33 U.S.C. § 4102 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 54: COMMERCIAL ENGAGEMENT THROUGH OCEAN TECHNOLOGY / Section 4102: Coordination regarding assessment and acquisition by National Oceanic and Atmospheric Administration of unmanned maritime systems
Coordination regarding assessment and acquisition by National Oceanic and Atmospheric Administration of unmanned maritime systems
Status: in_force

(a) Establishment

The Administrator shall direct the Office of Oceanic and Atmospheric Research (in this chapter referred to as "OAR") and the Office of Marine and Aviation Operations (in this chapter referred to as "OMAO")—

(1) to coordinate the Administration's research, assessment, and acquisition of unmanned maritime systems; and

(2) to consider the use of unmanned maritime systems in cooperative activities of the Administration.

(b) Coordination within the Administration

(1) Unmanned Systems Executive Oversight Board

In meeting the requirements described in subsection (a), the Administrator shall—

(A) utilize the Unmanned Systems Executive Oversight Board (in this chapter referred to as the "USEOB") as the coordinating mechanism; and

(B) ensure that OAR and OMAO address requirements throughout the Administration.

(2) Included

In utilizing the USEOB under paragraph (1), the Administrator shall ensure that representation on the USEOB is included from the following:

(A) The Office of Ocean Exploration (OER).

(B) The program office of the Integrated Ocean Observing System.

(C) Such other offices of the Administration as the Administrator determines are actively engaged with unmanned maritime systems.

(c) Coordination with the Navy

(1) In general

In carrying out this chapter, the Administrator shall—

(A) make efforts to coordinate with the Secretary of the Navy to leverage expertise in the development and operational transition of unmanned maritime systems;

(B) align with, utilize, and inform the Deputy Under Secretary of Commerce for Operations and the Oceanographer of the Navy's strategic and operational priorities, particularly for missions and geography within the Administration's purview;

(C) seek to utilize Naval unmanned systems test or training ranges, such as the Gulf of Mexico Unmanned Systems Test and Training Range of the Naval Meteorology and Oceanography Command, and maximize interagency cooperation and sharing of best practices; and

(D) to formalize coordination, execute a memorandum of understanding with the Secretary of the Navy that includes—

(i) incorporating consideration of priorities and requirements of the Administration into research and development activities conducted by the Secretary of the Navy;

(ii) consultation intended to encourage and facilitate efforts by the Administration to partner with the Navy to procure unmanned maritime systems and to establish, instrument, and operate test or training ranges and related facilities;

(iii) adopting procedures defined by the Secretary of the Navy for the Administration to access and utilize test or training ranges or related Naval facilities for purposes identified in paragraph (2)(B); and

(iv) such other topics as the Administrator considers necessary or advisable, including mapping, bathymetry, observations, and ocean exploration.

(2) Location

The Administrator shall, if practicable, carry out the activities authorized by this chapter at a facility where the Navy and the Administration are co-located, for the following purposes:

(A) Gaining efficiencies through collaboration.

(B) Advancing development of unmanned maritime systems, including—

(i) systems research and development;

(ii) systems testing;

(iii) systems modifications; and

(iv) systems integration.

(C) Accelerating transition from concept to manufacturing and acquisition.

(d) Coordination with other Federal agencies

In carrying out this chapter, the Administrator and the Secretary of the Navy may utilize the National Oceanographic Partnership Program, established under chapter 665 of title 10, as a mechanism for providing interagency coordination for the advancement of unmanned maritime systems.

(e) Coordination with academic sector

In carrying out this chapter, the Administrator, in consultation with the Secretary of the Navy, may coordinate and co-locate with an academic research institution, or consortium of academic research institutions, for the following purposes:

(1) Maximizing opportunities for research and development of unmanned maritime systems.

(2) Providing training in unmanned maritime systems as part of an accredited certificate or degree program of education.

(3) Facilitating the commercialization of unmanned maritime systems through public-private partnerships that includes academic research institutions, private industry, and public safety agencies.

(4) Arranging access to and use of additional facilities that support testing and assessment of or training with respect to unmanned maritime systems under environmental conditions of interest, increasing operational tolerance under such conditions, certifying operational capacity under such conditions, whether real or simulated, and training operators of unmanned maritime systems in real or simulated environments.

(5) Facilitating engagement with other academic institutions with interest or relevant expertise in unmanned maritime systems.

(6) Promoting information sharing between the academic, environmental, and military institutions to lead to more robust, mission-oriented unmanned maritime systems.

(f) Engagement with the private sector

Other than as described in subsection (e), the Administrator, in consultation with the Secretary of the Navy, may, in carrying out this chapter, to the extent practicable, coordinate and consult with the private sector—

(1) to support the commercialization of unmanned maritime systems; and

(2) to assist with their assessment of commercially available unmanned maritime systems to support the missions and goals of the Navy, the Administration, and cooperative activities of the Administration.

(Pub. L. 115–394, §3, Dec. 21, 2018, 132 Stat. 5282.)
33 U.S.C. § 557b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 557b: Sale of publications, charts, or other material; deposit of proceeds
Sale of publications, charts, or other material; deposit of proceeds
Status: in_force

The Chief of Engineers is authorized to provide for the sale of any of the material prepared under authority of section 557a of this title; and of publications, charts, or material prepared under his direction pursuant to other legislative authorization or appropriation, and to charge therefor a sum not less than the cost of reproduction. The money received from sales authorized by this section shall be deposited into the Treasury to the credit of miscellaneous receipts, except that in any case in which the cost of reproduction has been paid from the revolving fund established pursuant to the Civil Functions Appropriation Act, 1954, the proceeds shall be deposited to the credit of such fund.

(Pub. L. 85–480, §2, July 2, 1958, 72 Stat. 279.)

Editorial Notes

References in Text

The Civil Functions Appropriation Act, 1954, referred to in text, is act July 27, 1953, ch. 245, 67 Stat. 197. Provisions of the Act establishing the revolving fund are classified to section 576 of this title.
33 U.S.C. § 495 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 11: BRIDGES OVER NAVIGABLE WATERS / Subchapter I: GENERAL PROVISIONS / Section 495: Violations of orders respecting bridges and accessory works
Violations of orders respecting bridges and accessory works
Status: in_force

(a) Criminal penalties for violation; misdemeanor; fine; new offenses; jurisdiction: suits for recovery of removal expenses, enforcement of removal, and obstruction-to-navigation causes or questions

Any persons who shall willfully fail or refuse to comply with the lawful order of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers, made in accordance with the provisions of sections 491 to 494 and 495 to 498 of this title, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent jurisdiction by a fine not exceeding $5,000, and every month such persons shall remain in default shall be deemed a new offense and subject such persons to additional penalties therefor; and in addition to the penalties above described the Secretary of the department in which the Coast Guard is operating and the Chief of Engineers may, upon refusal of the persons owning or controlling any such bridge and accessory works to comply with any lawful order issued by the Secretary of the department in which the Coast Guard is operating or Chief of Engineers in regard thereto, cause the removal of such bridge and accessory works at the expense of the persons owning or controlling such bridge, and suit for such expense may be brought in the name of the United States against such persons, and recovery had for such expense in any court of competent jurisdiction; and the removal of any structures erected or maintained in violation of the provisions of said sections or the order or direction of the Secretary of the department in which the Coast Guard is operating or Chief of Engineers made in pursuance thereof may be enforced by injunction, mandamus, or other summary process, upon application to the district court in the district in which such structure may, in whole or in part, exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States at the request of the Secretary of the department in which the Coast Guard is operating; and in case of any litigation arising from any obstruction or alleged obstruction to navigation created by the construction of any bridge under said sections, the cause or question arising may be tried before the district court of the United States in any district which any portion of said obstruction or bridge touches.

(b) Civil penalties for violation; separate offenses; notice and hearing; assessment, collection, and remission; civil actions

Whoever violates any provision of sections 491 to 494 and 495 to 498 of this title, or any order issued under sections 491 to 494 and 495 to 498 of this title, shall be liable to a civil penalty of not more than $25,000 for a violation occurring in 2008 and any year thereafter. Each day a violation continues shall be deemed a separate offense. No penalty may be assessed under this subsection until the person charged is given notice and an opportunity for a hearing on the charge. The Secretary of the department in which the Coast Guard is operating may assess and collect any civil penalty incurred under this subsection and, in his discretion, may remit, mitigate, or compromise any penalty until the matter is referred to the Attorney General. If a person against whom a civil penalty is assessed under this subsection fails to pay that penalty, an action may be commenced in the district court of the United States for any district in which the violation occurs for such penalty.

(Mar. 23, 1906, ch. 1130, §5, 34 Stat. 85; Mar. 3, 1911, ch. 231, §§289, 291, 36 Stat. 1167; Pub. L. 97–322, title I, §108(c), Oct. 15, 1982, 96 Stat. 1584; Pub. L. 97–449, §2(d)(1), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 108–293, title VI, §601(a), Aug. 9, 2004, 118 Stat. 1050; Pub. L. 114–120, title III, §306(b)(2)(C), Feb. 8, 2016, 130 Stat. 55; Pub. L. 115–232, div. C, title XXXV, §3548(b), Aug. 13, 2018, 132 Stat. 2328.)

Editorial Notes

Codification

The words "district court" were substituted for "circuit court," upon incorporation into the Code, the Circuit Courts being abolished by act Mar. 3, 1911, and their powers and duties transferred to the district courts by section 291 of that act.

Amendments

2018—Subsec. (b). Pub. L. 115–232 struck out "$5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and" after "civil penalty of not more than".

2016—Pub. L. 114–120 substituted "Secretary of the department in which the Coast Guard is operating" for "Secretary of Transportation" wherever appearing.

2004—Subsec. (b). Pub. L. 108–293 substituted "$5,000 for a violation occurring in 2004; $10,000 for a violation occurring in 2005; $15,000 for a violation occurring in 2006; $20,000 for a violation occurring in 2007; and $25,000 for a violation occurring in 2008 and any year thereafter" for "$1,000".

1983—Subsec. (a). Pub. L. 97–449 substituted "Secretary of Transportation" for "Secretary of War" wherever appearing. See Transfer of Functions note below.

1982—Subsec. (a). Pub. L. 97–322, §108(c)(1)–(3), designated existing provisions as subsec. (a), provided for punishment of persons who shall "willfully" fail to comply with lawful orders, and struck out "shall be deemed guilty of a violation of said sections, and any persons who shall be guilty of a violation of said sections" before "shall be deemed guilty of a misdemeanor".

Subsec. (b). Pub. L. 97–322, §108(c)(4), added subsec. (b).

Statutory Notes and Related Subsidiaries

Transfer of Functions

Functions, powers, and duties of Secretary of the Army [formerly War] and other offices and officers of Department the Army [formerly War] under this section to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89–670, §6(g)(6)(B), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97–449 amended this section to reflect transfer made by section 6(g)(6)(B) of Pub. L. 89–670, and repealed section 6(g)(6)(B).
33 U.S.C. § 2329 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2329: International outreach program
International outreach program
Status: in_force

(a) Authorization

(1) In general

The Secretary may engage in activities to inform the United States of technological innovations abroad that could significantly improve water resources development in the United States.

(2) Inclusions

Activities under paragraph (1) may include—

(A) development, monitoring, assessment, and dissemination of information about foreign water resources projects that could significantly improve water resources development in the United States;

(B) research, development, training, and other forms of technology transfer and exchange; and

(C) offering technical services that cannot be readily obtained in the private sector to be incorporated into water resources projects if the costs for assistance will be recovered under the terms of each project.

(b) Cooperation

The Secretary may carry out the provisions of this section in cooperation with Federal departments and agencies, State and local agencies, authorities, institutions, corporations (profit or nonprofit), foreign governments, or other organizations.

(c) Funding

The funds to carry out the provisions of this section shall include funds deposited in a special account with the Secretary of the Treasury for such purposes by any cooperating entity or organization according to cost-sharing agreements proscribed by the Secretary. Reimbursement for services provided under this section shall be credited to the appropriation concerned.

(Pub. L. 102–580, title IV, §401, Oct. 31, 1992, 106 Stat. 4862; Pub. L. 114–322, title I, §1138, Dec. 16, 2016, 130 Stat. 1657.)

Editorial Notes

Codification

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

Amendments

2016—Subsec. (a). Pub. L. 114–322 amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized the Secretary to engage in activities to inform the United States maritime industry and port authorities of technological innovations abroad that could significantly improve waterborne transportation in the United States, both inland and deep draft.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 3 of Pub. L. 102–580, set out as a note under section 2201 of this title.
33 U.S.C. § 2713 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 40: OIL POLLUTION / Subchapter I: OIL POLLUTION LIABILITY AND COMPENSATION / Section 2713: Claims procedure
Claims procedure
Status: in_force

(a) Presentation

Except as provided in subsection (b), all claims for removal costs or damages shall be presented first to the responsible party or guarantor of the source designated under section 2714(a) of this title.

(b) Presentation to Fund

(1) In general

Claims for removal costs or damages may be presented first to the Fund—

(A) if the President has advertised or otherwise notified claimants in accordance with section 2714(c) of this title;

(B) by a responsible party who may assert a claim under section 2708 of this title;

(C) by the Governor of a State for removal costs incurred by that State; or

(D) by a United States claimant in a case where a foreign offshore unit has discharged oil causing damage for which the Fund is liable under section 2712(a) of this title.

(2) Limitation on presenting claim

No claim of a person against the Fund may be approved or certified during the pendency of an action by the person in court to recover costs which are the subject of the claim.

(c) Election

If a claim is presented in accordance with subsection (a) and—

(1) each person to whom the claim is presented denies all liability for the claim, or

(2) the claim is not settled by any person by payment within 90 days after the date upon which (A) the claim was presented, or (B) advertising was begun pursuant to section 2714(b) of this title, whichever is later,

the claimant may elect to commence an action in court against the responsible party or guarantor or to present the claim to the Fund.

(d) Uncompensated damages

If a claim is presented in accordance with this section, including a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled, and full and adequate compensation is unavailable, a claim for the uncompensated damages and removal costs may be presented to the Fund.

(e) Procedure for claims against Fund

The President shall promulgate, and may from time to time amend, regulations for the presentation, filing, processing, settlement, and adjudication of claims under this Act against the Fund.

(Pub. L. 101–380, title I, §1013, Aug. 18, 1990, 104 Stat. 501; Pub. L. 104–324, title XI, §1142(b), Oct. 19, 1996, 110 Stat. 3991; Pub. L. 108–293, title VII, §708(a), Aug. 9, 2004, 118 Stat. 1077; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8303(a), Jan. 1, 2021, 134 Stat. 4692.)

Editorial Notes

References in Text

This Act, referred to in subsec. (e), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

Amendments

2021—Subsec. (f). Pub. L. 116–283 struck out subsec. (f) which related to loan program to provide interim assistance to fishermen and aquaculture producer claimants during the claims procedure.

2004—Subsec. (f). Pub. L. 108–293 added subsec.(f).

1996—Subsec. (d). Pub. L. 104–324 substituted "section, including a claim for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled," for "section".

Executive Documents

Delegation of Functions

Functions of President under subsec. (e) of this section delegated to Secretary of Department in which Coast Guard is operating by section 7(c)(2) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54767, set out as a note under section 1321 of this title.
33 U.S.C. § 2292a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2292a: National coastal mapping program
National coastal mapping program
Status: in_force

(a) In general

The Secretary is authorized to carry out a national coastal mapping program to provide recurring national coastal mapping along the coasts of the United States to support Corps of Engineers navigation, flood risk management, environmental restoration, and emergency operations missions.

(b) Scope

In carrying out the program under subsection (a), the Secretary—

(1) shall disseminate coastal mapping data and new or advanced geospatial information and remote sensing tools for coastal mapping derived from the analysis of such data to the Corps of Engineers, other Federal agencies, States, and other stakeholders;

(2) shall implement coastal surveying based on findings of the national coastal mapping study carried out under section 8110 of the Water Resources Development Act of 2022 (136 Stat. 3702);

(3) shall conduct research and development on bathymetric liDAR and ancillary technologies necessary to advance coastal mapping capabilities in order to exploit data with increased efficiently and greater accuracy;

(4) with respect to any region affected by a hurricane rated category 3 or higher, shall—

(A) conduct coastal mapping of such region;

(B) determine volume changes at Federal projects in such region;

(C) quantify damage to navigation infrastructure in such region;

(D) assess environmental impacts to such region, measure any coastal impacts; and

(E) make any data gathered under this paragraph publicly available not later than 2 weeks after the acquisition of such data;

(5) at the request of another Federal entity or a State or local government entity, may provide subject matter expertise, mapping services, and technology evolution assistance;

(6) may enter into an agreement with another Federal agency or a State agency to accept funds from such agency to expand the coverage of the program to efficiently meet the needs of such agency;

(7) shall coordinate with representatives of the Naval Meteorology and Oceanography Command, the National Oceanic and Atmospheric Administration, United States Geological Survey, and any other representative of a Federal agency that the Secretary determines necessary, to support any relevant Federal, State, or local agency through participation in working groups, committees, and organizations;

(8) may maintain the panel of senior leaders established under section 8110(e) of the Water Resources Development Act of 2022; and

(9) may convene an annual coastal mapping community of practice meeting to discuss and identify technical topics and challenges to inform such panel in carrying out the duties of such panel.

