33 U.S.C. § 2401 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 37: ORGANOTIN ANTIFOULING PAINT CONTROL / Section 2401: Repealed. Pub. L. 111-281, title X, §1048, Oct. 15, 2010, 124 Stat. 3032
Repealed. Pub. L. 111-281, title X, §1048, Oct. 15, 2010, 124 Stat. 3032
Status: repealed

Section 2401, Pub. L. 100–333, §2, June 16, 1988, 102 Stat. 605, provided findings and purposes for chapter.

Section 2402, Pub. L. 100–333, §3, June 16, 1988, 102 Stat. 605, provided definitions for chapter.

Section 2403, Pub. L. 100–333, §4, June 16, 1988, 102 Stat. 606, prohibited, with exceptions, application of antifouling paint containing organotin to any vessel less than 25 meters in length.

Section 2404, Pub. L. 100–333, §5, June 16, 1988, 102 Stat. 606, prohibited certain organotin paints and additives.

Section 2405, Pub. L. 100–333, §6, June 16, 1988, 102 Stat. 607, related to certification of antifouling paints containing organotin.

Section 2406, Pub. L. 100–333, §7, June 16, 1988, 102 Stat. 607; Pub. L. 104–106, div. A, title X, §1064(f), Feb. 10, 1996, 110 Stat. 445, related to monitoring and research of ecological effects.

Section 2407, Pub. L. 100–333, §8, June 16, 1988, 102 Stat. 608, provided for alternative antifouling research.

Section 2408, Pub. L. 100–333, §9, June 16, 1988, 102 Stat. 608, related to issuance of a final water quality criteria document.

Section 2409, Pub. L. 100–333, §10, June 16, 1988, 102 Stat. 608, provided for civil and criminal penalties for violations of certain sections of chapter.

Section 2410, Pub. L. 100–333, §11, June 16, 1988, 102 Stat. 608, related to other authorities and State laws.

Statutory Notes and Related Subsidiaries

Effective Date; Use of Existing Stocks

Pub. L. 100–333, §12, June 16, 1988, 102 Stat. 609, which provided that this chapter would take effect on June 16, 1988, and provided for a limited amount of time after that date to sell and use existing stocks of organotin paints and additives, was repealed by Pub. L. 111–281, title X, §1048, Oct. 15, 2010, 124 Stat. 3032.

Short Title

Pub. L. 100–333, §1, June 16, 1988, 102 Stat. 605, which provided that this chapter could be cited as the "Organotin Antifouling Paint Control Act of 1988", was repealed by Pub. L. 111–281, title X, §1048, Oct. 15, 2010, 124 Stat. 3032.
33 U.S.C. § 1373 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter V: GENERAL PROVISIONS / Section 1373: Public health agency coordination
Public health agency coordination
Status: in_force

The permitting agency under section 1342 of this title shall assist the applicant for a permit under such section in coordinating the requirements of this chapter with those of the appropriate public health agencies.

(June 30, 1948, ch. 758, title V, §514, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 894.)
33 U.S.C. § 598b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter III: ACQUISITION OF LAND AND MATERIALS / Section 598b: Minimum real estate interest
Minimum real estate interest
Status: in_force

(a) Real estate plan

The Secretary shall provide to the non-Federal interest for an authorized water resources development project a real estate plan for the project that includes a description of the real estate interests required for construction, operation and maintenance, repair, rehabilitation, or replacement of the project, including any specific details and legal requirements necessary for implementation of the project.

(b) Identification of minimum interest

(1) In general

For each authorized water resources development project for which an interest in real property is required for any applicable construction, operation and maintenance, repair, rehabilitation, or replacement, the Secretary shall identify the minimum interest in the property necessary to carry out the applicable activity.

(2) Determination

In carrying out paragraph (1), the Secretary shall identify an interest that is less than fee simple title in cases where the Secretary determines that—

(A) such an interest is sufficient for construction, operation and maintenance, repair, rehabilitation, and replacement of the applicable project; and

(B) the non-Federal interest cannot legally make available to the Secretary an interest in fee simple title for purposes of the project.

(c) Requirement

The non-Federal interest for an authorized water resources development project shall provide for the project an interest in the applicable real property that is the minimum interest identified under subsection (b).

(d) Annual report

The Secretary shall annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing—

(1) a summary of all instances in which the Secretary identified under subsection (b) fee simple title as the minimum interest necessary with respect to an activity for which the non-Federal interest requested the use of an interest less than fee simple title; and

(2) with respect to each such instance, a description of the legal requirements that resulted in identifying fee simple title as the minimum interest.

(e) Existing agreements

At the request of a non-Federal interest, an agreement entered into under section 1962d–5b of title 42 between the Secretary and the non-Federal interest before January 4, 2025, may be amended to reflect the requirements of this section.

(Pub. L. 118–272, div. A, title I, §1104, Jan. 4, 2025, 138 Stat. 3000.)

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 1002 of div. A of Pub. L. 118–272, set out as a note under section 2201 of this title.
33 U.S.C. § 603 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter IV: PARTICULAR WORK OR IMPROVEMENTS / Section 603: Repealed. Mar. 2, 1945, ch. 19, §3, 59 Stat. 23
Repealed. Mar. 2, 1945, ch. 19, §3, 59 Stat. 23
Status: repealed

Section, acts July 25, 1912, ch. 253, §1, 37 Stat. 222; July 3, 1930, ch. 847, §3, 46 Stat. 946; Oct. 17, 1940, ch. 895, §3, 54 Stat. 1200, related to removal of temporary obstructions and to minor improvements in navigable waters. See section 603a of this title.
33 U.S.C. § 872 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter I: GENERAL PROVISIONS / Section 872: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 86–451, title I, §301, May 13, 1960, 74 Stat. 94, which prescribed the rate of extra compensation for recorders, instrument observers and other Federal employees while making oceanographic observations or tending seismographs, was from an appropriation act. See section 873 of this title, which authorizes Secretary of Commerce to establish rates of compensation for such personnel.
33 U.S.C. § 426o (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 9: PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY / Subchapter I: IN GENERAL / Section 426o: Great Lakes material disposal
Great Lakes material disposal
Status: in_force

In planning and implementing any navigation project (including maintenance thereof) on the Great Lakes and adjacent waters, the Secretary shall consult and cooperate with concerned States in selecting disposal areas for dredged material which is suitable for beach nourishment.

(Pub. L. 99–662, title XI, §1154, Nov. 17, 1986, 100 Stat. 4256.)

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 2201 of this title.
33 U.S.C. § 668 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 14: CALIFORNIA DEBRIS COMMISSION / Section 668: "Hydraulic mining" and "mining by hydraulic process" defined
"Hydraulic mining" and "mining by hydraulic process" defined
Status: in_force

For the purposes of this chapter "hydraulic mining" and "mining by the hydraulic process" are declared to have the meaning and application given to said terms in the State of California.

(Mar. 1, 1893, ch. 183, §8, 27 Stat 508.)
33 U.S.C. § 924 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 18: LONGSHORE AND HARBOR WORKERS' COMPENSATION / Section 924: Witnesses
Witnesses
Status: in_force

No person shall be required to attend as a witness in any proceeding before a deputy commissioner at a place outside of the State of his residence and more than one hundred miles from his place of residence, unless his lawful mileage and fee for one day's attendance shall be first paid or tendered to him; but the testimony of any witness may be taken by deposition or interrogatories according to the rules of practice of the Federal district court for the judicial district in which the case is pending (or of the United States District Court for the District of Columbia if the case is pending in the District).

(Mar. 4, 1927, ch. 509, §24, 44 Stat. 1437; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, §32(b), 62 Stat. 991; May 24, 1949, ch. 139, §127, 63 Stat. 107.)

Editorial Notes

Codification

As originally enacted, this section contained a reference to the Supreme Court of the District of Columbia. Act June 25, 1936, substituted "the district court of the United States for the District of Columbia" for "the Supreme Court of the District of Columbia", and act June 25, 1948, as amended by act May 24, 1949, substituted "United States District Court for the District of Columbia" for "district court of the United States for the District of Columbia".
33 U.S.C. § 3407 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 47: OCEAN EXPLORATION / Subchapter I: EXPLORATION / Section 3407: Definitions
Definitions
Status: in_force

In this subchapter:

(1) Characterization

The terms "characterization", "characterize", and "characterizing" mean activities that provide comprehensive data and interpretations for a specific area of interest of the sea floor, sub-bottom, water column, or hydrologic features, such as water masses and currents, in direct support of specific research, environmental protection, resource management, policymaking, or applied mission objectives.

(2) Exploration

The term 1 "exploration", "explore", and "exploring" means 1 activities that provide—

(A) a multidisciplinary view of an unknown or poorly understood area of the sea floor, sub-bottom, or water column; and

(B) an initial assessment of the physical, chemical, geological, biological, archaeological, or other characteristics of such an area.

(3) Mapping

The terms "map" and "mapping" mean activities that provide comprehensive data and information needed to understand sea floor characteristics, including depth, topography, bottom type, sediment composition and distribution, underlying geologic structure, and benthic flora and fauna.

(Pub. L. 111–11, title XII, §12007, as added Pub. L. 117–263, div. J, title CIII, §10305(h), Dec. 23, 2022, 136 Stat. 3974.)

1 So in original. Probably should be "terms" and "mean".
33 U.S.C. § 2335 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2335: Coastal aquatic habitat management
Coastal aquatic habitat management
Status: in_force

(a) In general

The Secretary may cooperate with the Secretaries of Agriculture and the Interior, the Administrators of the Environmental Protection Agency and the National Oceanic and Atmospheric Administration, other appropriate Federal, State, and local agencies, and affected private entities, in the development of a management strategy to address problems associated with toxic microorganisms and the resulting degradation of ecosystems in the tidal and nontidal wetlands and waters of the United States.

(b) Assistance

As part of the management strategy, the Secretary may provide planning, design, and other technical assistance to each participating State in the development and implementation of nonregulatory measures to mitigate environmental problems and restore aquatic resources.

(c) Cost sharing

The Federal share of the cost of measures undertaken under this section shall not exceed 65 percent.

(d) Operation and maintenance

The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.

(e) Authorization of appropriations

There is authorized to be appropriated to carry out this section $7,000,000 for the period beginning with fiscal year 2000.

(Pub. L. 106–53, title V, §559, Aug. 17, 1999, 113 Stat. 354.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 1999, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–53, set out as a note under section 2201 of this title.
33 U.S.C. § 891a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter III: NOAA FLEET MODERNIZATION / Section 891a: Fleet replacement and modernization program
Fleet replacement and modernization program
Status: in_force

The Secretary is authorized to implement, subject to the requirements of this subchapter, a 15-year program to replace and modernize the NOAA fleet.

(Pub. L. 102–567, title VI, §603, Oct. 29, 1992, 106 Stat. 4300.)

Editorial Notes

References in Text

This subchapter, referred to in text, was in the original "this Act", and was translated as reading "this title", meaning title VI of Pub. L. 102–567, which enacted this subchapter, to reflect the probable intent of Congress.
33 U.S.C. § 59e (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 59e: Bayou Lafourche, Louisiana
Bayou Lafourche, Louisiana
Status: in_force

Bayou Lafourche, in the State of Louisiana, between Canal Boulevard, city of Thibodaux, Parish of Lafourche, State of Louisiana, and the head of the bayou at its junction with the Mississippi River levee at the city of Donaldsonville, Parish of Ascension, State of Louisiana, is hereby declared to be a nonnavigable waterway of the United States within the meaning of the laws of the United States. The existing project for Bayou Lafourche, Louisiana, authorized by the Acts of August 30, 1935 (49 Stat. 1028) and July 14, 1960 (74 Stat. 480) is hereby deauthorized in the reach of Bayou Lafourche herein declared nonnavigable.

