33 U.S.C. § 2220 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter I: COST SHARING / Section 2220: Rivers and harbors and other waterways projects for benefit of navigation, flood control, hurricane protection, beach erosion control, and other purposes
Rivers and harbors and other waterways projects for benefit of navigation, flood control, hurricane protection, beach erosion control, and other purposes
Status: in_force

(a) Congressional declaration of policy; purchase of indebtedness and loans to local interests to meet contribution requirements

In the prosecution of projects for rivers and harbors and other waterways for the benefit of navigation, the control of destructive flood waters, hurricane protection, beach erosion control, and for other purposes, authorized to be prosecuted under the direction of the Secretary of the Army under the supervision of the Chief of Engineers in accordance with plans adopted and authorized by the Congress, it is hereby declared to be the policy of the Congress, that whenever such projects are located wholly or partially within an area which is eligible for financial assistance under the Public Works and Economic Development Act of 1965 [42 U.S.C. 3121 et seq.], the Secretary of Commerce is authorized to purchase evidences of indebtedness and to make loans for a period not exceeding fifty years to enable responsible local interests to meet the requirements of local cooperation pertaining to contributions toward the cost of construction of such projects within such areas.

(b) Authorization of appropriations

There is hereby authorized to be appropriated to carry out this section, not to exceed $10,000,000 per fiscal year for the fiscal year ending June 30, 1966, and for each fiscal year thereafter through and including the fiscal year ending June 30, 1970.

(Pub. L. 89–298, title II, §217, Oct. 27, 1965, 79 Stat. 1088.)

Editorial Notes

References in Text

The Public Works and Economic Development Act of 1965, referred to in subsec. (a), is Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552, which is classified generally to chapter 38 (§3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables.

Codification

Section was formerly classified to section 3142a of Title 42, The Public Health and Welfare.

Section was not enacted as part of the Water Resources Development Act of 1986 which comprises this chapter.
33 U.S.C. § 59v (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 59v: Middle River, Maryland
Middle River, Maryland
Status: in_force

(a) Description

That portion of the waterway in which is located Dark Head Creek in the community of Middle River, Baltimore County, Maryland, lying northwest of a line extending south 68 degrees 37 minutes 56 seconds west from a point (227.50 feet from the northeast corner of the existing bulkhead and pier line) whose coordinates in the Maryland State Coordinate System are north 544967.24 and east 962701.05 (latitude north 39 degrees 19 minutes 42 seconds and longitude west 76 degrees 25 minutes 29.5 seconds) and thence south 44 degrees 48 minutes 20 seconds west, 350.12 feet to a point (at the southwest corner of the existing bulkhead and pier line) whose coordinates in the Maryland State Coordinate System are north 544635.94 and east 962242.46 (latitude north 39 degrees 19 minutes 39 seconds and longitude west 76 degrees 25 minutes 35.4 seconds), is declared to be a nonnavigable water of the United States for purposes of the navigation servitude.

(b) Pierhead and bulkhead line of Dark Head Creek

The line described in subsection (a) shall be established as a combined pierhead and bulkhead line of Dark Head Creek.

(c) Previously authorized projects

Any project heretofore authorized by any Act of Congress, insofar as such project is within the boundaries of Dark Head Creek as described in subsection (a), is not authorized after November 17, 1986.

(d) Reservation of rights

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

(Pub. L. 99–662, title XI, §1160, Nov. 17, 1986, 100 Stat. 4257.)
33 U.S.C. § 718 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 16: LIGHTHOUSES / Section 718: Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561
Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561
Status: repealed

Section, act Feb. 26, 1907, ch. 1638, §6, 34 Stat. 997, related to traveling expenses of Army and Navy officers.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.
33 U.S.C. § 2282b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2282b: Submission of reports to Congress
Submission of reports to Congress
Status: in_force

Beginning on January 17, 2014, and hereafter, not later than 120 days after the date of the Chief of Engineers Report on a water resource matter, the Assistant Secretary of the Army (Civil Works) shall submit the report to the appropriate authorizing and appropriating committees of the Congress.

(Pub. L. 113–76, div. D, title I, §104, Jan. 17, 2014, 128 Stat. 157.)

Editorial Notes

Codification

Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
33 U.S.C. § 1012 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 20: POLLUTION OF THE SEA BY OIL / Section 1012: Repealed. Pub. L. 89-551, §1(9), Sept. 1, 1966, 80 Stat. 375
Repealed. Pub. L. 89-551, §1(9), Sept. 1, 1966, 80 Stat. 375
Status: repealed

Section, Pub. L. 87–167, §13, Aug. 30, 1961, 75 Stat. 405, set out the form and required entries for the oil record book.
33 U.S.C. § 231 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 3: NAVIGATION RULES FOR HARBORS, RIVERS, AND INLAND WATERS GENERALLY / Subchapter VI: DISTRESS SIGNALS / Section 231: 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, act June 7, 1897, ch. 4, §1, 30 Stat. 102, related to distress signals.

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. § 441 (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 441: Deposit of refuse prohibited; penalty
Deposit of refuse prohibited; penalty
Status: in_force

The placing, discharging, or depositing, by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any other matter of any kind, other than that flowing from streets, sewers, and passing therefrom in a liquid state, in the waters of any harbor subject to this subchapter, within the limits which shall be prescribed by the supervisor of the harbor, is strictly forbidden, and every such act is made a misdemeanor, and every person engaged in or who shall aid, abet, authorize, or instigate a violation of this section, shall, upon conviction, be punishable by fine or imprisonment, or both, such fine to be not less than $250 nor more than $2,500, and the imprisonment to be not less than thirty days nor more than one year, either or both united, as the judge before whom conviction is obtained shall decide, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction of this misdemeanor.

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

Editorial Notes

Prior Provisions

Section 1 of act June 29, 1888, superseded act Aug. 5, 1886, ch. 929, §3, 24 Stat. 329, which provided that: "It shall not be lawful to cast, throw, empty, or unlade, or cause, suffer, or procure to be cast, thrown, emptied, or unladen, either from or out of any ship, vessel, lighter, barge, boat, or other craft, or from the shore, pier, wharf, or mills of any kind whatever, any ballast, stone, slate, gravel, earth, slack, rubbish, wreck, filth, slabs, edgings, sawdust, slag or cinders or other refuse or mill-waste of any kind, into New York Harbor: Provided, That nothing herein contained shall extend, or be construed to extend, to the casting out, unlading, or throwing out of any ship or vessel, lighter, barge, boat, or other craft, any stones, rocks, bricks, lime, or other materials used, or to be used, in or toward the building, repairing, or keeping in repair any quay, pier, wharf, weir, bridge, building, or other work lawfully erected or to be erected on the banks or sides of said harbor, or to the casting out, unloading or depositing of any material excavated for the improvement of navigable waters, into such places and in such manner as may be deemed by the United States officer supervising the improvement of said harbor most judicious and practicable and for the best interests of such improvement."

Amendments

1958—Pub. L. 85–802 substituted "waters of any harbor subject to this subchapter," for "tidal waters of the harbor of New York, or its adjacent or tributary waters, or in those of long Island Sound,".

Statutory Notes and Related Subsidiaries

Effective Date of 1958 Amendment

Pub. L. 85–802, §2, Aug. 28, 1958, 72 Stat. 971, provided that: "This Act [amending this section and sections 442, 446, 447, 449, 451, and 451a of this title and enacting section 451b of this title] shall take effect on the sixtieth day after the date of its enactment [Aug. 28, 1958]."
33 U.S.C. § 1296 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter II: GRANTS FOR CONSTRUCTION OF TREATMENT WORKS / Section 1296: Determination of priority of projects
Determination of priority of projects
Status: in_force

Notwithstanding any other provision of this chapter, the determination of the priority to be given each category of projects for construction of publicly owned treatment works within each State shall be made solely by that State, except that if the Administrator, after a public hearing, determines that a specific project will not result in compliance with the enforceable requirements of this chapter, such project shall be removed from the State's priority list and such State shall submit a revised priority list. These categories shall include, but not be limited to (A) secondary treatment, (B) more stringent treatment, (C) infiltration-in-flow correction, (D) major sewer system rehabilitation, (E) new collector sewers and appurtenances, (F) new interceptors and appurtenances, and (G) correction of combined sewer overflows. Not less than 25 per centum of funds allocated to a State in any fiscal year under this subchapter for construction of publicly owned treatment works in such State shall be obligated for those types of projects referred to in clauses (D), (E), (F), and (G) of this section, if such projects are on such State's priority list for that year and are otherwise eligible for funding in that fiscal year. It is the policy of Congress that projects for wastewater treatment and management undertaken with Federal financial assistance under this chapter by any State, municipality, or intermunicipal or interstate agency shall be projects which, in the estimation of the State, are designed to achieve optimum water quality management, consistent with the public health and water quality goals and requirements of this chapter.

(June 30, 1948, ch. 758, title II, §216, as added Pub. L. 95–217, §40, Dec. 27, 1977, 91 Stat. 1582; amended Pub. L. 97–117, §18, Dec. 29, 1981, 95 Stat. 1630.)

Editorial Notes

Amendments

1981—Pub. L. 97–117 inserted provision that it is the policy of Congress that projects for wastewater treatment and management undertaken with Federal financial assistance under this chapter by any State, municipality, or intermunicipal or interstate agency be projects which, in the estimation of the State, are designed to achieve optimum water quality management, consistent with the public health and water quality goals and requirements of this chapter.
33 U.S.C. § 579g (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 579g: Annual reports
Annual reports
Status: in_force

(1) In general

Not later than 10 days after the date on which the budget of the President for each fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a report on the status of each covered report.

(2) Elements

The Secretary shall include in the report required under paragraph (1) the following information:

(A) A summary of the status of each covered report, including if each such report has been initiated.

(B) The amount of funds that—

(i) have been made available to carry out each such report; and

(ii) the Secretary requires to complete each such report.

(C) A detailed assessment of how the Secretary intends to complete each covered report, including an anticipated timeline for completion.

(3) Publicly available

The Secretary shall make each report required under paragraph (1) publicly available on the website of the Corps of Engineers.

(4) Notification of committees

The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on the Environment and Public Works of the Senate on an annual basis a draft of each covered report.

(5) Definition of covered report

In this subsection, the term "covered report"—

(A) means any report or study required to be submitted by the Secretary under this Act or any Act providing authorizations for water resources development projects enacted after January 4, 2025, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate that has not been so submitted; and

(B) does not include a feasibility study (as such term is defined in section 2215(d) of this title).

(Pub. L. 118–272, div. A, title I, §1150(b), Jan. 4, 2025, 138 Stat. 3041.)

Editorial Notes

References in Text

This Act, referred to in par. (5)(A), probably means div. A of Pub. L. 118–272, Jan. 4, 2025, 138 Stat. 2996, known as the Water Resources Development Act of 2024. For complete classification of this Act to the Code, see Short Title of 2025 Amendment note set out under section 2201 of this title and Tables.

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. § 4105 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 54: COMMERCIAL ENGAGEMENT THROUGH OCEAN TECHNOLOGY / Section 4105: Reports on unmanned maritime systems and usage for mission of the National Oceanic and Atmospheric Administration
Reports on unmanned maritime systems and usage for mission of the National Oceanic and Atmospheric Administration
Status: in_force

(a) In general

In carrying out this chapter, the Administrator shall, not later than one year after December 21, 2018, and every 4 years thereafter, submit to the appropriate committees of Congress a report on the usage of unmanned maritime systems for the mission of the Administration.

(b) Contents

Each report submitted under subsection (a) shall include, for the period covered by the report, the following:

(1) An inventory of current unmanned maritime systems used by programs of the Administration, a summary of the data they have returned, and the benefits realized from having such data.

(2) A prioritized list of data requirements of the Administration that could be met with unmanned maritime systems, and the commercially available unmanned maritime systems with the operational capabilities to collect such data.

(c) Appropriate committees of Congress defined

In this section, the term "appropriate committees of Congress" means—

(1) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Commerce, Science, and Transportation of the Senate; and

(2) the Committee on Appropriations, the Committee on Armed Services, the Committee on Natural Resources, and the Committee on Science, Space, and Technology of the House of Representatives.

(Pub. L. 115–394, §6, Dec. 21, 2018, 132 Stat. 5285.)
33 U.S.C. § 664 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 14: CALIFORNIA DEBRIS COMMISSION / Section 664: General duties as to plans for protection of navigation
General duties as to plans for protection of navigation
Status: in_force

It shall be the duty of said commission to mature and adopt such plan or plans, from examinations and surveys made prior to March 1, 1893, and from such additional examinations and surveys as it may deem necessary, as will improve the navigability of all the rivers comprising said systems, deepen their channels, and protect their banks. Such plan or plans shall be matured with a view of making the same effective as against the encroachment of and damage from debris resulting from mining operations, natural erosion, or other causes, with a view of restoring, as near as practicable and the necessities of commerce and navigation demand, the navigability of said rivers to the condition existing in 1860, and permitting mining by the hydraulic process, as the term is understood in said State, to be carried on, provided the same can be accomplished, without injury to the navigability of said rivers or the lands adjacent thereto.

(Mar. 1, 1893, ch. 183, §4, 27 Stat. 507.)

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. § 2284b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2284b: Scenic and aesthetic considerations
Scenic and aesthetic considerations
Status: in_force

In conducting studies of potential water resources projects, the Secretary shall consider measures to preserve and enhance scenic and aesthetic qualities in the vicinity of such projects.

(Pub. L. 104–303, title II, §232, Oct. 12, 1996, 110 Stat. 3704.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 1996, 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. 104–303, set out as a note under section 2201 of this title.
33 U.S.C. § 601 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter IV: PARTICULAR WORK OR IMPROVEMENTS / Section 601: Mississippi River; regulation of reservoirs at headwaters
Mississippi River; regulation of reservoirs at headwaters
Status: in_force

It shall be the duty of the Secretary of the Army to prescribe such rules and regulations in respect to the use and administration of the reservoirs at the headwaters of the Mississippi River as in his judgment the public interest and necessity may require; which rules and regulations shall be posted in some conspicuous place or places for the information of the public. And any person knowingly and willfully violating such rules and regulations shall be liable to a fine not exceeding $500, or imprisonment, not exceeding six months, the same to be enforced by prosecution in any district court of the United States within whose territorial jurisdiction such offense may have been committed. And the Secretary of the Army shall cause such gaugings to be made at or near Saint Paul during the annual operation of said reservoirs as shall determine accurately the discharge at that point, the cost of same to be paid out of the annual appropriation for gauging the waters of the Mississippi River and its tributaries.

(Aug. 11, 1888, ch. 860, §1, 25 Stat. 419; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

Codification

Section is from act Aug. 11, 1888, the River and Harbor Appropriation Act of 1888.

In the original text the words "said reservoirs" appeared instead of "reservoirs at the headwaters of the Mississippi river." The provision from which this section is derived, however, followed an appropriation "for continuing operations upon the reservoirs at the headwaters of the Mississippi river."

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. § 475 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 10: ANCHORAGE GROUNDS AND HARBOR REGULATIONS GENERALLY / Section 475: Regulations for Pearl Harbor, Hawaii
Regulations for Pearl Harbor, Hawaii
Status: in_force

For the proper control, protection, and defense of the naval station, harbor, and entrance channel at Pearl Harbor, Territory of Hawaii, the Secretary of the Navy is authorized, empowered, and directed to adopt and prescribe suitable rules and regulations governing the navigation, movement, and anchorage of vessels of whatsoever character in the waters of Pearl Harbor, island of Oahu, Hawaiian Islands, and in the entrance channel to said harbor, and to take all necessary measures for the proper enforcement of such rules and regulations.

(Aug. 22, 1912, ch. 335, 37 Stat. 341.)

Editorial Notes

Codification

Section is from the Naval Appropriation Act for 1913.

Executive Documents

Admission of Hawaii as State

Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of Title 48, Territories and Insular Possessions.
33 U.S.C. § 663 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 14: CALIFORNIA DEBRIS COMMISSION / Section 663: Territorial jurisdiction over hydraulic mining; hydraulic mining injurious to navigation prohibited
Territorial jurisdiction over hydraulic mining; hydraulic mining injurious to navigation prohibited
Status: in_force

The jurisdiction of said commission, in so far as the same affects mining carried on by the hydraulic process, shall extend to all such mining in the territory drained by the Sacramento and San Joaquin River systems in the State of California. Hydraulic mining, as defined in section 668 of this title, directly or indirectly injuring the navigability of said river systems, carried on in said territory other than as permitted under the provisions of this chapter is prohibited and declared unlawful.

(Mar. 1, 1893, ch. 183, §3, 27 Stat. 507.)

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. § 2238d (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter II: HARBOR DEVELOPMENT / Section 2238d: Maintenance of harbors of refuge
Maintenance of harbors of refuge
Status: in_force

The Secretary is authorized to maintain federally authorized harbors of refuge to restore and maintain the authorized dimensions of the harbors.

(Pub. L. 114–322, title I, §1109, Dec. 16, 2016, 130 Stat. 1634.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, 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 1002 of Pub. L. 114–322, set out as a note under section 2201 of this title.
33 U.S.C. § 561a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 561a: Contributions from local interests; reduction to meet lowered cost
Contributions from local interests; reduction to meet lowered cost
Status: in_force

When the authorization of a project of river and harbor improvement requires that local interests shall contribute a specific sum of money toward its cost, the Secretary of the Army, upon the recommendation of the Chief of Engineers, may reduce the sum to be contributed to an amount which shall be in the same ratio to the amount of the required contribution as the actual cost of the work to which said contribution is applicable bears to its original estimated cost as set forth in the project document.

(Mar. 3, 1933, ch. 216, 47 Stat. 1545; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

Codification

A prior provision that the reduction authorized by this section was not to apply to contributions made prior to Mar. 3, 1933, was omitted as obsolete.