(c) Authorization of appropriations

There is authorized to be appropriated to carry out this section for each fiscal year $15,000,000, to remain available until expended.

(Pub. L. 118–272, div. A, title I, §1123, Jan. 4, 2025, 138 Stat. 3015.)

Editorial Notes

References in Text

Section 8110 of the Water Resources Development Act of 2022, referred to in subsec. (b)(2), (8), is section 8110 of title LXXXI of div. H of Pub. L. 117–263, Dec. 23, 2022, 136 Stat. 3702, which is not classified to the Code.

Codification

Section was enacted as part of the Water Resources Development Act of 2024, and also as part of the Thomas R. Carper Water Resources Development Act of 2024, 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 div. A of Pub. L. 118–272, set out as a note under section 2201 of this title.
33 U.S.C. § 569e (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 569e: Use of private sector resources in surveying and mapping
Use of private sector resources in surveying and mapping
Status: in_force

To the maximum extent practicable, the Secretary shall make use of private sector resources in carrying out surveying and mapping activities in the Civil Works Program of the Corps of Engineers.

(Pub. L. 102–580, title II, §212, Oct. 31, 1992, 106 Stat. 4831.)

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 3 of Pub. L. 102–580, set out as a note under section 2201 of this title.
33 U.S.C. § 3803 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 51: CLEAN HULLS / Subchapter I: GENERAL PROVISIONS / Section 3803: Administration and enforcement
Administration and enforcement
Status: in_force

(a) In general

Unless otherwise specified in this chapter, with respect to a vessel, the Secretary shall administer and enforce the Convention and this chapter.

(b) Administrator

Except with respect to section 3841(b) and (c) of this title, the Administrator shall administer and enforce subchapter III.

(c) Regulations

The Administrator and the Secretary may each prescribe and enforce regulations as may be necessary to carry out their respective responsibilities under this chapter.

(Pub. L. 111–281, title X, §1013, Oct. 15, 2010, 124 Stat. 3025.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c), was in the original "this title", meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
33 U.S.C. § 50 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 50: Turtle Bay and Turtle Bayou, Texas
Turtle Bay and Turtle Bayou, Texas
Status: in_force

Turtle Bay and Turtle Bayou, in Chambers County, in the State of Texas, are declared to be nonnavigable waterways within the meaning of the Constitution and laws of the United States of America.

The existing project for Turtle Bayou, Texas, authorized by the Rivers and Harbors Act approved June 25, 1910 (Act June 25, 1910, ch. 382, 36 Stat. 630), is abandoned.

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

(Mar. 10, 1937, ch. 36, §§1–3, 50 Stat. 28.)

Editorial Notes

References in Text

The Rivers and Harbors Act approved June 25, 1910, referred to in text, is act June 25, 1910, ch. 382, 36 Stat. 630, which is classified to sections 546, 564, and 643 of this title. For complete classification of this Act to the Code, see Tables.
33 U.S.C. § 59kk (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 59kk: Wateree River
Wateree River
Status: in_force

For purposes of bridge administration, the portion of the Wateree River in the State of South Carolina, from a point 100 feet upstream of the railroad bridge located at approximately mile marker 10.0 to a point 100 feet downstream of such bridge, is declared to not be navigable waters of the United States for purposes of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.).

(Pub. L. 108–293, title VI, §610, Aug. 9, 2004, 118 Stat. 1058.)

Editorial Notes

References in Text

The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, which is classified generally to subchapter III (§525 et seq.) of chapter 11 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables.
33 U.S.C. § 1106 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 22: SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT / Subchapter I: MARINE RESOURCES AND ENGINEERING DEVELOPMENT / Section 1106: Reports to Congress
Reports to Congress
Status: in_force

(a) The President shall transmit to the Congress biennially in January a report, which shall include (1) a comprehensive description of the activities and the accomplishments of all agencies and departments of the United States in the field of marine science during the preceding fiscal year, and (2) an evaluation of such activities and accomplishments in terms of the objectives set forth pursuant to this Act.

(b) Reports made under this section shall contain such recommendations for legislation as the President may consider necessary or desirable for the attainment of the objectives of this Act, and shall contain an estimate of funding requirements of each agency and department of the United States for marine science activities during the succeeding fiscal year.

(Pub. L. 89–454, title I, §7, June 17, 1966, 80 Stat. 207; Pub. L. 99–386, title II, §203(a), Aug. 22, 1986, 100 Stat. 823.)

Editorial Notes

References in Text

This Act, referred to in text, is Pub. L. 89–454, June 17, 1966, 80 Stat. 203, which, at the time this section was enacted, consisted only of sections 1 to 9, which are classified generally to this subchapter. Pub. L. 89–688, §2, Oct. 15, 1966, 80 Stat. 1001, redesignated the Act as title I and made conforming amendments, substituting references to title I for previous references to the Act as a whole, but not in this section. Pub. L. 89–454 was amended by Pub. L. 89–688 by adding title II, which is classified generally to subchapter II of this chapter, and later by Pub. L. 92–583 by adding title III, which is classified generally to chapter 33 (§1451 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Tables.

Amendments

1986—Subsec. (a). Pub. L. 99–386 substituted "biennially in January" for "in January of each year".
33 U.S.C. § 2238b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter II: HARBOR DEVELOPMENT / Section 2238b: Funding for harbor maintenance programs
Funding for harbor maintenance programs
Status: in_force

(a) Definitions

In this section:

(1) Total amount of harbor maintenance taxes received

The term "total amount of harbor maintenance taxes received" means, with respect to a fiscal year, the aggregate of amounts appropriated, transferred, or credited to the Harbor Maintenance Trust Fund under section 9505(a) of title 26 for that fiscal year as set forth in the current year estimate provided in the President's budget request for the subsequent fiscal year, submitted pursuant to section 1105 of title 31.

(2) Total budget resources

The term "total budget resources" means the total amount made available by appropriations Acts from the Harbor Maintenance Trust Fund for a fiscal year for making expenditures under section 9505(c) of title 26.

(b) Target appropriations

(1) In general

Except as provided in subsection (c), the target total budget resources made available to the Secretary from the Harbor Maintenance Trust Fund for a fiscal year shall be not less than the following:

(A) For fiscal year 2015, 67 percent of the total amount of harbor maintenance taxes received in fiscal year 2014.

(B) For fiscal year 2016, 69 percent of the total amount of harbor maintenance taxes received in fiscal year 2015.

(C) For fiscal year 2017, 71 percent of the total amount of harbor maintenance taxes received in fiscal year 2016.

(D) For fiscal year 2018, 74 percent of the total amount of harbor maintenance taxes received in fiscal year 2017.

(E) For fiscal year 2019, 77 percent of the total amount of harbor maintenance taxes received in fiscal year 2018.

(F) For fiscal year 2020, 80 percent of the total amount of harbor maintenance taxes received in fiscal year 2019.

(G) For fiscal year 2021, 83 percent of the total amount of harbor maintenance taxes received in fiscal year 2020.

(H) For fiscal year 2022, 87 percent of the total amount of harbor maintenance taxes received in fiscal year 2021.

(I) For fiscal year 2023, 91 percent of the total amount of harbor maintenance taxes received in fiscal year 2022.

(J) For fiscal year 2024, 95 percent of the total amount of harbor maintenance taxes received in fiscal year 2023.

(K) For fiscal year 2025, and each fiscal year thereafter, 100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year.

(2) Use of amounts

The total budget resources described in paragraph (1) may be used only for making expenditures under section 9505(c) of title 26.

(c) Exception

If the target total budget resources for a fiscal year described in subparagraphs (A) through (J) of subsection (b)(1) is lower than the target total budget resources for the previous fiscal year, the target total budget resources shall be adjusted to be equal to the lesser of—

(1) 103 percent of the total budget resources appropriated for the previous fiscal year; or

(2) 100 percent of the total amount of harbor maintenance taxes received in the previous fiscal year.

(d) Impact on other funds

(1) Sense of Congress

It is the sense of Congress that any increase in funding for harbor maintenance programs under this section shall result from an overall increase in appropriations for the civil works program of the Corps of Engineers and not from reductions in the appropriations for other programs, projects, and activities carried out by the Corps of Engineers for other authorized purposes.

(2) Application

The target total budget resources for a fiscal year specified in subsection (b)(1) shall only apply in a fiscal year for which the level of appropriations provided for the civil works program of the Corps of Engineers in that fiscal year is increased, as compared to the previous fiscal year, by a dollar amount that is at least equivalent to the dollar amount necessary to address such target total budget resources in that fiscal year.

(Pub. L. 113–121, title II, §2101, June 10, 2014, 128 Stat. 1272; Pub. L. 114–322, title I, §1108, Dec. 16, 2016, 130 Stat. 1634.)

Editorial Notes

Codification

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

Amendments

Subsec. (b)(1). Pub. L. 114–322, §1108(1), substituted "Except as provided in subsection (c), the target total" for "The target total" in introductory provisions.

Subsecs. (c), (d). Pub. L. 114–322, §1108(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).

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. § 701g (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 15: FLOOD CONTROL / Section 701g: Removal of obstructions; clearing channels
Removal of obstructions; clearing channels
Status: in_force

The Secretary of the Army is authorized to allot not to exceed $15,000,000 from any appropriations heretofore or hereafter made for any one fiscal year for flood control, for removing accumulated snags and other debris, for preventing and mitigating flood damages associated with ice jams, and clearing and straightening the channel in navigable streams and tributaries thereof, when in the opinion of the Chief of Engineers such work is advisable in the interest of flood control: Provided, That not more than $1,000,000 shall be expended for this purpose for any single tributary from the appropriations for any one fiscal year.

(Aug. 28, 1937, ch. 877, §2, 50 Stat. 877; Aug. 11, 1939, ch. 699, §1, 53 Stat. 1414; Aug. 18, 1941, ch. 377, §9, 55 Stat. 650; July 24, 1946, ch. 596, §13, 60 Stat. 652; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; Sept. 3, 1954, ch. 1264, title II, §208, 68 Stat. 1266; Pub. L. 93–251, title I, §26, Mar. 7, 1974, 88 Stat. 20; Pub. L. 99–662, title IX, §915(b), Nov. 17, 1986, 100 Stat. 4191; Pub. L. 118–272, div. A, title I, §1107(f), Jan. 4, 2025, 138 Stat. 3005.)

Editorial Notes

Amendments

2025—Pub. L. 118–272 substituted "$15,000,000" for "$7,500,000" and "$1,000,000" for "$500,000" and inserted "for preventing and mitigating flood damages associated with ice jams," after "other debris,".

1986—Pub. L. 99–662 substituted "$7,500,000" for "$5,000,000" and "$500,000" for "$250,000".

1974—Pub. L. 93–251 substituted "$5,000,000" for "$2,000,000" and "$250,000" for "$100,000".

1954—Act Sept. 3, 1954, substituted "$2,000,000" for "$1,000,000" and "$100,000" for "$50,000".

1946—Act July 24, 1946, substituted "$1,000,000" for "$500,000" and "$50,000" for "$25,000".

1941—Act Aug. 18, 1941, substituted "$500,000" for "$300,000".

1939—Act Aug. 11, 1939, authorized Secretary to allot instead of to approve amount for flood control and limited amount allotted instead of expended for any single tributary.

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.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–662 not applicable to any project under contract for construction on Nov. 17, 1986, see section 915(i) of Pub. L. 99–662, set out as a note under section 426g of this title.
33 U.S.C. § 1515 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 29: DEEPWATER PORTS / Section 1515: Citizen civil action
Citizen civil action
Status: in_force

(a) Equitable relief; case or controversy; district court jurisdiction

Except as provided in subsection (b) of this section, any person may commence a civil action for equitable relief on his own behalf, whenever such action constitutes a case or controversy—

(1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any provision of this chapter or any condition of a license issued pursuant to this chapter; or

(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. Any action brought against the Secretary under this paragraph shall be brought in the district court for the District of Columbia or the district of the appropriate adjacent coastal State.

In suits brought under this chapter, the district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any provision of this chapter or any condition of a license issued pursuant to this chapter, or to order the Secretary to perform such act or duty, as the case may be.

(b) Notice; intervention of right by person

No civil action may be commenced—

(1) under subsection (a)(1) of this section—

(A) prior to 60 days after the plaintiff has given notice of the violation (i) to the Secretary and (ii) to any alleged violator; or

(B) if the Secretary or the Attorney General has commenced and is diligently prosecuting a civil or criminal action with respect to such matters in a court of the United States, but in any such action any person may intervene as a matter of right; or

(2) under subsection (a)(2) of this section prior to 60 days after the plaintiff has given notice of such action to the Secretary.

Notice under this subsection shall be given in such a manner as the Secretary shall prescribe by regulation.

(c) Intervention of right by Secretary or Attorney General

In any action under this section, the Secretary or the Attorney General, if not a party, may intervene as a matter of right.

(d) Costs of litigation; attorney and witness fees

The Court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines that such an award is appropriate.

(e) Statutory or common law rights unaffected

Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement or to seek any other relief.

(Pub. L. 93–627, §16, Jan. 3, 1975, 88 Stat. 2140.)
33 U.S.C. § 1293 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter II: GRANTS FOR CONSTRUCTION OF TREATMENT WORKS / Section 1293: Loan guarantees
Loan guarantees
Status: in_force

(a) State or local obligations issued exclusively to Federal Financing Bank for publicly owned treatment works; determination of eligibility of project by Administrator

Subject to the conditions of this section and to such terms and conditions as the Administrator determines to be necessary to carry out the purposes of this subchapter, the Administrator is authorized to guarantee, and to make commitments to guarantee, the principal and interest (including interest accruing between the date of default and the date of the payment in full of the guarantee) of any loan, obligation, or participation therein of any State, municipality, or intermunicipal or interstate agency issued directly and exclusively to the Federal Financing Bank to finance that part of the cost of any grant-eligible project for the construction of publicly owned treatment works not paid for with Federal financial assistance under this subchapter (other than this section), which project the Administrator has determined to be eligible for such financial assistance under this subchapter, including, but not limited to, projects eligible for reimbursement under section 1286 of this title.

(b) Conditions for issuance

No guarantee, or commitment to make a guarantee, may be made pursuant to this section—

(1) unless the Administrator certifies that the issuing body is unable to obtain on reasonable terms sufficient credit to finance its actual needs without such guarantee; and

(2) unless the Administrator determines that there is a reasonable assurance of repayment of the loan, obligation, or participation therein.

A determination of whether financing is available at reasonable rates shall be made by the Secretary of the Treasury with relationship to the current average yield on outstanding marketable obligations of municipalities of comparable maturity.

(c) Fees for application investigation and issuance of commitment guarantee

The Administrator is authorized to charge reasonable fees for the investigation of an application for a guarantee and for the issuance of a commitment to make a guarantee.

(d) Commitment for repayment

The Administrator, in determining whether there is a reasonable assurance of repayment, may require a commitment which would apply to such repayment. Such commitment may include, but not be limited to, any funds received by such grantee from the amounts appropriated under section 1286 of this title.

(June 30, 1948, ch. 758, title II, §213, as added Pub. L. 94–558, Oct. 19, 1976, 90 Stat. 2639; amended Pub. L. 96–483, §2(e), Oct. 21, 1980, 94 Stat. 2361.)

Editorial Notes

Amendments

1980—Subsec. (d). Pub. L. 96–483 struck out "(1) all or any portion of the funds retained by such grantee under section 1284(b)(3) of this title, and (2)" after "limited to".

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–483 effective Dec. 27, 1977, see section 2(g) of Pub. L. 96–483, set out as a note under section 1281 of this title.
33 U.S.C. § 411 (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 411: Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and obstruction of navigable waters generally
Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and obstruction of navigable waters generally
Status: in_force

Every person and every corporation that shall violate, or that shall knowingly aid, abet, authorize, or instigate a violation of the provisions of sections 407, 408, 409, 414, and 415 of this title shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of up to $25,000 per day, or by imprisonment (in the case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction.

(Mar. 3, 1899, ch. 425, §16, 30 Stat. 1153; Pub. L. 104–303, title II, §218(a), Oct. 12, 1996, 110 Stat. 3696.)