The right to alter, amend, or repeal this section is hereby expressly reserved.

(Pub. L. 90–149, Nov. 22, 1967, 81 Stat. 507.)

Editorial Notes

References in Text

The provisions of the Acts of August 30, 1935 (49 Stat. 1028) and July 14, 1960 (74 Stat. 480), referred to in text, authorizing the Bayou Lafourche, Louisiana, project, are not classified to the Code.

Statutory Notes and Related Subsidiaries

Portion of Bayou Lafourche Declared To Be Navigable Waterway

Pub. L. 101–595, title III, §314, Nov. 16, 1990, 104 Stat. 2987, provided that: "Bayou Lafourche, in the State of Louisiana, between the Percy Brown Road (Hwy 648), city of Thibodaux, parish of Lafourche, and the Southern Pacific Railroad bridge crossing the bayou, city of Thibodaux, parish of Lafourche, is declared to be navigable waterway of the United States under chapter 11 of title 33, United States Code."
33 U.S.C. § 597 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter III: ACQUISITION OF LAND AND MATERIALS / Section 597: Acquisition of lands for water resource development projects; information as to probable timing for acquisition; public meetings; regulations
Acquisition of lands for water resource development projects; information as to probable timing for acquisition; public meetings; regulations
Status: in_force

Within six months after the date that Congress authorizes construction of a water resource development project under the jurisdiction of the Secretary of the Army, the Corps of Engineers shall make reasonable effort to advise owners and occupants in and adjacent to the project area as to the probable timing for the acquisition of lands for the project and for incidental rights-of-way, relocations, and any other requirements affecting owners and occupants. Within a reasonable time after initial appropriations are made for land acquisition or construction, including relocations, the Corps of Engineers shall conduct public meetings at locations convenient to owners and tenants to be displaced by the project in order to advise them of the proposed plans for acquisition and to afford them an opportunity to comment. To carry out the provisions of this section, the Chief of Engineers shall issue regulations to provide, among other things, dissemination of the following information to those affected: (1) factors considered in making the appraisals; (2) desire to purchase property without going to court; (3) legal right to submit to condemnation proceedings; (4) payments for moving expenses or other losses not covered by appraised market value; (5) occupancy during construction; (6) removal of improvements; (7) payments required from occupants of Government acquired land; (8) withdrawals by owners of deposits made in court by Government, and (9) use of land by owner when easement is acquired. The provisions of this section shall not subject the United States to any liability nor affect the validity of any acquisitions by purchase or condemnation and shall be exempt from the operations of subchapter II of chapter 5, and chapter 7, of title 5.

(Pub. L. 86–645, title III, §302, July 14, 1960, 74 Stat. 502.)

Editorial Notes

Codification

"Subchapter II of chapter 5, and chapter 7, of title 5" substituted in text for "the Administrative Procedure Act of June 11, 1946, as amended" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 86–645, title III, §303, July 14, 1960, 74 Stat. 503, provided that: "Title III of this Act [enacting this section and section 596 of this title] may be cited as the 'Land Acquisition Policy Act of 1960'."
33 U.S.C. § 2301 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2301: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section 2301, Pub. L. 99–662, title IX, §937, Nov. 17, 1986, 100 Stat. 4198, which required the Secretary of the Army to transmit to certain committees of Congress annual reports on electricity generated by water resource projects constructed by the Secretary and revenues and costs associated with the projects, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 72 of House Document No. 103–7.

Subsec. (a) of section 2302, Pub. L. 99–662, title IX, §938(a), Nov. 17, 1986, 100 Stat. 4198, which required the Secretary of the Army to transmit an annual report to certain committees of Congress describing contracts awarded, broken down by Engineer District of the Army Corps of Engineers, including the number and dollar amount of contracts set aside for small business concerns, awarded to small business or small disadvantaged business concerns, available for competition by qualified firms of all sizes, and awarded to other than small business or small disadvantaged business concerns, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 69 of House Document No. 103–7.

Subsec. (b) of section 2302, Pub. L. 99–662, title IX, §938(b), Nov. 17, 1986, 100 Stat. 4198, directed the Comptroller General to conduct a study of the contracting procedures of the Secretary of the Army for civil works projects, examining whether potential bidders or offerors, regardless of their size, are allowed to compete fairly in the interest of lowering cost on contracts for construction, and to report findings and recommendations to Congress within two years of Nov. 17, 1986.
33 U.S.C. § 2315 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2315: Periodic statements
Periodic statements
Status: in_force

Upon receipt of a request from a non-Federal sponsor of a water resources development project under construction by the Secretary, the Secretary shall provide such sponsor with periodic statements of project expenditures. Such statements shall include an estimate of all Federal and non-Federal funds expended by the Secretary, including overhead expenditures, the purpose for expenditures, and a schedule of anticipated expenditures during the remaining period of construction. Statements shall be provided to the sponsor at intervals of no greater than 6 months.

(Pub. L. 100–676, §10, Nov. 17, 1988, 102 Stat. 4024.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 1988, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 100–676, set out as a note under section 2201 of this title.
33 U.S.C. § 423 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 9: PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY / Subchapter I: IN GENERAL / Section 423: Establishment of pierhead and bulkhead lines in Wilmington Harbor, California
Establishment of pierhead and bulkhead lines in Wilmington Harbor, California
Status: in_force

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.

(Mar. 26, 1908, No. 14, 35 Stat. 569; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Statutory Notes and Related Subsidiaries

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.

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, §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).
33 U.S.C. § 929 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 18: LONGSHORE AND HARBOR WORKERS' COMPENSATION / Section 929: Record of injury or death
Record of injury or death
Status: in_force

Every employer shall keep a record in respect of any injury to an employee. Such record shall contain such information of disease, other disability, or death in respect of such injury as the Secretary may by regulation require, and shall be available to inspection by the Secretary or by any State authority at such times and under such conditions as the Secretary may by regulation prescribe.

(Mar. 4, 1927, ch. 509, §29, 44 Stat. 1438; Pub. L. 98–426, §27(a)(2), Sept. 28, 1984, 98 Stat. 1654.)

Editorial Notes

Amendments

1984—Pub. L. 98–426, §27(a)(2), substituted "Secretary" for "commission". See Transfer of Functions note set out under section 902 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.
33 U.S.C. § 702o (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 15: FLOOD CONTROL / Section 702o: Mississippi River and Tributaries Project
Mississippi River and Tributaries Project
Status: in_force

(a) In general

After any flood event requiring operation or activation of any floodway or backwater feature within the Mississippi River and Tributaries Project through natural overtopping of a Federal levee or artificial crevassing of a Federal levee to relieve pressure on the levees elsewhere in the system, the Secretary shall expeditiously reset and restore the damaged floodway's levees.

(b) Consultation

In carrying out subsection (a), the Secretary shall provide an opportunity for consultation with affected communities.

(c) Mississippi River and Tributaries Project

The term "Mississippi River and Tributaries Project" means the Mississippi River and Tributaries project authorized by the Act of May 15, 1928 (Chap. 569; 45 Stat. 534).

(Pub. L. 115–270, title I, §1128, Oct. 23, 2018, 132 Stat. 3780.)

Editorial Notes

References in Text

The act of May 15, 1928, referred to in subsec. (c), is act May 15, 1928, ch. 569, 45 Stat. 534, which enacted sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 102 of Pub. L. 115–270, set out as a note under section 2201 of this title.
33 U.S.C. § 23 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 23: Bear Creek, Mississippi
Bear Creek, Mississippi
Status: in_force

Bear Creek in Humphreys, Leflore, and Sunflower Counties, in the State of Mississippi, is declared to be a nonnavigable stream within the meaning of the Constitution and the laws of the United States.

The right of Congress to alter, amend, or repeal this section is expressly reserved.

(Mar. 3, 1923, ch. 229, §§1, 2, 42 Stat. 1442.)

Editorial Notes

Codification

The first sentence hereof is section 1 and the last sentence section 2 of act Mar. 3, 1923, entitled "An Act declaring Bear Creek in Humphreys, Leflore, and Sunflower counties, Mississippi, to be a nonnavigable stream".
33 U.S.C. § 2909 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 42: ESTUARY RESTORATION / Section 2909: General provisions
General provisions
Status: in_force

(a) Agency consultation and coordination

In carrying out this chapter, the Secretary shall, as necessary, consult with, cooperate with, and coordinate its activities with the activities of other Federal departments and agencies.

(b) Cooperative agreements; memoranda of understanding

In carrying out this chapter, the Secretary may—

(1) enter into cooperative agreements or contracts with Federal, State, and local government agencies, nongovernmental organizations, and other entities; and

(2) execute such memoranda of understanding as are necessary to reflect the agreements.

(c) Federal agency facilities and personnel

Federal agencies may cooperate in carrying out scientific and other programs necessary to carry out this chapter, and may provide facilities and personnel, for the purpose of assisting the Council in carrying out its duties under this chapter.

(Pub. L. 106–457, title I, §110, Nov. 7, 2000, 114 Stat. 1966; Pub. L. 110–114, title V, §5017(h), Nov. 8, 2007, 121 Stat. 1199.)

Editorial Notes

Amendments

2007—Subsec. (b)(1). Pub. L. 110–114, §5017(h)(1), inserted "or contracts" after "agreements" and ", nongovernmental organizations," after "agencies".

Subsecs. (d), (e). Pub. L. 110–114, §5017(h)(2), struck out subsecs. (d) and (e) which related to identification and mapping of dredged material disposal sites and study of bioremediation technology, respectively.
33 U.S.C. § 2315b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2315b: Transparency and accountability in cost sharing for water resources development projects
Transparency and accountability in cost sharing for water resources development projects
Status: in_force

(a) Definition of balance sheet

In this section, the term "balance sheet" means a document that describes—

(1) the funds provided by each Federal and non-Federal interest for a water resources development project; and

(2) the status of those funds.

(b) Establishment of balance sheet

Each district of the Corps of Engineers shall, using the authority of the Secretary under section 2315 of this title—

(1) maintain a balance sheet for each water resources development project carried out by the Secretary for which a non-Federal cost share is required; and

(2) on request of a non-Federal interest that provided funds for the project, provide to the non-Federal interest a copy of the balance sheet.

(c) Under-budget projects

In the case of a water resources development project carried out by the Secretary that is completed at a cost less than the estimated cost, the Secretary shall transfer any excess non-Federal funds to the non-Federal interest in accordance with the cost-share requirement applicable to the project.

(Pub. L. 115–270, title I, §1120, Oct. 23, 2018, 132 Stat. 3777.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the America's Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 102 of Pub. L. 115–270, set out as a note under section 2201 of this title.
33 U.S.C. § 576a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 576a: Purchase of passenger motor vehicles by Corps of Engineers
Purchase of passenger motor vehicles by Corps of Engineers
Status: in_force

On and after March 4, 1933, the provisions of section 1343 of title 31 shall be construed as applying to the Corps of Engineers as to the purchase of motor-propelled passenger-carrying vehicles.

(Mar. 4, 1933, ch. 281, title II, §1, 47 Stat. 1599.)

Editorial Notes

Codification

"Section 1343 of title 31" substituted in text for "section 5 of the Act of July 16, 1914 (U.S.C., title 5, sec. 78)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Section was formerly classified to section 638b of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 877.