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. § 1223a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 25: PORTS AND WATERWAYS SAFETY PROGRAM / Section 1223a: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section, Pub. L. 92–340, §4A, as added Pub. L. 108–293, title IV, §410, Aug. 9, 2004, 118 Stat. 1045, was redesignated and transferred to section 3105 of Title 46, Shipping, by Pub. L. 115–282, title IV, §402(a)(1)(A), Dec. 4, 2018, 132 Stat. 4263.
33 U.S.C. § 519 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 11: BRIDGES OVER NAVIGABLE WATERS / Subchapter II: ALTERATION OF BRIDGES / Section 519: Noncompliance with orders; penalties; removal of bridge
Noncompliance with orders; penalties; removal of bridge
Status: in_force

Any bridge owner who shall willfully fail or refuse to comply with any lawful order of the Secretary, made in accordance with the provisions of this subchapter, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent jurisdiction by a fine not exceeding $5,000, and every month such bridge owner shall remain in default shall be deemed a new offense and subject such bridge owner to additional penalties therefor. In addition to the penalties above prescribed the Secretary may, upon the failure or refusal of any bridge owner to comply with any lawful order issued by the Secretary in regard thereto, cause the removal of any such bridge and accessory works at the expense of the bridge owner; and suit for such expense may be brought in the name of the United States against such bridge owner and recovery had for such expense in any court of competent jurisdiction. The removal of any bridge erected or maintained in violation of the provisions of this subchapter or the order or direction of the Secretary made in pursuance thereof, and compliance with any order of the Secretary made with respect to any bridge in accordance with the provisions of this subchapter, may be enforced by injunction, mandamus, or other summary process upon application to the district court of any district in which such bridge may, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary.

(June 21, 1940, ch. 409, §9, 54 Stat. 500.)
33 U.S.C. § 535i (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 11: BRIDGES OVER NAVIGABLE WATERS / Subchapter IV: INTERNATIONAL BRIDGES / Section 535i: Reservation of right to alter or repeal
Reservation of right to alter or repeal
Status: in_force

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

(Pub. L. 92–434, §12, Sept. 26, 1972, 86 Stat. 733.)
33 U.S.C. § 641 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 13: MISSISSIPPI RIVER COMMISSION / Section 641: Creation of Mississippi River Commission
Creation of Mississippi River Commission
Status: in_force

A commission is created to be called "The Mississippi River Commission", to consist of seven members.

(June 28, 1879, ch. 43, §1, 21 Stat. 37.)

Editorial Notes

Codification

This was the first section of an act entitled "An act to provide for the appointment of a 'Mississippi River Commission' for the improvement of said river from the Head of the Passes near its mouth to its head-waters".

Statutory Notes and Related Subsidiaries

Appropriation for Salaries and Expenses

Act June 28, 1879, ch. 43, §7, 21 Stat. 38, omitted as temporary and executed, provided for the expenditure of an appropriation of $175,000 for salaries of the commission and necessary expenses of surveys, examinations, etc.

Missouri River Commission

The Missouri River Commission was created by act July 5, 1884, ch. 229, §1, 23 Stat. 144, and repealed by act July 13, 1902, ch. 1079, §1, 32 Stat. 367.
33 U.S.C. § 465 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 9: PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY / Subchapter V: NAVIGABLE WATERS OF MARYLAND / Section 465: Authority to dredge; riparian rights of United States
Authority to dredge; riparian rights of United States
Status: in_force

Subject to the provisions of section 403 of this title authority is granted to dredge, without cost to the United States, in the navigable waters of the United States included within the State of Maryland and outside the limits of projects for improvement of navigation facilities approved by Congress, regardless of rights accruing to the United States as riparian owner under the laws of the State of Maryland: Provided, That in the opinion of the Chief of Engineers such dredging will improve facilities for navigation.

(July 3, 1930, ch. 847, §12, 46 Stat. 949.)
33 U.S.C. § 2295a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2295a: Policy and technical standards
Policy and technical standards
Status: in_force

Every 5 years, the Secretary shall revise, rescind, or certify as current, as applicable, each policy and technical standards publication for the civil works programs of the Corps of Engineers, including each engineer regulation, engineer circular, engineer manual, engineer pamphlet, engineer technical letter, planning guidance letter, policy guidance letter, planning bulletin, and engineering and construction bulletin.

(Pub. L. 117–263, div. H, title LXXXI, §8140, Dec. 23, 2022, 136 Stat. 3723.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 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 8002 of Pub. L. 117–263, set out as a note under section 2201 of this title.
33 U.S.C. § 3033 (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 3033: Suspension during war or emergency
Suspension during war or emergency
Status: in_force

In time of emergency declared by the President or by the Congress, and in time of war, the President is authorized, in the President's discretion, to suspend the operation of all or any part of the provisions of law pertaining to promotion of commissioned officers of the Administration.

(Pub. L. 107–372, title II, §233, Dec. 19, 2002, 116 Stat. 3088.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 853i(b) of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 548 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 548: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, act Mar. 3, 1925, ch. 467, §7, 43 Stat. 1191, required a report on projects adopted prior to March 3, 1925.
33 U.S.C. § 361 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 6: GENERAL DUTIES OF SHIP OFFICERS AND OWNERS AFTER COLLISION OR OTHER ACCIDENT / Section 361: Repealed. Pub. L. 98-89, §4(b), Aug. 26, 1983, 97 Stat. 599
Repealed. Pub. L. 98-89, §4(b), Aug. 26, 1983, 97 Stat. 599
Status: repealed

Section 361, act June 20, 1874, ch. 344, §10, 18 Stat. 128; 1946 Reorg. Plan. No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, required filing of reports to Coast Guard on accidents involving United States vessels and provided penalty for failure to comply. See sections 6101, 6103 of Title 46, Shipping.

Section 362, act June 20, 1874, ch. 344, §11, 18 Stat. 128; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, required reporting of probable loss of vessels and provided penalty for failure to comply. See sections 6101, 6103 of Title 46.

Section 363, acts June 20, 1874, ch. 344, §12, 18 Stat. 128; Feb. 14, 1903, ch. 552, §10, 32 Stat. 829; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to transmission of reports by Coast Guard officials to Commandant of Coast Guard.

Section 364, acts June 20, 1874, ch. 344, §13, 18 Stat. 128; Mar. 3, 1897, ch. 389, §11, 29 Stat. 689; Feb. 14, 1903, ch. 552, §10, 32 Stat. 829; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to remission and recovery of penalties. See section 2107 of Title 46.

Section 365, act Mar. 4, 1915, ch. 153, §15, 38 Stat. 1184; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to reports by owners of barges in tow. See section 6101 of Title 46.

Section 366, act Mar. 4, 1915, ch. 153, §15, 38 Stat. 1184; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, required Commandant of Coast Guard to transmit annually to Congress a summary of reports transmitted to him by Coast Guard officials as required under sections 361 to 365 of this title. See section 6307 of Title 46.

Section 367, act Sept. 4, 1890, ch. 875, §1, 26 Stat. 425, related to duty of master of a vessel in collision to give aid, and to give name of his vessel together with other information about his vessel. See sections 2303, 2304 of Title 46.

Section 368, act Sept. 4, 1890, ch. 875, §2, 26 Stat. 425, set out penalties for failure to give aid as required by section 367 of this title. See sections 2303, 2304 of Title 46.

Act Sept. 4, 1890, ch. 875, §3, 26 Stat. 425, which provided that sections 367 and 368 of this title were to take effect at a time to be fixed by President by proclamation (effective Dec. 15, 1890, by Presidential Proclamation of Nov. 18, 1890, 26 Stat. 1561), was repealed by Pub. L. 98–89, §4(b), 97 Stat. 599.
33 U.S.C. § 2621 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 39: SHORE PROTECTION FROM MUNICIPAL OR COMMERCIAL WASTE / Subchapter II: RELATED PROVISIONS / Section 2621: Study and recommendations
Study and recommendations
Status: in_force

(a) Study

The Administrator, in consultation with the Secretary of Transportation, shall conduct a study to determine the need for, and effectiveness of additional tracking systems for vessels to assure that municipal or commercial waste is not deposited in coastal waters. In conducting this study, the Administrator shall use the data collected from its permitting and enforcement activities under this chapter. In determining the effectiveness of tracking systems, the Administrator shall rely on the information provided by the Secretary under subsection (b) of this section. The report shall include a recommendation whether additional tracking systems are needed. This study shall be submitted to Congress within 24 months after November 18, 1988.

(b) Recommendations

The Secretary shall provide recommendations to the Administrator concerning the various tracking systems that might be applicable to vessels transporting municipal or commercial waste which the Secretary currently is studying. The Secretary shall consider the relative effectiveness of various systems and the relative costs of the systems both to the United States Government and to the vessel owner.

(Pub. L. 100–688, title IV, §4201, Nov. 18, 1988, 102 Stat. 4159.)
33 U.S.C. § 417 (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 417: Expenses of investigations by Department of the Army
Expenses of investigations by Department of the Army
Status: in_force

Expenses incurred by the Engineer Department of the Department of the Army in all investigations, inspections, hearings, reports, service of notice, or other action incidental to examination of plans or sites of bridges or other structures built or proposed to be built in or over navigable waters, or to examinations into alleged violations of laws for the protection and preservation of navigable waters, or to the establishment or marking of harbor lines, shall be payable from any funds which may be available for the improvement, maintenance, operation, or care of the waterways or harbors affected, or if such funds are not available in sums judged by the Chief of Engineers to be adequate, then from any funds available for examinations, surveys, and contingencies of rivers and harbors.

(Mar. 3, 1905, ch. 1482, §6, 33 Stat. 1148; 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. § 1129 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 22: SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT / Subchapter II: NATIONAL SEA GRANT COLLEGE PROGRAM / Section 1129: Interagency cooperation
Interagency cooperation
Status: in_force

Each department, agency, or other instrumentality of the Federal Government which is engaged in or concerned with, or which has authority over, matters relating to ocean, coastal, and Great Lakes resources—

(1) may, upon a written request from the Secretary, make available, on a reimbursable basis or otherwise any personnel (with their consent and without prejudice to their position and rating), service, or facility which the Secretary deems necessary to carry out any provision of this subchapter;

(2) shall, upon a written request from the Secretary, furnish any available data or other information which the Secretary deems necessary to carry out any provision of this subchapter; and

(3) shall cooperate with the Administration and duly authorized officials thereof.

(Pub. L. 89–454, title II, §210, as added Pub. L. 94–461, §2, Oct. 8, 1976, 90 Stat. 1968; amended Pub. L. 100–220, title III, §3104(b)(1)(G), Dec. 29, 1987, 101 Stat. 1471.)

Editorial Notes

Amendments

1987—Pub. L. 100–220 substituted "ocean, coastal, and Great Lakes resources" for "ocean and coastal resources" in introductory provisions.
33 U.S.C. § 2738 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 40: OIL POLLUTION / Subchapter II: PRINCE WILLIAM SOUND PROVISIONS / Section 2738: North Pacific Marine Research Institute
North Pacific Marine Research Institute
Status: in_force

(a) Institute established

The Secretary of Commerce shall establish a North Pacific Marine Research Institute (hereafter in this section referred to as the "Institute") to be administered at the Alaska SeaLife Center by the North Pacific Research Board.

(b) Functions

The Institute shall—

(1) conduct research and carry out education and demonstration projects on or relating to the North Pacific marine ecosystem with particular emphasis on marine mammal, sea bird, fish, and shellfish populations in the Bering Sea and Gulf of Alaska including populations located in or near Kenai Fjords National Park and the Alaska Maritime National Wildlife Refuge; and

(2) lease, maintain, operate, and upgrade the necessary research equipment and related facilities necessary to conduct such research at the Alaska SeaLife Center.

(c) Evaluation and audit

The Secretary of Commerce may periodically evaluate the activities of the Institute to ensure that funds received by the Institute are used in a manner consistent with this section. Chapter 10 of title 5 shall not apply to the Institute.

(d) Status of employees

Employees of the Institute shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose.

(e) Use of funds

No funds made available to carry out this section may be used to initiate litigation, or for the acquisition of real property (other than facilities leased at the Alaska SeaLife Center). No more than 10 percent of the funds made available to carry out subsection (b)(1) may be used to administer the Institute. The administrative funds of the Institute and the administrative funds of the North Pacific Research Board created under Public Law 105–83 may be used to jointly administer such programs at the discretion of the North Pacific Research Board.

(f) Availability of research

The Institute shall publish and make available to any person on request the results of all research, educational, and demonstration projects conducted by the Institute. The Institute shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to the National Park Service, the United States Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration.

(Pub. L. 101–380, title V, §5008, as added Pub. L. 106–246, div. B, title II, §2204(1), July 13, 2000, 114 Stat. 546; amended Pub. L. 106–554, §1(a)(4) [div. B, title I, §144(c)(1)(A), (B)], Dec. 21, 2000, 114 Stat. 2763, 2763A–238, 2763A–239; Pub. L. 117–286, §4(a)(205), Dec. 27, 2022, 136 Stat. 4328.)

Editorial Notes

References in Text

Public Law 105–83, referred to in subsec. (e), is Pub. L. 105–83, Nov. 14, 1997, 111 Stat. 1543, known as the Department of the Interior and Related Agencies Appropriations Act, 1998. For complete classification of this Act to the Code, see Tables.

Amendments

2022—Subsec. (c). Pub. L. 117–286 substituted "Chapter 10 of title 5" for "The Federal Advisory Committee Act".

2000—Subsec. (c). Pub. L. 106–554, §1(a)(4) [div. B, title I, §144(c)(1)(A)], inserted second sentence and struck out former second sentence which read as follows: "The Comptroller General of the United States, and any of his or her duly authorized representatives, shall have access, for purposes of audit and examination, to any books, documents, papers, and records of the Institute that are pertinent to the funds received and expended by the Institute."

Subsec. (e). Pub. L. 106–554, §1(a)(4) [div. B, title I, §144(c)(1)(B)], inserted at end "The administrative funds of the Institute and the administrative funds of the North Pacific Research Board created under Public Law 105–83 may be used to jointly administer such programs at the discretion of the North Pacific Research Board."
33 U.S.C. § 861a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter I: GENERAL PROVISIONS / Section 861a: Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641
Status: repealed

Section, act May 18, 1920, ch. 190, §12, 41 Stat. 604, related to transportation for families of officers and enlisted men on permanent change of station.
33 U.S.C. § 2317b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2317b: Mitigation banks and in-lieu fee arrangements
Mitigation banks and in-lieu fee arrangements
Status: in_force

(1) In general

Not later than 180 days after December 16, 2016, the Secretary shall issue implementation guidance that provides for the consideration in water resources development feasibility studies of the entire amount of potential in-kind credits available at mitigation banks approved by the Secretary and in-lieu fee programs with an approved service area that includes the location of the projected impacts of the water resources development project.

(2) Requirements

All potential mitigation bank and in-lieu fee credits that meet the criteria under paragraph (1) shall be considered a reasonable alternative for planning purposes if—

(A) the applicable mitigation bank—

(i) has an approved mitigation banking instrument; and

(ii) has completed a functional analysis of the potential credits using the approved Corps of Engineers certified habitat assessment model specific to the region; and

(B) the Secretary determines that the use of such banks or in-lieu fee programs provide reasonable assurance that the statutory (and regulatory) mitigation requirements for a water resources development project are met, including monitoring or demonstrating mitigation success.

(3) Effect

Nothing in this subsection—

(A) modifies or alters any requirement for a water resources development project to comply with applicable laws or regulations, including section 2283 of this title; or

(B) shall be construed as to limit mitigation alternatives or require the use of mitigation banks or in-lieu fee programs.

(Pub. L. 110–114, title II, §2036(c), Nov. 8, 2007, 121 Stat. 1094; Pub. L. 114–322, title I, §1163, Dec. 16, 2016, 130 Stat. 1669.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2016—Pub. L. 114–322 amended section generally. Prior to amendment, section related to use of the mitigation bank for certain water resources projects that involved wetlands mitigation.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.
33 U.S.C. § 3607 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 49: INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM / Section 3607: Public-private use policy
Public-private use policy
Status: in_force

The Council shall maintain a policy that defines processes for making decisions about the roles of the Federal Government, the States, regional coastal observing systems, the academic community, and the private sector in providing to end-user communities environmental information, products, technologies, and services related to the System. The Administrator shall ensure that the National Oceanic and Atmospheric Administration adheres to the decision making process developed by the Council regarding the roles of the Federal Government, the States, the regional coastal observing systems, the academic community, and the private sector in providing end-user communities environmental information, data products, technologies, and services related to the System.

(Pub. L. 111–11, title XII, §12308, Mar. 30, 2009, 123 Stat. 1435; Pub. L. 116–271, title I, §106, Dec. 31, 2020, 134 Stat. 3340.)

Editorial Notes

Amendments

2020—Pub. L. 116–271 amended section generally. Prior to amendment, section required the Council to develop a public-private use policy within 6 months after March 30, 2009.
33 U.S.C. § 1126 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 22: SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT / Subchapter II: NATIONAL SEA GRANT COLLEGE PROGRAM / Section 1126: Sea grant colleges and sea grant institutes
Sea grant colleges and sea grant institutes
Status: in_force

(a) Designation

(1) A sea grant college or sea grant institute shall meet the following qualifications—

(A) have an existing broad base of competence in fields related to ocean, coastal, and Great Lakes resources;

(B) make a long-term commitment to the objective in section 1121(b) of this title, as determined by the Secretary;

(C) cooperate with other sea grant colleges and institutes and other persons to solve problems or meet needs relating to ocean, coastal, and Great Lakes resources;

(D) have received financial assistance under section 1124 of this title;

(E) be recognized for excellence in fields related to ocean, coastal, and Great Lakes resources (including marine resources management and science), as determined by the Secretary; and

(F) meet such other qualifications as the Secretary, in consultation with the Board, considers necessary or appropriate.

