-CITE- 33 USC CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY -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. Creation or continuance of obstruction of navigable waters. 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. (a) Removal authority. (b) Removal requirement. (c) 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) Authorization of projects. 426f. Reimbursements. (a) In general. (b) Agreements. 426g. Authorization of small projects not specifically authorized; expenditures; local cooperation; work to be complete; exceptions. 426g-1. State and regional plans. 426h. National shoreline erosion control development and demonstration program. (a) Establishment of erosion control program. (b) Requirements. (c) Consultation. (d) Report. (e) Funding. 426h-1. Definitions. 426i. Shore damage prevention or mitigation. (a) In general. (b) Cost sharing. (c) Requirement for specific authorization. (d) Coordination. 426i-1. Construction of shoreline protection projects by non-Federal interests. (a) Authority. (b) Studies and engineering. (c) Completion of studies. (d) Authority to carry out improvement. (e) Reimbursement. 426i-2. National coastal data bank. 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. 426o-1. Great Lakes dredging levels adjustment. (a) Definition of Great Lake. (b) Dredging levels. 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. Definitions. 467a. Inspection of dams. (a) In general. (b) State participation. 467b. Investigation reports to Governors. 467c. Determination of danger to human life and property. 467d. National dam inventory. 467e. Interagency Committee on Dam Safety. (a) Establishment. (b) Duties. 467f. National dam safety program. (a) In general. (b) Duties. (c) Objectives. (d) Components. (e) Assistance for State dam safety programs. (f) Board. 467g. Research. (a) In general. (b) Consultation. 467g-1. Dam safety training. 467h. Reports. 467i. Statutory construction. 467j. Authorization of appropriations. (a) National dam safety program. (b) National dam inventory. (c) Research. (d) Dam safety training. (e) Staff. (f) Limitation on use of amounts. 467k to 467m. Repealed. 467n. Recovery of dam modification costs required for safety purposes. -End- -CITE- 33 USC SUBCHAPTER I - IN GENERAL 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- SUBCHAPTER I - IN GENERAL -End- -CITE- 33 USC Sec. 401 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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; Pub. L. 97-322, title I, Sec. 107(b), Oct. 15, 1982, 96 Stat. 1582; Pub. L. 97-449, Sec. 2(f), Jan. 12, 1983, 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. -MISC1- 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, Secs. 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. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15. 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). -End- -CITE- 33 USC Sec. 402 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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). -End- -CITE- 33 USC Sec. 403 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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". -MISC1- PRIOR PROVISIONS 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, Secs. 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. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15. Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670 Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -End- -CITE- 33 USC Sec. 403a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 403a. Creation or continuance of obstruction of navigable waters -STATUTE- 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 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. -SOURCE- (Sept. 19, 1890, ch. 907, Sec. 10, 26 Stat. 454; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167.) -REFTEXT- REFERENCES IN TEXT This act, referred to in text, is act Sept. 19, 1890, ch. 907, 26 Stat. 426. Sections 6 to 9 of the Act are not classified to the Code. For complete classification of this act to the Code, see Tables. -COD- CODIFICATION Text of section, which was previously omitted from the Code, was restored in view of conflicting court decisions as to whether or not section had been repealed or superseded. See eg. United States v. Wishkah Boom Co., 136 F. 42 (9th Cir. 1905), (appeal dismissed [1906] 202 U.S. 613); United States v. Wilson, 235 F.2d 251 (2d Cir. 1956). -End- -CITE- 33 USC Sec. 403b 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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- "SECRETARY" DEFINED Secretary means the Secretary of the Army, see section 2201 of this title. -End- -CITE- 33 USC Sec. 404 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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". -MISC1- 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 de&233;bris 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). -End- -CITE- 33 USC Sec. 405 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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". -End- -CITE- 33 USC Sec. 406 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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". -MISC1- 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). -End- -CITE- 33 USC Sec. 407 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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". -MISC1- PRIOR PROVISIONS This section and sections 408, 411, and 412 of this title, superseded act Aug. 18, 1894, ch. 299, Secs. 