Section was also formerly classified to section 78a of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.
33 U.S.C. § 1514 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 29: DEEPWATER PORTS / Section 1514: Remedies
Remedies
Status: in_force

(a) Criminal penalties

Any person who willfully violates any provision of this chapter or any rule, order, or regulation issued pursuant thereto commits a class A misdemeanor for each day of violation.

(b) Orders of compliance; Attorney General's civil action; jurisdiction and venue

(1) Whenever on the basis of any information available to him the Secretary finds that any person is in violation of any provision of this chapter or any rule, regulation, order, license, or condition thereof, or other requirements under this chapter, he shall issue an order requiring such person to comply with such provision or requirement, or he shall bring a civil action in accordance with paragraph (3) of this subsection.

(2) Any order issued under this subsection shall state with reasonable specificity the nature of the violation and a time for compliance, not to exceed thirty days, which the Secretary determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.

(3) Upon a request by the Secretary, the Attorney General shall commence a civil action for appropriate relief, including a permanent or temporary injunction or a civil penalty not to exceed $25,000 per day of such violation, for any violation for which the Secretary is authorized to issue a compliance order under paragraph (1) of this subsection. Any action under this subsection may be brought in the district court of the United States for the district in which the defendant is located or resides, or is doing business, and such court shall have jurisdiction to restrain such violation, require compliance, or impose such penalty.

(c) Attorney General's action for equitable relief; scope of relief

Upon a request by the Secretary, the Attorney General shall bring an action in an appropriate district court of the United States for equitable relief to redress a violation by any person of any provision of this chapter, any regulation under this chapter, or any license condition. The district courts of the United States shall have jurisdiction to grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, compensatory damages, and punitive damages.

(d) Vessels; liability in rem; exempt vessels; consent or privy of owners or bareboat charterers

Any vessel, except a public vessel engaged in noncommercial activities, used in a violation of this chapter or of any rule or regulation issued pursuant to this chapter, shall be liable in rem for any civil penalty assessed or criminal fine imposed and may be proceeded against in any district court of the United States having jurisdiction thereof; but no vessel shall be liable unless it shall appear that one or more of the owners, or bareboat charterers, was at the time of the violation, a consenting party or privy to such violation.

(Pub. L. 93–627, §15, Jan. 3, 1975, 88 Stat. 2140; Pub. L. 101–380, title IV, §4302(m), Aug. 18, 1990, 104 Stat. 539.)

Editorial Notes

Amendments

1990—Subsec. (a). Pub. L. 101–380 substituted "commits a class A misdemeanor for each day of violation" for "shall on conviction be fined not more than $25,000 for each day of violation or imprisoned for not more than 1 year, or both".

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an Effective Date note under section 2701 of this title.

Deposit of Certain Penalties Into Oil Spill Liability Trust Fund

Penalties paid pursuant to this chapter and sections 1319(c) and 1321 of this title to be deposited in the Oil Spill Liability Trust Fund created under section 9509 of Title 26, Internal Revenue Code, see section 4304 of Pub. L. 101–380, set out as a note under section 9509 of Title 26.
33 U.S.C. § 426d (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 9: PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY / Subchapter I: IN GENERAL / Section 426d: Payment of expenses
Payment of expenses
Status: in_force

Any expenses incident and necessary in the undertaking of the general investigations authorized by sections 426a to 426d of this title may be paid from funds appropriated prior to or after July 31, 1945, for examinations, surveys, and contingencies for rivers and harbors.

(July 31, 1945, ch. 334, §4, 59 Stat. 508.)
33 U.S.C. § 59b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 59b: Bayous Terrebonne and LeCarpe, Louisiana
Bayous Terrebonne and LeCarpe, Louisiana
Status: in_force

Bayou Terrebonne west of Barrow Street and Bayou LeCarpe west of the Intracoastal Waterway in the city of Houma, State of Louisiana, are declared to be not navigable waters of the United States within the meaning of the Constitution and laws of the United States.

The right to alter, amend, or repeal this section is expressly reserved.

(Pub. L. 86–226, §§2, 3, Sept. 8, 1959, 73 Stat. 455.)
33 U.S.C. § 680 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 14: CALIFORNIA DEBRIS COMMISSION / Section 680: Examination of mines; reports
Examination of mines; reports
Status: in_force

Said commission, or a committee therefrom, or officer of said corps assigned to duty under its orders, shall, whenever deemed necessary, visit said territory and all mines operating under the provisions of this chapter. A report of such examination shall be placed on file.

(Mar. 1, 1893, ch. 183, §20, 27 Stat. 510.)

Statutory Notes and Related Subsidiaries

Transfer of Functions

California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, §1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
33 U.S.C. § 1385 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter VI: STATE WATER POLLUTION CONTROL REVOLVING FUNDS / Section 1385: Corrective action
Corrective action
Status: in_force

(a) Notification of noncompliance

If the Administrator determines that a State has not complied with its agreement with the Administrator under section 1382 of this title or any other requirement of this subchapter, the Administrator shall notify the State of such noncompliance and the necessary corrective action.

(b) Withholding of payments

If a State does not take corrective action within 60 days after the date a State receives notification of such action under subsection (a), the Administrator shall withhold additional payments to the State until the Administrator is satisfied that the State has taken the necessary corrective action.

(c) Reallotment of withheld payments

If the Administrator is not satisfied that adequate corrective actions have been taken by the State within 12 months after the State is notified of such actions under subsection (a), the payments withheld from the State by the Administrator under subsection (b) shall be made available for reallotment in accordance with the most recent formula for allotment of funds under this subchapter.

(June 30, 1948, ch. 758, title VI, §605, as added Pub. L. 100–4, title II, §212(a), Feb. 4, 1987, 101 Stat. 25.)
33 U.S.C. § 3707 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 50: FEDERAL OCEAN ACIDIFICATION RESEARCH AND MONITORING / Section 3707: NASA ocean acidification activities
NASA ocean acidification activities
Status: in_force

(a) Ocean acidification activities

The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and coastal acidification and their respective impacts.

(b) Program consistency

The Administrator shall ensure that the Agency's research and monitoring activities on ocean acidification and coastal acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 3704 of this title.

(c) Coordination

The Administrator shall encourage coordination of the Agency's ocean acidification and coastal acidification activities with such activities of other nations and international organizations.

(d) Requirement

Researchers from the National Aeronautics and Space Administration under this subtitle that collect data described under section 3705(d) of this title shall—

(1) collect such data in accordance with the standards, protocols, or procedures established pursuant to section 3705(d) of this title; and

(2) submit such data to the Administrator and the Secretary, in accordance with any rules promulgated by the Administrator or the Secretary.

(Pub. L. 111–11, title XII, §12408, Mar. 30, 2009, 123 Stat. 1441; Pub. L. 117–167, div. B, title VI, §10648, Aug. 9, 2022, 136 Stat. 1681.)

Editorial Notes

Amendments

2022—Pub. L. 117–167, §10648(1), substituted "ocean acidification and coastal acidification" for "ocean acidification" wherever appearing in text.

Subsec. (a). Pub. L. 117–167, §10648(2), substituted "their respective impacts" for "its impacts".

Subsec. (d). Pub. L. 117–167, §10648(3), added subsec. (d).
33 U.S.C. § 701q (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 15: FLOOD CONTROL / Section 701q: Repair and protection of highways, railroads, and utilities damaged by operation of dams or reservoir
Repair and protection of highways, railroads, and utilities damaged by operation of dams or reservoir
Status: in_force

Whenever the Chief of Engineers shall find that any highway, railway, or utility has been or is being damaged or destroyed by reason of the operation of any dam or reservoir project under the control of the Department of the Army, he may utilize any funds available for the construction, maintenance, or operation of the project involved for the repair, relocation, restoration, or protection of such highway, railway, or utility: Provided, That this section shall not apply to highways, railways, and utilities previously provided for by the Department of the Army, unless the Chief of Engineers determines that the actual damage has or will exceed that for which provision had previously been made.

(July 24, 1946, ch. 596, §9, 60 Stat. 643; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Statutory Notes and Related Subsidiaries

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.
33 U.S.C. § 562a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 562a: Project depths for national defense purposes; waterways for general commerce
Project depths for national defense purposes; waterways for general commerce
Status: in_force

The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to maintain authorized river and harbor projects in excess of authorized project depths where such excess depths have been provided by the United States for defense purposes and whenever the Chief of Engineers determines that such waterways also serve essential needs of general commerce.

(Pub. L. 90–483, title I, §117, Aug. 13, 1968, 82 Stat. 737.)
33 U.S.C. § 2288 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2288: Repealed. Pub. L. 113-121, title I, §1004, June 10, 2014, 128 Stat. 1199
Repealed. Pub. L. 113-121, title I, §1004, June 10, 2014, 128 Stat. 1199
Status: repealed

Section, Pub. L. 99–662, title IX, §911, Nov. 17, 1986, 100 Stat. 4189, related to review of cost effectiveness of design.
33 U.S.C. § 2325 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2325: Voluntary contributions for environmental and recreation projects
Voluntary contributions for environmental and recreation projects
Status: in_force

(a) Acceptance

In connection with carrying out a water resources project for environmental protection and restoration or a water resources project for recreation, the Secretary is authorized to accept contributions of cash, funds, materials, and services from persons, including governmental entities but excluding the project sponsor.

(b) Deposit

Any cash or funds received by the Secretary under subsection (a) shall be deposited into the account in the Treasury of the United States entitled "Contributions and Advances, Rivers and Harbors, Corps of Engineers (8862)" and shall be available until expended to carry out water resources projects described in subsection (a).

(Pub. L. 102–580, title II, §203, Oct. 31, 1992, 106 Stat. 4826; Pub. L. 104–303, title II, §236(a), Oct. 12, 1996, 110 Stat. 3705.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 1992, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

1996—Subsec. (b). Pub. L. 104–303 substituted "(8862)" for "(8662)".

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 3 of Pub. L. 102–580, set out as a note under section 2201 of this title.
33 U.S.C. § 426b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 9: PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY / Subchapter I: IN GENERAL / Section 426b: Applicability of existing laws; projects referred to Board of Engineers for Rivers and Harbors
Applicability of existing laws; projects referred to Board of Engineers for Rivers and Harbors
Status: in_force

All provisions of existing law relating to examinations and surveys and to works of improvement of rivers and harbors shall apply, insofar as practicable, to examinations and surveys and to works of improvement relating to shore protection; except that all projects having to do with shore protection shall be referred for consideration and recommendation to the Board of Engineers for Rivers and Harbors.

(July 31, 1945, ch. 334, §2, 59 Stat. 508; Pub. L. 88–172, §1, Nov. 7, 1963, 77 Stat. 304.)

Editorial Notes

Codification

Provision for the referral of projects having to do with shore protection for consideration and recommendation to the Beach Erosion Board have been omitted as obsolete in view of the abolition of the Beach Erosion Board and the transfer of its review function to the Board of Engineers for Rivers and Harbors by Pub. L. 88–172, §1. See section 426–3 of this title.

