1200, related to removal of temporary obstructions and to minor improvements in navigable waters. See section 603a of this title. ------DocID 40100 Document 458 of 1330------ -CITE- 33 USC Sec. 603a -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER IV -HEAD- Sec. 603a. Removal of snags and debris, and straightening, clearing, and protecting channels in navigable waters -STATUTE- The Secretary of the Army is authorized to allot not to exceed $1,000,000 from any appropriations made prior to or after March 2, 1945, for any one fiscal year for improvement of rivers and harbors, for removing accumulated snags and other debris, and for protecting, clearing, and straightening channels in navigable harbors and navigable streams and tributaries thereof, when in the opinion of the Chief of Engineers such work is advisable in the interest of navigation or flood control. -SOURCE- (Mar. 2, 1945, ch. 19, Sec. 3, 59 Stat. 23; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Nov. 17, 1986, Pub. L. 99-662, title IX, Sec. 915(g), 100 Stat. 4191.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-662 substituted '$1,000,000' for '$300,000'. -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. -MISC4- EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-662 not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) of Pub. L. 99-662, set out as a note under section 426g of this title. -CROSS- CROSS REFERENCES Flood control, removal of obstructions and clearing of channels, see section 701g of this title. ------DocID 40101 Document 459 of 1330------ -CITE- 33 USC Sec. 604 -EXPCITE- TITLE 33 CHAPTER 12 SUBCHAPTER IV -HEAD- Sec. 604. Removal of snags, etc., from Mississippi River -STATUTE- For the purpose of removing snags, wrecks, and other obstructions in the Mississippi River, the Atchafalaya and Old Rivers from the junction with the Mississippi and Red Rivers down the Atchafalaya River as far down as Melville, Louisiana, the Secretary of the Army, upon the application of the Chief of Engineers, is authorized to draw his warrant or requisition from time to time upon the Secretary of the Treasury for such sums as may be necessary to do such work, not to exceed in the aggregate for each year the sum of $100,000. -SOURCE- (Aug. 11, 1888, ch. 860, Sec. 1, 7, 25 Stat. 421, 424; Mar. 3, 1909, ch. 264, Sec. 3, 35 Stat. 817; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15), 68 Stat. 967.) -COD- CODIFICATION Section is from the Rivers and Harbors Appropriation Act of 1888, act Aug. 11, 1888, as affected by act Mar. 3, 1909. Act Mar. 3, 1909, made the provisions of act Aug. 11, 1888, for the removal of snags applicable to 'the Atchafalaya and Old Rivers from the junction with the Mississippi and Red Rivers down the Atchafalaya River as far as Melville, Louisiana.' Section 7 of act Aug. 11, 1888, provided for 'securing the uninterrupted work of operating snag boats on the upper Mississippi River' as well as for the removal of snags. The provision for operating snag boats is set out as section 605 of this title. The words 'the sum of $100,000' are substituted for 'the amounts appropriated in this act for such purposes.' An appropriation of $100,000 for removal of snags is contained in section 1 of the act. -MISC3- AMENDMENTS 1954 - Act Aug. 30, 1954, repealed proviso requiring that an itemized statement of expenses incurred in the removal of snags, etc., as provided in this section, should accompany the annual report of the Chief of Engineers. -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. -MISC4- APPROPRIATIONS Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation under the title 'Removing obstructions in Mississippi, Atchafalaya, and Old Rivers (fiscal year) (8-961.58)' effective July 1, 1935, and provided that such portions of any Acts as make permanent appropriations to be expended under such account are amended so as to authorize, in lieu thereof, annual appropriations