Editorial Notes

Codification

Section is from part of section 16 of act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899". The balance of such section, relating to liability of masters, pilots, and so forth and of vessels engaged in violations, is classified to section 412 of this title.

Amendments

1996—Pub. L. 104–303 substituted "407, 408, 409, 414, and 415" for "407, 408, and 409" and "of up to $25,000 per day" for "not exceeding twenty-five hundred dollars nor less than five hundred dollars".
33 U.S.C. § 3207 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 45: TSUNAMI WARNING AND EDUCATION / Section 3207: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are authorized to be appropriated to the Administrator to carry out this chapter—

(1) $25,000,000 for fiscal year 2008, of which—

(A) not less than 27 percent of the amount appropriated shall be for the tsunami hazard mitigation program under section 3204 of this title; and

(B) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 3205 of this title;

(2) $26,000,000 for fiscal year 2009, of which—

(A) not less than 27 percent of the amount appropriated shall be for the tsunami hazard mitigation program under section 3204 of this title; and

(B) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 3205 of this title;

(3) $27,000,000 for fiscal year 2010, of which—

(A) not less than 27 percent of the amount appropriated shall be for the tsunami hazard mitigation program under section 3204 of this title; and

(B) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 3205 of this title;

(4) $28,000,000 for fiscal year 2011, of which—

(A) not less than 27 percent of the amount appropriated shall be for the tsunami hazard mitigation program under section 3204 of this title; and

(B) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 3205 of this title;

(5) $29,000,000 for fiscal year 2012, of which—

(A) not less than 27 percent of the amount appropriated shall be for the tsunami hazard mitigation program under section 3204 of this title; and

(B) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 3205 of this title; and

(6) $25,800,000 for each of fiscal years 2016 through 2021, of which—

(A) not less than 27 percent of the amount appropriated for each fiscal year shall be for activities conducted at the State level under the tsunami hazard mitigation program under section 3204 of this title; and

(B) not less than 8 percent of the amount appropriated shall be for the tsunami research program under section 3205 of this title.

(Pub. L. 109–424, §8, Dec. 20, 2006, 120 Stat. 2908; Pub. L. 109–479, title VIII, §809, formerly §808, Jan. 12, 2007, 120 Stat. 3660; renumbered §809 and amended Pub. L. 115–25, title V, §§508(a)(1), 510, 512(a), Apr. 18, 2017, 131 Stat. 124, 127, 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.

Amendments

2017—Par. (6). Pub. L. 115–25, §510, which directed the addition of par. (6) to this section "as redesignated by section __08(a)(1)" of Pub. L. 115–25, was executed by adding par. (6) to this section as redesignated by section 508(a)(1) of Pub. L. 115–25, to reflect the probable intent of Congress.
33 U.S.C. § 3022 (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 3022: Personnel boards
Personnel boards
Status: in_force

(a) Convening

Not less frequently than once each year and at such other times as the Secretary determines necessary, the Secretary shall convene a personnel board.

(b) Membership

(1) In general

A board convened under subsection (a) shall consist of five or more officers who are serving in or above the permanent grade of the officers under consideration by the board.

(2) Retired officers

Officers on the retired list may be recalled to serve on such personnel boards as the Secretary considers necessary.

(3) No membership on two successive boards

No officer may be a member of two successive personnel boards convened to consider officers of the same grade for promotion or separation.

(c) Duties

Each personnel board shall—

(1) recommend to the Secretary such changes as may be necessary to correct any erroneous position on the lineal list that was caused by administrative error; and

(2) make selections and recommendations to the Secretary and the President for the appointment, promotion, involuntary separation, continuation, and involuntary retirement of officers in the commissioned officer corps of the Administration as prescribed in this chapter.

(d) Action on recommendations not acceptable

If any recommendation by a board convened under subsection (a) is not accepted by the Secretary or the President, the board shall make such further recommendations as the Secretary or the President considers appropriate.

(e) Authority for officers to opt out of promotion consideration

(1) In general

The Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps may provide that an officer, upon the officer's request and with the approval of the Director, be excluded from consideration for promotion by a personnel board convened under this section.

(2) Approval

The Director shall approve a request made by an officer under paragraph (1) only if—

(A) the basis for the request is to allow the officer to complete a broadening assignment, advanced education, another assignment of significant value to the Administration, a career progression requirement delayed by the assignment or education, or a qualifying personal or professional circumstance, as determined by the Director;

(B) the Director determines the exclusion from consideration is in the best interest of the Administration; and

(C) the officer has not previously failed selection for promotion to the grade for which the officer requests the exclusion from consideration.

(Pub. L. 107–372, title II, §222, Dec. 19, 2002, 116 Stat. 3085; Pub. L. 116–259, title III, §302, Dec. 23, 2020, 134 Stat. 1171.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (c)(2), was in the original "this title", meaning title II of Pub. L. 107–372, Dec. 19, 2002, 116 Stat. 3082, which is classified principally to this chapter. For complete classification of this title to the Code, see Short Title note set out under section 3001 of this title and Tables.

Prior Provisions

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

Amendments

2020—Pub. L. 116–259 amended section generally. Prior to amendment, section related to convening, duties and recommendations of personnel boards.
33 U.S.C. § 883b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter II: SURVEYS / Section 883b: Dissemination of data; further activities
Dissemination of data; further activities
Status: in_force

In order that full public benefit may be derived from the operations of the National Ocean Survey by the dissemination of data resulting from the activities herein authorized and of related data from other sources, the Secretary of Commerce is authorized to conduct the following activities:

(1) Analysis and prediction of tide and current data;

(2) Processing and publication of data, information, compilations, and reports;

(3) Compilation and printing of nautical charts;

(4) Distribution of nautical charts and related navigational publications.

(Aug. 6, 1947, ch. 504, §2, 61 Stat. 787; 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; Pub. L. 106–181, title VI, §605(a), Apr. 5, 2000, 114 Stat. 154.)

Editorial Notes

Amendments

2000—Par. (3). Pub. L. 106–181, §605(a)(1), (2), redesignated par. (4) as (3), substituted "charts;" for "charts of the United States, its Territories, and possessions;" and struck out former par. (3) which read as follows: "Compilation and printing of aeronautical charts of the United States, its Territories, and possessions; and, in addition, the compilation and printing of such aeronautical charts covering international airways as are required primarily by United States Civil aviation;".

Par. (4). Pub. L. 106–181, §605(a)(1), (3), redesignated par. (6) as (4) and substituted "publications" for "publications for the United States, its Territories, and possessions". Former par. (4) redesignated (3).

Par. (5). Pub. L. 106–181, §605(a)(1), struck out par. (5) which read as follows: "Distribution of aeronautical charts and related navigational publications required by United States civil aviation;".

Par. (6). Pub. L. 106–181, §605(a)(1), redesignated par. (6) as (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of Title 49, Transportation.

Executive Documents

Transfer of Functions

Office of Director of Coast and Geodetic Survey abolished and 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, 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. Subsequently, Environmental Science Services Administration abolished and National Oceanic and Atmospheric Administration established 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. By Department Organization Order 25–5A, Secretary delegated to NOAA his functions under this chapter of the Code. By order of Acting Associate Administrator of NOAA, organizational name of Coast and Geodetic Survey changed to National Ocean Survey. For further details, see note set out under section 851 of this title.
33 U.S.C. § 1412a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 27: OCEAN DUMPING / Subchapter I: REGULATION / Section 1412a: Emergency dumping of industrial waste
Emergency dumping of industrial waste
Status: in_force

(a) Issuance of emergency permits

Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 [33 U.S.C. 1414b], after December 31, 1981, the Administrator may issue emergency permits under title I of such Act [33 U.S.C. 1411 et seq.] for the dumping of industrial waste into ocean waters, or into waters described in such section 101(b) [33 U.S.C. 1411(b)], if the Administrator determines that there has been demonstrated to exist an emergency, requiring the dumping of such waste, which poses an unacceptable risk relating to human health and admits of no other feasible solution. As used herein, "emergency" refers to situations requiring action with a marked degree of urgency.

(b) "Industrial waste" defined

For purposes of this section, the term "industrial waste" means any solid, semisolid, or liquid waste generated by a manufacturing or processing plant.

(Pub. L. 95–153, §4, Nov. 4, 1977, 91 Stat. 1255; Pub. L. 96–572, §2, Dec. 22, 1980, 94 Stat. 3344; Pub. L. 100–688, title I, §1003(a), Nov. 18, 1988, 102 Stat. 4149.)

Editorial Notes

References in Text

The Marine Protection, Research, and Sanctuaries Act of 1972, referred to in subsec. (a), is Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1052. Title I of the Act is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 1401 of this title and Tables.

Such section 101(b), referred to in subsec. (b), means section 101(b) of the Marine Protection, Research, and Sanctuaries Act of 1972.

Codification

Section was not enacted as part of the Marine Protection, Research, and Sanctuaries Act of 1972 which comprises this chapter.

Amendments

1988—Subsec. (a). Pub. L. 100–688, §1003(a)(1), (3)–(5), redesignated subsec. (c) as (a), substituted "Notwithstanding section 104B of the Marine Protection, Research, and Sanctuaries Act of 1972 after" for "After", and "title I of such Act" for "such title I". Former subsec. (a), which related to cessation of dumping, with exceptions, was struck out.

Subsec. (b). Pub. L. 100–688, §1003(a)(2), (7), added subsec. (b). Former subsec. (b), which related to issuance of permits for dumping of industrial waste, was struck out.

Subsec. (c). Pub. L. 100–688, §1003(a)(3), redesignated subsec. (c) as (a).

Subsec. (d). Pub. L. 100–688, §1003(a)(6), struck out subsec. (d) which related to definitions.

1980—Subsec. (a). Pub. L. 96–572, §2(1), inserted applicability to industrial waste, exceptions respecting subsecs. (b) and (c) of this section, and conforming changes in phraseology.

Subsec. (b). Pub. L. 96–572, §2(2), added subsec. (b). Former subsec. (b), defining "sewage sludge", was struck out.

Subsecs. (c), (d). Pub. L. 96–572, §2(2), added subsecs. (c) and (d).
33 U.S.C. § 3104 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 44: OCEANS AND HUMAN HEALTH / Section 3104: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are authorized to be appropriated to the Secretary of Commerce to carry out the National Oceanic and Atmospheric Administration Oceans and Human Health Initiative, $60,000,000 for fiscal years 2005 through 2008. Not less than 50 percent of the amounts appropriated to carry out the initiative shall be utilized in each fiscal year to support the extramural grant and traineeship programs of the Initiative.

(Pub. L. 108–447, div. B, title IX, §905, Dec. 8, 2004, 118 Stat. 2934.)
33 U.S.C. § 1302e (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter II: GRANTS FOR CONSTRUCTION OF TREATMENT WORKS / Section 1302e: Connection to publicly owned treatment works
Connection to publicly owned treatment works
Status: in_force

(a) Definitions

In this section:

(1) Eligible entity

The term "eligible entity" means—

(A) an owner or operator of a publicly owned treatment works that assists or is seeking to assist low-income or moderate-income individuals with connecting the household of the individual to the publicly owned treatment works; or

(B) a nonprofit entity that assists low-income or moderate-income individuals with the costs associated with connecting the household of the individual to a publicly owned treatment works.

(2) Program

The term "program" means the competitive grant program established under subsection (b).

(3) Qualified individual

The term "qualified individual" has the meaning given the term "eligible individual" in section 1383(j) of this title.

(b) Establishment

Subject to the availability of appropriations, the Administrator shall establish a competitive grant program with the purpose of improving general welfare, under which the Administrator awards grants to eligible entities to provide funds to assist qualified individuals in covering the costs incurred by the qualified individual in connecting the household of the qualified individual to a publicly owned treatment works.

(c) Application

(1) In general

An eligible entity seeking a grant under the program shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may by regulation require.

(2) Requirement

Not later than 90 days after the date on which the Administrator receives an application from an eligible entity under paragraph (1), the Administrator shall notify the eligible entity of whether the Administrator will award a grant to the eligible entity under the program.

(d) Selection criteria

In selecting recipients of grants under the program, the Administrator shall use the following criteria:

(1) Whether the eligible entity seeking a grant provides services to, or works directly with, qualified individuals.

(2) Whether the eligible entity seeking a grant—

(A) has an existing program to assist in covering the costs incurred in connecting a household to a publicly owned treatment works; or

(B) seeks to create a program described in subparagraph (A).

(e) Requirements

(1) Voluntary connection

Before providing funds to a qualified individual for the costs described in subsection (b), an eligible entity shall ensure that—

(A) the qualified individual has connected to the publicly owned treatment works voluntarily; and

(B) if the eligible entity is not the owner or operator of the publicly owned treatment works to which the qualified individual has connected, the publicly owned treatment works to which the qualified individual has connected has agreed to the connection.

(2) Reimbursements from publicly owned treatment works

An eligible entity that is an owner or operator of a publicly owned treatment works may reimburse a qualified individual that has already incurred the costs described in subsection (b) by—

(A) reducing the amount otherwise owed by the qualified individual to the owner or operator for wastewater or other services provided by the owner or operator; or

(B) providing a direct payment to the qualified individual.

(f) Authorization of appropriations

(1) In general

There is authorized to be appropriated to carry out the program $40,000,000 for each of fiscal years 2022 through 2026.

(2) Limitations on use of funds

(A) Small systems

Of the amounts made available for grants under paragraph (1), to the extent that there are sufficient applications, not less than 15 percent shall be used to make grants to—

(i) eligible entities described in subsection (a)(1)(A) that are owners and operators of publicly owned treatment works that serve fewer than 3,300 people; and

(ii) eligible entities described in subsection (a)(1)(B) that provide the assistance described in that subsection in areas that are served by publicly owned treatment works that serve fewer than 3,300 people.

(B) Administrative costs

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, §227, as added Pub. L. 117–58, div. E, title II, §50209, Nov. 15, 2021, 135 Stat. 1167.)
33 U.S.C. § 552 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 552: Repealed. May 29, 1928, ch. 901, §1(28), 45 Stat. 988
Repealed. May 29, 1928, ch. 901, §1(28), 45 Stat. 988
Status: repealed

Section, act Aug. 5, 1886, ch. 929, §8, 24 Stat. 335, required reports to Congress concerning civilian engineers employed in improving rivers and harbors.
33 U.S.C. § 2711 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 40: OIL POLLUTION / Subchapter I: OIL POLLUTION LIABILITY AND COMPENSATION / Section 2711: Consultation on removal actions
Consultation on removal actions
Status: in_force

The President shall consult with the affected trustees designated under section 2706 of this title on the appropriate removal action to be taken in connection with any discharge of oil. For the purposes of the National Contingency Plan, removal with respect to any discharge shall be considered completed when so determined by the President in consultation with the Governor or Governors of the affected States. However, this determination shall not preclude additional removal actions under applicable State law.

(Pub. L. 101–380, title I, §1011, Aug. 18, 1990, 104 Stat. 498.)

Executive Documents

Delegation of Functions

Functions of President under this section delegated to Administrator of Environmental Protection Agency for inland zone and to Secretary of Department in which Coast Guard is operating for coastal zone by section 3 of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54757, set out as a note under section 1321 of this title.
33 U.S.C. § 1013 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 20: POLLUTION OF THE SEA BY OIL / Section 1013: Repealed. Pub. L. 96-478, §12, Oct. 21, 1980, 94 Stat. 2303
Repealed. Pub. L. 96-478, §12, Oct. 21, 1980, 94 Stat. 2303
Status: repealed

Section 1013, Pub. L. 87–167, §13, formerly §14, Aug. 30, 1961, 75 Stat. 407; renumbered Pub. L. 93–119, §2(13), Oct. 4, 1973, 87 Stat. 428, authorized appropriations to carry out this chapter.

Section 1014, Pub. L. 87–167, §15, formerly §16, Aug. 30, 1961, 75 Stat. 407; renumbered and amended Pub. L. 93–119, §2(14), Oct. 4, 1973, 87 Stat. 428, related to effect of this chapter on section 1321 of this title and section 89 of Title 14, Coast Guard.

Section 1015, Pub. L. 87–167, §17, Aug. 30, 1961, 75 Stat. 407; Pub. L. 89–551, §1(10), Sept. 1, 1966, 80 Stat. 375, specified the effective date of this chapter and provided savings provision for rights, liabilities, procedures, or regulations existing on the effective date of this chapter. Pub. L. 93–119, §2(15), Oct. 4, 1973, 87 Stat. 428, which provided for the repeal of this section was repealed by section 12 of Pub. L. 96–478.