Statutory Notes and Related Subsidiaries

Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities

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.
33 U.S.C. § 579 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 579: Repealed. Pub. L. 101-640, title I, §119(b), Nov. 28, 1990, 104 Stat. 4630
Repealed. Pub. L. 101-640, title I, §119(b), Nov. 28, 1990, 104 Stat. 4630
Status: repealed

Section, Pub. L. 93–251, title I, §12, Mar. 7, 1974, 88 Stat. 16; H. Res. 988, Oct. 8, 1974; Pub. L. 94–587, §157(a), Oct. 22, 1976, 90 Stat. 2933; S. Res. 4, Feb. 4, 1977, provided for deauthorization of projects of improvement of rivers and harbors and other waterways for navigation, beach erosion, flood control, and other purposes which the Secretary of the Army determined should no longer be authorized.
33 U.S.C. § 442 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 9: PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY / Subchapter III: NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF BALTIMORE / Section 442: Liability of officers of towing vessel
Liability of officers of towing vessel
Status: in_force

Any and every master and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel, who shall knowingly engage in towing any scow, boat, or vessel loaded with any such prohibited matter to any point or place of deposit, or discharge in the waters of any harbor subject to this subchapter, or to any point or place elsewhere than within the limits defined and permitted by the supervisor of the harbor, shall be deemed guilty of a violation of section 441 of this title, and shall, upon conviction, be punishable as provided for offenses in violation of section 441 of this title, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted.

(June 29, 1888, ch. 496, §2, 25 Stat. 209; Pub. L. 85–802, §1(2), Aug. 28, 1958, 72 Stat. 970.)

Editorial Notes

Amendments

1958—Pub. L. 85–802 substituted "any harbor subject to this subchapter" for "the harbor of New York, or in its adjacent or tributary waters, or in those of Long Island Sound", and struck out "hereinafter mentioned" after "supervisor of the harbor".

Statutory Notes and Related Subsidiaries

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85–802, set out as a note under section 441 of this title.
33 U.S.C. § 3030 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 43: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS / Subchapter II: APPOINTMENT AND PROMOTION OF OFFICERS / Section 3030: Temporary appointment or advancement of commissioned officers in time of war or national emergency
Temporary appointment or advancement of commissioned officers in time of war or national emergency
Status: in_force

(a) In general

Officers of the Administration shall be subject in like manner and to the same extent as personnel of the Navy to all laws authorizing temporary appointment or advancement of commissioned officers in time of war or national emergency.

(b) Limitations

Subsection (a) shall be applied subject to the following limitations:

(1) A commissioned officer in the service of a military department under section 3061 of this title may, upon the recommendation of the Secretary of the military department concerned, be temporarily promoted to a higher rank or grade.

(2) A commissioned officer in the service of the Administration may be temporarily promoted to fill vacancies in ranks and grades caused by the transfer of commissioned officers to the service and jurisdiction of a military department under section 3061 of this title.

(3) Temporary appointments may be made in all grades to which original appointments in the Administration are authorized, except that the number of officers holding temporary appointments may not exceed the number of officers transferred to a military department under section 3061 of this title.

(Pub. L. 107–372, title II, §230, Dec. 19, 2002, 116 Stat. 3087.)

Editorial Notes

Codification

Provisions similar to this section are contained in section 854a–1 of this title.

Executive Documents

Delegation of Functions

Functions of President under subsec. (b) of this section delegated to Secretary of Commerce by section 1(h)–(j) of Ex. Ord. No. 11023, May 28, 1962, 27 F.R. 5131, as amended, set out as a note under section 301 of Title 3, The President.
33 U.S.C. § 574 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 574: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 6, 1950, ch. 896, ch. IX, §101, 64 Stat. 726, which related to availability of appropriation for payments to school districts, was from the Civil Functions Appropriation Act, 1951, and was not repeated in subsequent appropriation acts.
33 U.S.C. § 705 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 15: FLOOD CONTROL / Section 705: Salmon River, Alaska; flood control work authorized
Salmon River, Alaska; flood control work authorized
Status: in_force

The project of prevention and control of floods in the Salmon River, Alaska, recommended in the report of the Chief of Engineers, United States Army, in House Document Numbered 228, Seventy-second Congress, is adopted and authorized and shall be prosecuted under the direction of the Secretary of the Army and the supervision of the Chief of Engineers in accordance with the plan recommended in such report and subject to the conditions set forth therein.

(June 18, 1934, ch. 581, 48 Stat. 991; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Statutory Notes and Related Subsidiaries

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.
33 U.S.C. § 883i (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter II: SURVEYS / Section 883i: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are authorized to be appropriated such funds as may be necessary to acquire, construct, maintain, and operate ships, stations, equipment, and facilities and for such other expenditures, including personal services at the seat of government and elsewhere and including the erection of temporary observatory buildings and lease of sites therefor, as may be necessary for the conduct of the activities herein authorized.

(Aug. 6, 1947, ch. 504, §9, 61 Stat. 788.)

Editorial Notes

References in Text

Herein, referred to in text, means act Aug. 6, 1947, ch. 504, 61 Stat. 787, which is classified generally to this subchapter (§883a et seq.). For complete classification of this Act to the Code, see Tables.
33 U.S.C. § 1915 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 33: PREVENTION OF POLLUTION FROM SHIPS / Section 1915: Repealed. Pub. L. 112-213, title VI, §604(d), Dec. 20, 2012, 126 Stat. 1577
Repealed. Pub. L. 112-213, title VI, §604(d), Dec. 20, 2012, 126 Stat. 1577
Status: repealed

Section, Pub. L. 100–220, title II, §2204, Dec. 29, 1987, 101 Stat. 1466; Pub. L. 104–324, title VIII, §802(c), Oct. 19, 1996, 110 Stat. 3945, related to creation of a plastic pollution public education program.
33 U.S.C. § 4234 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 55: SAVE OUR SEAS 2.0 / Subchapter I: COMBATING MARINE DEBRIS / Section 4234: Judges
Judges
Status: in_force

(a) Appointment

The Secretary shall appoint not fewer than 3 judges who shall, except as provided in subsection (b), select the 1 or more annual winners of the prize competition.

(b) Determination by the Secretary

The judges appointed under subsection (a) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award.

(Pub. L. 116–224, title I, §124, Dec. 18, 2020, 134 Stat. 1083.)
33 U.S.C. § 498 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 11: BRIDGES OVER NAVIGABLE WATERS / Subchapter I: GENERAL PROVISIONS / Section 498: Reservation of right to alter or repeal
Reservation of right to alter or repeal
Status: in_force

The right to alter, amend, or repeal sections 491 to 494 and 495 to 498 of this title, is expressly reserved as to any and all bridges which may be built in accordance with the provisions of said sections, and the United States shall incur no liability for the alteration, amendment, or repeal thereof to the owner or owners or any other persons interested in any bridge which shall have been constructed in accordance with its provisions.

(Mar. 23, 1906, ch. 1130, §8, 34 Stat. 86.)
33 U.S.C. § 744 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 16: LIGHTHOUSES / Section 744: Repealed. Pub. L. 117-263, div. K, title CXVIII, §11808(a)(10), Dec. 23, 2022, 136 Stat. 4165
Repealed. Pub. L. 117-263, div. K, title CXVIII, §11808(a)(10), Dec. 23, 2022, 136 Stat. 4165
Status: repealed

Section, act June 20, 1918, ch. 103, §7, 40 Stat. 608, related to superintendents of lighthouses and their salaries.
33 U.S.C. § 4265 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 55: SAVE OUR SEAS 2.0 / Subchapter II: ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS / Section 4265: Consideration of marine debris in negotiating international agreements
Consideration of marine debris in negotiating international agreements
Status: in_force

In negotiating any relevant international agreement with any country or countries after December 18, 2020, the President shall, as appropriate—

(1) consider the impact of land-based sources of plastic waste and other solid waste from that country on the marine and aquatic environment; and

(2) ensure that the agreement strengthens efforts to eliminate land-based sources of plastic waste and other solid waste from that country that impact the marine and aquatic environment.

(Pub. L. 116–224, title II, §206, Dec. 18, 2020, 134 Stat. 1091.)
33 U.S.C. § 24 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 24: Big Tarkio River, Missouri
Big Tarkio River, Missouri
Status: in_force

The Big Tarkio River, in the counties of Holt and Atchison, in the State of Missouri, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters.

The right to alter, amend, or repeal this section is expressly reserved.

(Feb. 15, 1910, ch. 33, §§1, 2, 36 Stat. 194.)

Editorial Notes

Codification

The first sentence hereof is section 1 and the last sentence section 2 of act Feb. 15, 1910, entitled "An Act to declare Big Tarkio River, in Holt and Atchison counties, Missouri, nonnavigable".
33 U.S.C. § 1480 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 28: POLLUTION CASUALTIES ON THE HIGH SEAS: UNITED STATES INTERVENTION / Section 1480: Notification by Secretary of State
Notification by Secretary of State
Status: in_force

The Secretary of State shall notify without delay foreign states concerned, the Secretary-General of the Inter-Governmental Maritime Consultative Organization, and persons affected by measures taken under this chapter.

(Pub. L. 93–248, §11, Feb. 5, 1974, 88 Stat. 10.)
33 U.S.C. § 551 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 551: Policy of Government as to terminal facilities for new projects
Policy of Government as to terminal facilities for new projects
Status: in_force

It is declared to be the policy of the Congress that water terminals are essential at all cities and towns located upon harbors or navigable waterways and that at least one public terminal should exist, constructed, owned, and regulated by the municipality or other public agency of the State and open to the use of all on equal terms. The Secretary of the Army, through the Chief of Engineers, shall give full publicity, as far as may be practicable, to this provision.

(Mar. 2, 1919, ch. 95, §1, 40 Stat. 1286; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

Codification

Section is from act Mar. 2, 1919, popularly known as the "Rivers and Harbors Appropriation Act of 1919".

The original text of said section 1 read as follows: "It is hereby declared to be the policy of the Congress that water terminals are essential at all cities and towns located upon harbors or navigable waterways and that at least one public terminal should exist, constructed, owned, and regulated by the municipality, or other public agency of the State and open to the use of all on equal terms, and with the view of carrying out this policy to the fullest possible extent the Secretary of War is hereby vested with the discretion to withhold, unless the public interests would seriously suffer by delay, monies appropriated in this Act for new projects adopted herein, or for the further improvement of existing projects if, in his opinion, no water terminals exist adequate for the traffic and open to all on equal terms, or unless satisfactory assurances are received that local or other interests will provide such adequate terminal or terminals. The Secretary of War, through the Chief of Engineers, shall give full publicity, as far as may be practicable, to this provision."

Statutory Notes and Related Subsidiaries

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.
33 U.S.C. § 3608 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 49: INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM / Section 3608: Repealed. Pub. L. 116-271, title I, §107(a), Dec. 31, 2020, 134 Stat. 3341
Repealed. Pub. L. 116-271, title I, §107(a), Dec. 31, 2020, 134 Stat. 3341
Status: repealed

Section, Pub. L. 111–11, title XII, §12309, Mar. 30, 2009, 123 Stat. 1436, related to independent cost estimates to be sent to Congress within 1 year after Mar. 30, 2009.
33 U.S.C. § 891h (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter III: NOAA FLEET MODERNIZATION / Section 891h: Authorization of appropriations
Authorization of appropriations
Status: in_force

(a) In general

There are authorized to be appropriated to the Secretary for carrying out this subchapter—

(1) $50,000,000 for fiscal year 1993;

(2) $100,000,000 for fiscal year 1994; and

(3) such sums as are necessary for each of the fiscal years 1995, 1996, and 1997.

(b) Limitation on fleet modernization activities

All National Oceanic and Atmospheric Administration fleet modernization shipbuilding, and conversion shall be conducted in accordance with this subchapter.