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. -MISC2- 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). -MISC3- 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. -End- -CITE- 33 USC Sec. 407a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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). -End- -CITE- 33 USC Sec. 408 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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; Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 315.) -COD- CODIFICATION Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899". -MISC1- 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). -End- -CITE- 33 USC Sec. 409 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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, unless otherwise granted a waiver by the Commandant of the Coast Guard, a light 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. The Commandant of the Coast Guard may waive the requirement to mark a wrecked vessel, raft, or other craft with a light at night if the Commandant determines that placing a light would be impractical and granting such a waiver would not create an undue hazard to navigation. -SOURCE- (Mar. 3, 1899, ch. 425, Sec. 15, 30 Stat. 1152; Pub. L. 99-662, title IX, Sec. 939(a), Nov. 17, 1986, 100 Stat. 4199; Pub. L. 108- 293, title III, Sec. 301, Aug. 9, 2004, 118 Stat. 1041.) -COD- CODIFICATION Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899". -MISC1- AMENDMENTS 2004 - Pub. L. 108-293 substituted "day and, unless otherwise granted a waiver by the Commandant of the Coast Guard, a light" for "day and a lighted lantern" in second sentence and inserted at end "The Commandant of the Coast Guard may waive the requirement to mark a wrecked vessel, raft, or other craft with a light at night if the Commandant determines that placing a light would be impractical and granting such a waiver would not create an undue hazard to navigation." 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. -End- -CITE- 33 USC Sec. 410 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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, Secs. 1-3, 31 Stat. 172; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.) -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). -End- -CITE- 33 USC Sec. 411 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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, 409, 414, and 415 of this title shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of up to $25,000 per day, 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; Pub. L. 104-303, title II, Sec. 218(a), Oct. 12, 1996, 110 Stat. 3696.) -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. -MISC1- AMENDMENTS 1996 - Pub. L. 104-303 substituted "407, 408, 409, 414, and 415" for "407, 408, and 409" and "of up to $25,000 per day" for "not exceeding twenty-five hundred dollars nor less than five hundred dollars". -End- -CITE- 33 USC Sec. 412 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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, 409, 414, and 415 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; Pub. L. 104-303, title II, Sec. 218(a)(1), Oct. 12, 1996, 110 Stat. 3696.) -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. -MISC1- AMENDMENTS 1996 - Pub. L. 104-303 substituted "407, 408, 409, 414, and 415 of this title" for "407, 408, and 409 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). -End- -CITE- 33 USC Sec. 413 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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; Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.) -COD- CODIFICATION Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899". -MISC1- 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. -End- -CITE- 33 USC Sec. 414 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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; Pub. L. 99-662, title IX, Sec. 939(b), Nov. 17, 1986, 100 Stat. 4199.) -COD- CODIFICATION Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899". -MISC1- 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 act 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. -End- -CITE- 33 USC Sec. 415 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 415. Summary removal of water craft obstructing navigation; liability of owner, lessee, or operator -STATUTE- (a) Removal authority 