(2) The Secretary may designate an institution, or an association or alliance of two or more such institutions, as a sea grant college if the institution, association, or alliance—

(A) meets the qualifications in paragraph (1); and

(B) maintains a program of research, extension services, training, and education in fields related to ocean, coastal, and Great Lakes resources.

(3) The Secretary may designate an institution, or an association or alliance of two or more such institutions, as a sea grant institute if the institution, association, or alliance—

(A) meets the qualifications in paragraph (1); and

(B) maintains a program which includes, at a minimum, research and extension services.

(b) Additional designations

(1) Notification to Congress of designations

(A) In general

Not less than 30 days before designating an institution, or an association or alliance of two or more such institutions, as a sea grant college or sea grant institute under subsection (a), the Secretary shall notify Congress in writing of the proposed designation. The notification shall include an evaluation and justification for the designation.

(B) Effect of joint resolution of disapproval

The Secretary may not designate an institution, or an association or alliance of two or more such institutions, as a sea grant college or sea grant institute under subsection (a) if, before the end of the 30-day period described in subparagraph (A), a joint resolution disapproving the designation is enacted.

(2) Existing designees

Any institution, or association or alliance of two or more such institutions, designated as a sea grant college or awarded institutional program status by the Director prior to March 6, 1998, shall not have to reapply for designation as a sea grant college or sea grant institute, respectively, after March 6, 1998, if the Director determines that the institution, or association or alliance of institutions, meets the qualifications in subsection (a).

(c) Suspension or termination of designation

The Secretary may, for cause and after an opportunity for hearing, suspend or terminate any designation under subsection (a).

(d) Duties

Subject to any regulations prescribed or guidelines established by the Secretary, it shall be the responsibility of each sea grant college and sea grant institute—

(1) to develop and implement, in consultation with the Secretary and the Board, a program that is consistent with the guidelines and priorities established under section 1123(c) of this title; and

(2) to conduct a merit review of all proposals for grants and contracts to be awarded under section 1124 of this title.

(Pub. L. 89–454, title II, §207, as added Pub. L. 94–461, §2, Oct. 8, 1976, 90 Stat. 1966; amended Pub. L. 100–220, title III, §3104(b)(1)(E), Dec. 29, 1987, 101 Stat. 1470; Pub. L. 105–160, §7, Mar. 6, 1998, 112 Stat. 24; Pub. L. 107–299, §8, Nov. 26, 2002, 116 Stat. 2348; Pub. L. 110–394, §§7, 9(a)(4)(C)(ii), Oct. 13, 2008, 122 Stat. 4207, 4208; Pub. L. 113–188, title II, §201(a), Nov. 26, 2014, 128 Stat. 2018; Pub. L. 116–221, §7, Dec. 18, 2020, 134 Stat. 1059.)

Editorial Notes

Amendments

2020—Subsec. (b). Pub. L. 116–221, §7(2), added par. (1), designated existing provisions as par. (2), and inserted par. (2) heading.

Pub. L. 116–221, §7(1), substituted "Additional designations" for "Existing designees" in heading.

2014—Subsec. (e). Pub. L. 113–188, which directed amendment of section 207 of the National Sea Grant Program Act by striking subsec. (e), was executed to this section, which is section 207 of the National Sea Grant College Program Act, to reflect the probable intent of Congress. Prior to amendment, subsec. (e) related to annual reports on progress made by colleges, universities, institutions, associations, and alliances to become designated under this section as sea grant colleges or sea grant institutes.

2008—Subsec. (a)(1)(F). Pub. L. 110–394, §9(a)(4)(C)(ii), substituted "Board" for "panel".

Subsec. (a)(2)(B), (3)(B). Pub. L. 110–394, §7, substituted "extension services" for "advisory services".

Subsec. (d)(1). Pub. L. 110–394, §9(a)(4)(C)(ii), substituted "Board" for "panel".

2002—Subsec. (e). Pub. L. 107–299 added subsec. (e).

1998—Pub. L. 105–160 amended section catchline and text generally. Prior to amendment text consisted of subsecs. (a) to (c) relating to authorization of the Secretary to designate sea grant college and sea grant regional consortia with certain prerequisites, requirement of regulations to prescribe qualifications and guidelines, and authorization of the Secretary to suspend or terminate any designation.

1987—Subsec. (a)(2)(A), (3)(A), (B). Pub. L. 100–220 substituted "ocean, coastal, and Great Lakes resources" for "ocean and coastal resources".
33 U.S.C. § 3032 (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 3032: Service credit as deck officer or junior engineer for promotion purposes
Service credit as deck officer or junior engineer for promotion purposes
Status: in_force

For purposes of promotion, there shall be counted in addition to active commissioned service, service as deck officer or junior engineer.

(Pub. L. 107–372, title II, §232, Dec. 19, 2002, 116 Stat. 3088.)

Editorial Notes

Codification

Provisions similar to this section are contained in section 854a of this title.
33 U.S.C. § 2326d (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2326d: Alternative projects to maintenance dredging
Alternative projects to maintenance dredging
Status: in_force

The Secretary may enter into agreements to assume the operation and maintenance costs of an alternative project to maintenance dredging for a Federal navigation channel if the costs of the operation and maintenance of the alternative project, and any remaining costs necessary for maintaining the Federal navigation channel, are less than the costs of maintaining such channel without the alternative project.

(Pub. L. 114–322, title I, §1106, Dec. 16, 2016, 130 Stat. 1634.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, 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 1002 of Pub. L. 114–322, set out as a note under section 2201 of this title.
33 U.S.C. § 11 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 11: Authority for compact between Middle Northwest States as to jurisdiction of offenses committed on boundary waters
Authority for compact between Middle Northwest States as to jurisdiction of offenses committed on boundary waters
Status: in_force

The consent of the Congress is given to the States of North Dakota, South Dakota, Minnesota, Wisconsin, Iowa, and Nebraska, or any two or more of them, by such agreement or compact as they may deem desirable or necessary, or as may be evidenced by legislative acts enacted by any two or more of said States, not in conflict with the Constitution of the United States or any law thereof, to determine and settle the jurisdiction to be exercised by said States, respectively, over offenses arising out of the violation of the laws of any of said States upon any of the waters forming the boundary lines between any two or more of said States, or waters through which such boundary line extends, and that the consent of the Congress be, and the same is, given to the concurrent jurisdiction agreed to by the States of Minnesota and South Dakota, as evidenced by the act of the Legislature of the State of Minnesota approved April 20, 1917, and the act of the Legislature of the State of South Dakota approved February 13, 1917.

(Mar. 4, 1921, ch. 176, 41 Stat. 1447.)

Editorial Notes

Codification

This section is from a resolution entitled a "Joint Resolution giving consent of the Congress of the United States to the States of North Dakota, South Dakota, Minnesota, Wisconsin, Iowa, and Nebraska, or any two or more of said States, to agree upon the jurisdiction to be exercised by said States over boundary waters between any two or more of said States".
33 U.S.C. § 734 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 16: LIGHTHOUSES / Section 734: Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561
Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561
Status: repealed

Section, R.S. §4678, related to coloring and numbering buoys.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.
33 U.S.C. § 2313b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2313b: Support of Army civil works program
Support of Army civil works program
Status: in_force

(a) General authority

In carrying out research and development in support of the civil works program of the Department of the Army, the Secretary may utilize contracts, cooperative research and development agreements, cooperative agreements, and grants with non-Federal entities, including State and local governments, colleges and universities, consortia, professional and technical societies, public and private scientific and technical foundations, research institutions, educational organizations, and nonprofit organizations.

(b) Commercial application

With respect to contracts for research and development, the Secretary may include requirements that have potential commercial application and may use such potential application as an evaluation factor where appropriate.

(Pub. L. 104–303, title II, §229, Oct. 12, 1996, 110 Stat. 3703.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 1996, 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. 104–303, set out as a note under section 2201 of this title.
33 U.S.C. § 2213a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter I: COST SHARING / Section 2213a: Treatment of certain benefits and costs
Treatment of certain benefits and costs
Status: in_force

(a) In general

In the case of a flood risk management or coastal storm risk management project in a region of moderate or high seismic hazard, for the purpose of a benefit-cost analysis for the project, the Secretary shall not include in that analysis any additional design and construction costs resulting from addressing seismic concerns.

(b) Savings provision

Except with respect to the benefit-cost analysis, the additional costs referred to in subsection (a) shall be—

(1) included in the total project cost; and

(2) subject to cost-share requirements otherwise applicable to the project.

(Pub. L. 116–260, div. AA, title I, §152, Dec. 27, 2020, 134 Stat. 2658; Pub. L. 117–263, div. H, title LXXXI, §8380, Dec. 23, 2022, 136 Stat. 3828.)

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.

Amendments

2022—Subsec. (a). Pub. L. 117–263 substituted "a flood risk management or coastal storm risk management project in a region" for "flood risk management project that incidentally generates seismic safety benefits in regions".

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. § 232 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 3: NAVIGATION RULES FOR HARBORS, RIVERS, AND INLAND WATERS GENERALLY / Subchapter VII: ORDERS / Section 232: 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, act June 7, 1897, ch. 4, §1, as added Aug. 21, 1935, ch. 595, §2, 49 Stat. 669, related to orders to helmsmen.

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. § 605a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter IV: PARTICULAR WORK OR IMPROVEMENTS / Section 605a: Mississippi River forecasting improvements
Mississippi River forecasting improvements
Status: in_force

(1) In general

The Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, the Director of the United States Geological Survey, the Administrator of the National Oceanic and Atmospheric Administration, and the Director of the National Weather Service, as applicable, shall improve forecasting on the Mississippi River by—

(A) updating forecasting technology deployed on the Mississippi River and its tributaries through—

(i) the construction of additional automated river gages;

(ii) the rehabilitation of existing automated and manual river gages; and

(iii) the replacement of manual river gages with automated gages, as the Secretary determines to be necessary;

(B) constructing additional sedimentation ranges on the Mississippi River and its tributaries; and

(C) deploying additional automatic identification system base stations at river gage sites.

(2) Prioritization

In carrying out this section, the Secretary shall prioritize the sections of the Mississippi River on which additional and more reliable information would have the greatest impact on maintaining navigation on the Mississippi River.

(3) Report

Not later than 1 year after June 10, 2014, the Secretary shall submit to Congress and make publicly available a report on the activities carried out by the Secretary under this section.

(Pub. L. 113–121, title IV, §4002(a), June 10, 2014, 128 Stat. 1308.)

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. § 558b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 558b: Exchange of land or property
Exchange of land or property
Status: in_force

In any case in which it may be necessary or advisable in the execution of an authorized work of river and harbor improvement to exchange land or other property of the Government for private lands or property required for such project, the Secretary of the Army may, upon the recommendation of the Chief of Engineers, authorize such exchange upon terms and conditions deemed appropriate by him, and any conveyance of Government land or interests therein necessary to effect such exchange may be executed by the Secretary of the Army: Provided further, That the authority granted to the Secretary of the Army shall not extend to or include lands held or acquired by the Tennessee Valley Authority pursuant to the terms of the Tennessee Valley Authority Act [16 U.S.C. 831 et seq.]. This section shall apply to any exchanges heretofore deemed advisable in connection with the construction of the Bonneville Dam in the Columbia River.

(June 20, 1938, ch. 535, §2, 52 Stat. 804; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

References in Text

The Tennessee Valley Authority Act, referred to in text, is act May 18, 1933, ch. 32, 48 Stat. 58, known as the Tennessee Valley Authority Act of 1933, which is classified generally to chapter 12A (§831 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 831 of Title 16 and Tables.

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. § 752b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 16: LIGHTHOUSES / Section 752b: Repealed. Pub. L. 117-263, div. K, title CXVIII, §11808(a)(12), Dec. 23, 2022, 136 Stat. 4165
Repealed. Pub. L. 117-263, div. K, title CXVIII, §11808(a)(12), Dec. 23, 2022, 136 Stat. 4165
Status: repealed

Section, act June 15, 1938, ch. 398, 52 Stat. 692, related to disposal of materials to the Boys Scouts of America. See section 901 of Title 14, Coast Guard.
33 U.S.C. § 1951 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 33A: MARINE DEBRIS RESEARCH, PREVENTION, AND REDUCTION / Section 1951: Purpose
Purpose
Status: in_force

The purpose of this chapter is to address the adverse impacts of marine debris on the United States economy, the marine environment (including waters in the jurisdiction of the United States, the high seas, and waters in the jurisdiction of other countries), and navigation safety through the identification, determination of sources, assessment, prevention, reduction, and removal of marine debris.

(Pub. L. 109–449, §2, Dec. 22, 2006, 120 Stat. 3333; Pub. L. 112–213, title VI, §603, Dec. 20, 2012, 126 Stat. 1576; Pub. L. 116–224, title I, §101(1), Dec. 18, 2020, 134 Stat. 1074.)

Editorial Notes

Amendments

2020—Pub. L. 116–224 substituted "marine environment (including waters in the jurisdiction of the United States, the high seas, and waters in the jurisdiction of other countries)," for "marine environment,".

2012—Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: "The purposes of this chapter are—

"(1) to help identify, determine sources of, assess, reduce, and prevent marine debris and its adverse impacts on the marine environment and navigation safety;

"(2) to reactivate the Interagency Marine Debris Coordinating Committee; and

"(3) to develop a Federal marine debris information clearinghouse."

Statutory Notes and Related Subsidiaries

Short Title of 2012 Amendment

Pub. L. 112–213, title VI, §601, Dec. 20, 2012, 126 Stat. 1576, provided that: "This title [amending this section and sections 1952 to 1956 of this title, transferring section 1914 of this title to section 1954 of this title, repealing sections 1915 and 1954 of this title, and amending provisions set out as a note under this section] may be cited as the 'Marine Debris Act Amendments of 2012'."

Short Title

Pub. L. 109–449, §1, Dec. 22, 2006, 120 Stat. 3333, as amended by Pub. L. 112–213, title VI, §602(a), Dec. 20, 2012, 126 Stat. 1576, provided that: "This Act [enacting and amending this chapter] may be cited as the 'Marine Debris Act'."
33 U.S.C. § 4215 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 55: SAVE OUR SEAS 2.0 / Subchapter I: COMBATING MARINE DEBRIS / Section 4215: Volunteer status
Volunteer status
Status: in_force

The Secretary of Commerce may accept, without regard to the civil service classification laws, rules, or regulations, the services of the Foundation, the Board, and the officers and employees of the Board, without compensation from the Department of Commerce, as volunteers in the performance of the functions authorized in this subchapter.

(Pub. L. 116–224, title I, §115, Dec. 18, 2020, 134 Stat. 1079.)

Editorial Notes

References in Text

This subchapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 116–224, Dec. 18, 2020, 134 Stat. 1074, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables.
33 U.S.C. § 2284 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2284: Benefits and costs attributable to environmental measures
Benefits and costs attributable to environmental measures
Status: in_force

In the evaluation by the Secretary of benefits and costs of a water resources project, the benefits attributable to measures included in a project for the purpose of environmental quality, including improvement of the environment and fish and wildlife enhancement, shall be deemed to be at least equal to the costs of such measures.

(Pub. L. 99–662, title IX, §907, Nov. 17, 1986, 100 Stat. 4188.)
33 U.S.C. § 427 (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 427: Repealed. July 31, 1945, ch. 334, §5, 59 Stat. 508
Repealed. July 31, 1945, ch. 334, §5, 59 Stat. 508
Status: repealed

Section 427, act June 26, 1936, ch. 849, §1, 49 Stat. 1982, related to improvement and protection of beaches and defined "beach".

Section 428, act June 26, 1936, ch. 849, §2, 49 Stat. 1982, related to investigations by Beach Erosion Board and duties of Board. See section 426–1 of this title.

Section 429, act June 26, 1936, ch. 849, §3, 49 Stat. 1983, related to investigative reports by Beach Erosion Board. See section 426–1 of this title.

Section 430, act June 26, 1936, ch. 849, §4, 49 Stat. 1983, related to payment of expenses incident to investigations by Board. See section 426–1 of this title.
33 U.S.C. § 853m (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter I: GENERAL PROVISIONS / Section 853m: Repealed. Oct. 12, 1949, ch. 681, title V, §531(b)(41), 63 Stat. 840
Repealed. Oct. 12, 1949, ch. 681, title V, §531(b)(41), 63 Stat. 840
Status: repealed

Section 853m, act June 3, 1948, ch. 390, §14, 62 Stat. 299, related to retirement for disability. See section 1201 et seq. of Title 10, Armed Forces.

Section 853n, act June 3, 1948, ch. 390, §15, 62 Stat. 299, related to computation of service for retirement purposes. See sections 1401 et seq., 6321 et seq., and 6371 et seq. of Title 10.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Oct. 1, 1949, see section 533(a) of act Oct. 12, 1949, set out as an Effective Date of 1949 Amendment note under section 854a of this title.
33 U.S.C. § 725 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 16: LIGHTHOUSES / Section 725: LXXXV
LXXXV
Status: in_force

Section, R.S. §4680; acts June 17, 1910, ch. 301, §§6, 13, 36 Stat. 538, 539; June 20, 1918, ch. 103, §7, 40 Stat. 608; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Aug. 4, 1949, ch. 393, §§1, 20, 63 Stat. 496, 561, related to prohibition against officers and employees being interested in contracts for materials, etc.

Editorial Notes

Codification

R.S. §4680 derived from act Aug. 31, 1852, ch. 112, §17, 10 Stat. 120.