(Pub. L. 102–567, title VI, §610, Oct. 29, 1992, 106 Stat. 4303.)
33 U.S.C. § 630 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter V: PROSECUTION OF WORK GENERALLY / Section 630: Limitation on expenditure for purchase of dredges
Limitation on expenditure for purchase of dredges
Status: in_force

No money authorized to be expended for the acquirement of any dredge or dredges shall be so expended for the purchase of any dredge or dredges from private contractors, which at the time of the proposed purchase can be manufactured at any navy yard or other government-owned factory for a sum less than it can be purchased for from such private contractor.

(Sept. 22, 1922, ch. 427, §5, 42 Stat. 1042.)

Editorial Notes

Codification

Section is from part of section 5 of the Rivers and Harbors Appropriation Act for 1922.

The omitted portion of that section authorized the construction of six seagoing hopper dredges and limited the cost of each to $750,000.
33 U.S.C. § 1603 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 30: INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA / Section 1603: Vessels subject to International Regulations
Vessels subject to International Regulations
Status: in_force

Except as provided in section 1604 of this title and subject to the provisions of section 1605 of this title, the International Regulations, as proclaimed under section 1602 of this title, shall be applicable to, and shall be complied with by—

(1) all vessels, public and private, subject to the jurisdiction of the United States, while upon the high seas or in waters connected therewith navigable by seagoing vessels, and

(2) all other vessels when on waters subject to the jurisdiction of the United States.

(Pub. L. 95–75, §4, July 27, 1977, 91 Stat. 309.)
33 U.S.C. § 557a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 557a: Publication of pamphlets, maps, brochures, and other material
Publication of pamphlets, maps, brochures, and other material
Status: in_force

The Chief of Engineers is authorized to publish information pamphlets, maps, brochures, and other material on river and harbor, flood control, and other civil works activities, including related public park and recreation facilities, under his jurisdiction, as he may deem to be of value to the general public.

(Pub. L. 85–480, §1, July 2, 1958, 72 Stat. 279.)
33 U.S.C. § 2351a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2351a: Operation and maintenance of existing infrastructure
Operation and maintenance of existing infrastructure
Status: in_force

The Secretary shall improve the reliability, and operation and maintenance of, existing infrastructure of the Corps of Engineers, and, as necessary, improve its resilience to cyber-related threats.

(Pub. L. 115–270, title I, §1113, Oct. 23, 2018, 132 Stat. 3775.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2018, and also as part of the America's Water Infrastructure Act of 2018, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 102 of Pub. L. 115–270, set out as a note under section 2201 of this title.
33 U.S.C. § 56 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 56: Fort Point Channel and South Bay, Boston, Massachusetts
Fort Point Channel and South Bay, Boston, Massachusetts
Status: in_force

The portion of the tidewaters in the waterway in which is located Fort Point Channel and South Bay in the city of Boston, Massachusetts, lying above the easterly side of the highway bridge over Fort Point Channel at Dorchester Avenue in the city of Boston is declared to be a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States.

The right to alter, amend, or repeal this section is expressly reserved.

(May 13, 1955, ch. 37, 69 Stat. 48.)
33 U.S.C. § 1232c (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 25: PORTS AND WATERWAYS SAFETY PROGRAM / Section 1232c: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section, Pub. L. 92–340, §16, as added Pub. L. 115–44, title III, §315(a), Aug. 2, 2017, 131 Stat. 948, was redesignated and transferred to section 70022 of Title 46, Shipping, by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8508, Jan. 1, 2021, 134 Stat. 4755, effective upon the enactment of section 401 of Pub. L. 115–282 and notwithstanding section 402(e) of Pub. L. 115–282, which repealed this chapter.
33 U.S.C. § 2608 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 39: SHORE PROTECTION FROM MUNICIPAL OR COMMERCIAL WASTE / Subchapter I: SHORE PROTECTION / Section 2608: Civil penalty procedures
Civil penalty procedures
Status: in_force

(a) General procedures

After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated this chapter or a regulation prescribed under this chapter for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.

(b) Compromising penalties

The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty under this chapter until the assessment is referred to the Attorney General.

(c) Referral to Attorney General

If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.

(d) Refund of penalty

The Secretary may refund or remit a civil penalty collected under this chapter if—

(1) application has been made for refund or remission of the penalty within one year from the date of payment; and

(2) the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed.

(Pub. L. 100–688, title IV, §4108, Nov. 18, 1988, 102 Stat. 4158.)
33 U.S.C. § 2339a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2339a: Cooperative agreements with Indian tribes
Cooperative agreements with Indian tribes
Status: in_force

The Secretary may enter into a cooperative agreement with an Indian tribe (or a designated representative of an Indian tribe) to carry out authorized activities of the Corps of Engineers to protect fish, wildlife, water quality, and cultural resources.

(Pub. L. 113–121, title I, §1031(b), June 10, 2014, 128 Stat. 1233.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 4106 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 54: COMMERCIAL ENGAGEMENT THROUGH OCEAN TECHNOLOGY / Section 4106: Funding and additional authorities
Funding and additional authorities
Status: in_force

(a) Funding

The Administrator shall carry out this chapter using existing amounts appropriated or otherwise made available to the Administration.

(b) Additional authorities

In carrying out this chapter, the Administrator may—

(1) enter into contracts, cooperative agreements, and other transactions with any domestic or foreign government;

(2) notwithstanding section 1342 of title 31, accept donations and voluntary and uncompensated services;

(3) accept funds from other Federal departments and agencies;

(4) utilize the National Oceanographic Partnership Program established under chapter 665 of title 10 to accept funds from other Federal departments and agencies, to accept donations, and to enter into contracts and award grants;

(5) under an agreement entered into under paragraph (1), transfer funds appropriated to carry our this chapter to any organization; and

(6) use, with their consent, with or without reimbursement, and subject to the availability of appropriations, the land, services, equipment, personnel, and facilities of—

(A) any department, agency, or instrumentality of the United States;

(B) any State or local government or tribal government; or

(C) any foreign government or international organization.

(Pub. L. 115–394, §7, Dec. 21, 2018, 132 Stat. 5286.)
33 U.S.C. § 750 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 16: LIGHTHOUSES / Section 750: Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 642
Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 642
Status: repealed

Section, act Aug. 1, 1914, ch. 223, §1, 38 Stat. 658, related to leaves of absence to employees of Lighthouse Service.
33 U.S.C. § 852 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter I: GENERAL PROVISIONS / Section 852: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Sections, which made provision for a Director of the Coast and Geodetic Survey and for a Deputy Director and covered their appointment, rank, pay, and allowances, have been omitted in view of 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title, which abolished such offices and transferred their functions to the Secretary of Commerce. For further details, see Transfer of Functions note set out under section 851 of this title.

Section 852, acts June 4, 1920, ch. 228, §1, 41 Stat. 825; June 5, 1920, ch. 235, §1, 41 Stat. 929; Feb. 16, 1929, ch. 221, §5, 45 Stat. 1187; Mar. 18, 1936, ch. 147, 49 Stat. 1164, provided for the appointment and reappointment of the Director of the Coast and Geodetic Survey.

Section 852a, acts Feb. 16, 1929, ch. 221, §5, 45 Stat. 1187; Mar. 18, 1936, ch. 147, 49 Stat. 1164; June 3, 1948, ch. 390, §21(a), formerly §20(a), 62 Stat. 300; renumbered §21(a), Sept. 14, 1961, Pub. L. 87–233, §1(f), 75 Stat. 506, provided for the rank, pay, and allowances of the Director.

Section 852b, acts Jan. 19, 1942, ch. 6, §8, 56 Stat. 8; June 3, 1948, ch. 390, §21(b), formerly §20(b), 62 Stat. 300; renumbered §21(b), Sept. 14, 1961, Pub. L. 87–233, §1(f), 75 Stat. 506; June 21, 1955, ch. 172, §3(b), 69 Stat. 169; June 30, 1960, Pub. L. 86–554, §1, 74 Stat. 258, provided for the appointment, active and retired rank, pay, and allowances, of the Deputy Director of the Coast and Geodetic Survey.
33 U.S.C. § 702n (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 15: FLOOD CONTROL / Section 702n: Levee rights-of-way; payment or reimbursement for
Levee rights-of-way; payment or reimbursement for
Status: in_force

The Secretary of the Army is authorized, out of any money available for carrying out the provisions of sections 702a, 702b to 702d, 702e to 702g, 702h, 702i, 702j, 702k, 702l, 702m, and 704 of this title, to purchase from, or to reimburse States or local levee districts for the cost of, any levee rights-of-way or easements for the building of levees in the Mississippi Valley for which the United States was or is under obligation to pay under the provisions of said sections regardless of whether said States or local levee districts have furnished such rights-of-way in the past and regardless of the conditions under which such levee rights-of-way were furnished, or may be furnished in the future: Provided, That after careful investigation the prices are found to be reasonable: And provided further, That payments or reimbursements for levee rights-of-way or easements conveying the privilege of building levees may be made as soon as they have been acquired in conformity with local custom or legal procedure in such matters and to the satisfaction of the Chief of Engineers.

(Apr. 23, 1934, ch. 159, 48 Stat. 607; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Statutory Notes and Related Subsidiaries

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.
33 U.S.C. § 2733 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 40: OIL POLLUTION / Subchapter II: PRINCE WILLIAM SOUND PROVISIONS / Section 2733: Bligh Reef light
Bligh Reef light
Status: in_force

The Secretary of Transportation shall within one year after August 18, 1990, install and ensure operation of an automated navigation light on or adjacent to Bligh Reef in Prince William Sound, Alaska, of sufficient power and height to provide long-range warning of the location of Bligh Reef.

(Pub. L. 101–380, title V, §5003, Aug. 18, 1990, 104 Stat. 553.)
33 U.S.C. § 3076 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 43: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS / Subchapter V: RIGHTS AND BENEFITS / Section 3076: Presentation of United States flag upon retirement
Presentation of United States flag upon retirement
Status: in_force

(a) Presentation of flag upon retirement

Upon the release of a commissioned officer from active commissioned service for retirement, the Secretary shall present a United States flag to the officer.

(b) Multiple presentations not authorized

An officer is not eligible for presentation of a flag under subsection (a) if the officer has previously been presented a flag under this section or any other provision of law providing for the presentation of a United States flag incident to release from active service for retirement.

(c) No cost to recipient

The presentation of a flag under this section shall be at no cost to the recipient.

(Pub. L. 107–372, title II, §266, Dec. 19, 2002, 116 Stat. 3093.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 853v of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 673 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 14: CALIFORNIA DEBRIS COMMISSION / Section 673: Order by commission directing method of mining, etc.; expenses of complying with order; exemption from mining taxes
Order by commission directing method of mining, etc.; expenses of complying with order; exemption from mining taxes
Status: in_force

In case a majority of the members of said commission, within thirty days after the time so fixed, concur in the decision in favor of the petitioner or petitioners, the said commission shall thereupon make an order directing the methods and specifying in detail the manner in which operations shall proceed in such mine or mines; what restraining or impounding works, if any, if facilities therefor can be found, shall be built and maintained; how and of what material; where to be located; and in general set forth such further requirements and safeguards as will protect the public interests and prevent injury to the said navigable rivers and the lands adjacent thereto, with such further conditions and limitations as will observe all the provisions of this chapter in relation to the working thereof and the payment of taxes on the gross proceeds of the same: Provided, That all expense incurred in complying with said order shall be borne by the owner or owners of such mine or mines: And provided further, That where it shall appear to said commission that hydraulic mining may be carried on without injury to the navigation of said navigable rivers and the lands adjacent thereto, an order may be made authorizing such mining to be carried on without requiring the construction of any restraining or impounding works or any settling reservoirs: And provided also, That where such an order is made a license to mine, no taxes provided for in this chapter on the gross proceeds of such mining operations shall be collected.