Section 1016, Pub. L. 93–119, §3, Oct. 4, 1973, 87 Stat. 428, provided effective date of 1973 amendments to this chapter by Pub. L. 93–119, the subsections covering the following subject matter: subsec. (a) general effective date; subsec. (b) savings provision; and subsec. (c) effective date of section 1004(d) and (e) of this title.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Oct. 2, 1983, see section 14(a) of Pub. L. 96–478, set out as an Effective Date note under section 1901 of this title.
33 U.S.C. § 2751 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 40: OIL POLLUTION / Subchapter III: MISCELLANEOUS / Section 2751: Savings provision
Savings provision
Status: in_force

(a) Cross-references

A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act.

(b) Continuation of regulations

An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded.

(c) Rule of construction

An inference of legislative construction shall not be drawn by reason of the caption or catch line of a provision enacted by this Act.

(d) Actions and rights

Nothing in this Act shall apply to any rights and duties that matured, penalties that were incurred, and proceedings that were begun before August 18, 1990, except as provided by this section, and shall be adjudicated pursuant to the law applicable on the date prior to August 18, 1990.

(e) Admiralty and maritime law

Except as otherwise provided in this Act, this Act does not affect—

(1) admiralty and maritime law; or

(2) the jurisdiction of the district courts of the United States with respect to civil actions under admiralty and maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.

(Pub. L. 101–380, title VI, §6001, Aug. 18, 1990, 104 Stat. 554.)

Editorial Notes

References in Text

This Act, referred to in text, is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.
33 U.S.C. § 29 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 29: Cuivre River, Missouri
Cuivre River, Missouri
Status: in_force

Cuivre River, in the counties of Lincoln and Saint Charles, in the State of Missouri, being the dividing line, is declared not to be a navigable stream, and shall be so treated by the Secretary of the Army and all other authorities.

(Mar. 23, 1900, ch. 88, 31 Stat. 50; 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. § 543 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 12: RIVER AND HARBOR IMPROVEMENTS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 543: Employment of civil engineers on western and northwestern rivers
Employment of civil engineers on western and northwestern rivers
Status: in_force

The Chief of Engineers may, with the approval of the Secretary of the Army, employ such civil engineers, not exceeding five in number, for the purpose of executing the surveys and improvements of western and northwestern rivers, ordered by Congress, as may be necessary to the proper and diligent prosecution of the same; and the persons so employed may be allowed a reasonable compensation for their services, not to exceed the sum of $3,000 a year.

(R.S. §5253; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

Codification

R.S. §5253 derived from Res. Mar. 29, 1867, No. 27, 15 Stat. 28.

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.

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. § 52 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 52: Park River, Connecticut
Park River, Connecticut
Status: in_force

The Park River, a minor tributary of the Connecticut River, located in Hartford County, Connecticut, is declared to be a nonnavigable waterway within the meaning of the Constitution and laws of the United States of America.

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

(May 24, 1937, ch. 246, §§1, 2, 50 Stat. 201.)
33 U.S.C. § 1051 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 21: INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA / Section 1051: Repealed. Pub. L. 95-75, §10, July 27, 1977, 91 Stat. 311
Repealed. Pub. L. 95-75, §10, July 27, 1977, 91 Stat. 311
Status: repealed

Section 1051, Pub. L. 88–131, §1, Sept. 24, 1963, 77 Stat. 194, authorized the President to proclaim the International Regulations for Preventing Collisions at Sea. See section 1602 of this title.

Section 1052, Pub. L. 88–131, §2, Sept. 24, 1963, 77 Stat. 194, provided for certification for alternative compliance covering Navy and Coast Guard vessels of special construction or purpose. See section 1605 of this title.

Section 1053, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 195, constituted an introductory statement for the regulations. See section 1602 of this title.

Section 1061, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 195, generally described the scope of sections 1061 to 1094.

Section 1062, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 196, set out the requirements for vessels while under way.

Section 1063, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 197, set the requirements for towing or pushing other vessels or seaplanes.

Section 1064, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 197, related to vessels and seaplanes not under command, and vessels engaged in certain operations.

Section 1065, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 198, related to sailing vessels under way, vessels or seaplanes being towed, and vessels being pushed ahead.

Section 1066, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 199, related to vessels in bad weather.

Section 1067, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 199, related to substitute lights for power-driven vessels towing or pushing other vessels, vessels under oars or sails, vessels being towed or pushed ahead, and rowing boats.

Section 1068, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 200, related to pilot-vessels on and off duty.

Section 1069, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 201, related to fishing vessels and trawling vessels.

Section 1070, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 202, related to stern and tail lights.

Section 1071, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 202, related to vessels and sea lanes at anchor and aground.

Section 1072, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 203, provided for the use of additional lights and signals when necessary.

Section 1073, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 203, related to ships of war, convoy vessels, fishing vessels, seaplanes in water, and naval and military vessels and seaplanes of special construction.

Section 1074, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 203, related to vessels proceeding under sail when also propelled by machinery.

Section 1075, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 203, set out general considerations concerning radar.

Section 1076, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 203, related to sound signals.

Section 1077, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 203, related to speed in weather restricting visibility.

Section 1078, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 205, set out the general considerations related to steering and sailing.

Section 1079, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 205, related to sailing vessels approaching one another.

Section 1080, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 205, related to power-driven vessels meeting end on.

Section 1081, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 206, related to power-driven vessels crossing.

Section 1082, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 206, related to vessels or seaplanes meeting.

Section 1083, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 206, related to vessels having the right of way and the duty in aiding to avert a collision.

Section 1084, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 206, related to the duty to take positive action to keep out of the way.

Section 1085, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 206, related to duty to slacken speed, stop, or reverse.

Section 1086, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 206, related to duty of overtaking vessels to keep out of the way.

Section 1087, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 207, related to duties of power-driven vessels in narrow channels.

Section 1088, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 207, related to right-of-way of fishing vessels.

Section 1089, Pub. L. 88–131, Sept. 24, 1963, 77 Stat. 207, related to departure from rules in special circumstances to avoid immediate danger.

Section 1090, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 207, related to sound signals indicating course.

Section 1091, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 208, related to additional precautions.

Section 1092, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 208, related to rules for harbours and inland navigation.

Section 1093, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 208, related to distress signals.

Section 1094, Pub. L. 88–131, §4, Sept. 24, 1963, 77 Stat. 209, set out general considerations and recommendations on the use of radar information as an aid to avoiding collisions at sea.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective July 15, 1977, see section 10 of Pub. L. 95–75, set out in part as a note under section 1601 of this title.

Executive Documents

Executive Order No. 11239

Ex. Ord. No. 11239, July 31, 1965, 30 F.R. 9671, as amended by Ex. Ord. No. 13286, §65, Feb. 28, 2003, 68 F.R. 10629, which enforced the Convention for the Safety of Life at Sea, 1960, was superseded, to the extent that the International Convention for the Safety of Life at Sea, 1974, signed at London on Nov. 1, 1974, replaced and abrogated the International Convention for the Safety of Life at Sea, 1960, signed at London on June 17, 1960, by Ex. Ord. No. 12234, Sept. 3, 1980, 45 F.R. 58801, set out as a note under section 1602 of this title.

Proclamation No. 3632

Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, was the enabling proclamation for adopting Regulations for Preventing Collisions at Sea, 1960, under Pub. L. 88–131, Sept. 24, 1963, 77 Stat. 194.
33 U.S.C. § 1266 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter I: RESEARCH AND RELATED PROGRAMS / Section 1266: Hudson River reclamation demonstration project
Hudson River reclamation demonstration project
Status: in_force

(a) The Administrator is authorized to enter into contracts and other agreements with the State of New York to carry out a project to demonstrate methods for the selective removal of polychlorinated biphenyls contaminating bottom sediments of the Hudson River, treating such sediments as required, burying such sediments in secure landfills, and installing monitoring systems for such landfills. Such demonstration project shall be for the purpose of determining the feasibility of indefinite storage in secure landfills of toxic substances and of ascertaining the improvement of the rate of recovery of a toxic contaminated national waterway. No pollutants removed pursuant to this paragraph shall be placed in any landfill unless the Administrator first determines that disposal of the pollutants in such landfill would provide a higher standard of protection of the public health, safety, and welfare than disposal of such pollutants by any other method including, but not limited to, incineration or a chemical destruction process.

(b) The Administrator is authorized to make grants to the State of New York to carry out this section from funds allotted to such State under section 1285(a) of this title, except that the amount of any such grant shall be equal to 75 per centum of the cost of the project and such grant shall be made on condition that non-Federal sources provide the remainder of the cost of such project. The authority of this section shall be available until September 30, 1983. Funds allotted to the State of New York under section 1285(a) of this title shall be available under this subsection only to the extent that funds are not available, as determined by the Administrator, to the State of New York for the work authorized by this section under section 1265 or 1321 of this title or a comprehensive hazardous substance response and clean up fund. Any funds used under the authority of this subsection shall be deducted from any estimate of the needs of the State of New York prepared under section 1375(b) of this title. The Administrator may not obligate or expend more than $20,000,000 to carry out this section.

(June 30, 1948, ch. 758, title I, §116, as added Pub. L. 96–483, §10, Oct. 21, 1980, 94 Stat. 2363; amended Pub. L. 105–362, title V, §501(d)(2)(B), Nov. 10, 1998, 112 Stat. 3284; Pub. L. 107–303, title III, §302(b)(1), Nov. 27, 2002, 116 Stat. 2361.)

Editorial Notes

Amendments

2002—Subsec. (b). Pub. L. 107–303 repealed Pub. L. 105–362, §501(d)(2)(B). See 1998 Amendment note below.

1998—Subsec. (b). Pub. L. 105–362, §501(d)(2)(B), which directed the substitution of "section 1375 of this title" for "section 1375(b) of this title" in penultimate sentence, was repealed by Pub. L. 107–303. See Effective Date of 2002 Amendment note below.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–303 effective Nov. 10, 1998, and Federal Water Pollution Act (33 U.S.C. 1251 et seq.) to be applied and administered on and after Nov. 27, 2002, as if amendments made by section 501(a)–(d) of Pub. L. 105–362 had not been enacted, see section 302(b) of Pub. L. 107–303, set out as a note under section 1254 of this title.
33 U.S.C. § 2706 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 40: OIL POLLUTION / Subchapter I: OIL POLLUTION LIABILITY AND COMPENSATION / Section 2706: Natural resources
Natural resources
Status: in_force

(a) Liability

In the case of natural resource damages under section 2702(b)(2)(A) of this title, liability shall be—

(1) to the United States Government for natural resources belonging to, managed by, controlled by, or appertaining to the United States;

(2) to any State for natural resources belonging to, managed by, controlled by, or appertaining to such State or political subdivision thereof;

(3) to any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such Indian tribe; and

(4) in any case in which section 2707 of this title applies, to the government of a foreign country for natural resources belonging to, managed by, controlled by, or appertaining to such country.

(b) Designation of trustees

(1) In general

The President, or the authorized representative of any State, Indian tribe, or foreign government, shall act on behalf of the public, Indian tribe, or foreign country as trustee of natural resources to present a claim for and to recover damages to the natural resources.

(2) Federal trustees

The President shall designate the Federal officials who shall act on behalf of the public as trustees for natural resources under this Act.

(3) State trustees

The Governor of each State shall designate State and local officials who may act on behalf of the public as trustee for natural resources under this Act and shall notify the President of the designation.

(4) Indian tribe trustees

The governing body of any Indian tribe shall designate tribal officials who may act on behalf of the tribe or its members as trustee for natural resources under this Act and shall notify the President of the designation.

(5) Foreign trustees

The head of any foreign government may designate the trustee who shall act on behalf of that government as trustee for natural resources under this Act.

(c) Functions of trustees

(1) Federal trustees

The Federal officials designated under subsection (b)(2)—

(A) shall assess natural resource damages under section 2702(b)(2)(A) of this title for the natural resources under their trusteeship;

(B) may, upon request of and reimbursement from a State or Indian tribe and at the Federal officials' discretion, assess damages for the natural resources under the State's or tribe's trusteeship; and

(C) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.

(2) State trustees

The State and local officials designated under subsection (b)(3)—

(A) shall assess natural resource damages under section 2702(b)(2)(A) of this title for the purposes of this Act for the natural resources under their trusteeship; and

(B) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.

(3) Indian tribe trustees

The tribal officials designated under subsection (b)(4)—

(A) shall assess natural resource damages under section 2702(b)(2)(A) of this title for the purposes of this Act for the natural resources under their trusteeship; and

(B) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.

(4) Foreign trustees

The trustees designated under subsection (b)(5)—

(A) shall assess natural resource damages under section 2702(b)(2)(A) of this title for the purposes of this Act for the natural resources under their trusteeship; and

(B) shall develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.

(5) Notice and opportunity to be heard

Plans shall be developed and implemented under this section only after adequate public notice, opportunity for a hearing, and consideration of all public comment.

(d) Measure of damages

(1) In general

The measure of natural resource damages under section 2702(b)(2)(A) of this title is—

(A) the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of, the damaged natural resources;

(B) the diminution in value of those natural resources pending restoration; plus

(C) the reasonable cost of assessing those damages.

(2) Determine costs with respect to plans

Costs shall be determined under paragraph (1) with respect to plans adopted under subsection (c).

(3) No double recovery

There shall be no double recovery under this Act for natural resource damages, including with respect to the costs of damage assessment or restoration, rehabilitation, replacement, or acquisition for the same incident and natural resource.

(e) Damage assessment regulations

(1) Regulations

The President, acting through the Under Secretary of Commerce for Oceans and Atmosphere and in consultation with the Administrator of the Environmental Protection Agency, the Director of the United States Fish and Wildlife Service, and the heads of other affected agencies, not later than 2 years after August 18, 1990, shall promulgate regulations for the assessment of natural resource damages under section 2702(b)(2)(A) of this title resulting from a discharge of oil for the purpose of this Act.

(2) Rebuttable presumption

Any determination or assessment of damages to natural resources for the purposes of this Act made under subsection (d) by a Federal, State, or Indian trustee in accordance with the regulations promulgated under paragraph (1) shall have the force and effect of a rebuttable presumption on behalf of the trustee in any administrative or judicial proceeding under this Act.

(f) Use of recovered sums

Sums recovered under this Act by a Federal, State, Indian, or foreign trustee for natural resource damages under section 2702(b)(2)(A) of this title shall be retained by the trustee in a revolving trust account, without further appropriation, for use only to reimburse or pay costs incurred by the trustee under subsection (c) with respect to the damaged natural resources. Any amounts in excess of those required for these reimbursements and costs shall be deposited in the Fund.

(g) Compliance

Review of actions by any Federal official where there is alleged to be a failure of that official to perform a duty under this section that is not discretionary with that official may be had by any person in the district court in which the person resides or in which the alleged damage to natural resources occurred. The court may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party. Nothing in this subsection shall restrict any right which any person may have to seek relief under any other provision of law.

(Pub. L. 101–380, title I, §1006, Aug. 18, 1990, 104 Stat. 494.)

Editorial Notes

References in Text

This Act, referred to in subsecs. (b)(2)–(5), (c)(2)(A), (3)(A), (4)(A), (d)(3), (e), and (f), is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

Statutory Notes and Related Subsidiaries

NOAA Oil and Hazardous Substance Spill Cost Reimbursement

Pub. L. 102–567, title II, §205, Oct. 29, 1992, 106 Stat. 4282, provided that:

"(a) Treatment of Amounts Received as Reimbursement of Expenses.—Notwithstanding any other provision of law, amounts received by the United States as reimbursement of expenses related to oil or hazardous substance spill response activities, or natural resource damage assessment, restoration, rehabilitation, replacement, or acquisition activities, conducted (or to be conducted) by the National Oceanic and Atmospheric Administration—

"(1) shall be deposited into the Fund;

"(2) shall be available, without fiscal year limitation and without apportionment, for use in accordance with the law under which the activities are conducted; and

"(3) shall not be considered to be an augmentation of appropriations.

"(b) Application.—Subsection (a) shall apply to amounts described in subsection (a) that are received—

"(1) after the date of the enactment of this Act [Oct. 29, 1992]; or

"(2) with respect to the oil spill associated with the grounding of the EXXON VALDEZ.

"(c) Definitions.—For purposes of this section—

"(1) the term 'Fund' means the Damage Assessment and Restoration Revolving Fund of the National Oceanic and Atmospheric Administration referred to in title I of Public Law 101–515 under the heading 'National Oceanic and Atmospheric Administration' (104 Stat. 2105) [set out as a note below]; and

"(2) the term 'expenses' includes incremental and base salaries, ships, aircraft, and associated indirect costs, except the term does not include base salaries and benefits of National Oceanic and Atmospheric Administration Support Coordinators."