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 actual expense, including administrative expenses, 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) Removal requirement Not later than 24 hours after the Secretary of the Department in which the Coast Guard is operating issues an order to stop or delay navigation in any navigable waters of the United States because of conditions related to the sinking or grounding of a vessel, the owner or operator of the vessel, with the approval of the Secretary of the Army, shall begin removal of the vessel using the most expeditious removal method available or, if appropriate, secure the vessel pending removal to allow navigation to resume. If the owner or operator fails to begin removal or to secure the vessel pending removal or fails to complete removal on an expedited basis, the Secretary of the Army shall remove or destroy the vessel using the summary removal procedures under subsection (a) of this section. (c) Liability of owner, lessee, or operator 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 actual cost, including administrative costs, 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; Pub. L. 99-662, title IX, Sec. 939(b), Nov. 17, 1986, 100 Stat. 4199; Pub. L. 104-303, title II, Sec. 218(b), Oct. 12, 1996, 110 Stat. 3696.) -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. -MISC1- AMENDMENTS 1996 - Subsec. (a). Pub. L. 104-303, Sec. 218(b)(1), substituted "actual expense, including administrative expenses, of removing" for "expense of removing". Subsec. (b). Pub. L. 104-303, Sec. 218(b)(4), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 104-303, Sec. 218(b)(2), (3), redesignated subsec. (b) as (c) and substituted "actual cost, including administrative costs, of removal" for "cost of removal". 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 For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. 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. -End- -CITE- 33 USC Sec. 416 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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(a), formerly Sec. 20, 30 Stat. 1155; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; renumbered Sec. 20(a), Pub. L. 99-662, title IX, Sec. 939(b), Nov. 17, 1986, 100 Stat. 4199.) -COD- CODIFICATION Section is from part of section 20(a) of act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899". See Codification and Amendment notes set out under section 415 of this title. -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. -MISC1- 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. -End- -CITE- 33 USC Sec. 417 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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). -End- -CITE- 33 USC Sec. 418 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 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(a), formerly 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; renumbered Sec. 20(a), Pub. L. 99- 662, title IX, Sec. 939(b), Nov. 17, 1986, 100 Stat. 4199.) -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(a) of act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899". See Codification and Amendment notes set out under section 415 of this title. -End- -CITE- 33 USC Sec. 419 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 419. Regulation by Secretary governing transportation and dumping of dredgings, refuse, etc., into navigable waters; oyster lands; appropriations -STATUTE- The Secretary of the Army is authorized and empowered to prescribe regulations to govern the transportation and dumping into any navigable water, or waters adjacent thereto, of dredgings, earth, garbage, and other refuse materials of every kind or description, whenever in his judgment such regulations are required in the interest of navigation. Such regulations shall be posted in conspicuous and appropriate places for the information of the public; and every person or corporation which shall violate the said regulations, or any of them, shall be deemed guilty of a misdemeanor and shall be subject to the penalties prescribed in sections 411 and 412 of this title, for violation of the provisions of section 407 of this title: Provided, That any regulations made in pursuance hereof may be enforced as provided in section 413 of this title, the provisions whereof are made applicable to the said regulations: Provided further, That this section shall not apply to any waters within the jurisdictional boundaries of any State which are now or may hereafter be used for the cultivation of oysters under the laws of such State, except navigable channels which have been or may hereafter be improved by the United States, or to be designated as navigable channels by competent authority, and in making such improvements of channels, the material dredged shall not be deposited upon any ground in use in accordance with the laws of such State for the cultivation of oysters, except in compliance with said laws: And provided further, That any