(Mar. 1, 1893, ch. 183, §13, 27 Stat. 508; Feb. 27, 1907, ch. 2077, 34 Stat. 1001.)

Editorial Notes

Amendments

1907—Act Feb. 27, 1907, inserted "if any" after "restraining or impounding works" and inserted last two provisos.

Statutory Notes and Related Subsidiaries

Transfer of Functions

California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, §1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
33 U.S.C. § 579f (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 579f: Budgetary evaluation metrics and transparency; public participation
Budgetary evaluation metrics and transparency; public participation
Status: in_force

(a) Omitted

(b) Budgetary evaluation metrics and transparency

Beginning in fiscal year 2020, in the formulation of the annual budget request for the U.S. Army Corps of Engineers (Civil Works) pursuant to section 1105(a) of title 31, the President shall ensure that such budget request—

(1) aligns the assessment of the potential benefit-cost ratio for budgeting water resources development projects with that used by the Corps of Engineers during project plan formulation and evaluation pursuant to section 1962d–17 of title 42; and

(2) demonstrates the transparent criteria and metrics utilized by the President in the evaluation and selection of water resources development projects included in such budget request.

(c) Public participation

In the development of, or any proposed major substantive modification to, a proposed budget for water resources development projects, the Secretary, through each District shall, not less frequently than annually—

(1) provide to non-Federal interests and other interested stakeholders information on the proposed budget for projects or substantive modifications to project budgets within each District's jurisdiction;

(2) hold multiple public meetings to discuss the budget for projects within each District's jurisdiction; and

(3) provide to non-Federal interests the opportunity to collaborate with District personnel for projects within each District's jurisdiction—

(A) to support information sharing; and

(B) to the maximum extent practicable, to share in concept development and decisionmaking to achieve complementary or integrated solutions to problems.

(Pub. L. 115–270, title I, §1154, Oct. 23, 2018, 132 Stat. 3791.)

Editorial Notes

Codification

Section is comprised of section 1154 of Pub. L. 115–270. Subsec. (a) of section 1154 of Pub. L. 115–270 amended section 579a of this title.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 102 of Pub. L. 115–270, set out as a note under section 2201 of this title.
33 U.S.C. § 53 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 53: Benton Harbor Canal, Michigan
Benton Harbor Canal, Michigan
Status: in_force

The Benton Harbor Canal at and above the west line of Ninth Street, in the city of Benton Harbor and State of Michigan, is declared to be not a navigable water of the United States within the meaning of the Constitution and laws of the United States.

The right to alter, amend, or repeal this section is expressly reserved.

(June 2, 1937, ch. 288, §§1, 3, 50 Stat. 243.)

Editorial Notes

References in Text

This section, referred to in text, was in the original "this Act", meaning act June 2, 1937, ch. 288, 50 Stat. 243, sections 1 and 3 of which are classified to this section. Section 2 of the Act, which relates to abandonment of a portion of the Benton Harbor Canal project, is not classified to the Code.
33 U.S.C. § 387 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 7: REGULATIONS FOR THE SUPPRESSION OF PIRACY / Section 387: Duties of officers of customs and marshals as to seizure
Duties of officers of customs and marshals as to seizure
Status: in_force

The collectors of the several ports of entry, the surveyors of the several ports of delivery, and the marshals of the several judicial districts within the United States, shall seize any vessel or boat built, purchased, fitted out, or held as mentioned in section 385 of this title, which may be found within their respective ports or districts, and to cause the same to be proceeded against and disposed of as provided by that section.

(R.S. §4299.)

Editorial Notes

References in Text

Surveyors of the several ports of delivery, referred to in text, are probably obsolete offices in view of act July 5, 1932, ch. 430, title I, §1, 47 Stat. 584, which abolished the offices of surveyors of customs, except at the Port of New York. Ports of delivery, except those which were made ports of entry, were abolished and the use of the term "port of delivery" was discontinued under the President's plan of reorganization of the customs service communicated to Congress by message dated Mar. 3, 1913.

Codification

R.S. §4299 derived from act Aug. 5, 1861, ch. 48, §3, 12 Stat. 315.

Executive Documents

Transfer of Functions

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.
33 U.S.C. § 549b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 549b: Inclusion of project or facility in Corps of Engineers workplan
Inclusion of project or facility in Corps of Engineers workplan
Status: in_force

(a) In general

The Secretary shall, to the maximum extent practicable, include in the future workplan of the Corps any authorized project or facility of the Corps of Engineers—

(1) that the Secretary has studied for disposition under an existing authority, including by carrying out a disposition study under section 549a of this title; and

(2) for which a final report by the Director of Civil Works has been completed.

(b) Notification to committees

Upon completion of a final report referred to in subsection (a), the Secretary shall transmit a copy of the report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.

(Pub. L. 115–270, title I, §1117, Oct. 23, 2018, 132 Stat. 3776.)

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 102 of Pub. L. 115–270, set out as a note under section 2201 of this title.
33 U.S.C. § 701i (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 15: FLOOD CONTROL / Section 701i: Elimination from protection of areas subject to evacuation
Elimination from protection of areas subject to evacuation
Status: in_force

In any case where the construction cost of levees or flood walls included in any authorized project can be substantially reduced by the evacuation of a portion or all of the area proposed to be protected and by the elimination of that portion or all of the area from the protection to be afforded by the project, the Chief of Engineers may modify the plan of said project so as to eliminate said portion or all of the area: Provided, That a sum not substantially exceeding the amount thus saved in construction cost may be expended by the Chief of Engineers, or in his discretion may be transferred to any other appropriate Federal agency for expenditure, toward the evacuation of the locality eliminated from protection and the rehabilitation of the persons so evacuated: And provided further, That the Chief of Engineers may, if he so desires, enter into agreement with States, local agencies, or the individuals concerned for the accomplishment by them, of such evacuation and rehabilitation and for their reimbursement from said sum for expenditures actually incurred by them for this purpose.

(June 28, 1938, ch. 795, §3, 52 Stat. 1216.)
33 U.S.C. § 2504 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 38: DUMPING OF MEDICAL WASTE BY PUBLIC VESSELS / Section 2504: Guidance
Guidance
Status: in_force

Not later than 3 months after November 18, 1988, the Secretary of Defense and the head of each affected agency, in consultation with the Administrator of the Environmental Protection Agency, shall each issue guidance for public vessels under the jurisdiction of their agency regarding implementation of section 2503 of this title.

(Pub. L. 100–688, title III, §3105, Nov. 18, 1988, 102 Stat. 4153.)
33 U.S.C. § 3906 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 52: WATER INFRASTRUCTURE FINANCE AND INNOVATION / Section 3906: Activities eligible for assistance
Activities eligible for assistance
Status: in_force

For purposes of this chapter, an eligible activity with respect to an eligible project includes the cost of—

(1) development-phase activities, including planning, feasibility analysis (including any related analysis necessary to carry out an eligible project), revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities;

(2) construction, reconstruction, rehabilitation, and replacement activities;

(3) the acquisition of real property or an interest in real property (including water rights, land relating to the project, and improvements to land), environmental mitigation (including acquisitions pursuant to section 3905(8) of this title), construction contingencies, and acquisition of equipment; and

(4) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction.

(Pub. L. 113–121, title V, §5027, June 10, 2014, 128 Stat. 1335; Pub. L. 114–322, title IV, §5008(b)(2)(C), Dec. 16, 2016, 130 Stat. 1897.)

Editorial Notes

Amendments

2016—Par. (3). Pub. L. 114–322 substituted "section 3905(8)" for "section 3905(7)".
33 U.S.C. § 3821 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 51: CLEAN HULLS / Subchapter II: IMPLEMENTATION OF THE CONVENTION / Section 3821: Certificates
Certificates
Status: in_force

(a) Certificate required

On entry into force of the Convention for the United States, any vessel of at least 400 gross tons that engages in one or more international voyages (except fixed or floating platforms, FSUs, and FPSOs) shall carry an International Antifouling System Certificate.

(b) Issuance of Certificate

On entry into force of the Convention, on a finding that a successful survey required by the Convention has been completed, a vessel of at least 400 gross tons that engages in at least one international voyage (except fixed or floating platforms, FSUs, and FPSOs) shall be issued an International Antifouling System Certificate. The Secretary may issue the Certificate required by this section. The Secretary may delegate this authority to an organization that the Secretary determines is qualified to undertake that responsibility.

(c) Maintenance of Certificate

The Certificate required by this section shall be maintained as required by the Secretary.

(d) Certificates issued by other party countries

A Certificate issued by any country that is a party to the Convention has the same validity as a Certificate issued by the Secretary under this section.

(e) Vessels of nonparty countries

Notwithstanding subsection (a), a vessel of at least 400 gross tons, having the nationality of or entitled to fly the flag of a country that is not a party to the Convention, may demonstrate compliance with this chapter through other appropriate documentation considered acceptable by the Secretary.

(Pub. L. 111–281, title X, §1021, Oct. 15, 2010, 124 Stat. 3025.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (e), was in the original "this title", meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 990 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 19: SAINT LAWRENCE SEAWAY / Section 990: Offenses and penalties
Offenses and penalties
Status: in_force

(a) Application of penal statutes

All general penal statutes relating to the larceny, embezzlement, or conversion, of public moneys or property of the United States shall apply to the moneys and property of the Corporation.

(b) Frauds and false entries, reports, or statements

Any person who, with intent to defraud the Corporation, or to deceive any director, officer, or employee of the Corporation or any officer or employee of the United States, (1) makes any false entry in any book of the Corporation, or (2) makes any false report or statement for the Corporation, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than five years, or both.

(c) Receipt of compensation, or conspiracy, with intent to defraud, etc.

Any person who shall receive any compensation, rebate, or reward, or shall enter into any conspiracy, collusion, or agreement, express or implied, with intent to defraud the Corporation or wrongfully and unlawfully to defeat its purposes, shall, on conviction thereof, be fined not more than $5,000 or imprisoned not more than five years, or both.

(May 13, 1954, ch. 201, §9, 68 Stat. 96.)
33 U.S.C. § 865 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter I: GENERAL PROVISIONS / Section 865: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, acts May 28, 1924, ch. 203, 43 Stat. 194; Feb. 11, 1925, ch. 209, 43 Stat. 872; May 21, 1926, ch. 355, 44 Stat. 604, related to computation of length of service of officers and expired with the appropriation acts of which it was a part.
33 U.S.C. § 4251 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 55: SAVE OUR SEAS 2.0 / Subchapter I: COMBATING MARINE DEBRIS / Section 4251: Incentive for fishermen to collect and dispose of plastic found at sea
Incentive for fishermen to collect and dispose of plastic found at sea
Status: in_force

(a) In general

The Under Secretary shall establish a pilot program to assess the feasibility and advisability of providing incentives, such as grants, to fishermen based in the United States who incidentally capture marine debris while at sea—

(1) to track or keep the debris on board; and

(2) to dispose of the debris properly on land.

(b) Support for collection and removal of derelict gear

The Under Secretary shall encourage United States efforts, such as the Fishing for Energy net disposal program, that support—

(1) collection and removal of derelict fishing gear and other fishing waste;

(2) disposal or recycling of such gear and waste; and

(3) prevention of the loss of such gear.