Damage Assessment and Restoration Revolving Fund; Deposits; Availability; Transfer

Pub. L. 101–515, title I, Nov. 5, 1990, 104 Stat. 2105, provided that: "For contingency planning, response and natural resource damage assessment and restoration activities, pursuant to the Comprehensive Environmental Response, Compensation[,] and Liability Act [of 1980], as amended [42 U.S.C. 9601 et seq.], the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et seq.], the Marine Protection, Research[,] and Sanctuaries Act [of 1972], as amended [16 U.S.C. 1431et seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 2801 et seq.], and the Oil Pollution Act of 1990 [33 U.S.C. 2701 et seq.], $5,000,000 to remain available until expended: Provided, That notwithstanding any other provision of law, in fiscal year 1991 and thereafter, sums provided by any party or governmental entity for natural resource damage assessment, response or restoration activities conducted or to be conducted by the National Oceanic and Atmospheric Administration as a result of any injury to the marine environment and/or resources for which the National Oceanic and Atmospheric Administration acts as trustee of said marine environment and/or resources, shall be deposited in the Damage Assessment and Restoration Revolving Fund and said funds so deposited shall remain available until expended: Provided further, That for purposes of obligation and expenditure in fiscal year 1991 and thereafter, sums available in the Damage Assessment and Restoration Revolving Fund may be transferred, upon the approval of the Secretary of Commerce or his delegate, to the Operations, Research, and Facilities appropriation of the National Oceanic and Atmospheric Administration."

Executive Documents

Delegation of Functions

Functions of President under subsec. (b)(3) and (4) of this section delegated to Administrator of Environmental Protection Agency by section 8(c) of Ex. Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54768, set out as a note under section 1321 of this title.
33 U.S.C. § 1271 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter I: RESEARCH AND RELATED PROGRAMS / Section 1271: Sediment survey and monitoring
Sediment survey and monitoring
Status: in_force

(a) Survey

(1) In general

The Administrator, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Secretary, shall conduct a comprehensive national survey of data regarding aquatic sediment quality in the United States. The Administrator shall compile all existing information on the quantity, chemical and physical composition, and geographic location of pollutants in aquatic sediment, including the probable source of such pollutants and identification of those sediments which are contaminated pursuant to section 501(b)(4).1

(2) Report

Not later than 24 months after October 31, 1992, the Administrator shall report to the Congress the findings, conclusions, and recommendations of such survey, including recommendations for actions necessary to prevent contamination of aquatic sediments and to control sources of contamination.

(b) Monitoring

(1) In general

The Administrator, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Secretary, shall conduct a comprehensive and continuing program to assess aquatic sediment quality. The program conducted pursuant to this subsection shall, at a minimum—

(A) identify the location of pollutants in aquatic sediment;

(B) identify the extent of pollutants in sediment and those sediments which are contaminated pursuant to section 501(b)(4); 1

(C) establish methods and protocols for monitoring the physical, chemical, and biological effects of pollutants in aquatic sediment and of contaminated sediment;

(D) develop a system for the management, storage, and dissemination of data concerning aquatic sediment quality;

(E) provide an assessment of aquatic sediment quality trends over time;

(F) identify locations where pollutants in sediment may pose a threat to the quality of drinking water supplies, fisheries resources, and marine habitats; and

(G) establish a clearing house for information on technology, methods, and practices available for the remediation, decontamination, and control of sediment contamination.

(2) Report

The Administrator shall submit to Congress a report on the findings of the monitoring under paragraph (1) on the date that is 2 years after the date specified in subsection (a)(2) and biennially thereafter.

(Pub. L. 102–580, title V, §503, Oct. 31, 1992, 106 Stat. 4865.)

Editorial Notes

References in Text

Section 501(b)(4), referred to in subsecs. (a)(1) and (b)(1)(B), means section 501(b)(4) of Pub. L. 102–580, which is set out below.

Codification

Section was enacted as part of the Water Resources Development Act of 1992 and also as part of the National Contaminated Sediment Assessment and Management Act, and not as part of the Federal Water Pollution Control Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Availability of Contaminated Sediments Information

Pub. L. 102–580, title III, §327, Oct. 31, 1992, 106 Stat. 4851, directed Secretary to conduct national study on information that was currently available on contaminated sediments of surface waters of United States and compile information obtained for the purpose of identifying location and nature of contaminated sediments and, not later than 1 year after Oct. 31, 1992, to transmit to Congress a report on the results of the study.

National Contaminated Sediment Assessment and Management; Short Title; Definitions; Task Force

Pub. L. 102–580, title V, §§501, 502, Oct. 31, 1992, 106 Stat. 4864, provided that:

"SEC. 501. SHORT TITLE AND DEFINITIONS.

"(a) Short Title.—This title [enacting this section, amending sections 1412 to 1416, 1420, and 1421 of this title, and enacting provisions set out below] may be cited as the 'National Contaminated Sediment Assessment and Management Act'.

"(b) Definitions.—For the purposes of sections 502 and 503 of this title [enacting this section and provisions set out below]—

"(1) the term 'aquatic sediment' means sediment underlying the navigable waters of the United States;

"(2) the term 'navigable waters' has the same meaning as in section 502(7) of the Federal Water Pollution Control Act (33 U.S.C. 1362(7));

"(3) the term 'pollutant' has the same meaning as in section 502(6) of the Federal Water Pollution Control Act (33 U.S.C. 1362(6)); except that such term does not include dredge spoil, rock, sand, or cellar dirt;

"(4) the term 'contaminated sediment' means aquatic sediment which—

"(A) contains chemical substances in excess of appropriate geochemical, toxicological or sediment quality criteria or measures; or

"(B) is otherwise considered by the Administrator to pose a threat to human health or the environment; and

"(5) the term 'Administrator' means the Administrator of the Environmental Protection Agency.

"SEC. 502. NATIONAL CONTAMINATED SEDIMENT TASK FORCE.

"(a) Establishment.—There is established a National Contaminated Sediment Task Force (hereinafter referred to in this section as the 'Task Force'). The Task Force shall—

"(1) advise the Administrator and the Secretary in the implementation of this title;

"(2) review and comment on reports concerning aquatic sediment quality and the extent and seriousness of aquatic sediment contamination throughout the Nation;

"(3) review and comment on programs for the research and development of aquatic sediment restoration methods, practices, and technologies;

"(4) review and comment on the selection of pollutants for development of aquatic sediment criteria and the schedule for the development of such criteria;

"(5) advise appropriate officials in the development of guidelines for restoration of contaminated sediment;

"(6) make recommendations to appropriate officials concerning practices and measures—

"(A) to prevent the contamination of aquatic sediments; and

"(B) to control sources of sediment contamination; and

"(7) review and assess the means and methods for locating and constructing permanent, cost-effective long-term disposal sites for the disposal of dredged material that is not suitable for ocean dumping (as determined under the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) [also 16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 2801 et seq.]).

"(b) Membership.—

"(1) In general.—The membership of the Task Force shall include 1 representative of each of the following:

"(A) The Administrator.

"(B) The Secretary.

"(C) The National Oceanic and Atmospheric Administration.

"(D) The United States Fish and Wildlife Service.

"(E) The Geological Survey [now United States Geological Survey].

"(F) The Department of Agriculture.

"(2) Additional members.—Additional members of the Task Force shall be jointly selected by the Administrator and the Secretary, and shall include—

"(A) not more than 3 representatives of States;

"(B) not more than 3 representatives of ports, agriculture, and manufacturing; and

"(C) not more than 3 representatives of public interest organizations with a demonstrated interest in aquatic sediment contamination.

"(3) Cochairmen.—The Administrator and the Secretary shall serve as cochairmen of the Task Force.

"(4) Clerical and technical assistance.—Such clerical and technical assistance as may be necessary to discharge the duties of the Task Force shall be provided by the personnel of the Environmental Protection Agency and the Army Corps of Engineers.

"(5) Compensation for additional members.—The additional members of the Task Force selected under paragraph (2) shall, while attending meetings or conferences of the Task Force, be compensated at a rate to be fixed by the cochairmen, but not to exceed the daily equivalent of the base rate of pay in effect for grade GS–15 of the General Schedule under section 5332 of title 5, United States Code, for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Task Force. While away from their homes or regular places of business in the performance of services for the Task Force, such members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code.

"(c) Report.—Within 2 years after the date of the enactment of this Act [Oct. 31, 1992], the Task Force shall submit to Congress a report stating the findings and recommendations of the Task Force."

Authorization of Appropriations

Pub. L. 102–580, title V, §509(b), Oct. 31, 1992, 106 Stat. 4870, provided that: "There is authorized to be appropriated to the Administrator to carry out sections 502 and 503 [enacting this section and provisions set out above] such sums as may be necessary."

"Secretary" Defined

Secretary means the Secretary of the Army, see section 3 of Pub. L. 102–580, set out as a note under section 2201 of this title.

1 See References in Text note below.
33 U.S.C. § 59ll (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 59ll: Central Delaware River, Philadelphia, Pennsylvania
Central Delaware River, Philadelphia, Pennsylvania
Status: in_force

(a) Area to be declared nonnavigable

Subject to subsection (c), unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that there are substantive objections, those portions of the Delaware River, bounded by the former bulkhead and pierhead lines that were established by the Secretary of War and successors and described as follows, are declared to be nonnavigable waters of the United States:

(1) Piers 70 South through 38 South, encompassing an area bounded by the southern line of Moore Street extended to the northern line of Catherine Street extended, including the following piers: Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 53, 48, 46, 40, and 38.

(2) Piers 24 North through 72 North, encompassing an area bounded by the southern line of Callowhill Street extended to the northern line of East Fletcher Street extended, including the following piers: Piers 24, 25, 27–35, 35.5, 36, 37, 38, 39, 49, 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and Rivercenter.

(b) Public interest determination

The Secretary shall make the public interest determination under subsection (a) separately for each proposed project to be undertaken within the boundaries described in subsection (a), using reasonable discretion, not later than 150 days after the date of submission of appropriate plans for the proposed project.

(c) Limits on applicability

The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities.

(Pub. L. 114–322, title I, §1308, Dec. 16, 2016, 130 Stat. 1693.)

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. § 1607 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 30: INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA / Section 1607: Implementation by rules and regulations; authority to promulgate
Implementation by rules and regulations; authority to promulgate
Status: in_force

The Secretary of the department in which the Coast Guard is operating is authorized to promulgate such reasonable rules and regulations as are necessary to implement the provisions of this chapter and the International Regulations proclaimed hereunder.

(Pub. L. 95–75, §8, July 27, 1977, 91 Stat. 310.)

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. § 1418 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 27: OCEAN DUMPING / Subchapter I: REGULATION / Section 1418: Regulations
Regulations
Status: in_force

In carrying out the responsibilities and authority conferred by this subchapter, the Administrator, the Secretary, and the Secretary of the department in which the Coast Guard is operating are authorized to issue such regulations as they may deem appropriate.

(Pub. L. 92–532, title I, §108, Oct. 23, 1972, 86 Stat. 1059.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 6 months after Oct. 23, 1972, see section 110(a) of Pub. L. 92–532, set out as a note under section 1411 of this title.

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. § 4237 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 55: SAVE OUR SEAS 2.0 / Subchapter I: COMBATING MARINE DEBRIS / Section 4237: Termination of authority
Termination of authority
Status: in_force

The prize program will terminate after 5 prize competition cycles have been completed.

(Pub. L. 116–224, title I, §127, Dec. 18, 2020, 134 Stat. 1083.)
33 U.S.C. § 4003 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 53: HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL / Section 4003: Comprehensive research plan and action strategy
Comprehensive research plan and action strategy
Status: in_force

(a) In general

Not later than 1 year after June 30, 2014, the Under Secretary, through the Task Force, shall develop and submit to Congress a comprehensive research plan and action strategy to address marine and freshwater harmful algal blooms and hypoxia. The Action Strategy shall identify—

(1) the specific activities to be carried out by the Program and the timeline for carrying out those activities;

(2) the roles and responsibilities of each Federal agency in the Task Force in carrying out the activities under paragraph (1); and

(3) the appropriate regions and subregions requiring specific research and activities to address harmful algal blooms and hypoxia.

(b) Regional focus

The regional and subregional parts of the Action Strategy shall identify—

(1) regional priorities for ecological, economic, and social research on issues related to the impacts of harmful algal blooms and hypoxia;

(2) research, development, and demonstration activities needed to develop and advance technologies and techniques for minimizing the occurrence of harmful algal blooms and hypoxia and improving capabilities to detect, predict, monitor, control, mitigate, respond to, and remediate harmful algal blooms and hypoxia;

(3) ways to reduce the duration and intensity of harmful algal blooms and hypoxia, including deployment of response technologies in a timely manner;

(4) research and methods to address human health dimensions of harmful algal blooms and hypoxia;

(5) mechanisms, including the potential costs and benefits of those mechanisms, to protect ecosystems that may be or have been affected by harmful algal bloom and hypoxia events;

(6) mechanisms by which data, information, and products may be transferred between the Program and the State, tribal, and local governments and research entities;

(7) communication and information dissemination methods that State, tribal, and local governments may undertake to educate and inform the public concerning harmful algal blooms and hypoxia; and

(8) roles that Federal agencies may have to assist in the implementation of the Action Strategy, including efforts to support local and regional scientific assessments under section 4001(e) of this title.

(c) Utilizing available studies and information

In developing the Action Strategy, the Under Secretary shall utilize existing research, assessments, reports, and program activities, including—

(1) those carried out under existing law; and

(2) other relevant peer-reviewed and published sources.

(d) Development of the Action Strategy

In developing the Action Strategy, the Under Secretary shall, as appropriate—

(1) coordinate with—

(A) State coastal management and planning officials;

(B) tribal resource management officials; and

(C) water management and watershed officials from both coastal States and noncoastal States with water sources that drain into water bodies affected by harmful algal blooms and hypoxia; and

(2) consult with—

(A) public health officials;

(B) emergency management officials;

(C) science and technology development institutions;

(D) economists;

(E) industries and businesses affected by marine and freshwater harmful algal blooms and hypoxia;

(F) scientists with expertise concerning harmful algal blooms or hypoxia from academic or research institutions; and

(G) other stakeholders.

(e) Federal Register

The Under Secretary shall publish the Action Strategy in the Federal Register.

(f) Periodic revision

The Under Secretary, in coordination and consultation with the individuals and entities under subsection (d), shall periodically review and revise the Action Strategy prepared under this section, as necessary.

(Pub. L. 105–383, title VI, §603B, as added Pub. L. 113–124, §5, June 30, 2014, 128 Stat. 1382.)
33 U.S.C. § 2223 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter I: COST SHARING / Section 2223: Transfer of excess credit
Transfer of excess credit
Status: in_force

(a) Application of credit

(1) In general

Subject to subsection (b), the Secretary may apply credit for in-kind contributions provided by a non-Federal interest that are in excess of the required non-Federal cost share for a water resources development study or project toward the required non-Federal cost share for a different water resources development study or project.

(2) Application prior to completion of project

On request of a non-Federal interest, the credit described in paragraph (1) may be applied prior to completion of a study or project, if the credit amount is verified by the Secretary.

(3) Studies and projects with multiple non-Federal interests

A credit described in paragraph (1) for a study or project with multiple non-Federal interests may be applied to the required non-Federal cost share for a study or project of any such non-Federal interest, if each such non-Federal interest agrees in writing to such application.

(b) Restrictions

(1) In general

Except for subsection (a)(4)(D)(i) of that section, the requirements of section 1962d–5b of title 42 (as amended by section 1018(a)) shall apply to any credit under this section.

(2) Conditions

Credit in excess of the non-Federal share for a study or project may be approved under this section only if—

(A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies—

(i) the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that are in excess of the non-Federal cost share for the study or project; and

(ii) the authorized studies and projects to which that excess credit would be applied;

(B) the Secretary approves the comprehensive plan; and

(C) the total amount of credit does not exceed the total non-Federal share for the studies and projects in the approved comprehensive plan.

(3) Conditional approval of excess credit

Notwithstanding paragraph (2)(A)(ii), the Secretary may approve credit in excess of the non-Federal share for a study or project prior to the identification of each authorized study or project to which the excess credit will be applied, subject to the condition that the non-Federal interest agrees to submit for approval by the Secretary an amendment to the comprehensive plan prepared under paragraph (2) that identifies each authorized study or project in advance of execution of the feasibility cost-sharing agreement or project partnership agreement for that authorized study or project.

(c) Additional criteria

In evaluating a request to apply credit in excess of the non-Federal share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will—

(1) help to expedite the completion of a project or group of projects;

(2) reduce costs to the Federal Government; and

(3) aid the completion of a project that provides significant flood risk reduction or environmental benefits.

(d) Termination of authority

The authority provided in this section shall terminate on December 31, 2030.

(e) Report

(1) Deadlines

(A) In general

Not later than 2 years after June 10, 2014, and once every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available an interim report on the use of the authority under this section.