Statutory Notes and Related Subsidiaries

Savings

Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8512(b)(1), Jan. 1, 2021, 134 Stat. 4759, provided that: "Notwithstanding any repeals made by this section [repealing this section and sections 717, 727, 728, 730a, 743, 745a, 747b, 748, 754a, 763–1, 763–2, 763a–1, and 770 to 772 of this title], any individual beneficiary currently receiving payments under the authority of any provisions repealed in this section shall continue to receive such benefits."
33 U.S.C. § 573 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 573: Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 656
Repealed. Pub. L. 89-554, §8(a), Sept. 6, 1966, 80 Stat. 656
Status: repealed

Section, act May 17, 1950, ch. 188, title I, §111, 64 Stat. 170, provided that section 607 of the Federal Employees Pay Act of 1945, as amended [former 5 U.S.C. 947], should not be construed to prevent employment of additional personnel.
33 U.S.C. § 2716a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 40: OIL POLLUTION / Subchapter I: OIL POLLUTION LIABILITY AND COMPENSATION / Section 2716a: Financial responsibility civil penalties
Financial responsibility civil penalties
Status: in_force

(a) Administrative

Any person who, after notice and an opportunity for a hearing, is found to have failed to comply with the requirements of section 2716 of this title or the regulations issued under that section, or with a denial or detention order issued under subsection (b)(2) of that section, shall be liable to the United States for a civil penalty, not to exceed $25,000 per day of violation. The amount of the civil penalty shall be assessed by the President by written notice. In determining the amount of the penalty, the President shall take into account the nature, circumstances, extent, and gravity of the violation, the degree of culpability, any history of prior violation, ability to pay, and such other matters as justice may require. The President may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which had been imposed under this paragraph. If any person fails to pay an assessed civil penalty after it has become final, the President may refer the matter to the Attorney General for collection.

(b) Judicial

In addition to, or in lieu of, assessing a penalty under subsection (a), the President may request the Attorney General to secure such relief as necessary to compel compliance with section 2716 of this title, including a judicial order terminating operations. The district courts of the United States shall have jurisdiction to grant any relief as the public interest and the equities of the case may require.

(Pub. L. 101–380, title IV, §4303, Aug. 18, 1990, 104 Stat. 539; Pub. L. 115–232, div. C, title XXXV, §3547(d), Aug. 13, 2018, 132 Stat. 2328.)

Editorial Notes

Codification

Section was not enacted as part of title I of Pub. L. 101–380 which comprises this subchapter.

Amendments

2018—Subsec. (a). Pub. L. 115–232, §3547(d)(1), substituted "subsection (b)(2)" for "subsection (c)(2)".

Subsec. (b). Pub. L. 115–232, §3547(d)(2), substituted "section 2716" for "this section 2716".

Executive Documents

Delegation of Functions

Specific functions of President under this section delegated to Secretary of Department in which Coast Guard is operating and Secretary of the Interior by section 5(b) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54765, as amended, set out as a note under section 1321 of this title.
33 U.S.C. § 1224 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 25: PORTS AND WATERWAYS SAFETY PROGRAM / Section 1224: Repealed. Pub. L. 115-282, title IV, §402(e), Dec. 4, 2018, 132 Stat. 4264
Repealed. Pub. L. 115-282, title IV, §402(e), Dec. 4, 2018, 132 Stat. 4264
Status: repealed

Section 1224, Pub. L. 92–340, §5, formerly title I, §104, July 10, 1972, 86 Stat. 427; renumbered and amended Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1474; Pub. L. 107–295, title IV, §443(2), Nov. 25, 2002, 116 Stat. 2132, related to considerations by the Secretary in carrying out certain duties and responsibilities. See section 70004 of Title 46, Shipping.

Section 1225, Pub. L. 92–340, §6, formerly title I, §105, July 10, 1972, 86 Stat. 427; renumbered and amended Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1475, related to waterfront safety. See section 70011 of Title 46.
33 U.S.C. § 3041 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 43: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS / Subchapter III: SEPARATION AND RETIREMENT OF OFFICERS / Section 3041: Involuntary retirement or separation
Involuntary retirement or separation
Status: in_force

(a) Transfer of officers to retired list; separation from service

As recommended by a personnel board convened under section 3022 of this title—

(1) an officer in the permanent grade of captain or commander may—

(A) except as provided by subparagraph (B), be transferred to the retired list; or

(B) if the officer is not qualified for retirement, be separated from service; and

(2) an officer in the permanent grade of lieutenant commander, lieutenant, or lieutenant (junior grade) who is not qualified for retirement may be separated from the service.

(b) Computations

In any fiscal year, the total number of officers selected for retirement or separation under subsection (a) plus the number of officers retired for age may not exceed the whole number nearest 4 percent of the total number of officers authorized to be on the active list, except as otherwise provided by law.

(c) Effective date of retirements and separations

A retirement or separation under subsection (a) shall take effect on the first day of the sixth month beginning after the date on which the Secretary approves the retirement or separation, except that if the officer concerned requests an earlier retirement or separation date, the date shall be as determined by the Secretary.

(d) Deferment of retirement or separation for medical reasons

(1) In general

If the Secretary determines that the evaluation of the medical condition of an officer requires hospitalization or medical observation that cannot be completed with confidence in a manner consistent with the officer's well-being before the date on which the officer would otherwise be required to retire or be separated under this section, the Secretary may defer the retirement or separation of the officer.

(2) Consent required

A deferment may only be made with the written consent of the officer involved. If the officer does not provide written consent to the deferment, the officer shall be retired or separated as scheduled.

(3) Limitation

A deferment of retirement or separation under this subsection may not extend for more than 30 days after completion of the evaluation requiring hospitalization or medical observation.

(Pub. L. 107–372, title II, §241, Dec. 19, 2002, 116 Stat. 3088; Pub. L. 116–259, title IV, §401, Dec. 23, 2020, 134 Stat. 1177; Pub. L. 117–263, div. K, title CXVII, §11705(a), Dec. 23, 2022, 136 Stat. 4157.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 853g of this title prior to repeal by Pub. L. 107–372.

Amendments

2022—Subsec. (a)(1). Pub. L. 117–263 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "an officer in the permanent grade of captain or commander may be transferred to the retired list; and".

2020—Subsec. (d). Pub. L. 116–259 added subsec. (d).
33 U.S.C. § 59f (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 59f: Boston Inner Harbor and Fort Point Channel, Massachusetts
Boston Inner Harbor and Fort Point Channel, Massachusetts
Status: in_force

That portion of Boston Inner Harbor and Fort Point Channel in Suffolk County, Commonwealth of Massachusetts, lying within the following described area is hereby declared to be not a navigable water of the United States within the meaning of the laws of the United States: Beginning at the intersection of the northeasterly sideline of Northern Avenue and the westerly United States Pierhead Line of the Fort Point Channel and running northwesterly by the northwesterly sideline of Northern Avenue to the westerly sideline of Atlantic Avenue: thence turning and running northerly and northwesterly by the westerly sideline of Atlantic Avenue and of Commercial Street to the southeasterly sideline of Hanover Street; thence turning and running northeasterly by the southeasterly sideline of Hanover Street to the southwesterly property line of the United States Coast Guard Base; thence turning and running southeasterly by the southwesterly property line of the United States Coast Guard Base to the southeasterly property line of the United States Coast Guard Base; thence turning and running northeasterly by the southeasterly property line of the United States Coast Guard Base extended to the United States Pierhead Line; thence turning and running southeasterly, southerly and southwesterly by the United States Pierhead Line, to the point of beginning.

(Pub. L. 90–312, May 18, 1968, 82 Stat. 125.)
33 U.S.C. § 2322 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2322: Single entities
Single entities
Status: in_force

For purposes of Federal participation in water resource development projects which are to be carried out by the Secretary, benefits which are to be provided to a facility owned by a State (including the District of Columbia and a territory or possession of the United States), county, municipality, or other public entity shall not be treated as benefits to be provided a single owner or single entity. The Secretary shall not treat such a facility as a single owner or single entity for any purpose.

(Pub. L. 101–640, title III, §317, Nov. 28, 1990, 104 Stat. 4641.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 1990, 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. 101–640, set out as a note under section 2201 of this title.
33 U.S.C. § 555a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 555a: Petroleum product information
Petroleum product information
Status: in_force

(a) Disclosure to States

The Secretary shall disclose petroleum product information to any State taxing agency making a request under subsection (b). Such information shall be disclosed for the purpose of, and only to the extent necessary in, the administration of State tax laws.

(b) Requests for disclosure

Disclosure of information under this section shall be permitted only upon written request by the head of the State taxing agency and only to the representatives of such agency designated in such written request as the individuals who are to inspect or to receive the information on behalf of such agency. Any such representative shall be an employee or legal representative of such agency.

(c) Modes of disclosure

(1) Requests for the disclosure of information under this section, and such disclosure, shall be made in such manner and at such time and place as shall be prescribed by the Secretary.

(2) Information disclosed to any person under this section may be provided in the form of written documents or reproductions of such documents, or by any other mode or means which the Secretary determines necessary or appropriate. A reasonable fee may be prescribed for furnishing such information.

(3) Any reproduction of any document or other matter made in accordance with this subsection shall have the same legal status as the original, and any such reproduction shall, if properly authenticated, be admissible in evidence in any judicial or administrative proceeding as if it were the original, whether or not the original is in existence.

(d) Confidentiality of disclosed information

The Secretary shall not disclose information to a State taxing agency of a State under this section unless such State has in effect provisions of law which—

(1) exempt such information from disclosure under a State law requiring agencies of the State to make information available to the public, or

(2) otherwise protect the confidentiality of the information.

Nothing in the preceding sentence shall be construed to prohibit the disclosure by an officer or employee of a State of information to another officer or employer of such State (or political subdivision of such State) to the extent necessary in the administration of State tax laws.

(e) Definitions

For purposes of this section, the term—

(1) "petroleum product information" means information relating to petroleum products transported by vessel which is received by the Secretary (A) under section 555 of this title, or (B) under any other legal authority; and

(2) "State taxing agency" means any State agency, body, or commission, or its legal representative, which is charged under the laws of such State with responsibility for the administration of State tax laws.

(f) Omitted

(Pub. L. 99–662, title IX, §919, Nov. 17, 1986, 100 Stat. 4192.)

Editorial Notes

Codification

Subsec. (f) of this section amended section 555 of this title.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 2201 of this title.
33 U.S.C. § 875 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter I: GENERAL PROVISIONS / Section 875: Powers of officers as notaries
Powers of officers as notaries
Status: in_force

In places where the National Oceanic and Atmospheric Administration is serving which are not within the jurisdiction of any one of the States of the continental United States, excluding Alaska, commanding officers of National Oceanic and Atmospheric Administration vessels, and such other officers of the National Oceanic and Atmospheric Administration as the Secretary of Commerce may designate, may exercise the general powers of the notary public in the administration of oaths for the execution, acknowledgment, and attestation of instruments and papers, and the performance of all other notarial acts. The powers conferred shall be limited to acts performed in behalf of the personnel of the National Oceanic and Atmospheric Administration or in connection with the proper execution of the functions of that agency.

(Aug. 3, 1956, ch. 932, §1, 70 Stat. 988; Pub. L. 86–624, §24, July 12, 1960, 74 Stat. 418; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090.)

Editorial Notes

Amendments

1960—Pub. L. 86–624 substituted "the States of the continental United States, excluding Alaska" for "the several States".

Executive Documents

Transfer of Functions

Coast and Geodetic Survey consolidated with Weather Bureau to form a new agency in Department of Commerce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out as a note under section 851 of this title. The Reorg. Plan also transferred to Secretary of Commerce all functions of Coast and Geodetic Survey and Director of Survey. Subsequently, Environmental Science Services Administration abolished, National Oceanic and Atmospheric Administration established, and Commissioned Officer Corps of ESSA redesignated Commissioned Officer Corps of NOAA by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees. For further details, see note set out under section 851 of this title.
33 U.S.C. § 1486 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 28: POLLUTION CASUALTIES ON THE HIGH SEAS: UNITED STATES INTERVENTION / Section 1486: Oil Spill Liability Trust Fund
Oil Spill Liability Trust Fund
Status: in_force

The Oil Spill Liability Trust Fund shall be available to the Secretary for actions taken under sections 1474 and 1476 of this title.

(Pub. L. 93–248, §17, Feb. 5, 1974, 88 Stat. 10; Pub. L. 101–380, title II, §2001, Aug. 18, 1990, 104 Stat. 506.)

Editorial Notes

Amendments

1990—Pub. L. 101–380 amended section generally. Prior to amendment, section read as follows: "The revolving fund established under section 1321(k) of this title shall be available to the Secretary for Federal actions and activities under section 1474 of this title."

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.
33 U.S.C. § 672 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 14: CALIFORNIA DEBRIS COMMISSION / Section 672: Notice of petition for dumping grounds, etc.; hearing
Notice of petition for dumping grounds, etc.; hearing
Status: in_force

A notice specifying briefly the contents of said petition and fixing a time previous to which all proofs are to be submitted shall be published by said commission in some newspaper or newspapers of general circulation in the communities interested in the matter set forth therein. If published in a daily paper such publication shall continue for at least ten days; if in a weekly paper in at least three issues of the same. Pending publication thereof said commission, or a committee thereof, shall examine the mine and premises described in such petition. On or before the time so fixed all parties interested, either as petitioners or contestants, whether miners or agriculturists, may file affidavits, plans, and maps in support of their respective claims. Further hearings, upon notice to all parties of record, may be granted by the commission when necessary.

(Mar. 1, 1893, ch. 183, §12, 27 Stat. 508.)

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. § 1231a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 25: PORTS AND WATERWAYS SAFETY PROGRAM / Section 1231a: Repealed. Pub. L. 115-282, title VI, §601(c)(6)(A), Dec. 4, 2018, 132 Stat. 4290
Repealed. Pub. L. 115-282, title VI, §601(c)(6)(A), Dec. 4, 2018, 132 Stat. 4290
Status: repealed

Section, Pub. L. 96–380, Oct. 6, 1980, 94 Stat. 1521; Pub. L. 97–322, title I, §118(d), Oct. 15, 1982, 96 Stat. 1587; Pub. L. 98–557, §16(a), Oct. 30, 1984, 98 Stat. 2866; Pub. L. 101–225, title I, §105(b), Dec. 12, 1989, 103 Stat. 1910; Pub. L. 104–324, title III, §304(c), Oct. 19, 1996, 110 Stat. 3917; Pub. L. 107–295, title III, §336, Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108–293, title IV, §418(g), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 111–281, title VI, §621(e), Oct. 15, 2010, 124 Stat. 2976, established the Towing Safety Advisory Committee. See section 15108 of Title 46, Shipping.
33 U.S.C. § 701f (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 15: FLOOD CONTROL / Section 701f: Authorization of appropriations
Authorization of appropriations
Status: in_force

The sum of $310,000,000 is authorized to be appropriated for carrying out the improvements herein and the sum of $10,000,000 is authorized to be appropriated and expended in equal amounts by the Departments of the Army and Agriculture for carrying out any examinations and surveys provided for in this Act and other Acts of Congress.

(June 22, 1936, ch. 688, §9, 49 Stat. 1596; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

References in Text

"Herein", and "this Act", referred to in text, means act June 22, 1936, ch. 688, 49 Stat. 1570, popularly known as the Flood Control Act of June 22, 1936, which to the extent classified to the Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see Tables. Portions of section 5 of act June 22, 1936, enumerating certain improvements with regard to flood control, and sections 6 and 7 of that act, relating to examinations and surveys, were not classified to the Code.

Codification

The first proviso, relating to a limitation upon the amount of expenditure during the fiscal year 1937, was deleted as executed and obsolete. The second proviso, relating to payment from funds available to the Works Progress Administration, was also omitted as executed and obsolete. The Works Progress Administration was renamed the Work Projects Administration by Reorg. Plan No. 1 of 1939, §306, eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1423, set out in the Appendix to Title 5, Government Organization and Employees. Liquidation was ordered by President's letter of December 4, 1942, and appropriations for it authorized by act July 12, 1943, ch. 229, title I, 57 Stat. 540.

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.

Adoption of Improvements

Works of improvement adopted and authorized to be prosecuted are listed in section 5 of act June 22, 1936, ch. 688, 49 Stat. 1596, referred to in this section, as amended or supplemented by acts Aug. 28, 1937, ch. 877, §1, 50 Stat. 876; June 28, 1938, ch. 795, §4, 52 Stat. 1216; Aug. 11, 1939, ch. 699, §4, 53 Stat. 1414; Aug. 18, 1941, ch. 377, §3, 55 Stat. 639; Dec. 22, 1944, ch. 665, §10, 58 Stat. 891; July 24, 1946, ch. 596, §10, 60 Stat. 643.

Authorization of Examinations and Surveys

Localities at which preliminary examinations and surveys are authorized to be made are listed in acts June 22, 1936, ch. 688, §6, 49 Stat. 1592; Aug. 28, 1937, ch. 877, §5, 50 Stat. 877; and June 28, 1938, ch. 795, §6, 52 Stat. 1223; Aug. 11, 1939, ch. 699, §6, 53 Stat. 1415; Aug. 18, 1941, ch. 377, §4, 55 Stat. 648; Dec. 22, 1944, ch. 665, §11, 58 Stat. 903; July 24, 1946, ch. 596, §11, 60 Stat. 651.

Continuance of Examinations and Surveys

Localities at which the continuance of examinations and surveys already undertaken is authorized are listed in act June 22, 1936, ch. 688, §7, 49 Stat. 1596.
33 U.S.C. § 1302 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter II: GRANTS FOR CONSTRUCTION OF TREATMENT WORKS / Section 1302: Wastewater efficiency grant pilot program
Wastewater efficiency grant pilot program
Status: in_force

(a) Establishment

Subject to the availability of appropriations, the Administrator shall establish a wastewater efficiency grant pilot program (referred to in this section as the "pilot program") to award grants to owners or operators of publicly owned treatment works to carry out projects that create or improve waste-to-energy systems.

(b) Selection

(1) Applications

To be eligible to receive a grant under the pilot program, an owner or operator of a treatment works shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.

(2) Number of recipients

The Administrator shall select not more than 15 recipients of grants under the pilot program from applications submitted under paragraph (1).