(Pub. L. 116–224, title I, §137, Dec. 18, 2020, 134 Stat. 1086.)
33 U.S.C. § 1327 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter III: STANDARDS AND ENFORCEMENT / Section 1327: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act June 30, 1948, ch. 758, title III, §317, as added Oct. 18, 1972, Pub. L. 92–500, §2, 86 Stat. 877, authorized Administrator to investigate and study feasibility of alternate methods of financing cost of preventing, controlling, and abating pollution as directed by Water Quality Improvement Act of 1970 and to report to Congress, not later than two years after Oct. 18, 1972, the results of investigation and study accompanied by recommendations for financing these programs for fiscal years beginning after 1976.
33 U.S.C. § 747b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 16: LIGHTHOUSES / Section 747b: LXXXV
LXXXV
Status: in_force

Section, act Feb. 25, 1929, ch. 313, §1, 45 Stat. 1261; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938, related to traveling expenses incurred by lighthouse keepers at isolated stations in obtaining medical attention.
33 U.S.C. § 569d (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 569d: Safety award and promotional materials
Safety award and promotional materials
Status: in_force

(a) Promotion of safety program

(1) Procurement of promotional materials

The Secretary is authorized to procure materials that, in the judgment of the Secretary, are necessary to promote the Corps of Engineers safety program.

(2) Distribution of materials to employees

The items purchased pursuant to this subsection shall be distributed to employees of the Corps of Engineers to advance the goals of the safety program.

(b) Employee recognition

The Secretary is authorized to incur necessary expenses for the honorary recognition of the outstanding safety performance of employees of the Corps of Engineers. Such recognition may be in the form of certificates, plaques, cash, or other forms of awards.

(c) Authorization of appropriations

There is authorized to be appropriated $350,000 for each fiscal year beginning after September 30, 1992, for carrying out the purposes of this section.

(Pub. L. 102–580, title II, §210, Oct. 31, 1992, 106 Stat. 4830.)

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 3 of Pub. L. 102–580, set out as a note under section 2201 of this title.
33 U.S.C. § 540a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 540a: Availability of appropriations for attendance by military personnel at meetings and for printing survey reports
Availability of appropriations for attendance by military personnel at meetings and for printing survey reports
Status: in_force

Appropriations in this title 1 or appropriations made in this title 1 in subsequent Energy and Water Development Appropriations Acts shall on and after October 2, 1992, be available for expenses of attendance by military personnel at meetings in the manner authorized by section 4110 of title 5, uniforms, and allowances therefor, as authorized by law (5 U.S.C. 5901–5902), and for printing, either during a recess or session of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress.

(Pub. L. 102–377, title I, Oct. 2, 1992, 106 Stat. 1325.)

Editorial Notes

References in Text

This title, referred to in text, is title I of Pub. L. 102–377, Oct. 2, 1992, 106 Stat. 1315. For complete classification of title I to the Code, see Tables.

1 See References in Text note below.
33 U.S.C. § 3401 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 47: OCEAN EXPLORATION / Subchapter I: EXPLORATION / Section 3401: Purpose
Purpose
Status: in_force

The purpose of this subchapter is to establish the national ocean exploration program within the National Oceanic and Atmospheric Administration.

(Pub. L. 111–11, title XII, §12001, Mar. 30, 2009, 123 Stat. 1417; Pub. L. 117–263, div. J, title CIII, §10305(a), Dec. 23, 2022, 136 Stat. 3971.)

Editorial Notes

Amendments

2022—Pub. L. 117–263 struck out "and the national undersea research program" after "national ocean exploration program".

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 111–11, title XII, §12101, Mar. 30, 2009, 123 Stat. 1419, which provided that part II of subtitle A of title XII of Pub. L. 111–11, which enacted subchapter II of this chapter, could be cited as the "NOAA Undersea Research Program Act of 2009", was repealed by Pub. L. 117–263, div. J, title CIII, §10306(a), Dec. 23, 2022, 136 Stat. 3974.
33 U.S.C. § 453 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 9: PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY / Subchapter III: NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF BALTIMORE / Section 453: Regulations for navigation of Ambrose Channel; exclusion of tows and sailing vessels
Regulations for navigation of Ambrose Channel; exclusion of tows and sailing vessels
Status: in_force

The Secretary of the Army is authorized to make such rules and regulations for the navigation of Ambrose Channel as he may deem necessary or expedient to insure its safe use in all kinds of weather, night and day, for all vessels under control and running under their own power, and to this end he may, in his discretion, forbid its use to tows of every description and to sailing vessels.

(Mar. 4, 1913, ch. 144, §1, 37 Stat. 803; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

Codification

Section was not enacted as part of act June 29, 1888, ch. 496, 25 Stat. 209, which comprises this subchapter.

Statutory Notes and Related Subsidiaries

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.
33 U.S.C. § 146 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 2: INTERNATIONAL RULES FOR NAVIGATION AT SEA / Section 146: Repealed. Pub. L. 88-131, §3, Sept. 24, 1963, 77 Stat. 194
Repealed. Pub. L. 88-131, §3, Sept. 24, 1963, 77 Stat. 194
Status: repealed

Section 146, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 417, provided methods of obeying and construing sections 146 to 146k, suggestion for ascertainment of risk of collision, and advice concerning the operation of seaplanes.

Section 146a, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 417, related to sailing vessels approaching one another.

Section 146b, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 417, related to power-driven vessels meeting end on.

Section 146c, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to power-driven vessels crossing.

Section 146d, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to vessels or seaplanes meeting.

Section 146e, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to the course of vessels having the right of way, and the duty in aiding to avert collision.

Section 146f, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to crossing ahead of vessel having right of way.

Section 146g, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to duty of power-driven vessel to slacken speed.

Section 146h, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, provided that overtaking vessel keep out of the way of the overtaken vessel, defined "overtaken vessel".

Section 146i, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 419, related to power-driven vessels in narrow channels and in nearing bends in a channel.

Section 146j, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 419, related to right of way of fishing vessels, and obstruction of fairways.

Section 146k, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 419, related to special circumstances requiring departure from rules.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, and section 3 of Pub. L. 88–131, both set out as notes under section 1051 of this title.
33 U.S.C. § 1124a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 22: SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT / Subchapter II: NATIONAL SEA GRANT COLLEGE PROGRAM / Section 1124a: Repealed. Pub. L. 105-160, §6, Mar. 6, 1998, 112 Stat. 24
Repealed. Pub. L. 105-160, §6, Mar. 6, 1998, 112 Stat. 24
Status: repealed

Section, Pub. L. 94–461, §3, Oct. 8, 1976, 90 Stat. 1969; Pub. L. 95–58, §2, June 29, 1977, 91 Stat. 254; Pub. L. 95–428, §4(2), (3), Oct. 7, 1978, 92 Stat. 1000; Pub. L. 96–289, §§2, 3, June 28, 1980, 94 Stat. 605; Pub. L. 98–623, title V, §501(b), Nov. 8, 1984, 98 Stat. 3410; Pub. L. 100–220, title III, §3111, Dec. 29, 1987, 101 Stat. 1474; Pub. L. 102–251, title III, §307(b), Mar. 9, 1992, 106 Stat. 66, related to sea grant international program.
33 U.S.C. § 546 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 546: Investigation of stream flow and watersheds; surveys in connection with dams
Investigation of stream flow and watersheds; surveys in connection with dams
Status: in_force

The surveys of navigable streams shall include such stream-flow measurements and other investigations of the watersheds as may be necessary for preparation of plans of improvement and a proper consideration of all uses of the stream affecting navigation, and whenever necessary similar investigations may be made in connection with all navigable streams under improvement. Whenever permission for the construction of dams in navigable streams is granted, or is under consideration by Congress, such surveys and investigations of the sections of the streams affected may be made as are necessary to secure conformity with rational plans for the improvement of the streams for navigation.

(June 25, 1910, ch. 382, §3, 36 Stat. 669.)

Editorial Notes

Codification

Section is from section 3 of act June 25, 1910, popularly known as the "Rivers and Harbors Appropriation Act of 1910". Other provisions of such section were omitted, as superseded by section 545 of this title.

Prior Provisions

General provisions regulating the construction of dams were made by the Dam Act of June 21, 1906, ch. 3508, 34 Stat. 386, as amended by act June 23, 1910, ch. 360, 36 Stat. 593, apparently omitted from the Code as superseded.
33 U.S.C. § 544 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 544: Repealed. Aug. 19, 1968, Pub. L. 88-448, §402(a)(9), 78 Stat. 493
Repealed. Aug. 19, 1968, Pub. L. 88-448, §402(a)(9), 78 Stat. 493
Status: repealed

Section, act June 3, 1896, ch. 314, §7, 29 Stat. 235, related to employment of retired officers of the Army or Navy on river and harbour improvements.
33 U.S.C. § 535e (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 11: BRIDGES OVER NAVIGABLE WATERS / Subchapter IV: INTERNATIONAL BRIDGES / Section 535e: Ownership
Ownership
Status: in_force

(a) Sale, assignment, or transfer; approval of Secretary

Nothing in this subchapter shall be deemed to prevent the individual, corporation, or other entity to which, pursuant to this subchapter, authorization has been given to construct, operate, and maintain an international bridge and the approaches thereto, from selling, assigning, or transferring the rights, powers, and privileges conferred by this subchapter: Provided, That such sale, assignment, or transfer shall be subject to approval by the Secretary of the department in which the Coast Guard is operating.

(b) State status of original applicant upon acquisition of right, title, and interest after termination of private entity licenses, contracts, or orders

Upon the acquisition by a State or States, or by a subdivision or instrumentality thereof, of the right, title, and interest of a private individual, corporation, or other private entity, in and to an international bridge, any license, contract, or order issued or entered into by the Secretary of the department in which the Coast Guard is operating, to or with such private individual, corporation, or other private entity, shall be deemed terminated forthwith. Thereafter, the State, subdivision, or instrumentality so acquiring shall operate and maintain such bridge in the same manner as if it had been the original applicant, and the provisions of section 535d 1 of this title shall not apply.

(Pub. L. 92–434, §8, Sept. 26, 1972, 86 Stat. 732; Pub. L. 114–120, title III, §306(b)(6)(B), Feb. 8, 2016, 130 Stat. 56.)

Editorial Notes

References in Text

Section 535d of this title, referred to in subsec. (b), was repealed by Pub. L. 100–17, title I, §135(g), Apr. 2, 1987, 101 Stat. 174.

Amendments

2016—Subsecs. (a), (b). Pub. L. 114–120 substituted "Secretary of the department in which the Coast Guard is operating" for "Secretary of Transportation".

1 See References in Text note below.
33 U.S.C. § 4001a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 53: HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL / Section 4001a: Consultation required
Consultation required
Status: in_force

In developing the assessments, reports, and plans under the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, the Task Force shall consult with the coastal States, Indian tribes, local governments, appropriate industries (including fisheries, agriculture, and fertilizer), academic institutions, and nongovernmental organizations with expertise in coastal zone science and management.

(Pub. L. 108–456, title I, §102 (part), Dec. 10, 2004, 118 Stat. 3630; Pub. L. 115–423, §9(f), Jan. 7, 2019, 132 Stat. 5463.)

Editorial Notes

References in Text

The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, referred to in text, is title VI of Pub. L. 105–383, Nov. 13, 1998, 112 Stat. 3447, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note under section 4001 of this title and Tables.

Codification

Section is comprised of part of section 102 of Pub. L. 108–456. Remainder of section 102 amended section 4001 of this title.

Section was enacted as part of the Harmful Algal Bloom and Hypoxia Amendments Act of 2004, and not as part of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 which comprises this chapter.