(B) Final report

Not later than December 31, 2030, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a final report on the use of the authority under this section.

(2) Inclusions

The reports described in paragraph (1) shall include—

(A) a description of the use of the authority under this section during the reporting period;

(B) an assessment of the impact of the authority under this section on the time required to complete projects; and

(C) an assessment of the impact of the authority under this section on other water resources projects.

(Pub. L. 113–121, title I, §1020, June 10, 2014, 128 Stat. 1227; Pub. L. 114–322, title I, §1166, Dec. 16, 2016, 130 Stat. 1670; Pub. L. 117–263, div. H, title LXXXI, §8383, Dec. 23, 2022, 136 Stat. 3829; Pub. L. 118–272, div. A, title III, §1303(g), Jan. 4, 2025, 138 Stat. 3114.)

Editorial Notes

References in Text

Section 1018(a), referred to in subsec. (b)(1), means section 1018(a) of Pub. L. 113–121.

Codification

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

Amendments

2025—Subsecs. (d), (e)(1)(B). Pub. L. 118–272 substituted "2030" for "2028".

2022—Subsec. (a)(3). Pub. L. 117–263, §8383(1), added par. (3).

Subsec. (b)(3). Pub. L. 117–263, §8383(2), added par. (3).

Subsec. (d). Pub. L. 117–263, §8383(3), substituted "on December 31, 2028" for "10 years after June 10, 2014".

Subsec. (e)(1)(B). Pub. L. 117–263, §8383(4), substituted "December 31, 2028" for "10 years after June 10, 2014".

2016—Subsec. (a). Pub. L. 114–322 substituted "Application of credit" for "In general" in subsec. heading, designated existing provisions as par. (1) and inserted par. (1) heading, and added par. (2).

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. § 2736 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 40: OIL POLLUTION / Subchapter II: PRINCE WILLIAM SOUND PROVISIONS / Section 2736: Funding
Funding
Status: in_force

(a) Sections 2731, 2733, and 2734

Amounts in the Fund shall be available, without further appropriations and without fiscal year limitation, to carry out section 2731 of this title in the amount as determined in subsection (b), and to carry out sections 2733 and 2734 of this title, in an amount not to exceed $5,000,000.

(b) Use of interest only

The amount of funding to be made available annually to carry out section 2731 of this title shall be the interest produced by the Fund's investment of the $22,500,000 remaining funding authorized for the Prince William Sound Oil Spill Recovery Institute and currently deposited in the Fund and invested by the Secretary of the Treasury in income producing securities along with other funds comprising the Fund. The National Pollution Funds Center shall transfer all such accrued interest, including the interest earned from the date funds in the Trans-Alaska Liability Pipeline Fund were transferred into the Oil Spill Liability Trust Fund pursuant to section 8102(a)(2)(B)(ii), to the Prince William Sound Oil Spill Recovery Institute annually, beginning 60 days after October 19, 1996.

(c) Use for section 2712

Beginning 1 year after the date on which the Secretary, in consultation with the Secretary of the Interior, determines that oil and gas exploration, development, and production in the State of Alaska have ceased, the funding authorized for the Prince William Sound Oil Spill Recovery Institute and deposited in the Fund shall thereafter be made available for purposes of section 2712 of this title in Alaska.

(d) Section 2738

Amounts in the Fund shall be available, without further appropriation and without fiscal year limitation, to carry out section 2738(b) of this title, in an annual amount not to exceed $5,000,000 of which up to $3,000,000 may be used for the lease payment to the Alaska SeaLife Center under section 2738(b)(2) of this title: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended [2 U.S.C. 901(b)(2)(A)]: Provided further, That the entire amount shall be available only to the extent an official budget request that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress.

(Pub. L. 101–380, title V, §5006, Aug. 18, 1990, 104 Stat. 554; Pub. L. 104–324, title XI, §1102(b), Oct. 19, 1996, 110 Stat. 3965; Pub. L. 106–246, div. B, title II, §2204(2), July 13, 2000, 114 Stat. 547; Pub. L. 106–554, §1(a)(4) [div. B, title I, §144(c)(1)(C)], Dec. 21, 2000, 114 Stat. 2763, 2763A–239; Pub. L. 108–293, title VII, §704, Aug. 9, 2004, 118 Stat. 1075; Pub. L. 109–58, title III, §389(2), Aug. 8, 2005, 119 Stat. 747; Pub. L. 109–59, title IV, §4413, Aug. 10, 2005, 119 Stat. 1779; Pub. L. 109–241, title IX, §901(j), July 11, 2006, 120 Stat. 564.)

Editorial Notes

References in Text

Section 8102(a)(2)(B)(ii), referred to in subsec. (b), is section 8102(a)(2)(B)(ii) of Pub. L. 101–380, title VIII, Aug. 18, 1990, 104 Stat. 565, which is set out as a note under section 1653 of Title 43, Public Lands.

The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (d), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables.

Amendments

2006—Subsec. (c). Pub. L. 109–241, which directed the insertion of a comma after "October 1, 2012", could not be executed because "October 1, 2012" did not appear subsequent to amendment by Pub. L. 109–58. See 2005 Amendment note below.

2005—Subsec. (c). Pub. L. 109–58 substituted "1 year after the date on which the Secretary, in consultation with the Secretary of the Interior, determines that oil and gas exploration, development, and production in the State of Alaska have ceased," for "October 1, 2012".

Subsec. (d). Pub. L. 109–59, which directed insertion of "annual" before "amount", was executed by making the insertion before "amount not to exceed", to reflect the probable intent of Congress.

2004—Subsecs. (c), (d). Pub. L. 108–293 in subsec. (c) relating to section 2712, substituted "October 1, 2012" for "with the eleventh year following October 19, 1996," and redesignated subsec. (c) relating to section 2738 as (d).

2000—Subsec. (c). Pub. L. 106–554 inserted "of which up to $3,000,000 may be used for the lease payment to the Alaska SeaLife Center under section 2738(b)(2) of this title" after "$5,000,000" in subsec. (c) relating to section 2738.

Pub. L. 106–246 added subsec. (c) relating to section 2738.

1996—Subsec. (a). Pub. L. 104–324, §1102(b)(1)–(3), redesignated subsec. (b) as (a), substituted "2731, 2733," for "2733" in heading, inserted "to carry out section 2731 of this title in the amount as determined in subsection (b), and" after "limitation,", and struck out heading and text of former subsec. (a). Text read as follows: "Amounts in the Fund shall be available, subject to appropriations, and shall remain available until expended, to carry out section 2731 of this title as follows:

"(1) $5,000,000 shall be available for the first fiscal year beginning after August 18, 1990.

"(2) $2,000,000 shall be available for each of the 9 fiscal years following the fiscal year described in paragraph (1)."

Subsecs. (b), (c). Pub. L. 104–324, §1102(b)(4), added subsecs. (b) and (c). Former subsec. (b) redesignated (a).

Statutory Notes and Related Subsidiaries

Investment Amount

Pub. L. 112–213, title VII, §710, Dec. 20, 2012, 126 Stat. 1581, provided that: "Not later than 30 days after the date of enactment of this Act [Dec. 20, 2012], the Secretary of the Treasury shall increase the $22,500,000 invested in income-producing securities for purposes of section 5006(b) of the Oil Pollution Act of 1990 (33 U.S.C. 2736(b)) by $12,851,340."
33 U.S.C. § 2 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter I: GENERAL PROVISIONS / Section 2: Regulations for navigation of South and Southwest Passes of Mississippi River; penalties
Regulations for navigation of South and Southwest Passes of Mississippi River; penalties
Status: in_force

The Secretary of the Army is authorized to make such rules and regulations for the navigation of the South and Southwest Passes of the Mississippi River as to him shall seem necessary or expedient for the purpose of preventing any obstruction to the channels through said South and Southwest Passes and any injury to the works therein constructed. The term "South and Southwest Passes", as employed in this section, shall be construed as embracing the entire extent of channel in each case, between the upper ends of the works at the head of the pass and the outer or sea ends of the jetties at the entrance from the Gulf of Mexico; and any willful violation of any rule or regulation made by the Secretary of the Army in pursuance of this section shall be deemed a misdemeanor, for which the owner or owners, agent or agents, master or pilot of the vessel so offending shall be separately or collectively responsible, and on conviction thereof shall be punished by a fine of not less than $100, nor exceeding $500, or by imprisonment for not exceeding three months, or by both fine and imprisonment, at the discretion of the court.

(Mar. 3, 1909, ch. 264, §5, 35 Stat. 818; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

Codification

These provisions were part of section 5 of act Mar. 3, 1909, popularly known as the "River and Harbor Appropriation Act of 1909".

These provisions superseded previous similar provisions relating to the navigation of the South Pass only, contained in act Aug. 11, 1888, ch. 860, §5, 25 Stat. 424, amended by act Sept. 19, 1890, ch. 907, §3, 26 Stat. 452.

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. § 59gg (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 59gg: Declaration of nonnavigability for portions of Cuyahoga County, Ohio
Declaration of nonnavigability for portions of Cuyahoga County, Ohio
Status: in_force

(a) Area to be declared nonnavigable; public interest

Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries in the portions of the county of Cuyahoga, Ohio, described as follows, are not in the public interest then, subject to subsections (b) and (c), those portions of such county, bounded and described as follows, are declared to be nonnavigable waters of the United States:

Situated in the city of Cleveland, county of Cuyahoga, and State of Ohio, T7N, R13W, and known as being a part of original two acre lots numbers 16, 17, 18, 19, and 20 and the northerly extensions thereof, and being more fully described as follows:

Beginning at the intersection of the centerline of East 9th Street (99 feet wide) with the centerline of Relocated Erieside Avenue, N.E. (70 feet wide); thence south 56 degrees 06 minutes 52 seconds west on the centerline of Relocated Erieside Avenue, N.E., a distance of 112.89 feet to a point; thence north 33 degrees 53 minutes 08 seconds west a distance of 35.00 feet to a 5/8-inch rebar on the northwesterly right-of-way line of Relocated Erieside Avenue, N.E.; thence southwesterly on the northwesterly right-of-way line of Relocated Erieside Avenue, N.E., along the arc of a curve to the left, with a radius of 335.00 feet and whose chord bears south 42 degrees 36 minutes 52 seconds west 156.41 feet, an arc distance of 157.87 feet to a 5/8-inch rebar; thence south 29 degrees 06 minutes 52 seconds west on the northwesterly right-of-way line of Relocated Erieside Avenue, N.E., a distance of 119.39 feet to a 5/8-inch rebar; thence southwesterly on the northwesterly right-of-way line of Relocated Erieside Avenue, N.E., along the arc of a curve to the right, with a radius of 665.00 feet and whose chord bears south 39 degrees, 49 minutes 33 seconds west 247.19 feet, an arc distance of 248.64 feet to a 5/8-inch rebar and the true place of beginning of the parcel herein described; thence southwesterly on the northwesterly right-of-way line of Relocated Erieside Avenue, N.E., along the arc of a curve to the right, with a radius of 665.00 feet and whose chord bears south 53 degrees, 17 minutes 33 seconds west 64.05 feet, an arc distance of 64.08 feet to a 5/8-rebar set; thence south 56 degrees 03 minutes 30 seconds west on the northwesterly right-of-way line of Relocated Erieside Avenue, N.E., a distance of 248.38 feet to a 5/8-rebar set; thence northwesterly on the northeasterly right-of-way line of Relocated Erieside Avenue, N.E., along the arc of a curve to the right, with a radius of 265.00 feet and whose chord bears north 79 degrees 02 minutes 42 seconds west 374.09 feet, an arc distance of 415.31 feet to a drill hole set; thence north 34 degrees 08 minutes 55 seconds west on the northeasterly right-of-way line of Relocated Erieside Avenue, N.E., a distance of 505.30 feet to a 5/8-inch rebar set; thence northwesterly on the northeasterly right-of-way line of Relocated Erieside Avenue, N.E., along the arc of a curve to the left, with a radius of 112.00 feet and whose chord bears north 40 degrees 32 minutes 41 seconds west 24.95 feet, an arc distance of 25.01 feet to a drill hole set on the southerly right-of-way line of former Erieside Avenue, as vacated by city of Cleveland Ordinance No. 1100–87, passed June 16, 1987; thence northeasterly on the former right-of-way line along the arc of a curve to the right, with a radius of 515.00 feet and whose chord bears north 75 degrees 36 minutes 18 seconds east 136.45 feet, an arc distance of 136.85 feet to a 5/8-inch rebar set; thence north 86 degrees 13 minutes 04 seconds east on said former right-of-way line a distance of 294.57 feet to a 5/8-inch rebar set; thence north 52 degrees 57 minutes 23 seconds east on said former right-of-way line a distance of 56.98 feet to a 5/8-inch rebar set; thence south 33 degrees 53 minutes 08 seconds east a distance of 244.65 feet to a 5/8-inch rebar set; thence south 78 degrees 53 minutes 08 seconds east a distance of 105.04 feet to a 5/8-inch rebar set; thence north 56 degrees 06 minutes 52 seconds east a distance of 70.75 feet to a 5/8-inch rebar set; thence south 33 degrees 53 minutes 08 seconds east a distance of 274.74 feet to the true place of beginning containing 325,706 square feet (7.477 acres) more or less.

(b) Limits on applicability; regulatory requirements

The declaration under subsection (a) shall apply to those parts of the areas described in subsection (a) which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations, including sections 401 and 403 of this title, section 1344 of this title, and the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].

(c) Expiration date

If, 20 years from October 31, 1992, any area or part thereof described in subsection (a) is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set forth in subsection (b), or if work in connection with any activity permitted in subsection (b) is not commenced within 5 years after issuance of such permits, then the declaration of nonnavigability for such area or part thereof shall expire.

(Pub. L. 102–580, title III, §335, Oct. 31, 1992, 106 Stat. 4853.)

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 3 of Pub. L. 102–580, set out as a note under section 2201 of this title.
33 U.S.C. § 2904 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 42: ESTUARY RESTORATION / Section 2904: Establishment of Estuary Habitat Restoration Council
Establishment of Estuary Habitat Restoration Council
Status: in_force

(a) Council

There is established a council to be known as the "Estuary Habitat Restoration Council".

(b) Duties

The Council shall be responsible for—

(1) soliciting, reviewing, and evaluating project proposals and developing recommendations concerning such proposals based on the factors specified in section 2903(c)(3) of this title;

(2) submitting to the Secretary a list of recommended projects, including a recommended priority order and any recommendation as to whether a project should be carried out by the Secretary or by another Federal department or agency under section 2903(g) of this title;

(3) developing and transmitting to Congress a national strategy for restoration of estuary habitat;

(4) periodically reviewing the effectiveness of the national strategy in meeting the purposes of this chapter and, as necessary, updating the national strategy;

(5) providing advice on the development of the database, monitoring standards, and report required under sections 2906 and 2907 of this title;

(6) cooperating in the implementation of the strategy developed under section 2905 of this title;

(7) recommending standards for monitoring for restoration projects and contribution of project information to the database developed under section 2906 of this title; and

(8) otherwise using the respective authorities of the Council members to carry out this chapter.

(c) Membership

The Council shall be composed of the following members:

(1) The Secretary (or the Secretary's designee).

(2) The Under Secretary for Oceans and Atmosphere of the Department of Commerce (or the Under Secretary's designee).

(3) The Administrator of the Environmental Protection Agency (or the Administrator's designee).

(4) The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (or such Secretary's designee).

(5) The Secretary of Agriculture (or such Secretary's designee).

(6) The head of any other Federal agency designated by the President to serve as an ex officio member of the Council.

(d) Prohibition of compensation

Members of the Council may not receive compensation for their service as members of the Council.

(e) Chairperson

The chairperson shall be elected by the Council from among its members for a 3-year term, except that the first elected chairperson may serve a term of fewer than 3 years.

(f) Convening of Council

(1) First meeting

The Secretary shall convene the first meeting of the Council not later than 60 days after November 7, 2000, for the purpose of electing a chairperson.

(2) Additional meetings

The chairperson shall convene additional meetings of the Council as often as appropriate to ensure that this chapter is fully carried out, but not less often than annually.

(g) Council procedures

The Council shall establish procedures for voting, the conduct of meetings, and other matters, as necessary.

(h) Public participation

Meetings of the Council shall be open to the public. The Council shall provide notice to the public of such meetings.

(i) Advice

The Council shall consult with persons with recognized scientific expertise in estuary or estuary habitat restoration, representatives of State agencies, local or regional government agencies, and nongovernmental organizations with expertise in estuary or estuary habitat restoration, and representatives of Indian tribes, agricultural interests, fishing interests, and other estuary users—

(1) to assist the Council in the development of the estuary habitat restoration strategy to be developed under section 2905 of this title; and

(2) to provide advice and recommendations to the Council on proposed estuary habitat restoration projects, including advice on the scientific merit, technical merit, and feasibility of a project.