(c) Use of funds

(1) In general

Subject to paragraph (2), a recipient of a grant under the pilot program may use grant funds for—

(A) sludge collection;

(B) installation of anaerobic digesters;

(C) methane capture;

(D) methane transfer;

(E) facility upgrades and retrofits necessary to create or improve waste-to-energy systems; and

(F) other new and emerging, but proven, technologies that transform waste to energy.

(2) Limitation

A grant to a recipient under the pilot program shall be not more than $4,000,000.

(d) Reports

(1) Report to the Administrator

Not later than 2 years after receiving a grant under the pilot program and each year thereafter for which amounts are made available for the pilot program under subsection (e), the recipient of the grant shall submit to the Administrator a report describing the impact of that project on the communities within 3 miles of the treatment works.

(2) Report to Congress

Not later than 1 year after first awarding grants under the pilot program and each year thereafter for which amounts are made available for the pilot program under subsection (e), the Administrator shall submit to Congress a report describing—

(A) the applications received by the Administrator for grants under the pilot program; and

(B) the projects for which grants were awarded under the pilot program.

(e) Authorization of appropriations

(1) In general

There is authorized to be appropriated to carry out the pilot program $20,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.

(2) Limitation on use of funds

Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.

(June 30, 1948, ch. 758, title II, §222, as added Pub. L. 117–58, div. E, title II, §50202, Nov. 15, 2021, 135 Stat. 1158.)
33 U.S.C. § 2235 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter II: HARBOR DEVELOPMENT / Section 2235: Construction in usable increments
Construction in usable increments
Status: in_force

Any navigation project for a harbor or inland harbor authorized by this subchapter or any other provision of law enacted before, on, or after November 17, 1986, may be constructed in usable increments.

(Pub. L. 99–662, title II, §207, Nov. 17, 1986, 100 Stat. 4102.)
33 U.S.C. § 860 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter I: GENERAL PROVISIONS / Section 860: Repealed. Pub. L. 87-649, §14b, Sept. 7, 1962, 76 Stat. 499
Repealed. Pub. L. 87-649, §14b, Sept. 7, 1962, 76 Stat. 499
Status: repealed

Section, act May 18, 1920, ch. 190, §11 (words before the first semicolon), 41 Stat. 603, made pay and allowances of naval officers applicable to Coast and Geodetic Survey generally.
33 U.S.C. § 891g (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter III: NOAA FLEET MODERNIZATION / Section 891g: Interoperability
Interoperability
Status: in_force

The Secretary shall consult with the Oceanographer of the Navy regarding appropriate measures that should be taken, on a reimbursable basis, to ensure that NOAA vessels are interoperable with vessels of the Department of the Navy, including with respect to operation, maintenance, and repair of those vessels.

(Pub. L. 102–567, title VI, §609, Oct. 29, 1992, 106 Stat. 4303.)

Statutory Notes and Related Subsidiaries

Interoperability of Vessels

Pub. L. 102–567, title IV, §401(b)(5), Oct. 29, 1992, 106 Stat. 4291, provided that: "The Secretary of Commerce shall consult with the Oceanographer of the Navy regarding appropriate cost effective and practical measures to allow vessels of the National Oceanic and Atmospheric Administration to be interoperable with vessels of the Department of the Navy, including with respect to operation, maintenance, and repair of those vessels."
33 U.S.C. § 4231 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 55: SAVE OUR SEAS 2.0 / Subchapter I: COMBATING MARINE DEBRIS / Section 4231: Definitions
Definitions
Status: in_force

In this part:

(1) Prize competition

The term "prize competition" means the competition for the award of the Genius Prize for Save Our Seas Innovations established under section 4232 of this title.

(2) Secretary

The term "Secretary" means the Secretary of Commerce.

(Pub. L. 116–224, title I, §121, Dec. 18, 2020, 134 Stat. 1081.)
33 U.S.C. § 701u (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 15: FLOOD CONTROL / Section 701u: International engineering or scientific conferences; attendance
International engineering or scientific conferences; attendance
Status: in_force

The Secretary of the Army is authorized to allot from any appropriations heretofore or hereafter made for flood control or rivers and harbors, funds for payment of expenses of representatives of the Corps of Engineers engaged on flood control and river and harbor work to international engineering or scientific conferences to be held outside the United States: Provided, That not more than ten representatives of the Corps of Engineers shall attend any one conference.

(May 17, 1950, ch. 188, title II, §211, 64 Stat. 183; Pub. L. 104–303, title II, §222, Oct. 12, 1996, 110 Stat. 3697.)

Editorial Notes

Amendments

1996—Pub. L. 104–303 substituted "outside the United States" for "outside the continental limits of the United States" and struck out before period at end ": And provided further, That not more than $25,000 shall be allotted during any one fiscal year for this purpose".
33 U.S.C. § 3027 (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 3027: General qualification of officers for promotion to higher permanent grade
General qualification of officers for promotion to higher permanent grade
Status: in_force

No officer may be promoted to a higher permanent grade on the active list until the officer has passed a satisfactory mental and physical examination in accordance with regulations prescribed by the Secretary.

(Pub. L. 107–372, title II, §227, Dec. 19, 2002, 116 Stat. 3085.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 854 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 2264 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter IV: WATER RESOURCES STUDIES / Section 2264: Repealed. Pub. L. 116-260, div. AA, title III, §360(a), Dec. 27, 2020, 134 Stat. 2732
Repealed. Pub. L. 116-260, div. AA, title III, §360(a), Dec. 27, 2020, 134 Stat. 2732
Status: repealed

Section, Pub. L. 99–662, title VII, §710, Nov. 17, 1986, 100 Stat. 4160; Pub. L. 106–109, §8(b), Nov. 24, 1999, 113 Stat. 1495, related to deauthorization of studies.
33 U.S.C. § 564 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 564: Repealed. July 3, 1943, ch. 189, §5, 57 Stat. 374
Repealed. July 3, 1943, ch. 189, §5, 57 Stat. 374
Status: repealed

Section, acts June 25, 1910, ch. 382, §4, 36 Stat. 676; June 5, 1920, ch. 252, §9, 41 Stat. 1015, related to settlement of claims for injury to or loss of private property.
33 U.S.C. § 1 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 1: Regulations by Secretary of the Army for navigation of waters generally
Regulations by Secretary of the Army for navigation of waters generally
Status: in_force

It shall be the duty of the Secretary of the Army to prescribe such regulations for the use, administration, and navigation of the navigable waters of the United States as in his judgment the public necessity may require for the protection of life and property, or of operations of the United States in channel improvement, covering all matters not specifically delegated by law to some other executive department. Such regulations shall be posted, in conspicuous and appropriate places, for the information of the public; and every person and every corporation which shall violate such regulations shall be deemed guilty of a misdemeanor and, on conviction thereof in any district court of the United States within whose territorial jurisdiction such offense may have been committed, shall be punished by a fine not exceeding $500, or by imprisonment (in the case of a natural person) not exceeding six months, in the discretion of the court.

Any regulations prescribed by the Secretary of the Army in pursuance of this section may be enforced as provided in section 413 of this title, the provisions whereof are made applicable to the said regulations.

(Aug. 18, 1894, ch. 299, §4, 28 Stat. 362; June 13, 1902, ch. 1079, §§6, 11, 32 Stat. 374; Aug. 8, 1917, ch. 49, §7, 40 Stat. 266; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

Codification

The first paragraph of this section is from section 4 of act Aug. 18, 1894, popularly known as the "River and Harbor Act of 1894", as amended.

As originally enacted, said section 4 made it the duty of the Secretary of War to prescribe rules and regulations for the use, administration, and navigation of any or all canals and similar works of navigation owned, operated, or maintained by the United States, and provided for the posting of such regulations and the punishment of violations thereof.

Said section 4 was amended by section 11 of act June 13, 1902, principally by adding to the original section provisions authorizing the Secretary also to prescribe regulations to govern the speed and movement of vessels and other water craft in any public navigable channel which had been improved under authority of Congress, whenever in his judgment such regulations were necessary to protect such improved channel from injury or to prevent interference with the operations of the United States in improving navigable waters or injury to any plant that might be employed in such operations.

Section 4 was also amended by section 7 of act Aug. 8, 1917, to read as set forth in the first paragraph hereof.

The last paragraph of this section is from section 6 of act June 13, 1902. Said section 6 is also the source of the last proviso in section 499 of this title.

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.

Rules and Regulations

Administrative provisions covering definitions which the Coast Guard uses to examine waters to determine whether the Coast Guard has jurisdiction on those waters under particular laws of the United States are set out in chapter I, subchapter A, part 2, of Title 33, Navigation and Navigable Waters, in the Code of Federal Regulations. Such part 2, consisting of sections 2.01–1 to 2.10–10, sets out definitions of jurisdictional terms and provides for the availability of jurisdictional decisions.
33 U.S.C. § 2340 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2340: Revision of project partnership agreement; cost sharing
Revision of project partnership agreement; cost sharing
Status: in_force

(a) Federal allocation

Upon authorization by law of an increase in the maximum amount of Federal funds that may be allocated for a water resources project or an increase in the total cost of a water resources project authorized to be carried out by the Secretary, the Secretary shall enter into a revised partnership agreement for the project to take into account the change in Federal participation in the project.

(b) Cost sharing

An increase in the maximum amount of Federal funds that may be allocated for a water resources project, or an increase in the total cost of a water resources project, authorized to be carried out by the Secretary shall not affect any cost-sharing requirement applicable to the project.

(c) Cost estimates

The estimated Federal and non-Federal costs of water resources projects authorized to be carried out by the Secretary before, on, or after November 8, 2007, are for informational purposes only and shall not be interpreted as affecting the cost-sharing responsibilities established by law.

(Pub. L. 110–114, title II, §2008, Nov. 8, 2007, 121 Stat. 1073.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Reference to Partnership Agreement Deemed Reference to Cooperation Agreement

Reference to partnership agreement deemed to be reference to cooperation agreement, see section 2003(f)(3) of Pub. L. 110–114, set out as a note under section 1962d–5b of Title 42, The Public Health and Welfare.

"Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.
33 U.S.C. § 4217 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 55: SAVE OUR SEAS 2.0 / Subchapter I: COMBATING MARINE DEBRIS / Section 4217: United States release from liability
United States release from liability
Status: in_force

The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligation of the Foundation.

(Pub. L. 116–224, title I, §117, Dec. 18, 2020, 134 Stat. 1080.)
33 U.S.C. § 883g (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter II: SURVEYS / Section 883g: Repealed. Pub. L. 88-611, §4(a)(2), Oct. 2, 1964, 78 Stat. 991
Repealed. Pub. L. 88-611, §4(a)(2), Oct. 2, 1964, 78 Stat. 991
Status: repealed

Section, act Aug. 6, 1947, ch. 504, §7, 61 Stat. 788, provided for acceptance of gifts or bequests and exemption from Federal taxes. See sections 1522 and 1523 of Title 15, Commerce and Trade.
33 U.S.C. § 2353 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2353: Structural health monitoring
Structural health monitoring
Status: in_force

(a) In general

The Secretary shall design and develop a structural health monitoring program to assess and improve the condition of infrastructure constructed and maintained by the Corps of Engineers, including research, design, and development of systems and frameworks for—

(1) response to flood and earthquake events;

(2) predisaster mitigation measures;

(3) lengthening the useful life of the infrastructure; and

(4) identifying risks due to sea level rise.

(b) Consultation and considerations

In developing the program under subsection (a), the Secretary shall—

(1) consult with academic and other experts; and

(2) consider models for maintenance and repair information, the development of degradation models for real-time measurements and environmental inputs, and research on qualitative inspection data as surrogate sensors.

(Pub. L. 114–322, title I, §1151, Dec. 16, 2016, 130 Stat. 1661.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, 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 1002 of Pub. L. 114–322, set out as a note under section 2201 of this title.
33 U.S.C. § 1474 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 28: POLLUTION CASUALTIES ON THE HIGH SEAS: UNITED STATES INTERVENTION / Section 1474: Federal intervention actions
Federal intervention actions
Status: in_force

Upon a determination under section 1472 of this title of a grave and imminent danger to the coastline or related interests of the United States, the Secretary may—

(1) coordinate and direct all public and private efforts directed at the removal or elimination of the threatened pollution damage;

(2) directly or indirectly undertake the whole or any part of any salvage or other action he could require or direct under subsection (1) of this section; and

(3) remove, and, if necessary, destroy the ship and cargo which is the source of the danger.

(Pub. L. 93–248, §5, Feb. 5, 1974, 88 Stat. 9.)
33 U.S.C. § 3602 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 49: INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM / Section 3602: Definitions
Definitions
Status: in_force

In this chapter:

(1) Administrator

The term "Administrator" means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary's capacity as Administrator of the National Oceanic and Atmospheric Administration.

(2) Council

The term "Council" means the National Ocean Research Leadership Council established by section 8932 of title 10.1

(3) Federal assets

The term "Federal assets" means all relevant non-classified civilian coastal and ocean observations, technologies, and related modeling, research, data management, basic and applied technology research and development, and public education and outreach programs, that are managed by member agencies of the Council.

(4) Interagency Ocean Observation Committee

The term "Interagency Ocean Observation Committee" means the committee established under section 3603(c)(2) of this title.

(5) Non-Federal assets

The term "non-Federal assets" means all relevant coastal and ocean observation technologies, related basic and applied technology research and development, and public education and outreach programs that are managed through States, regional organizations, universities, nongovernmental organizations, or the private sector and integrated into the System by a regional coastal observing system, the National Oceanic and Atmospheric Administration, or the agencies participating in the Interagency Ocean Observation Committee.

(6) Regional coastal observing system

The term "regional coastal observing system" means an organizational body that is certified or established by contract or memorandum by the lead Federal agency designated in section 3603(c)(3) of this title and coordinates State, Federal, local, tribal, and private interests at a regional level with the responsibility of engaging the private and public sectors in designing, operating, and improving regional coastal observing systems in order to ensure the provision of data and information that meet the needs of user groups from the respective regions.

(7) Secretary

The term "Secretary" means the Secretary of Commerce, acting through the Administrator.

(8) System

The term "System" means the National Integrated Coastal and Ocean Observation System established under section 3603 of this title.

(9) System Plan

The term "System Plan" means the plan contained in the document entitled "Ocean. US Publication No. 9, The First Integrated Ocean Observing System (IOOS) Development Plan", as updated by the Council under this chapter.

(Pub. L. 111–11, title XII, §12303, Mar. 30, 2009, 123 Stat. 1428; Pub. L. 116–271, title I, §102, Dec. 31, 2020, 134 Stat. 3333.)

Editorial Notes

References in Text

The reference to the National Ocean Research Leadership Council established by section 8932 of title 10, referred to in par. (2), is no longer accurate insofar as section 8932 of title 10 was amended by Pub. L. 116–283 so as to instead refer to the Ocean Policy Committee.

Amendments

2020—Par. (2). Pub. L. 116–271, §102(1), substituted "section 8932" for "section 7902".

Par. (5). Pub. L. 116–271, §102(2), substituted "managed through States, regional organizations, universities, nongovernmental organizations, or the private sector and integrated into the System by a regional coastal observing system, the National Oceanic and Atmospheric Administration, or the agencies participating in the Interagency Ocean Observation Committee" for "integrated into the System and are managed through States, regional organizations, universities, nongovernmental organizations, or the private sector".

Par. (6). Pub. L. 116–271, §102(3), amended par. (6) generally. Prior to amendment, par. (6) related to regional information coordination entities.

Par. (7). Pub. L. 116–271, §102(4), substituted "Administrator" for "National Oceanic and Atmospheric Administration".

1 See References in Text note below.
33 U.S.C. § 4281 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 55: SAVE OUR SEAS 2.0 / Subchapter III: IMPROVING DOMESTIC INFRASTRUCTURE TO PREVENT MARINE DEBRIS / Section 4281: Strategy for improving post-consumer materials management and water management
Strategy for improving post-consumer materials management and water management
Status: in_force

(a) In general

Not later than 1 year after December 18, 2020, the EPA Administrator shall, in consultation with stakeholders, develop a strategy to improve post-consumer materials management and infrastructure for the purpose of reducing plastic waste and other post-consumer materials in waterways and oceans.

(b) Release

On development of the strategy under subsection (a), the EPA Administrator shall—

(1) distribute the strategy to States; and

(2) make the strategy publicly available, including for use by—

(A) for-profit private entities involved in post-consumer materials management; and

(B) other nongovernmental entities.

(Pub. L. 116–224, title III, §301, Dec. 18, 2020, 134 Stat. 1092.)
33 U.S.C. § 1389 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter VI: STATE WATER POLLUTION CONTROL REVOLVING FUNDS / Section 1389: Clean watersheds needs survey
Clean watersheds needs survey
Status: in_force

(a) Requirement

Not later than 2 years after November 15, 2021, and not less frequently than once every 4 years thereafter, the Administrator shall—

(1) conduct and complete an assessment of capital improvement needs for all projects that are eligible under section 1383(c) of this title for assistance from State water pollution control revolving funds; and

(2) submit to Congress a report describing the results of the assessment completed under paragraph (1).

(b) Authorization of appropriations

There is authorized to be appropriated to carry out the initial needs survey under subsection (a) $5,000,000, to remain available until expended.

(June 30, 1948, ch. 758, title VI, §609, as added Pub. L. 117–58, div. E, title II, §50220, Nov. 15, 2021, 135 Stat. 1180.)
33 U.S.C. § 578a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 578a: Disposition studies
Disposition studies
Status: in_force

(a) In general

In carrying out a disposition study for a project of the Corps of Engineers, including a disposition study under section 549a of this title or an assessment under section 6002 of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349), the Secretary shall consider the extent to which the property concerned has economic, cultural, historic, or recreational significance or impacts at the national, State, or local level.

(b) Completion of assessment and inventory

Not later than 1 year after December 16, 2016, the Secretary shall complete the assessment and inventory required under section 6002(a) of the Water Resources Reform and Development Act of 2014 (Public Law 113–121; 128 Stat. 1349).