expense necessary in executing this section may be paid from funds available for the improvement of the harbor or waterway, for which regulations may be prescribed, and in case no such funds are available the said expense may be paid from appropriations made by Congress for examinations, surveys, and contingencies of rivers and harbors. -SOURCE- (Mar. 3, 1905, ch. 1482, Sec. 4, 33 Stat. 1147; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -End- -CITE- 33 USC Sec. 419a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 419a. Management practices to extend capacity and useful life of dredged material disposal areas -STATUTE- The Secretary of the Army, acting through the Chief of Engineers, shall utilize and encourage the utilization of such management practices as he determines appropriate to extend the capacity and useful life of dredged material disposal areas such that the need for new dredged material disposal areas is kept to a minimum. Management practices authorized by this section shall include, but not be limited to, the construction of dikes, consolidation and dewatering of dredged material, and construction of drainage and outflow facilities. -SOURCE- (Pub. L. 94-587, Sec. 148, Oct. 22, 1976, 90 Stat. 2931.) -End- -CITE- 33 USC Sec. 420 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 420. Piers and cribs on Mississippi and St. Croix Rivers -STATUTE- The owners of sawmills on the Mississippi River and the Saint Croix River in the States of Wisconsin and Minnesota are authorized and empowered under the direction of the Secretary of the Army, to construct piers or cribs in front of their mill property on the banks of the river, for the protection of their mills and rafts against damage by floods and ice: Provided, however, That the piers or cribs so constructed shall not interfere with or obstruct the navigation of the river. And in case any pier or crib constructed under authority of this section shall at any time, and for any cause, be found to obstruct the navigation of the river, the Government expressly reserves the right to remove or direct the removal of it, at the cost and expense of the owners thereof. -SOURCE- (R.S. Sec. 5254; May 1, 1882, ch. 112, 22 Stat. 52; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION R.S. Sec. 5254 derived from act Mar. 3, 1873, ch. 278, 17 Stat. 606. -MISC1- AMENDMENTS 1882 - Act May 1, 1882, inserted reference to Saint Croix River in the States of Wisconsin and Minnesota. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -End- -CITE- 33 USC Sec. 421 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 421. Deposit of refuse, etc., in Lake Michigan near Chicago -STATUTE- It shall not be lawful to throw, discharge, dump, or deposit, or cause, suffer, or procure, to be thrown, discharged, dumped, or deposited, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into Lake Michigan, at any point opposite or in front of the county of Cook, in the State of Illinois, or the county of Lake in the State of Indiana, within eight miles from the shore of said lake, unless said material shall be placed inside of a breakwater so arranged as not to permit the escape of such refuse material into the body of the lake and cause contamination thereof; and no officer of the Government shall dump or cause or authorize to be dumped any material contrary to the provisions of this section: Provided, however, That the provisions of this section shall not apply to work in connection with the construction, repair, and protection of breakwaters and other structures built in aid of navigation, or for the purpose of obtaining water supply. Any person violating any provision of this section shall be guilty of a misdemeanor, and on conviction thereof shall be fined for each offense not exceeding $1,000. -SOURCE- (June 23, 1910, ch. 359, 36 Stat. 593.) -COD- CODIFICATION Section is from act June 23, 1910, popularly known as the "Rivers and Harbors Act of 1910". -End- -CITE- 33 USC Sec. 422 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 422. Modification and extension of harbor lines at Chicago -STATUTE- The Secretary of the Army is authorized, in his discretion, to modify and extend harbor lines in front of the city of Chicago in such manner as to permit park extension work which may be desired by the municipal authorities, including the changing and widening of the southern entrance to the Chicago Harbor. -SOURCE- (Aug. 26, 1912, ch. 408, Sec. 5, 37 Stat. 626; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act Aug. 26, 1912, popularly known as the "Deficiency Appropriation Act for 1912". -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -End- -CITE- 33 USC Sec. 423 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 423. Establishment of pierhead and bulkhead lines in Wilmington Harbor, California -STATUTE- The Secretary of the Army is authorized to fix and establish pierhead and bulkhead lines, either or both, in the inner harbor of San Pedro, otherwise known