(Pub. L. 106–457, title I, §105, Nov. 7, 2000, 114 Stat. 1962; Pub. L. 110–114, title V, §5017(d), Nov. 8, 2007, 121 Stat. 1198.)

Editorial Notes

Amendments

2007—Subsec. (b)(6) to (8). Pub. L. 110–114 added pars. (6) to (8).
33 U.S.C. § 3028 (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 3028: Positions of importance and responsibility
Positions of importance and responsibility
Status: in_force

(a) Designation of positions

The Secretary may designate positions in the Administration as being positions of importance and responsibility for which it is appropriate that officers of the Administration, if serving in those positions, serve in the grade of vice admiral, rear admiral, or rear admiral (lower half), as designated by the Secretary for each position.

(b) Assignment of officers to designated positions

The Secretary may assign officers to positions designated under subsection (a).

(c) Director of NOAA Corps and Office of Marine and Aviation Operations

The President shall designate one position as responsible for oversight of the vessel and aircraft fleets and for the administration of the commissioned officer corps. The President shall fill that position by appointing, by and with the advice and consent of the Senate, an officer on the lineal list serving in or above the grade of rear admiral (lower half). For the specific purpose of administering the commissioned officer corps, that position shall carry the title of Director of the National Oceanic and Atmospheric Administration Commissioned Officer Corps. For the specific purpose of administering the vessel and aircraft fleets, that position shall carry the title of Director of the Office of Marine and Aviation Operations.

(d) Grade

(1) Temporary appointment to grade designated for position

An officer assigned to a position under this section while so serving has the grade designated for that position, if appointed to that grade by the President.

(2) Reversion to permanent grade

An officer who has served in a grade above captain, upon termination of the officer's assignment to the position for which that appointment was made, shall, unless appointed or assigned to another position for which a higher grade is designated or immediately beginning a period of terminal leave, revert to the grade and number the officer would have occupied but for serving in a grade above that of captain. In such a case, the officer shall be an extra number in that grade.

(e) Limit on number of officers appointed

The total number of officers serving on active duty at any one time in the grade of rear admiral (lower half) or above may not exceed five, with only one serving in the grade of vice admiral.

(f) Pay and allowances

An officer appointed to a grade under this section, while serving in that grade or in a period of annual leave used at the end of the appointment, shall have the pay and allowances of the grade to which appointed.

(g) Effect of appointment

An appointment of an officer under this section—

(1) does not vacate the permanent grade held by the officer; and

(2) creates a vacancy on the active list.

(Pub. L. 107–372, title II, §228, Dec. 19, 2002, 116 Stat. 3086; Pub. L. 112–166, §2(gg)(2), Aug. 10, 2012, 126 Stat. 1290; Pub. L. 116–259, title III, §303, Dec. 23, 2020, 134 Stat. 1171.)

Editorial Notes

Prior Provisions

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

Amendments

2020—Subsec. (c). Pub. L. 116–259, §303(1), substituted "The President shall designate one position" for "The Secretary shall designate one position under this section" in first sentence, and "The President shall fill that position by appointing, by and with the advice and consent of the Senate," for "That position shall be filled by" in second sentence.

Subsec. (d)(2). Pub. L. 116–259, §303(2), inserted "or immediately beginning a period of terminal leave" after "for which a higher grade is designated".

Subsec. (e). Pub. L. 116–259, §303(3), amended subsec. (e) generally. Prior to amendment, text read as follows:

"(1) Overall limit.—The total number of officers serving on active duty at any one time in the grade of rear admiral (lower half) or above may not exceed four.

"(2) Limit by grade.—The number of officers serving on active duty under appointments under this section may not exceed—

"(A) one in the grade of vice admiral;

"(B) two in the grade of rear admiral; and

"(C) two in the grade of rear admiral (lower half)."

Subsec. (f). Pub. L. 116–259, §303(4), inserted "or in a period of annual leave used at the end of the appointment" after "serving in that grade".

2012—Subsec. (d)(1). Pub. L. 112–166 struck out ", by and with the advice and consent of the Senate" before period at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

Appointment of Commissioned Officers

Pub. L. 98–498, title III, §320(c)(2), Oct. 19, 1984, 98 Stat. 2309, provided that: "After the date of the enactment of this Act [Oct. 19, 1984], no appointment of a commissioned officer may be made under section 2(d) or 2(f) of Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090, 5 U.S.C. App.)."
33 U.S.C. § 1481 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 28: POLLUTION CASUALTIES ON THE HIGH SEAS: UNITED STATES INTERVENTION / Section 1481: Violations; penalties
Violations; penalties
Status: in_force

(a) A person commits a class A misdemeanor if that person—

(1) willfully violates a provision of this chapter or a regulation issued thereunder; or

(2) willfully refuses or fails to comply with any lawful order or direction given pursuant to this chapter; or

(3) willfully obstructs any person who is acting in compliance with an order or direction under this chapter.

(b) In a criminal proceeding for an offense under paragraph (1) or (2) of subsection (a) of this section it shall be a defense for the accused to prove that he used all due diligence to comply with any order or direction that he had reasonable cause to believe that compliance would have resulted in serious risk to human life.

(Pub. L. 93–248, §12, Feb. 5, 1974, 88 Stat. 10; Pub. L. 101–380, title IV, §4302(l), Aug. 18, 1990, 104 Stat. 539.)

Editorial Notes

Amendments

1990—Subsec. (a). Pub. L. 101–380 substituted "A person commits a class A misdemeanor if that person" for "Any person who" in introductory provisions and struck out ", shall be fined not more than $10,000 or imprisoned not more than one year, or both" after "under this chapter" in par. (3).

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. § 1386 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 26: WATER POLLUTION PREVENTION AND CONTROL / Subchapter VI: STATE WATER POLLUTION CONTROL REVOLVING FUNDS / Section 1386: Audits, reports, and fiscal controls; intended use plan
Audits, reports, and fiscal controls; intended use plan
Status: in_force

(a) Fiscal control and auditing procedures

Each State electing to establish a water pollution control revolving fund under this subchapter shall establish fiscal controls and accounting procedures sufficient to assure proper accounting during appropriate accounting periods for—

(1) payments received by the fund;

(2) disbursements made by the fund; and

(3) fund balances at the beginning and end of the accounting period.

(b) Annual Federal audits

The Administrator shall, at least on an annual basis, conduct or require each State to have independently conducted reviews and audits as may be deemed necessary or appropriate by the Administrator to carry out the objectives of this section. Audits of the use of funds deposited in the water pollution revolving fund established by such State shall be conducted in accordance with the auditing procedures of the Government Accountability Office, including chapter 75 of title 31.

(c) Intended use plan

After providing for public comment and review, each State shall annually prepare a plan identifying the intended uses of the amounts available to its water pollution control revolving fund. Such intended use plan shall include, but not be limited to—

(1) a list of those projects for construction of publicly owned treatment works on the State's priority list developed pursuant to section 1296 of this title and a list of activities eligible for assistance under sections 1329 and 1330 of this title;

(2) a description of the short- and long-term goals and objectives of its water pollution control revolving fund;

(3) information on the activities to be supported, including a description of project categories, discharge requirements under subchapters III and IV of this chapter, terms of financial assistance, and communities served;

(4) assurances and specific proposals for meeting the requirements of paragraphs (3), (4), (5), and (6) of section 1382(b) of this title; and

(5) the criteria and method established for the distribution of funds.

(d) Annual report

Beginning the first fiscal year after the receipt of payments under this subchapter, the State shall provide an annual report to the Administrator describing how the State has met the goals and objectives for the previous fiscal year as identified in the plan prepared for the previous fiscal year pursuant to subsection (c), including identification of loan recipients, loan amounts, and loan terms and similar details on other forms of financial assistance provided from the water pollution control revolving fund.

(e) Annual Federal oversight review

The Administrator shall conduct an annual oversight review of each State plan prepared under subsection (c), each State report prepared under subsection (d), and other such materials as are considered necessary and appropriate in carrying out the purposes of this subchapter. After reasonable notice by the Administrator to the State or the recipient of a loan from a water pollution control revolving fund, the State or loan recipient shall make available to the Administrator such records as the Administrator reasonably requires to review and determine compliance with this subchapter.

(f) Applicability of subchapter II provisions

Except to the extent provided in this subchapter, the provisions of subchapter II shall not apply to grants under this subchapter.

(June 30, 1948, ch. 758, title VI, §606, as added Pub. L. 100–4, title II, §212(a), Feb. 4, 1987, 101 Stat. 25; amended Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

Editorial Notes

Amendments

2004—Subsec. (b). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
33 U.S.C. § 883a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter II: SURVEYS / Section 883a: Surveys and other activities
Surveys and other activities
Status: in_force

To provide charts and related information for the safe navigation of marine and air commerce, and to provide basic data for engineering and scientific purposes and for other commercial and industrial needs, the Secretary of Commerce, is authorized to conduct the following activities:

(1) Hydrographic and topographic surveys;

(2) Tide and current observations;

(3) Geodetic-control surveys;

(4) Field surveys for aeronautical charts;

(5) Geomagnetic, seismological, gravity, and related geophysical measurements and investigations, and observations for the determination of variation in latitude and longitude.

(Aug. 6, 1947, ch. 504, §1, 61 Stat. 787; Pub. L. 86–409, Apr. 5, 1960, 74 Stat. 16; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.)

Editorial Notes

Amendments

1960—Pub. L. 86–409 struck out provisions which restricted the Coast and Geodetic Survey in the conduct of its specified activities to the United States, its Territories and possessions, and which restricted hydrographic and topographic surveys to surveys of coastal water and land areas (including offlying islands, banks, shoals, and other offshore areas), and to surveys of lakes, rivers, reservoirs, and other inland waters not otherwise provided for by statute.

Statutory Notes and Related Subsidiaries

Continuous Plankton Recorder Survey

Pub. L. 117–328, div. JJ, title III, §301, Dec. 29, 2022, 136 Stat. 6092, provided that:

"(a) In General.—Not later than 180 days after the date of enactment of this Act [Dec. 29, 2022], and on an ongoing basis thereafter, the Secretary of Commerce shall conduct a Continuous Plankton Recorder survey.

"(b) Required Elements.—For the purpose of conducting the survey required under subsection (a), the Northeast Fisheries Science Center shall—

"(1) to the extent possible, utilize the resources of and partner with, on a volunteer basis, research institutions, nonprofit organizations, commercial vessels, and other Federal agencies;

"(2) in as short a time as possible, ensure relevant survey samples and results are analyzed, stored, archived, and made publicly available;

"(3) prioritize the collection of plankton samples and data that inform the conservation of North Atlantic right whales; and

"(4) to the extent practicable, coordinate with the Government of Canada to develop a transboundary understanding of plankton abundance and distribution.

"(c) Authorization of Appropriations.—To carry out this section there is authorized to be appropriated to the Secretary of Commerce $300,000 for each of fiscal years 2023 through 2032, which shall be derived from existing funds otherwise appropriated to the Secretary."

Great Lakes Environmental Sensitivity Index

Pub. L. 116–274, Dec. 31, 2020, 134 Stat. 3356, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Great Lakes Environmental Sensitivity Index Act of 2020'.

"SEC. 2. UPDATE TO ENVIRONMENTAL SENSITIVITY INDEX PRODUCTS OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR GREAT LAKES.

"(a) Update Required for Environmental Sensitivity Index Products for Great Lakes.—Not later than 180 days after the date of the enactment of this Act [Dec. 31, 2020], the Under Secretary for Oceans and Atmosphere shall commence updating the environmental sensitivity index products of the National Oceanic and Atmospheric Administration for each coastal area of the Great Lakes.

"(b) Periodic Updates for Environmental Sensitivity Index Products Generally.—Subject to the availability of appropriations and the priorities set forth in subsection (c), the Under Secretary shall—

"(1) periodically update the environmental sensitivity index products of the Administration; and

"(2) endeavor to do so not less frequently than once every 7 years.

"(c) Priorities.—When prioritizing geographic areas to update environmental sensitivity index products, the Under Secretary shall consider—

"(1) the age of existing environmental sensitivity index products for the areas;

"(2) the occurrence of extreme events, be it natural or man-made, which have significantly altered the shoreline or ecosystem since the last update;

"(3) the natural variability of shoreline and coastal environment; and

"(4) the volume of vessel traffic and general vulnerability to spilled pollutants.

"(d) Environmental Sensitivity Index Product Defined.—In this section, the term 'environmental sensitivity index product' means a map or similar tool that is utilized to identify sensitive shoreline, coastal or offshore, resources prior to an oil spill event in order to set baseline priorities for protection and plan cleanup strategies, typically including information relating to shoreline type, biological resources, and human use resources.

"(e) Funding.—Funds to carry out the activities under this section shall be derived from amounts authorized to be appropriated for the Under Secretary that are enacted after the date of the enactment of this Act."

Great Lakes Mapping

Pub. L. 100–220, title III, subtitle B, Dec. 29, 1987, 101 Stat. 1475, as amended by Pub. L. 100–629, §3, Nov. 7, 1988, 102 Stat. 3286, provided that:

"SEC. 3201. SHORT TITLE.

"This subtitle may be cited as the 'Great Lakes Shoreline Mapping Act of 1987'.

"SEC. 3202. GREAT LAKES SHORELINE MAPPING PLAN.

"(a) Preparation of Plan.—Not later than nine months after the date of the enactment of this subtitle [Dec. 29, 1987], the Director, in consultation with the Director of the United States Geological Survey, shall submit to the Congress a plan for preparing maps of the shoreline of the Great Lakes under section 3203.

"(b) Content of Plan.—A plan prepared under paragraph (1) shall include—

"(1) a work proposal and a division of responsibilities between the National Oceanic and Atmospheric Administration and the United States Geological Survey;

"(2) a time schedule for completion of maps;

"(3) recommendation of funding needed for preparing the maps; and

"(4) an area mapping schedule, with first priority given to shoreline areas subject to a high risk of erosion or flooding.

"SEC. 3203. PREPARATION OF GREAT LAKES SHORELINE MAPS.

"(a) In General.—The [sic] following completion of a shoreline mapping plan under section 3202 and subject to authorization and appropriation of funds, the Director, in consultation with the Director of the United States Geological Survey, shall prepare maps of the shoreline areas of the Great Lakes.

"(b) Content of Maps.—Maps prepared under this section—

"(1) shall include—

"(A) bathymetry of the nearshore area, to the extent that this area will affect coastal erosion and flooding;

"(B) topography of the adjacent shoreline, to the extent that this area will directly affect or be affected by coastal erosion and flooding;

"(C) the geological conditions of the nearshore area and shoreline to the extent that these areas will directly affect or be affected by coastal erosion and flooding;

"(D) information on the recent geological past of the nearshore area and shoreline areas described in paragraph (3); and

"(E) appropriate information for use in predicting and preventing damage caused by erosion and flooding in the Great Lakes;

"(2) shall be of appropriate scale and detail and take into account the greater informational needs of areas subject to a high risk of erosion or flooding; and

"(3) to the maximum extent practicable, shall be consistent with similar shoreline maps prepared by, or for the use of, the Government of Canada.

"(c) Consultation.—In preparing maps under this section, the Director shall consult with, and take into consideration, the informational needs of—

"(1) the Army Corps of Engineers;

"(2) the Federal Emergency Management Agency;

"(3) other appropriate Federal agencies;

"(4) the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin;

"(5) appropriate local government units; and

"(6) the general public.

"(d) Availability of Maps.—The Director shall make maps prepared under this section available to—

"(1) Federal agencies;

"(2) State governments;

"(3) local government units;

"(4) the Government of Canada; and

"(5) the general public.

"(e) Recovery of Costs.—The costs of reproducing and distributing maps prepared under this section may be recovered under section 9701 of title 31, United States Code, or another law.

"SEC. 3204. CONTRACT AUTHORITY.

"The Director may, subject to appropriations, enter into contracts and agreements on a reimbursable or cost-sharing basis with other Federal agencies, State governments, local governments, and private entities, to carry out this subtitle.

"SEC. 3205. DEFINITIONS.

"For purposes of this subtitle—

"(1) The term 'Director' means the Director of Charting and Geodetic Services of the National Ocean Service, within the National Oceanic and Atmospheric Administration.

"(2) The term 'Great Lakes' means Lake Erie, Lake Huron, Lake Michigan, Lake Ontario, Lake St. Clair, Lake Superior, the Saint Mary's River, the Saint Clair River, the Detroit River, the Niagara River, the Saint Lawrence River to the Canadian border, to the extent such lakes and rivers are subject to the jurisdiction of the United States.

"(3) The term 'high risk of erosion' means subject to erosion at a rate greater than 1 foot per year.