(Pub. L. 114–322, title I, §1165, Dec. 16, 2016, 130 Stat. 1670.)

Editorial Notes

References in Text

Section 6002 of the Water Resources Reform and Development Act of 2014, referred to in text, is section 6002 of Pub. L. 113–121, title VI, June 10, 2014, 128 Stat. 1349, which is not classified to the Code.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114–322, set out as a note under section 2201 of this title.
33 U.S.C. § 650 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 13: MISSISSIPPI RIVER COMMISSION / Section 650: Mississippi River below Rock Island; levee and bank protection
Mississippi River below Rock Island; levee and bank protection
Status: in_force

Any funds which are appropriated by Congress for improving the Mississippi River between Head of Passes and the mouth of the Ohio River, and which may be allotted to levees, may be expended, under the direction of the Secretary of the Army, in accordance with the plans, specifications, and recommendations of the Mississippi River Commission, as approved by the Chief of Engineers, for levees upon any part of said river between Head of Passes and Rock Island, Illinois, in such manner as, in their opinion, shall best improve navigation and promote the interest of commerce at all stages of the river.

(July 27, 1916, ch. 260, §1, 39 Stat. 402; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

Codification

Section is from part of section 1 of the Rivers and Harbors Appropriation Act of 1916.

Prior Provisions

This provision superseded act June 4, 1906, ch. 2572, 34 Stat. 208, which contained similar provisions.

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. § 717 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 16: LIGHTHOUSES / Section 717: LXXXV
LXXXV
Status: in_force

Section, act June 17, 1910, ch. 301, §11, 36 Stat. 539, related to detail of Army engineers as construction aids. Section 11 of act June 17, 1910, also enacted former section 743 of this title.
33 U.S.C. § 3402 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 47: OCEAN EXPLORATION / Subchapter I: EXPLORATION / Section 3402: Program established
Program established
Status: in_force

The Administrator of the National Oceanic and Atmospheric Administration shall, in consultation with the National Science Foundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with other Federal ocean research and exploration programs. To the extent appropriate, the Administrator shall seek to facilitate coordination of data and information management systems, outreach and education programs to improve public understanding of ocean and coastal resources, and development and transfer of technologies to facilitate ocean research and ocean exploration and characterization efforts.

(Pub. L. 111–11, title XII, §12002, Mar. 30, 2009, 123 Stat. 1417; Pub. L. 117–263, div. J, title CIII, §10305(b), Dec. 23, 2022, 136 Stat. 3971.)

Editorial Notes

Amendments

2022—Pub. L. 117–263 struck out "and undersea" after "Federal ocean" in first sentence and substituted "research and ocean exploration and characterization efforts" for "and undersea research and exploration" in second sentence.
33 U.S.C. § 2762 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 40: OIL POLLUTION / Subchapter IV: OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM / Section 2762: Submerged oil program
Submerged oil program
Status: in_force

(a) Program

(1) Establishment

The Under Secretary of Commerce for Oceans and Atmosphere, in conjunction with the Commandant of the Coast Guard, shall establish a program to detect, monitor, and evaluate the environmental effects of submerged oil in the Delaware River and Bay region. The program shall include the following elements:

(A) The development of methods to remove, disperse, or otherwise diminish the persistence of submerged oil.

(B) The development of improved models and capacities for predicting the environmental fate, transport, and effects of submerged oil.

(C) The development of techniques to detect and monitor submerged oil.

(2) Report

Not later than 3 years after July 11, 2006, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the activities carried out under this subsection and activities proposed to be carried out under this subsection.

(b) Demonstration project

(1) Removal of submerged oil

The Commandant of the Coast Guard, in conjunction with the Under Secretary of Commerce for Oceans and Atmosphere, shall conduct a demonstration project for the purpose of developing and demonstrating technologies and management practices to remove submerged oil from the Delaware River and other navigable waters.

(2) Funding

There is authorized to be appropriated to the Commandant of the Coast Guard $2,000,000 for each of fiscal years 2006 through 2010 to carry out this subsection.

(Pub. L. 101–380, title VII, §7002, as added Pub. L. 109–241, title VI, §605(a)(2), July 11, 2006, 120 Stat. 555.)
33 U.S.C. § 559 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 559: Disposition of rentals for Government plants
Disposition of rentals for Government plants
Status: in_force

Amounts paid after August 8, 1917, by private parties or other agencies for rental of plant owned by the Government in connection with the prosecution of river and harbor works shall be deposited in each case to the credit of the appropriation to which the plant belongs.

(Aug. 8, 1917, ch. 49, §13, 40 Stat. 268.)

Editorial Notes

Codification

Section is from act Aug. 8, 1917, popularly known as the "Rivers and Harbors Appropriation Act of 1917".
33 U.S.C. § 2293 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2293: Reprogramming during national emergencies
Reprogramming during national emergencies
Status: in_force

(a) Termination or deferment of civil works projects; application of resources to national defense projects

In the event of a declaration of war or a declaration by the President of a national emergency in accordance with the National Emergencies Act [50 U.S.C. 1601 et seq.] that requires or may require use of the Armed Forces, the Secretary, without regard to any other provision of law, may (1) terminate or defer the construction, operation, maintenance, or repair of any Department of the Army civil works project that he deems not essential to the national defense, and (2) apply the resources of the Department of the Army's civil works program, including funds, personnel, and equipment, to construct or assist in the construction, operation, maintenance, and repair of authorized civil works, military construction, and civil defense projects that are essential to the national defense.

(b) Termination of state of war or national emergency

The Secretary shall immediately notify the appropriate committees of Congress of any actions taken pursuant to the authorities provided by this section, and cease to exercise such authorities not later than 180 calendar days after the termination of the state of war or national emergency, whichever occurs later.

(Pub. L. 99–662, title IX, §923, Nov. 17, 1986, 100 Stat. 4194.)

Editorial Notes

References in Text

The National Emergencies Act, referred to in subsec. (a), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.
33 U.S.C. § 554 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 554: Duty of shipowners and officers to furnish information to person in local charge of improvement; penalty
Duty of shipowners and officers to furnish information to person in local charge of improvement; penalty
Status: in_force

Owners, agents, masters, and clerks of vessels arriving at or departing from localities where works of river and harbor improvement are carried on shall furnish, on application of the persons in local charge of the works, a comprehensive statement of vessels, passengers, freight, and tonnage.

Every person or persons offending against the provisions of this section shall, for each and every offense, be liable to a fine of $100, or imprisonment not exceeding two months, to be enforced in any district court in the United States within whose territorial jurisdiction such offense may have been committed.

(Feb. 21, 1891, ch. 252, §§1, 2, 26 Stat. 766.)
33 U.S.C. § 426k (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 426k: Five year demonstration program to temporarily increase diversion of water from Lake Michigan at Chicago, Illinois
Five year demonstration program to temporarily increase diversion of water from Lake Michigan at Chicago, Illinois
Status: in_force

(a) Authorization of Secretary of the Army; purpose; amounts of increase; incremental accomplishment; effects on Illinois Waterway; responsibilities for development, implementation, and supervision

In order to alleviate water damage on the shoreline of Lake Michigan and others of the Great Lakes during periods of abnormally high water levels in the Great Lakes, and to improve the water quality of the Illinois Waterway, the Secretary of the Army, acting through the Chief of Engineers, is authorized to carry out a five-year demonstration program to temporarily increase the diversion of water from Lake Michigan at Chicago, Illinois, for the purpose of testing the practicability of increasing the average annual diversion from the present limit of three thousand two hundred cubic feet per second to ten thousand cubic feet per second. The demonstration program will increase the controllable diversion by various amounts calculated to raise the average annual diversion above three thousand two hundred cubic feet per second up to ten thousand cubic feet per second. The increase in diversion rate will be accomplished incrementally and will take into consideration the effects of such increase on the Illinois Waterway. The program will be developed by the Chief of Engineers in cooperation with the State of Illinois and the Metropolitan Sanitary District of Greater Chicago. The program will be implemented by the State of Illinois and the Metropolitan Sanitary District of Greater Chicago under the supervision of the Chief of Engineers.

(b) Establishment of monthly controllable diversion rates; average annual level of Lake Michigan and total diversion for succeeding accounting year

During the demonstration program a controllable diversion rate will be established for each month calculated to establish an annual average diversion from three thousand two hundred cubic feet per second to not more than ten thousand cubic feet per second. When the level of Lake Michigan is below its average level, the total diversion for the succeeding accounting year shall not exceed three thousand two hundred cubic feet per second on an annual basis. The average level of Lake Michigan will be based upon the average monthly level for the period from 1900 to 1975.

(c) River stages approaching bankfull conditions on Illinois Waterway or Mississippi River or further increased diversion adversely affecting St. Lawrence Seaway water levels: limitation on diversion

When river stages approach or are predicted to approach bankfull conditions at the established flood warning stations on the Illinois Waterway or the Mississippi River, or when further increased diversion of water from Lake Michigan would adversely affect water levels necessary for navigational requirements of the Saint Lawrence Seaway in its entirety throughout the Saint Lawrence River and Great Lakes-Saint Lawrence Seaway, water shall not be diverted directly from Lake Michigan at the Wilmette, O'Brien, or Chicago River control structures other than as necessary for navigational requirements.

(d) Additional study and demonstration program: determination of effects on Great Lakes levels and Illinois Waterway water quality and susceptibility to additional flooding and investigation of other adverse or beneficial impacts; report and recommendations to Congress

The Chief of Engineers shall conduct a study and a demonstration program to determine the effects of the increased diversion on the levels of the Great Lakes, on the water quality of the Illinois Waterway, and on the susceptibility of the Illinois Waterway to additional flooding. The study and demonstration program will also investigate any adverse or beneficial impacts which result from this section. The Chief of Engineers, at the end of five years after October 22, 1976, will submit to the Congress the results of this study and demonstration program including recommendations whether to continue this authority or to change the criteria stated in subsection (b) of this section.

(e) "Controllable diversion" defined

For purposes of this section, controllable diversion is defined as that diversion at Wilmette, O'Brien, and Chicago River control structures which is not attributable to leakage or which is not necessary for navigational requirements.

(Pub. L. 94–587, §166, Oct. 22, 1976, 90 Stat. 2934.)
33 U.S.C. § 494a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 11: BRIDGES OVER NAVIGABLE WATERS / Subchapter I: GENERAL PROVISIONS / Section 494a: Study of bridges over navigable waters
Study of bridges over navigable waters
Status: in_force

The Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a comprehensive study on the construction or alteration of any bridge, drawbridge, or causeway over the navigable waters of the United States with a channel depth of 25 feet or greater that may impede or obstruct future navigation to or from port facilities and for which a permit under the Act of March 23, 1906 (33 U.S.C. 491 et seq.), popularly known as the Bridge Act of 1906, was requested during the period beginning on January 1, 2006, and ending on August 3, 2011.

(Pub. L. 111–281, title IX, §905, Oct. 15, 2010, 124 Stat. 3012; Pub. L. 112–213, title VII, §702(a), Dec. 20, 2012, 126 Stat. 1580.)

Editorial Notes

References in Text

Act of March 23, 1906 (33 U.S.C. 491 et seq.), popularly known as the Bridge Act of 1906, referred to in text, is act Mar. 23, 1906, ch. 1130, 34 Stat. 84, which enacted sections 491 to 494 and 495 to 498 of this title. For complete classification of this Act of the Code, see Short Title note set out under section 491 of this title and Tables.

Amendments

2012—Pub. L. 112–213 amended section generally. Prior to amendment, text read as follows: "The Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a comprehensive study on the proposed construction or alteration of any bridge, drawbridge, or causeway over navigable waters with a channel depth of 25 feet or greater of the United States that may impede or obstruct future navigation to or from port facilities."
33 U.S.C. § 675 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 14: CALIFORNIA DEBRIS COMMISSION / Section 675: Conditions precedent for commencement of mining operations
Conditions precedent for commencement of mining operations
Status: in_force

No permission granted to a mine owner or owners under this chapter shall take effect, so far as regards the working of a mine, until all impounding dams or other restraining works, if any are prescribed by the order granting such permission, have been completed and until the impounding dams or other restraining works or settling reservoirs provided by said commission have reached such a stage as, in the opinion of said commission, it is safe to use the same: Provided, however, That if said commission shall be of the opinion that the restraining and other works already constructed at the mine or mines shall be sufficient to protect the navigable rivers of said systems and the work of said commission, then the owner or owners of such mine or mines may be permitted to commence operations.

(Mar. 1, 1893, ch. 183, §15, 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. § 2281a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2281a: Tribal Liaison
Tribal Liaison
Status: in_force

(a) In general

Beginning not later than 1 year after December 23, 2022, the District Commander for each Corps of Engineers district that contains a Tribal community shall have on staff a Tribal Liaison.

(b) Duties

Each Tribal Liaison shall make recommendations to the applicable District Commander regarding, and be responsible for—

(1) removing barriers to access to, and participation in, Corps of Engineers programs for Tribal communities, including by improving implementation of section 2213(m) of this title;

(2) improving outreach to, and engagement with, Tribal communities about relevant Corps of Engineers programs and services;

(3) identifying and engaging with Tribal communities suffering from water resources challenges;

(4) improving, expanding, and facilitating government-to-government consultation between Tribal communities and the Corps of Engineers;

(5) coordinating and implementing all relevant Tribal consultation policies and associated guidelines, including the requirements of section 2356 of title;

(6) training and tools to facilitate the ability of Corps of Engineers staff to effectively engage with Tribal communities in a culturally competent manner, especially in regards to lands of ancestral, historic, or cultural significance to a Tribal community, including burial sites; and

(7) such other issues identified by the Secretary.

(c) Uniformity

Not later than 120 days after December 23, 2022, the Secretary shall finalize guidelines for—

(1) a position description for Tribal Liaisons; and

(2) required qualifications for Tribal Liaisons, including experience and expertise relating to Tribal communities and water resource issues.

(d) Funding

Funding for the position of Tribal Liaison shall be allocated from the budget line item provided for the expenses necessary for the supervision and general administration of the civil works program, and filling the position shall not be dependent on any increase in this budget line item.

(e) Definitions

In this section:

(1) Tribal community

The term "Tribal community" means a community of people who are recognized and defined under Federal law as indigenous people of the United States.

(2) Tribal Liaison

The term "Tribal Liaison" means a permanent employee of a Corps of Engineers district whose primary responsibilities are to—

(A) serve as a direct line of communication between the District Commander and the Tribal communities within the boundaries of the Corps of Engineers district; and

(B) ensure consistency in government-to-government relations.

(Pub. L. 117–263, div. H, title LXXXI, §8112, Dec. 23, 2022, 136 Stat. 3704.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, 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 8002 of Pub. L. 117–263, set out as a note under section 2201 of this title.
33 U.S.C. § 4264 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 55: SAVE OUR SEAS 2.0 / Subchapter II: ENHANCED GLOBAL ENGAGEMENT TO COMBAT MARINE DEBRIS / Section 4264: Enhancing international outreach and partnership of United States agencies involved in marine debris activities
Enhancing international outreach and partnership of United States agencies involved in marine debris activities
Status: in_force

(a) Findings

Congress recognizes the success of the marine debris program of the National Oceanic and Atmospheric Administration and the Trash-Free Waters program of the Environmental Protection Agency.

(b) Authorization of efforts to build foreign partnerships

The Under Secretary and the EPA Administrator shall work with the Secretary of State and the Administrator of the United States Agency for International Development to build partnerships, as appropriate, with the governments of foreign countries and to support international efforts to combat marine debris.

(Pub. L. 116–224, title II, §204, Dec. 18, 2020, 134 Stat. 1091.)
33 U.S.C. § 1313a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter III: STANDARDS AND ENFORCEMENT / Section 1313a: Revised water quality standards
Revised water quality standards
Status: in_force

The review, revision, and adoption or promulgation of revised or new water quality standards pursuant to section 303(c) of the Federal Water Pollution Control Act [33 U.S.C. 1313(c)] shall be completed by the date three years after December 29, 1981. No grant shall be made under title II of the Federal Water Pollution Control Act [33 U.S.C. 1281 et seq.] after such date until water quality standards are reviewed and revised pursuant to section 303(c), except where the State has in good faith submitted such revised water quality standards and the Administrator has not acted to approve or disapprove such submission within one hundred and twenty days of receipt.

(Pub. L. 97–117, §24, Dec. 29, 1981, 95 Stat. 1632.)

Editorial Notes

References in Text

The Federal Water Pollution Control Act, referred to in text, is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816. Title II of the Act is classified generally to subchapter II (§1281 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables.

Codification

Section was enacted as part of the Municipal Wastewater Treatment Construction Grant Amendments of 1981, and not as part of the Federal Water Pollution Control Act which comprises this chapter.
33 U.S.C. § 91 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 2: INTERNATIONAL RULES FOR NAVIGATION AT SEA / Section 91: Repealed. Oct. 11, 1951, ch. 495, §5, 65 Stat. 407
Repealed. Oct. 11, 1951, ch. 495, §5, 65 Stat. 407
Status: repealed

Section 91, acts Aug. 19, 1890, ch. 802, §1, 26 Stat. 325; June 10, 1896, ch. 401, §1, 29 Stat. 381, related to sound signals for fog.

Section 92, act Aug. 19, 1890, ch. 802, §1, 26 Stat. 325, related to speed in fog.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1954, see note set out under sections 61 to 63 of this title.
33 U.S.C. § 894b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter VI: SEXUAL HARASSMENT AND ASSAULT PREVENTION / Section 894b: Rights of the victim of a sexual assault
Rights of the victim of a sexual assault
Status: in_force

A victim of a sexual assault covered by the comprehensive policy developed under section 894a(a) of this title has the right to be reasonably protected from the accused.