as Wilmington Harbor, California, beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made except under such regulations as shall be prescribed from time to time by the Secretary of the Army. -SOURCE- (Mar. 26, 1908, No. 14, 35 Stat. 569; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -End- -CITE- 33 USC Sec. 424 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 424. Establishment of pierhead or bulkhead lines in Newport Harbor, California -STATUTE- The Secretary of the Army is authorized and directed to fix and establish pierhead and bulkhead lines, either or both, at Newport Harbor, California, in accordance with plan dated United States Engineer Office, Los Angeles, California, March 25, 1913, and entitled "Newport Bay, California", showing harbor lines, beyond which no piers, wharfs, bulkheads, or other works shall be extended or deposit made, except under such regulations as shall be prescribed from time to time by the Secretary of the Army. -SOURCE- (July 27, 1916, ch. 260, Sec. 3, 39 Stat. 411; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is from act July 27, 1916, popularly known as the "Rivers and Harbors Appropriation Act of 1916". -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -End- -CITE- 33 USC Sec. 424a 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 424a. Modification of harbor lines in Newport Harbor, California -STATUTE- The Secretary of the Army is authorized to modify from time to time, the harbor lines at Newport Harbor, California, established in pursuance of section 424 of this title: Provided, That in his opinion such modification will not injuriously affect the interests of navigation. -SOURCE- (Mar. 3, 1925, ch. 467, Sec. 10, 43 Stat. 1197; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97-449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A). -End- -CITE- 33 USC Sec. 425 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 425. Omitted -COD- CODIFICATION Section, act June 7, 1924, ch. 316, Sec. 9, 43 Stat. 606, directed Secretary of War to investigate depositing of polluting substances into navigable streams and report the results to Congress not later than two years from June 7, 1924. -End- -CITE- 33 USC Sec. 426 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 426. Investigations concerning erosion of shores of coastal and lake waters -STATUTE- The Chief of Engineers of the United States Army, under the direction of the Secretary of the Army, is authorized and directed to cause investigations and studies to be made in cooperation with the appropriate agencies of the various States on the Atlantic, Pacific, and gulf coasts and on the Great Lakes, and of the States of Alaska and Hawaii, the Commonwealth of Puerto Rico, and the possessions of the United States, with a view to devising effective means of preventing erosion of the shores of coastal and lake waters by waves and currents; and any expenses incident and necessary thereto may be paid from funds appropriated for General Investigations, Civil Functions, Department of the Army: Provided, That the Department of the Army may release to the appropriate cooperating agencies information obtained by these investigations and studies prior to the formal transmission of reports to Congress: Provided further, That no money shall be expended under authority of this section in any State which does not provide for cooperation with the agents of the United States and contribute to the project such funds or services as the Secretary of the Army may deem appropriate and require; that there shall be organized under the Chief of Engineers, United States Army, a Board of seven members, of whom four shall be officers of the Corps of Engineers and three shall be civilian engineers selected by the Chief of Engineers with regard to their special fitness in the field of beach erosion and shore protection. The Board will furnish such technical assistance as may be directed by the Chief of Engineers in the conduct of such studies as may be undertaken and will review the reports of the investigations made. In the consideration of such studies as may be referred to the Board by the Chief of Engineers, the Board shall, when it considers it necessary and with the sanction of the Chief of Engineers, make, as a board or through its members, personal examination of localities under investigation: Provided further, That the civilian members of the Board may be paid at rates not to exceed $100 a day for each day of attendance at Board meetings, not to exceed thirty days per annum, in addition to the traveling and other necessary expenses connected with their duties on the Board in accordance with the provisions of section 5703 of title 5. -SOURCE- (July 3, 1930, ch. 847, Sec. 2, 46 Stat. 945; Pub. L. 86-645, title I, Sec. 103, July 14, 1960, 74 Stat. 484.) -REFTEXT- REFERENCES IN TEXT The Board, referred to in text, means the Beach Erosion Board, which was abolished by Pub. L. 88-172, Sec. 1, Nov. 7, 1963, 77 Stat. 304. See