Section was formerly set out as a note under section 1451 of Title 16, Conservation.

Amendments

2019—Pub. L. 115–423 substituted "the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998" for "the amendments made by this title".
33 U.S.C. § 1801 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 32: INLAND WATERWAYS TRUST FUND / Section 1801: Repealed. Pub. L. 99-662, title XIV, §1405(b), Nov. 17, 1986, 100 Stat. 4271
Repealed. Pub. L. 99-662, title XIV, §1405(b), Nov. 17, 1986, 100 Stat. 4271
Status: repealed

Section 1801, Pub. L. 95–502, title II, §203, Oct. 21, 1978, 92 Stat. 1697, established Inland Waterways Trust Fund. See section 9506 of Title 26, Internal Revenue Code.

Section 1802, Pub. L. 95–502, title II, §204, Oct. 21, 1978, 92 Stat. 1698, made Inland Waterways Trust Fund available for expenditures for navigation construction and rehabilitation projects on inland waterways. See section 9506 of Title 26.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1987, see section 1405(d)(1) of Pub. L. 99–662, set out as an Effective Date note under section 9506 of Title 26, Internal Revenue Code.
33 U.S.C. § 2203 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Section 2203: Review of contracting policies
Review of contracting policies
Status: in_force

(a) Review of contractual agreements

(1) In general

Not later than 180 days after December 27, 2020, the Secretary shall complete a review of the policies, guidelines, and regulations of the Corps of Engineers for the development of contractual agreements between the Secretary and non-Federal interests and utilities associated with the construction of water resources development projects.

(2) Report

Not later than 90 days after completing the review under subsection (a)(1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, a report that includes—

(A) a summary of the results of the review; and

(B) public guidance on best practices for a non-Federal interest to use when writing or developing contractual agreements with the Secretary and utilities.

(3) Provision of guidance

The Secretary shall provide the best practices guidance included under paragraph (2)(A) to non-Federal interests prior to the development of contractual agreements with such non-Federal interests.

(b) Sense of Congress

It is the sense of Congress that the Secretary should maximize use of nonprice tradeoff procedures in competitive acquisitions for carrying out emergency work in an area with respect to which the President has declared a major disaster under section 5170 of title 42.

(Pub. L. 116–260, div. AA, title I, §136, Dec. 27, 2020, 134 Stat. 2649.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
33 U.S.C. § 513 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 11: BRIDGES OVER NAVIGABLE WATERS / Subchapter II: ALTERATION OF BRIDGES / Section 513: Notice, hearings, and findings
Notice, hearings, and findings
Status: in_force

Whenever any bridge shall, in the opinion of the Secretary, at any time unreasonably obstruct such navigation, it shall be the duty of the Secretary, after notice to interested parties, to hold a hearing at which the bridge owner, those interested in water navigation thereunder or therethrough, those interested in either railroad or highway traffic thereover, and any other party or parties in interest shall have full opportunity to offer evidence and be heard as to whether any alteration of such bridge is needed, and if so what alterations are needed, having due regard to the necessity of free and unobstructed water navigation and to the necessities of the rail or highway traffic. If, upon such hearing, the Secretary determines that any alterations of such bridge are necessary in order to render navigation through or under it reasonably free, easy, and unobstructed, having due regard also for the necessities of rail or highway traffic thereover, he shall so find and shall issue and cause to be served upon interested parties an order requiring such alterations of such bridge as he finds to be reasonably necessary for the purposes of navigation.

(June 21, 1940, ch. 409, §3, 54 Stat. 498.)
33 U.S.C. § 496 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 11: BRIDGES OVER NAVIGABLE WATERS / Subchapter I: GENERAL PROVISIONS / Section 496: Time for commencement and completion of bridge
Time for commencement and completion of bridge
Status: in_force

Whenever Congress shall after March 23, 1906, by law authorize the construction of any bridge over or across any of the navigable waters of the United States, and no time for the commencement and completion of such bridge is named in said Act, the authority thereby granted shall cease and be null and void unless the actual construction of the bridge authorized in such Act be commenced within one year and completed within three years from the date of the passage of such Act.

(Mar. 23, 1906, ch. 1130, §6, 34 Stat. 86.)
33 U.S.C. § 986 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 19: SAINT LAWRENCE SEAWAY / Section 986: Payments to States and local governments in lieu of taxes; tax exemption of Corporation
Payments to States and local governments in lieu of taxes; tax exemption of Corporation
Status: in_force

The Corporation is authorized to make payments to State and local governments in lieu of property taxes upon property which was subject to State and local taxation before acquisition by the Corporation. Such payments may be in the amounts, at the times, and upon the terms the Corporation deems appropriate, but the Corporation shall be guided by the policy of making payments not in excess of the taxes which would have been payable for such property in the condition in which it was acquired, except in cases where special burdens are placed upon the State or local government by the activities of the Corporation or its agents. The Corporation, its property, franchises, and income are expressly exempted from taxation in any manner or form by any State, county, municipality, or any subdivision thereof, but such exemption shall not extend to contractors for the Corporation.

(May 13, 1954, ch. 201, §7, 68 Stat. 95.)
33 U.S.C. § 1205 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 24: VESSEL BRIDGE-TO-BRIDGE COMMUNICATION / Section 1205: Radiotelephone capability; maintenance; restoration; consequences of loss: navigation of vessel
Radiotelephone capability; maintenance; restoration; consequences of loss: navigation of vessel
Status: in_force

Whenever radiotelephone capability is required by this chapter, a vessel's radiotelephone equipment shall be maintained in effective operating condition. If the radiotelephone equipment carried aboard a vessel ceases to operate, the master shall exercise due diligence to restore it or cause it to be restored to effective operating condition at the earliest practicable time. The failure of a vessel's radiotelephone equipment shall not, in itself, constitute a violation of this chapter, nor shall it obligate the master of any vessel to moor or anchor his vessel; however, the loss of radiotelephone capability shall be given consideration in the navigation of the vessel.

(Pub. L. 92–63, §6, Aug. 4, 1971, 85 Stat. 165.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title.
33 U.S.C. § 1295 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter II: GRANTS FOR CONSTRUCTION OF TREATMENT WORKS / Section 1295: Requirements for American materials
Requirements for American materials
Status: in_force

Notwithstanding any other provision of law, no grant for which application is made after February 1, 1978, shall be made under this subchapter for any treatment works unless only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States, substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States will be used in such treatment works. This section shall not apply in any case where the Administrator determines, based upon those factors the Administrator deems relevant, including the available resources of the agency, it to be inconsistent with the public interest (including multilateral government procurement agreements) or the cost to be unreasonable, or if articles, materials, or supplies of the class or kind to be used or the articles, materials, or supplies from which they are manufactured are not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

(June 30, 1948, ch. 758, title II, §215, as added Pub. L. 95–217, §39, Dec. 27, 1977, 91 Stat. 1581.)
33 U.S.C. § 191 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 3: NAVIGATION RULES FOR HARBORS, RIVERS, AND INLAND WATERS GENERALLY / Subchapter III: SOUND SIGNALS FOR FOG, ETC.; SPEED / Section 191: Repealed. Pub. L. 96-591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Repealed. Pub. L. 96-591, §8(a), Dec. 24, 1980, 94 Stat. 3435
Status: repealed

Section 191, acts June 7, 1897, ch. 4, §1, 30 Stat. 99; Aug. 5, 1963, Pub. L. 88–84, §2, 77 Stat. 116, made general provision for sound signals for fog, etc.

Section 192, act June 7, 1897, ch. 4, §1, 30 Stat. 99, related to speed of vessels in fog, etc.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96–591, set out as an Effective Date of 1980 Amendment note under section 1604 of this title.
33 U.S.C. § 676 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 14: CALIFORNIA DEBRIS COMMISSION / Section 676: Allotment of expenses for common dumping grounds; location of impounding works
Allotment of expenses for common dumping grounds; location of impounding works
Status: in_force

In case the joint petition referred to in section 671 of this title is granted, the commission shall fix the respective amounts to be paid by each owner of such mines toward providing and building necessary impounding dams or other restraining works. In the event of a petition being filed after the entry of such order, or in case the impounding dam or dams or other restraining works have already been constructed and accepted by said commission, the commission shall fix such amount as may be reasonable for the privilege of dumping therein, which amount shall be divided between the original owners of such impounding dams or other restraining works in proportion to the amount respectively paid by each party owning same. The expense of maintaining and protecting such joint dam or works shall be divided among mine owners using the same in such proportion as the commission shall determine. In all cases where it is practicable, restraining and impounding works are to be provided, constructed, and maintained by mine owners near or below the mine or mines before reaching the main tributaries of said navigable waters.

(Mar. 1, 1893, ch. 183, §16, 27 Stat. 509.)

Statutory Notes and Related Subsidiaries

Transfer of Functions

California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, §1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
33 U.S.C. § 1314a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter III: STANDARDS AND ENFORCEMENT / Section 1314a: Wastewater technology clearinghouse
Wastewater technology clearinghouse
Status: in_force

(a) In general

(1) In general

The Administrator of the Environmental Protection Agency shall—

(A) for each of the programs described in paragraph (2), update the information for those programs to include information on cost-effective and alternative wastewater recycling and treatment technologies, including onsite and decentralized systems; and

(B) disseminate to units of local government and nonprofit organizations seeking Federal funds for wastewater technology information on the cost effectiveness of alternative wastewater treatment and recycling technologies, including onsite and decentralized systems.

(2) Programs described

The programs referred to in paragraph (1)(A) are programs that provide technical assistance for wastewater management, including—

(A) programs for nonpoint source management under section 1329 of this title; and

(B) the permit program for the disposal of sewer sludge under section 1345 of this title.

(b) Report to Congress

Not later than 1 year after October 23, 2018, and not less frequently than every 3 years thereafter, the Administrator of the Environmental Protection Agency shall submit to Congress a report that describes—

(1) the type and amount of information provided under subsection (a) to units of local government and nonprofit organizations regarding alternative wastewater treatment and recycling technologies;

(2) the States and regions that have made greatest use of alternative wastewater treatment and recycling technologies; and

(3) the actions taken by the Administrator to assist States in the deployment of alternative wastewater treatment and recycling technologies, including onsite and decentralized systems.

(Pub. L. 115–270, title IV, §4102, Oct. 23, 2018, 132 Stat. 3871.)

Editorial Notes

Codification

Section was enacted as part of the America's Water Infrastructure Act of 2018, and not as part of the Federal Water Pollution Control Act which comprises this chapter.
33 U.S.C. § 563 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 563: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Sept. 22, 1922, ch. 427, §6, 42 Stat. 1042, made unexpended funds, appropriated prior to Sept. 22, 1922, for river and harbor improvements, available for preservation and maintenance of existing river and harbor works and prosecution of desirable new projects.
33 U.S.C. § 43 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 43: Saint Marys River, Ohio and Indiana
Saint Marys River, Ohio and Indiana
Status: in_force

Saint Marys River, Ohio and Indiana, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States.

(Aug. 8, 1917, ch. 49, §17, 40 Stat. 268.)
33 U.S.C. § 3804 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 51: CLEAN HULLS / Subchapter I: GENERAL PROVISIONS / Section 3804: Compliance with international law
Compliance with international law
Status: in_force

Any action taken under this chapter shall be taken in accordance with treaties to which the United States is a party and other international obligations of the United States.

(Pub. L. 111–281, title X, §1014, Oct. 15, 2010, 124 Stat. 3025.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this title", meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.