(Pub. L. 114–328, div. C, title XXXV, §3543, Dec. 23, 2016, 130 Stat. 2803.)
33 U.S.C. § 1102 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 22: SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT / Subchapter I: MARINE RESOURCES AND ENGINEERING DEVELOPMENT / Section 1102: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section, Pub. L. 89–454, title I, §3, June 17, 1966, 80 Stat. 204; Pub. L. 89–670, §8(j), Oct. 15, 1966, 80 Stat. 943; Pub. L. 90–242, §2, Jan. 2, 1968, 81 Stat. 780; Pub. L. 91–15, §1, May 23, 1969, 83 Stat. 10; Pub. L. 91–414, Sept. 25, 1970, 84 Stat. 865, established the National Council on Marine Resources and Engineering Development. The provisions of this chapter with respect to the Council expired on June 30, 1971, and the Council terminated on Apr. 30, 1971, for lack of funds.
33 U.S.C. § 1108 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 22: SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT / Subchapter I: MARINE RESOURCES AND ENGINEERING DEVELOPMENT / Section 1108: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are hereby authorized to be appropriated such sums as may be necessary to carry out this subchapter, but sums appropriated for any one fiscal year shall not exceed $1,200,000.

(Pub. L. 89–454, title I, §9, June 17, 1966, 80 Stat. 208; Pub. L. 89–688, §2(b), Oct. 15, 1966, 80 Stat. 1001; Pub. L. 91–15, §2, May 23, 1969, 83 Stat. 10.)

Editorial Notes

Amendments

1969—Pub. L. 91–15 substituted "$1,200,000" for "$1,500,000".

1966—Pub. L. 89–688 substituted "this title" for "this Act", which, for purposes of codification, has been changed to "this subchapter".
33 U.S.C. § 2502 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 38: DUMPING OF MEDICAL WASTE BY PUBLIC VESSELS / Section 2502: Definitions
Definitions
Status: in_force

For the purposes of this chapter:

(1) Potentially infectious medical waste

The term "potentially infectious medical waste" includes isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes; and other disposable medical equipment and material that may pose a risk to the public health, welfare or the marine environment.

(2) Public vessel

The term "public vessel" means a vessel of any type whatsoever (including hydrofoils, air-cushion vehicles, submersibles, floating craft whether propelled or not, and fixed or floating platforms) that is owned, or demise chartered, and operated by the United States Government, and is not engaged in commercial service.

(Pub. L. 100–688, title III, §3103, Nov. 18, 1988, 102 Stat. 4152.)
33 U.S.C. § 51 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 51: Scajaquada Creek, New York
Scajaquada Creek, New York
Status: in_force

Scajaquada Creek, Erie County, New York, is declared to be nonnavigable east of a line one hundred and thirty feet west of the west line of Niagara Street, city of Buffalo, county of Erie, New York, within the meaning of the Constitution and laws of the United States.

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

(May 14, 1937, ch. 183, §§1, 2, 50 Stat. 165.)
33 U.S.C. § 864b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter I: GENERAL PROVISIONS / Section 864b: Repealed. June 3, 1948, ch. 390, §22(a), formerly §21(a), 62 Stat. 300; renumbered §22(a), Sept. 14, 1961, Pub. L. 87-233, §1(f), 75 Stat. 506
Repealed. June 3, 1948, ch. 390, §22(a), formerly §21(a), 62 Stat. 300; renumbered §22(a), Sept. 14, 1961, Pub. L. 87-233, §1(f), 75 Stat. 506
Status: repealed

Section 864b, act Jan. 19, 1942, ch. 6, §5, 56 Stat. 7, related to retirement of officers. See, sections 1401 et seq., 6321 et seq., and 6371 et seq. of Title 10, Armed Forces.

Section 864c, act Jan. 19, 1942, ch. 6, §7, 56 Stat. 8, related to pay of officers retired upon recommendation of Personnel Board.
33 U.S.C. § 142 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 2: INTERNATIONAL RULES FOR NAVIGATION AT SEA / Section 142: Repealed. Oct. 11, 1951, ch. 495, §5, 65 Stat. 407
Repealed. Oct. 11, 1951, ch. 495, §5, 65 Stat. 407
Status: repealed

Section, act Aug. 19, 1890, ch. 802, §1, as added Aug. 21, 1935, ch. 595, §1, 49 Stat. 668, related to orders to helmsmen.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1954, see note set out under sections 61 to 63 of this title.
33 U.S.C. § 950 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 18: LONGSHORE AND HARBOR WORKERS' COMPENSATION / Section 950: Separability
Separability
Status: in_force

If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the validity of the remainder of the chapter and the applicability of such provision to other persons and circumstances shall not be affected thereby.

(Mar. 4, 1927, ch. 509, §51 formerly §50, 44 Stat. 1446; renumbered §51, Pub. L. 92–576, §19, Oct. 27, 1972, 86 Stat. 1263.)
33 U.S.C. § 3042 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 43: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS / Subchapter III: SEPARATION AND RETIREMENT OF OFFICERS / Section 3042: Separation pay
Separation pay
Status: in_force

(a) Authorization of payment

An officer who is separated under section 3041(a)(2) of this title and who has completed more than three years of continuous active service immediately before that separation is entitled to separation pay computed under subsection (b) unless the Secretary determines that the conditions under which the officer is separated do not warrant payment of that pay.

(b) Amount of separation pay

(1) Six or more years

In the case of an officer who has completed six or more years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is 10 percent of the product of—

(A) the years of active service creditable to the officer; and

(B) 12 times the monthly basic pay to which the officer was entitled at the time of separation.

(2) Three to six years

In the case of an officer who has completed three or more but fewer than six years of continuous active service immediately before that separation, the amount of separation pay to be paid to the officer under this section is one-half of the amount computed under paragraph (1).

(c) Other conditions, requirements, and administrative provisions

The provisions of subsections (f), (g), and (h) of section 1174 of title 10 shall apply to separation pay under this section in the same manner as such provisions apply to separation pay under that section.

(d) Exception

An officer discharged for twice failing selection for promotion to the next higher grade is not entitled to separation pay under this section if the officer—

(1) expresses a desire not to be selected for promotion; or

(2) requests removal from the list of selectees.

(Pub. L. 107–372, title II, §242, Dec. 19, 2002, 116 Stat. 3088; Pub. L. 116–259, title IV, §402, Dec. 23, 2020, 134 Stat. 1178.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 853h of this title prior to repeal by Pub. L. 107–372.

Amendments

2020—Subsec. (d). Pub. L. 116–259 added subsec. (d).
33 U.S.C. § 544b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 544b: Employment of physicians to examine employees; fee or employment basis; validation of prior agreements
Employment of physicians to examine employees; fee or employment basis; validation of prior agreements
Status: in_force

The Chief of Engineers may authorize the employment of physicians under agreement, to make such physical examinations of employees or prospective employees as he may consider essential, on a fee or regular employment basis, and all agreements entered into prior to March 2, 1945, for such purposes are validated, and the Comptroller General is authorized and directed to allow credit in the accounts of disbursing officers for reasonable payments made prior to March 2, 1945, for such services.

(Mar. 2, 1945, ch. 19, §5, 59 Stat. 24.)

Executive Documents

Transfer of Functions

For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40, July 22, 1949.
33 U.S.C. § 10 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 10: Waters in Louisiana Purchase as public highways
Waters in Louisiana Purchase as public highways
Status: in_force

All the navigable rivers and waters in the former Territories of Orleans and Louisiana shall be and forever remain public highways.

(R.S. §5251.)

Editorial Notes

Codification

R.S. §5251 derived from act Mar. 3, 1811, ch. 46, §12, 2 Stat. 606.
33 U.S.C. § 1483 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 28: POLLUTION CASUALTIES ON THE HIGH SEAS: UNITED STATES INTERVENTION / Section 1483: Foreign government ships; immunity
Foreign government ships; immunity
Status: in_force

No measures may be taken under authority of this chapter against any warship or other ship owned or operated by a country and used, for the time being, only on Government noncommercial service.

(Pub. L. 93–248, §14, Feb. 5, 1974, 88 Stat. 10.)
33 U.S.C. § 6 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 6: Free passage to harbor of Michigan City, Indiana
Free passage to harbor of Michigan City, Indiana
Status: in_force

The passage of vessels to and from the harbor of Michigan City, in Indiana, shall be free and not subject to toll or charge.

(R.S. §5247.)

Editorial Notes

Codification

R.S. §5247 derived from acts June 23, 1866, ch. 138, §1, 14 Stat. 73; Mar. 2, 1867, ch. 144, §2, 14 Stat. 421.
33 U.S.C. § 251 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 4: NAVIGATION RULES FOR GREAT LAKES AND THEIR CONNECTING AND TRIBUTARY WATERS / Subchapter II: RULES CONCERNING LIGHTS, ETC. / Section 251: Repealed. Pub. L. 96-591, §8(b), Dec. 24, 1980, 94 Stat. 3435
Repealed. Pub. L. 96-591, §8(b), Dec. 24, 1980, 94 Stat. 3435
Status: repealed

Section 251, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 645; May 17, 1928, ch. 600, 45 Stat. 592, related to time for lights and exclusivity of prescribed lights, and defined "visible".

Section 252, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 645; May 17, 1928, ch. 600, 45 Stat. 592; Feb. 28, 1929, ch. 370, 45 Stat. 1405; May 9, 1932, ch. 175, §1, 47 Stat. 152; Mar. 18, 1948, ch. 138, §§1–3, 62 Stat. 82, related to lights of steam vessels under way.

Section 253, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 646, related to lights of steam vessels having a tow other than a raft.

Section 254, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 646, related to lights of steam vessels having a raft in tow.

Section 255, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 646, related to lights of sailing vessels under way and vessels in tow.

Section 256, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 646; May 17, 1928, ch. 601, §1, 45 Stat. 593; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to lights of small tugs, boats on River St. Lawrence, ferryboats, rafts and canal boats.

Section 257, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 646, related to lights of small vessels under way in bad weather.

Section 258, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 647; May 17, 1928, ch. 600, 45 Stat. 592; Apr. 22, 1940, ch. 128, §2, 54 Stat. 150; Jan. 12, 1983, Pub. L. 97–449, §2(d)(1), 96 Stat. 2440, related to lights of vessels at anchor.

Section 259, acts Feb. 8, 1895, ch. 64, §1, 28 Stat. 647; 1946 Reorg. Plan No. 3, §§101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to lights of produce boats, canal boats, etc., navigating by hand or horsepower or by sail or by current, or at anchor.

Section 260, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 647, related to lights of open boats.

Section 261, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 647, related to use of torch by sailing vessels on approach of steamer.

Section 262, act Feb. 8, 1895, ch. 64, §1, 28 Stat. 647, related to suspension of lights by vessels of war or Coast Guard vessels.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8, 1982, see section 7 of Pub. L. 96–591, set out as an Effective Date of 1980 Amendment note under section 1604 of this title.
33 U.S.C. § 981 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 19: SAINT LAWRENCE SEAWAY / Section 981: Creation of Corporation
Creation of Corporation
Status: in_force

There is hereby created, subject to the direction and supervision of the Secretary of Transportation, a body corporate to be known as the Great Lakes St. Lawrence Seaway Development Corporation (hereinafter referred to as the "Corporation").

(May 13, 1954, ch. 201, §1, 68 Stat. 93; Pub. L. 89–670, §8(g)(1), Oct. 15, 1966, 80 Stat. 943; Pub. L. 116–260, div. AA, title V, §512(a)(1), Dec. 27, 2020, 134 Stat. 2756.)

Editorial Notes

Amendments

2020—Pub. L. 116–260 substituted "Great Lakes St. Lawrence Seaway Development Corporation" for "Saint Lawrence Seaway Development Corporation".

1966—Pub. L. 89–670 substituted "Secretary of Transportation" for "President, or the head of such agency as he may designate".

Statutory Notes and Related Subsidiaries

Effective Date of 1966 Amendment

Amendment by Pub. L. 89–670 effective Apr. 1, 1967, as prescribed by the President and published in the Federal Register, see section 16(a), formerly §15(a), of Pub. L. 89–670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453.

Separability

Section 11 of act May 13, 1954, provided: "If any provision of this Act [enacting this chapter and amending section 846 of Title 31, Money and Finance] or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby."

References to Saint Lawrence Seaway Development Corporation

Pub. L. 116–260, div. AA, title V, §512(b), Dec. 27, 2020, 134 Stat. 2756, provided that: "Any reference to the Saint Lawrence Seaway Development Corporation in any law, regulation, document, record, Executive order, or other paper of the United States shall be deemed to be a reference to the Great Lakes St. Lawrence Seaway Development Corporation."

Administrator To Report Directly to Secretary of Transportation

Pub. L. 89–670, §8(g)(2), which provided that the Administrator of the St. Lawrence Seaway Development Corporation report directly to the Secretary notwithstanding any other provision of the Department of Transportation Act (Pub. L. 89–670), was repealed by Pub. L. 97–449, §7(b), Jan. 12, 1983, 96 Stat. 2444, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Jan. 12, 1983.

Executive Documents

Executive Order No. 10534

Ex. Ord. No. 10534, June 9, 1954, 19 F.R. 3413, as amended by Ex. Ord. No. 10771, June 23, 1958, 23 F.R. 4525, which related to the direction and supervision of the St. Lawrence Seaway Development Corporation, was revoked by section 16 of Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247.
33 U.S.C. § 520 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 11: BRIDGES OVER NAVIGABLE WATERS / Subchapter II: ALTERATION OF BRIDGES / Section 520: Review of findings and orders
Review of findings and orders
Status: in_force

Any order made or issued under section 516 of this title may be reviewed by the court of appeals for any judicial circuit in which the bridge in question is wholly or partly located, if a petition for such review is filed within three months after the date such order is issued. The judgment of any such court shall be final except that it shall be subject to review by the Supreme Court of the United States upon certification or certiorari, in the manner provided in section 1254 of title 28. The review by such Court shall be limited to questions of law, and the findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive. Upon such review, such Court shall have power to affirm or, if the order is not in accordance with law, to modify or to reverse the order, with or without remanding the case for a rehearing as justice may require. Proceedings under this section shall not operate as a stay of any order of the Secretary issued under provisions of this subchapter other than section 516 of this title, or relieve any bridge owner of any liability or penalty under such provisions.

(June 21, 1940, ch. 409, §10, 54 Stat. 501; June 25, 1948, ch. 646, §32(a), 62 Stat. 991; May 24, 1949, ch. 139, §127, 63 Stat. 107.)

Editorial Notes

Codification

"Section 1254 of title 28" substituted in text for "sections 239 and 240 of the Judicial Code, as amended" on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure. Prior to the enactment of Title 28, sections 239 and 240 of the Judicial Code were classified to sections 346 and 347 of Title 28.

Statutory Notes and Related Subsidiaries

Change of Name

Act June 25, 1948, as amended by act May 24, 1949, substituted "court of appeals" for "circuit court of appeals".
33 U.S.C. § 1104 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 22: SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT / Subchapter I: MARINE RESOURCES AND ENGINEERING DEVELOPMENT / Section 1104: Omitted
Omitted
Status: omitted

Editorial Notes

Codification

Section 1104, Pub. L. 89–454, title I, §5, June 17, 1966, 80 Stat. 205; Pub. L. 89–688, §2(b), Oct. 15, 1966, 80 Stat. 1001; Pub. L. 90–242, §1, Jan. 2, 1968, 81 Stat. 780, established the Commission on Marine Science, Engineering, and Resources. For expiration of the Commission, see Codification note set out under section 1102 of this title.

Section 1105, Pub. L. 89–454, title I, §6, June 17, 1966, 80 Stat. 207, provided for the National Council on Marine Resources and Engineering Development to coordinate a program of international cooperation with respect to work done pursuant to this chapter. For expiration of the Council, see Codification note set out under section 1102 of this title.
33 U.S.C. § 745a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 16: LIGHTHOUSES / Section 745a: LXXXV
LXXXV
Status: in_force

Section, act May 13, 1938, ch. 215, §1, 52 Stat. 353; 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 of new appointees to isolated posts outside the United States.
33 U.S.C. § 2753 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 40: OIL POLLUTION / Subchapter III: MISCELLANEOUS / Section 2753: title I, §109
title I, §109
Status: in_force

Section, Pub. L. 101–380, title VI, §6003, Aug. 18, 1990, 104 Stat. 555, related to protection of the Outer Banks of North Carolina.
33 U.S.C. § 1441 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 27: OCEAN DUMPING / Subchapter II: RESEARCH / Section 1441: Monitoring and research program
Monitoring and research program
Status: in_force

The Secretary of Commerce, in coordination with the Secretary of the Department in which the Coast Guard is operating and with the Administrator shall, within six months of October 23, 1972, initiate a comprehensive and continuing program of monitoring and research regarding the effects of the dumping of material into ocean waters or other coastal waters where the tide ebbs and flows or into the Great Lakes or their connecting waters.

(Pub. L. 92–532, title II, §201, Oct. 23, 1972, 86 Stat. 1060; Pub. L. 99–272, title VI, §6061, Apr. 7, 1986, 100 Stat. 131.)

Editorial Notes

Amendments

1986—Pub. L. 99–272 struck out provision which had required the Secretary of Commerce to report from time to time, not less frequently than annually, his findings under this section (including an evaluation of the short-term ecological effects and the social and economic factors involved) to the Congress.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
33 U.S.C. § 730a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 16: LIGHTHOUSES / Section 730a: LXXXV
LXXXV
Status: in_force

Section, acts Mar. 3, 1875, ch. 130, §1, 18 Stat. 372; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; 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 sites for pierhead beacons.