note set out below. -COD- CODIFICATION "Section 5703 of title 5" substituted in text for "section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C. 73b- 2)", on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC1- AMENDMENTS 1960 - Pub. L. 86-645, among other changes, substituted provisions requiring the three civilian members of the Board to be civilian engineers selected by the Chief of Engineers with regard to their special fitness in the field of beach erosion and shore protection for provisions which required the civilian members to be selected with regard to their special fitness from among the State agencies cooperating with the Department of the Army, and provisions authorizing payment of civilian members at rates not to exceed $100 a day, for not more than 30 days per annum, for provisions which required the States to pay the salaries of the civilian members. -TRANS- ABOLITION OF BEACH EROSION BOARD Pub. L. 88-172, Sec. 1, Nov. 7, 1963, 77 Stat. 304, provided in part: "That the Board established by section 2 of the River and Harbor Act approved July 3, 1930, as amended (33 U.S.C. 426), referred to as the Beach Erosion Board, is hereby abolished." For the transfer of functions of the Beach Erosion Board to the Coastal Engineering Research Center and the Board of Engineers for Rivers and Harbors, see sections 426-1 and 426-3 of this title. For termination of Board of Engineers for Rivers and Harbors 180 days after Oct. 31, 1992, and reassignment of duties and responsibilities by Secretary of Army, see section 223 of Pub. L. 102-580, set out as a note under section 541 of this title. -MISC2- GREAT LAKES LEVELS STUDY Pub. L. 99-662, title VII, Sec. 706, Nov. 17, 1986, 100 Stat. 4158, authorized Secretary of the Army, in cooperation with National Oceanic and Atmospheric Administration, Federal Emergency Management Agency, International Joint Commission, and other appropriate Federal, State, and local agencies and the private sector, to conduct a study of shoreline protection and beach erosion control policy and related projects of the Secretary, in view of the current situation and long-term expected increases in levels of the Great Lakes and directed Secretary, within three years after Nov. 17, 1986, to transmit the study, together with supporting documentation and recommendations to Congress. STUDY OF RISING OCEANS Pub. L. 99-662, title VII, Sec. 731, Nov. 17, 1986, 100 Stat. 4165, authorized Secretary of the Army, in cooperation with National Oceanic and Atmospheric Administration, Federal Emergency Management Agency, and other appropriate Federal, State, and local agencies and the private sector, to conduct a study of shoreline protection and beach erosion control policy and related projects of the Secretary, in view of the prospect for long-term increases in levels of the ocean and directed Secretary, within three years after Nov. 17, 1986, to transmit the study, together with supporting documentation and recommendations to Congress. APPLICATION OF EXISTING LAW TO SURVEYS RELATING TO SHORE PROTECTION Pub. L. 87-874, Sec. 103(b), Oct. 23, 1962, 76 Stat. 1179, provided that: "All provisions of existing law relating to surveys of rivers and harbors shall apply to surveys relating to shore protection and section 2 of the River and Harbor Act approved July 3, 1930, as amended (33 U.S.C. 426), is modified to the extent inconsistent herewith." -End- -CITE- 33 USC Sec. 426-1 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE WATERS CHAPTER 9 - PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I - IN GENERAL -HEAD- Sec. 426-1. Coastal Engineering Research Center; establishment; powers and functions -STATUTE- There shall be established under the Chief of Engineers, United States Army, a Coastal Engineering Research Center which, except as hereinafter provided in section 426-3 of this title, shall be vested with all the functions of the Beach Erosion Board, including the authority to make general investigations as provided in section 426a of this title, and such additional functions as the Chief of Engineers may assign. -SOURCE- (Pub. L. 88-172, Sec. 1, Nov. 7, 1963, 77 Stat. 304.) -COD- CODIFICATION Section was enacted as part of section 1 of Pub. L. 88-172. The remainder of said section 1, abolishing the Beach Erosion Board, is classified as a note under section 426 of this title. -TRANS- ABOLITION OF BEACH EROSION BOARD Section 1 of Pub. L. 88-172 abolished Beach Erosion Board, and is set out as a note under section 426 of this title. For the transfer of certain functions of said Board to Board of Engineers for Rivers and Harbors, see section 426-3 of this title. For termination of Board of Engineers for Rivers and Harbors 180 days after Oct. 31, 1992, and reassignment of duties and responsibilities by Secretary of Army, see section 223 of Pub. L. 102-580, set out as a note under section 541 of this title. -End- -CITE- 33 USC Sec. 426-2 01/02/2006 -EXPCITE- TITLE 33 - NAVIGATION AND NAVIGABLE W