Editorial Notes

Codification

Section was based on last paragraph under heading "FOR LIFE-SAVING AND LIFE-BOAT STATIONS" of act Mar. 3, 1875, ch. 130, 18 Stat. 372, insofar as such paragraph provided for the right to use and occupy sites for pier-head beacons. Provisions of such paragraph relating to the right to use and occupy sites for Coast Guard Stations and houses of refuge were classified to section 96 of former Title 14, Coast Guard, and were repealed by act Aug. 4, 1949, ch. 393, §20, 63 Stat. 561, and restated as section 92(f) of Title 14, Coast Guard. Section 92(f) of Title 14 was subsequently renumbered section 501(f) of Title 14.
33 U.S.C. § 609 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter IV: PARTICULAR WORK OR IMPROVEMENTS / Section 609: Sluices and other work in dams for development of water power
Sluices and other work in dams for development of water power
Status: in_force

In order to make possible the economical future development of water power, the Secretary of the Army, upon recommendation of the Chief of Engineers, is authorized, in his discretion, to provide in the permanent parts of any dam authorized at any time by Congress for the improvement of navigation such foundations, sluices, and other works, as may be considered desirable for the future development of its water power.

(July 25, 1912, ch. 253, §12, 37 Stat. 233; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

Codification

Section is from act July 25, 1912, the Rivers and Harbors Appropriation Act of 1912.

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. § 709c (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 15: FLOOD CONTROL / Section 709c: Emergency communication of risk
Emergency communication of risk
Status: in_force

(a) Definitions

In this section:

(1) Affected government

The term "affected government" means a State, local, or tribal government with jurisdiction over an area that will be affected by a flood.

(2) Annual operating plan

The term "annual operating plan" means a plan prepared by the Secretary that describes potential water condition scenarios for a river basin for a year.

(b) Communication

In any river basin where the Secretary carries out flood risk management activities subject to an annual operating plan, the Secretary shall establish procedures for providing the public and affected governments, including Indian tribes, in the river basin with—

(1) timely information regarding expected water levels;

(2) advice regarding appropriate preparedness actions;

(3) technical assistance; and

(4) any other information or assistance determined appropriate by the Secretary.

(c) Public availability of information

To the maximum extent practicable, the Secretary, in coordination with the Administrator of the Federal Emergency Management Agency, shall make the information required under subsection (b) available to the public through widely used and readily available means, including on the Internet.

(d) Procedures

The Secretary shall use the procedures established under subsection (b) only when precipitation or runoff exceeds those calculations considered as the lowest risk to life and property contemplated by the annual operating plan.

(Pub. L. 113–121, title III, §3027, June 10, 2014, 128 Stat. 1305.)

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. § 2285 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2285: Environmental Protection and Mitigation Fund
Environmental Protection and Mitigation Fund
Status: in_force

There is established an Environmental Protection and Mitigation Fund. There is authorized to be appropriated to such fund $35,000,000 for fiscal years beginning after September 30, 1986. Amounts in the fund 1 shall be available for undertaking, in advance of construction of any water resources project authorized to be constructed by the Secretary, such measures authorized as part of such project, including the acquisition of lands and interests therein, as may be necessary to ensure that project-induced losses to fish and wildlife production and habitat will be mitigated. The Secretary shall reimburse the Fund for any amounts expended under this section for a water resources project from the first appropriations made for construction, including planning and designing, of such project.

(Pub. L. 99–662, title IX, §908, Nov. 17, 1986, 100 Stat. 4188.)

1 So in original. Probably should be capitalized.
33 U.S.C. § 3914 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 52: WATER INFRASTRUCTURE FINANCE AND INNOVATION / Section 3914: Requirements
Requirements
Status: in_force

(a) In general

Except as provided in subsection (c), none of the amounts made available under this chapter may be used for the construction, alteration, maintenance, or repair of a project eligible for assistance under this chapter unless all of the iron and steel products used in the project are produced in the United States.

(b) Definition of iron and steel products

In this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.

(c) Application

Subsection (a) shall not apply in any case or category of cases in which the Administrator finds that—

(1) applying subsection (a) would be inconsistent with the public interest;

(2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

(3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.

(d) Waiver

If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public, on an informal basis, a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency.

(e) International agreements

This section shall be applied in a manner consistent with United States obligations under international agreements.

(Pub. L. 113–121, title V, §5035, June 10, 2014, 128 Stat. 1344.)
33 U.S.C. § 58 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 58: Acushnet River section of New Bedford and Fairhaven Harbor, Massachusetts
Acushnet River section of New Bedford and Fairhaven Harbor, Massachusetts
Status: in_force

The portion of the waterway in the city of New Bedford and the towns of Fairhaven and Acushnet lying north of the Coggeshall Street Bridge (north 41 degrees 31 minutes 00 seconds), is declared to be a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States. Any project heretofore authorized by any Act of Congress, insofar as such project relates to the above-described portions of the Acushnet River section of New Bedford and Fairhaven Harbor, is hereby abandoned.

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

(Aug. 3, 1955, ch. 495, 69 Stat. 443.)
33 U.S.C. § 577a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 577a: Small-boat navigation projects; charter fishing craft
Small-boat navigation projects; charter fishing craft
Status: in_force

The Chief of Engineers, for the purpose of determining Federal and non-Federal cost sharing, relating to proposed construction of small-boat navigation projects, shall consider charter fishing craft as commercial vessels.

(Pub. L. 91–611, title I, §119, Dec. 31, 1970, 84 Stat. 1822.)
33 U.S.C. § 644 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 13: MISSISSIPPI RIVER COMMISSION / Section 644: Secretary of commission
Secretary of commission
Status: in_force

The Secretary of the Army may detail from the Engineer Corps of the Army of the United States an officer to act as secretary of said commission.

(June 28, 1879, ch. 43, §6, 21 Stat. 38; 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. § 1513 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 29: DEEPWATER PORTS / Section 1513: Public access to information
Public access to information
Status: in_force

(a) Inspection of copies; reproduction costs; protected information

Copies of any communication, document, report, or information transmitted between any official of the Federal Government and any person concerning a deepwater port (other than contracts referred to in section 1504(c)(2)(B) of this title) shall be made available to the public for inspection, and shall be available for the purpose of reproduction at a reasonable cost, to the public upon identifiable request, unless such information may not be publicly released under the terms of subsection (b) of this section. Except as provided in subsection (b) of this section, nothing contained in this section shall be construed to require the release of any information of the kind described in subsection (b) of section 552 of title 5 or which is otherwise protected by law from disclosure to the public.

(b) Information disclosure prohibition; confidentiality of certain disclosures

The Secretary shall not disclose information obtained by him under this chapter that concerns or relates to a trade secret, referred to in section 1905 of title 18, or to a contract referred to in section 1504(c)(2)(B) of this title, except that such information may be disclosed, in a manner which is designed to maintain confidentiality—

(1) to other Federal and adjacent coastal State government departments and agencies for official use, upon request;

(2) to any committee of Congress having jurisdiction over the subject matter to which the information relates, upon request;

(3) to any person in any judicial proceeding, under a court order formulated to preserve such confidentiality without impairing the proceedings; and

(4) to the public in order to protect health and safety, after notice and opportunity for comment in writing or for discussion in closed session within fifteen days by the party to which the information pertains (if the delay resulting from such notice and opportunity for comment would not be detrimental to the public health and safety).

(Pub. L. 93–627, §14, Jan. 3, 1975, 88 Stat. 2139.)
33 U.S.C. § 2346 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2346: Project administration
Project administration
Status: in_force

(a) Project tracking

The Secretary shall assign a unique tracking number to each water resources project under the jurisdiction of the Secretary to be used by each Federal agency throughout the life of the project.

(b) Report repository

(1) In general

The Secretary shall provide to the Library of Congress a copy of each final feasibility study, final environmental impact statement, final reevaluation report, final post-authorization change report, record of decision, and report to Congress prepared by the Corps of Engineers.

(2) Availability to public

Each document described in paragraph (1) shall be made available to the public, and an electronic copy of each document shall be made permanently available to the public through the Internet.

(Pub. L. 110–114, title II, §2041, Nov. 8, 2007, 121 Stat. 1100; Pub. L. 114–322, title I, §1136(b), Dec. 16, 2016, 130 Stat. 1657.)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Amendments

2016—Subsec. (b)(1). Pub. L. 114–322 inserted "final post-authorization change report," after "final reevaluation report,".

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.
33 U.S.C. § 3201 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 45: TSUNAMI WARNING AND EDUCATION / Section 3201: Definitions
Definitions
Status: in_force

In this chapter:

(1) The term "Administration" means the National Oceanic and Atmospheric Administration.

(2) The term "Administrator" means the Administrator of the National Oceanic and Atmospheric Administration.

(Pub. L. 109–424, §2, Dec. 20, 2006, 120 Stat. 2902; Pub. L. 109–479, title VIII, §802, Jan. 12, 2007, 120 Stat. 3653; Pub. L. 115–25, title V, §512(a), Apr. 18, 2017, 131 Stat. 128.)

Editorial Notes

Codification

Pub. L. 109–424 and title VIII of Pub. L. 109–479 enacted substantially identical sections. Pub. L. 109–424 was repealed by section 512(a) of Pub. L. 115–25.

Statutory Notes and Related Subsidiaries

Short Title of 2017 Amendment

Pub. L. 115–25, title V, §501, Apr. 18, 2017, 131 Stat. 115, provided that: "This title [enacting sections 3206a and 3208 of this title, amending this section and sections 3202 to 3207 of this title, and enacting and repealing provisions set out as notes under this section] may be cited as the 'Tsunami Warning, Education, and Research Act of 2017'."

Short Title

Pub. L. 109–479, title VIII, §801, Jan. 12, 2007, 120 Stat. 3653, provided that: "This title [enacting this chapter] may be cited as the 'Tsunami Warning and Education Act'."

Pub. L. 109–424, §1, Dec. 20, 2006, 120 Stat. 2902, which provided that Pub. L. 109–424 could be cited as the Tsunami Warning and Education Act, was repealed by Pub. L. 115–25, title V, §512(a), Apr. 18, 2017, 131 Stat. 128.

Construction

Pub. L. 115–25, title V, §512(b), Apr. 18, 2017, 131 Stat. 128, provided that: "Nothing in this section [repealing Pub. L. 109–424] may be construed to repeal, or affect in any way, the Tsunami Warning and Education Act [this chapter] enacted as title VIII of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (Public Law 109–479; 33 U.S.C. 3201 et seq.)."
33 U.S.C. § 3506 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 48: OCEAN AND COASTAL MAPPING INTEGRATION / Section 3506: Authorization of appropriations
Authorization of appropriations
Status: in_force

(a) In general

In addition to the amounts authorized by section 892d of this title, there are authorized to be appropriated to the Administrator to carry out this chapter $45,000,000 for each of fiscal years 2023 through 2028.

(b) Joint ocean and coastal mapping centers

Of the amounts appropriated pursuant to subsection (a), the following amounts shall be used to carry out section 3504(c) 1 of this title $15,000,000 for each of fiscal years 2023 through 2028.

(c) Ocean and coastal mapping Federal funding opportunity

Of amounts authorized pursuant to subsection (a), $20,000,000 is authorized to carry out section 3504a of this title.

(Pub. L. 111–11, title XII, §12209, formerly §12207, Mar. 30, 2009, 123 Stat. 1426; renumbered §12209 and amended Pub. L. 117–263, div. J, title CIII, §10307(e)(1), (f), Dec. 23, 2022, 136 Stat. 3978, 3979.)

Editorial Notes

References in Text

Section 3504 of this title, referred to in subsec. (b), was amended by Pub. L. 117–263, div. J, title CIII, §10307(d)(2)(B), (C), Dec. 23, 2022, 136 Stat. 3978, by striking out the subsec. (c) designation and striking all the other subsections, thereby redesignating subsec. (c) as all of section 3504 of this title.

Amendments

2022—Subsec. (a). Pub. L. 117–263, §10307(f)(1), substituted "this chapter $45,000,000 for each of fiscal years 2023 through 2028." for "this chapter—" and struck out pars. (1) to (4) which authorized appropriations for fiscal years 2009 through 2015.

Subsec. (b). Pub. L. 117–263, §10307(f)(2), substituted "this title $15,000,000 for each of fiscal years 2023 through 2028." for "this title:" and struck out pars. (1) to (4) which authorized appropriations for fiscal years 2009 through 2015.

Subsec. (c). Pub. L. 117–263, §10307(f)(3), (4), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: "To carry out interagency activities under section 3502 of this title, the head of any department or agency may execute a cooperative agreement with the Administrator, including those authorized by section 883e of this title."

1 See References in Text note below.
33 U.S.C. § 4007 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 53: HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL / Section 4007: Effect on other Federal authority
Effect on other Federal authority
Status: in_force

(a) Authority preserved

Nothing in this chapter supersedes or limits the authority of any agency to carry out its responsibilities and missions under other laws.

(b) Regulatory authority

Nothing in this chapter may be construed as establishing new regulatory authority for any agency.

(Pub. L. 105–383, title VI, §608, formerly §607, as added Pub. L. 113–124, §9, June 30, 2014, 128 Stat. 1385; renumbered §608, Pub. L. 117–144, §2(a)(1), June 16, 2022, 136 Stat. 1266.)

Editorial Notes

Prior Provisions

A prior section 608 of Pub. L. 105–383 was renumbered section 609 and is classified to section 4008 of this title.
33 U.S.C. § 3003 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 43: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS / Subchapter I: GENERAL PROVISIONS / Section 3003: Authorized number on the active list
Authorized number on the active list
Status: in_force

(a) Annual strength on active list

The annual strength of the commissioned corps in officers on the lineal list of active duty officers of the corps shall be prescribed by law.

(b) Lineal list

The Secretary shall maintain a list, known as the "lineal list", of officers on active duty. Officers shall be carried on the lineal list by grade and, within grade, by seniority in grade.

(Pub. L. 107–372, title II, §213, Dec. 19, 2002, 116 Stat. 3083.)
33 U.S.C. § 748a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 16: LIGHTHOUSES / Section 748a: Repealed. Pub. L. 117-263, div. K, title CXVIII, §11808(a)(11), Dec. 23, 2022, 136 Stat. 4165
Repealed. Pub. L. 117-263, div. K, title CXVIII, §11808(a)(11), Dec. 23, 2022, 136 Stat. 4165
Status: repealed

Section, act May 13, 1938, ch. 215, §2, 52 Stat. 353; 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 transportation expenses for school children of lighthouse keepers.
33 U.S.C. § 2606 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 39: SHORE PROTECTION FROM MUNICIPAL OR COMMERCIAL WASTE / Subchapter I: SHORE PROTECTION / Section 2606: Subpena authority
Subpena authority
Status: in_force

(a) General authority

In an investigation under this chapter, the attendance and testimony of witnesses, including parties in interest, and the production of any evidence may be compelled by subpena. The subpena authority granted by this section is coextensive with that of a district court of the United States, in civil matters, for the district in which the investigation is conducted.

(b) Subpena authority

An official designated by the Secretary of Transportation or Administrator to conduct an investigation under this chapter may issue subpenas as provided in this section and administer oaths to witnesses.

(c) Failure to comply

When a person fails to obey a subpena issued under this section, the district court of the United States for the district in which the investigation is conducted or in which the person failing to obey is found, shall on proper application issue an order directing that person to comply with the subpena. The court may punish as contempt any disobedience of its order.

(d) Witness fees

A witness complying with a subpena issued under this section may be paid for actual travel and attendance at the rate provided for witnesses in the district courts of the United States.

(Pub. L. 100–688, title IV, §4106, Nov. 18, 1988, 102 Stat. 4157.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original "this part" and was translated as reading "this title" to reflect the probable intent of Congress.
33 U.S.C. § 1522 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 29: DEEPWATER PORTS / Section 1522: Limitations on export provisions of section 185(u) of title 30 unaffected
Limitations on export provisions of section 185(u) of title 30 unaffected
Status: in_force

Nothing in this chapter shall be construed to amend, restrict, or otherwise limit the application of section 185(u) of title 30.

(Pub. L. 93–627, §23, Jan. 3, 1975, 88 Stat. 2147.)
33 U.S.C. § 1910 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 33: PREVENTION OF POLLUTION FROM SHIPS / Section 1910: Legal actions
Legal actions
Status: in_force

(a) Persons with adversely affected interests as plaintiffs; defendants

Except as provided in subsection (b) of this section, any person having an interest which is, or can be, adversely affected, may bring an action on his own behalf—

(1) against any person alleged to be in violation of the provisions of this chapter, or regulations issued hereunder;

(2) against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this chapter which is not discretionary with the Secretary;

(3) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary; or

(4) against the Secretary of the Treasury where there is alleged a failure of the Secretary of the Treasury to take action under section 1908(e) of this title.

(b) Commencement conditions

No action may be commenced under subsection (a) of this section—

(1) prior to 60 days after the plaintiff has given notice, in writing and under oath, to the alleged violator, the Secretary concerned or the Administrator, and the Attorney General; or

(2) if the Secretary or the Administrator has commenced enforcement or penalty action with respect to the alleged violation and is conducting such procedures diligently.

(c) Venue

Any suit brought under this section shall be brought—

(1) in a case concerning an onshore facility or port, in the United States district court for the judicial district where the onshore facility or port is located;

(2) in a case concerning an offshore facility or offshore structure under the jurisdiction of the United States, in the United States district court for the judicial district nearest the offshore facility or offshore structure;

(3) in a case concerning a ship, in the United States district court for any judicial district wherein the ship or its owner or operator may be found; or

(4) in any case, in the District Court for the District of Columbia.

(d) Costs; attorney fees; witness fees

The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party including the Federal Government.

(e) Federal intervention

In any action brought under this section, if the Secretary or Attorney General are not parties of record, the United States, through the Attorney General, shall have the right to intervene.

(Pub. L. 96–478, §11, Oct. 21, 1980, 94 Stat. 2302; Pub. L. 110–280, §12, July 21, 2008, 122 Stat. 2615.)

Editorial Notes

Amendments

2008—Subsec. (a)(3), (4). Pub. L. 110–280, §12(1), added par. (3) and redesignated former par. (3) as (4).

Subsec. (b)(1). Pub. L. 110–280, §12(2), substituted "concerned or the Administrator," for "concerned,".

Subsec. (b)(2). Pub. L. 110–280, §12(3), inserted "or the Administrator" after "Secretary".