"SEC. 3206. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated to carry out section 3202 not more than $100,000 for fiscal year 1989. Amounts appropriated pursuant to this section shall remain available until expended."

[For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.]

[For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 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.]

Transfer of Functions

Functions of Secretary and other officers of Department of Commerce under sections 883a to 883h of this title that relate to the Office of Aeronautical Charting and Cartography to provide aeronautical charts, products, and services for safe and efficient navigation of air commerce transferred to Administrator of Federal Aviation Administration effective Oct. 1, 2000, see section 44721(c)(1) of Title 49, Transportation.

Executive Documents

Transfer of Functions

Office of Director of Coast and Geodetic Survey abolished and 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, 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. For further details, see note set out under section 851 of this title.
33 U.S.C. § 1956 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 33A: MARINE DEBRIS RESEARCH, PREVENTION, AND REDUCTION / Section 1956: Definitions
Definitions
Status: in_force

In this chapter:

(1) Administrator

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

(2) Interagency Committee

The term "Interagency Committee" means the Interagency Marine Debris Coordinating Committee established under section 1954 of this title.

(3) Marine debris

The term "marine debris" means any persistent solid material that is manufactured or processed and directly or indirectly, intentionally or unintentionally, disposed of or abandoned into the marine environment or the Great Lakes.

(4) MARPOL; Annex V; Convention

The terms "MARPOL", "Annex V", and "Convention" have the meaning given those terms under section 1901(a) of this title.

(5) Program

The term "Program" means the Marine Debris Program established under section 1952 of this title.

(6) Severe marine debris event

The term "severe marine debris event" means atypically large amounts of marine debris caused by a natural disaster, including a tsunami, flood, landslide, or hurricane, or other source.

(7) State

The term "State" means—

(A) any State of the United States that is impacted by marine debris within its seaward or Great Lakes boundaries;

(B) the District of Columbia;

(C) American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands; and

(D) any other territory or possession of the United States, or separate sovereign in free association with the United States, that is impacted by marine debris within its seaward boundaries.

(Pub. L. 109–449, §7, Dec. 22, 2006, 120 Stat. 3338; Pub. L. 112–213, title VI, §608, Dec. 20, 2012, 126 Stat. 1578.)

Editorial Notes

Amendments

2012—Par. (2). Pub. L. 112–213, §608(1), substituted "section 1954 of this title" for "section 1914 of this title".

Par. (3). Pub. L. 112–213, §608(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: "The term 'United States exclusive economic zone' means the zone established by Presidential Proclamation Numbered 5030, dated March 10, 1983, including the ocean waters of the areas referred to as 'eastern special areas' in article 3(1) of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990."

Par. (5). Pub. L. 112–213, §608(3)–(5), redesignated par. (7) as (5), struck out "Prevention and Removal" before "Program", and struck out former par. (5). Prior to amendment, text of par. (5) read as follows: "The term 'navigable waters' means waters of the United States, including the territorial sea."

Par. (6). Pub. L. 112–213, §608(6), added par. (6) and struck out former par. (6). Prior to amendment, text read as follows: "The term 'territorial sea' means the waters of the United States referred to in Presidential Proclamation No. 5928, dated December 27, 1988."

Pars. (7), (8). Pub. L. 112–213, §608(7), redesignated par. (8) as (7). Former par. (7) redesignated (5).
33 U.S.C. § 870 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter I: GENERAL PROVISIONS / Section 870: Repealed. Aug. 1, 1956, ch. 837, title V, §502(7), 70 Stat. 886
Repealed. Aug. 1, 1956, ch. 837, title V, §502(7), 70 Stat. 886
Status: repealed

Section, acts Jan. 19, 1942, ch. 6, §9, 56 Stat. 8; Mar. 29, 1944, ch. 141, §4, 58 Stat. 130; July 15, 1954, ch. 507, §15, 68 Stat. 481, provided for payment of death gratuity to survivors of commissioned officers of Coast and Geodetic Survey.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1957, see section 603(a) of act Aug. 1, 1956.
33 U.S.C. § 2347a (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 36: WATER RESOURCES DEVELOPMENT / Subchapter V: GENERAL PROVISIONS / Section 2347a: Determination of project completion
Determination of project completion
Status: in_force

(a) In general

The Secretary shall notify the applicable non-Federal interest when construction of a water resources project or a functional portion of the project is completed so the non-Federal interest may commence responsibilities, as applicable, for operating and maintaining the project.

(b) Non-Federal interest appeal of determination

(1) In general

Not later than 7 days after receiving a notification under subsection (a), the non-Federal interest may appeal the completion determination of the Secretary in writing with a detailed explanation of the basis for questioning the completeness of the project or functional portion of the project.

(2) Independent review

(A) In general

On notification that a non-Federal interest has submitted an appeal under paragraph (1), the Secretary shall contract with 1 or more independent, non-Federal experts to evaluate whether the applicable water resources project or functional portion of the project is complete.

(B) Timeline

An independent review carried out under subparagraph (A) shall be completed not later than 180 days after the date on which the Secretary receives an appeal from a non-Federal interest under paragraph (1).

(Pub. L. 113–121, title I, §1010, June 10, 2014, 128 Stat. 1217.)

Editorial Notes

Codification

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

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.
33 U.S.C. § 3062 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 43: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED OFFICER CORPS / Subchapter IV: SERVICE OF OFFICERS WITH THE MILITARY DEPARTMENTS / Section 3062: Relative rank of officers when serving with Army, Navy, or Air Force
Relative rank of officers when serving with Army, Navy, or Air Force
Status: in_force

When serving with the Army, Navy, or Air Force, an officer of the Administration shall rank with and after officers of corresponding grade in the Army, Navy, or Air Force of the same length of service in grade. Nothing in this subchapter shall be construed to affect or alter an officer's rates of pay and allowances when not assigned to military duty.

(Pub. L. 107–372, title II, §252, Dec. 19, 2002, 116 Stat. 3091.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 856 of this title prior to repeal by Pub. L. 107–372.
33 U.S.C. § 1130 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 22: SEA GRANT COLLEGES AND MARINE SCIENCE DEVELOPMENT / Subchapter II: NATIONAL SEA GRANT COLLEGE PROGRAM / Section 1130: Repealed. Pub. L. 102-186, §5(a), Dec. 4, 1991, 105 Stat. 1283
Repealed. Pub. L. 102-186, §5(a), Dec. 4, 1991, 105 Stat. 1283
Status: repealed

Section, Pub. L. 89–454, title II, §211, as added Pub. L. 94–461, §2, Oct. 8, 1976, 90 Stat. 1968; amended Pub. L. 95–428, §§2(b), 3(4), Oct. 7, 1978, 92 Stat. 999; Pub. L. 100–220, title III, §3109, Dec. 29, 1987, 101 Stat. 1473, authorized grants for graduate programs in marine affairs and resource management during fiscal years 1988 through 1990.
33 U.S.C. § 410 (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 410: Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty
Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty
Status: in_force

The prohibition contained in section 409 of this title against floating loose timber and logs, or sack rafts, so called, of timber and logs in streams or channels actually navigated by steamboats, shall not apply to any navigable river or waterway of the United States or any part thereof whereon the floating of loose timber and logs and sack rafts of timber and logs is the principal method of navigation. But such method of navigation on such river or waterway or part thereof shall be subject to the rules and regulations prescribed by the Secretary of the Army as provided in this section.

The Secretary of the Army shall have power, and he is authorized and directed to prescribe rules and regulations, which he may at any time modify, to govern and regulate the floating of loose timber and logs, and sack rafts, (so called) of timber and logs and other methods of navigation on the streams and waterways, or any thereof, of the character, as to navigation, heretofore in this section described. The said rules and regulations shall be so framed as to equitably adjust conflicting interests between the different methods or forms of navigation; and the said rules and regulations shall be published at least once in such newspaper or newspapers of general circulation as in the opinion of the Secretary of the Army shall be best adapted to give notice of said rules and regulations to persons affected thereby and locally interested therein. And all modifications of said rules and regulations shall be similarly published. And such rules and regulations when so prescribed and published as to any such stream or waterway shall have the force of law, and any violation thereof shall be a misdemeanor, and every person convicted of such violation shall be punished by a fine of not exceeding $2,500 nor less than $500, or by imprisonment (in case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That the proper action to enforce the provisions of this section may be commenced before any magistrate judge, judge, or court of the United States, and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in the case of crimes or misdemeanors committed against the United States.

The right to alter, amend, or repeal this section at any time is reserved.

(May 9, 1900, ch. 387, §§1–3, 31 Stat. 172; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

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.

"Magistrate judge" substituted in text for "magistrate" pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, "magistrate" was substituted for "commissioner" pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title 28.

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. § 59y (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 59y: Declaration of nonnavigability for portions of Coney Island Creek and Gravesend Bay, New York
Declaration of nonnavigability for portions of Coney Island Creek and Gravesend Bay, New York
Status: in_force

(a) Area to be declared non-navigable; public interest

Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries in the portions of Coney Island Creek and Gravesend Bay, New York, described below, are not in the public interest then, subject to subsections (b) and (c) of this section, those portions of such Creek and Bay, bounded and described as follows, are declared to be non-navigable waters of the United States:

Beginning at the corner formed by the intersection of the Westerly Line of Cropsey Avenue, and the Northernmost United States Pierhead Line of Coney Island Creek.

Running thence south 12 degrees 41 minutes 03 seconds E and along the westerly line of Cropsey Avenue, 98.72 feet to the northerly channel line as shown on Corps of Engineers Map Numbered F. 150 and on Survey by Rogers and Giollorenzo Numbered 13959 dated October 31, 1986.

Running thence in a westerly direction and along the said northerly channel line the following bearings and distances:

South 48 degrees 59 minutes 27 seconds west, 118.77 feet; south 37 degrees 07 minutes 01 seconds west, 232.00 feet; south 23 degrees 17 minutes 10 seconds west, 430.03 feet; south 31 degrees 25 minutes 46 seconds west, 210.95 feet; south 79 degrees 22 minutes 49 seconds west, 244.18 feet; north 55 degrees 00 minutes 29 seconds west, 183.10 feet; north 41 degrees 47 minutes 04 seconds west, 315.16 feet;

North 41 degrees 17 minutes 43 seconds west, 492.47 feet to the said Pierhead Line; thence north 73 degrees 58 minutes 40 seconds west and along said pierhead line, 2,665.25 feet to the intersection of the United States bulkhead line;

Thence north 0 degree 19 minutes 35 seconds west and along the United States Bulkhead line 1,138.50 feet to the intersection of the westerly prolongation of the center line of 26th Avenue,

Thence north 58 degrees 25 minutes 06 seconds east and along the center line of said 26th Avenue, 2,320.85 feet to the westerly line of Cropsey Avenue, then southeasterly and along the southerly line of Cropsey Avenue the following bearings and distances:

South 31 degrees 34 minutes 54 seconds east, 4,124.59 feet; and

South 12 degrees 41 minutes 03 seconds east, 710.74 feet to the point or place of beginning.

Coordinates and bearings are in the system as established by the United States Coast and Geodetic Survey for the Borough of Brooklyn. The Secretary shall make the public interest determination separately for each proposed project, using reasonable discretion, within 150 days after submission of appropriate plans for each proposed project.

(b) Limits on applicability; regulatory requirements

The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) of this section which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations, including, but not necessarily limited to, sections 401 and 403 of this title, section 1344 of this title, and the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].

(c) Expiration date

If, 20 years from November 17, 1988, any area or part thereof described in subsection (a) of this section is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in subsection (b) of this section, or if work in connection with any activity permitted in subsection (b) is not commenced within 5 years after issuance of such permits, then the declaration of non-navigability for such area or part thereof shall expire.

(Pub. L. 100–676, §39, Nov. 17, 1988, 102 Stat. 4039.)

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Statutory Notes and Related Subsidiaries

"Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 100–676, set out as a note under section 2201 of this title.
33 U.S.C. § 59n (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 59n: Hudson River, Hudson County, New Jersey
Hudson River, Hudson County, New Jersey
Status: in_force

(a) If the Secretary of the Army, acting through the Chief of Engineers, finds that the proposed project to be erected at the location to be declared nonnavigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of any bulkheading and filling and permanent pile-supported structure, in order to preserve and maintain the remaining navigable waterway and on the basis of environmental studies conducted pursuant to the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], then that portion of the Hudson River in Hudson County, State of New Jersey, bounded and described as follows is hereby declared to be nonnavigable water of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given to the filling in of all or any part thereof and the erection of permanent pile-supported structures thereon:

Such portion is in the township of North Bergen in the county of Hudson and State of New Jersey, and is more particularly described as follows: At a point in the easterly right-of-way of New Jersey Shore Line Railroad (formerly New Jersey Junction Railroad) said point being located northerly, measured along said easterly right-of-way, 81.93 feet from Station 54+42.4 as shown on construction drawing dated May 23, 1931, of River Road, filed in the Office of the Hudson County Engineer, Jersey City, New Jersey:

thence (1) northerly and along said easterly right-of-way on a bearing of north 12 degrees 11 minutes 14 seconds east, a distance of 280 feet to a point;

thence (2) south 75 degrees 28 minutes 24 seconds east, a distance of 310 feet to a point;

thence (3) south 17 degrees 15 minutes 41 seconds east, a distance of 101.70 feet to a point;

thence (4) south 62 degrees 18 minutes 12 seconds east a distance of 355.64 feet to a point in the exterior solid fill line of April 7, 1903, and the bulkhead line of April 28, 1904, on the Hudson River;

thence (5) along said exterior solid fill and bulkhead lines south 28 degrees 55 minutes 51 seconds west, a distance of 523 feet to a point in the northerly line of lands now or formerly of New York State Realty and Terminal Company;

thence (6) north 61 degrees 34 minutes 29 seconds west, and along said northerly line of the New York State Realty and Terminal Company, a distance of 590.08 feet to a point in the aforementioned easterly right-of-way of the New Jersey Shore Line Railroad;

thence (7) northerly and along said easterly right-of-way of the New Jersey Shore Line Railroad on a curve to the left a radius of 995.09 feet, an arc length of 170.96 feet to a point therein;

thence (8) northerly, still along the same, on a bearing of north 12 degrees 11 minutes 14 seconds east, a distance of 81.93 feet to the point and place of beginning.

Said parcel containing 8 acres being the same more or less.

(b) The declaration in subsection (a) of this section shall apply only to portions of the above-described area which are either bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section.

(Pub. L. 94–587, §178, Oct. 22, 1976, 90 Stat. 2937.)

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
33 U.S.C. § 49 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 49: Bayou Saint John in New Orleans
Bayou Saint John in New Orleans
Status: in_force

Bayou Saint John, in the city of New Orleans, Louisiana, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters.

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

(June 5, 1936, ch. 530, §§1, 2, 49 Stat. 1484.)
33 U.S.C. § 511 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 11: BRIDGES OVER NAVIGABLE WATERS / Subchapter II: ALTERATION OF BRIDGES / Section 511: Definitions
Definitions
Status: in_force

When used in this subchapter, unless the context indicates otherwise—

The term "alteration" includes changes of any kind, reconstruction, or removal in whole or in part.

The term "bridge" means a lawful bridge over navigable waters of the United States, including approaches, fenders, and appurtenances thereto, which is used and operated for the purpose of carrying railroad traffic, or both railroad and highway traffic, or if a State, county, municipality, or other political subdivision is the owner or joint owner thereof, which is used and operated for the purpose of carrying highway traffic.

The term "bridge owner" means any State, county, municipality, or other political subdivision, or any corporation, association, partnership, or individual owning, or jointly owning, any bridge, and, when any bridge shall be in the possession or under the control of any trustee, receiver, trustee in a case under title 11, or lessee, such terms shall include both the owner of the legal title and the person or the entity in possession or control of such bridge.

The term "Secretary" means the Secretary of the department in which the Coast Guard is operating.

The term "United States", when used in a geographical sense, includes the Territories and possessions of the United States.

(June 21, 1940, ch. 409, §1, 54 Stat. 497; July 16, 1952, ch. 889, §1, 66 Stat. 732; Pub. L. 95–598, title III, §323, Nov. 6, 1978, 92 Stat. 2679; Pub. L. 97–449, §2(d)(2), Jan. 12, 1983, 96 Stat. 2440; Pub. L. 114–120, title III, §306(b)(4)(A), Feb. 8, 2016, 130 Stat. 55.)

Editorial Notes

Amendments

2016—Pub. L. 114–120 substituted "Secretary of the department in which the Coast Guard is operating" for "Secretary of Transportation".

1983—Pub. L. 97–449 substituted provision that the term "Secretary" means the Secretary of Transportation for provision that it meant the Secretary of War acting directly or through the Chief of Engineers.

1978—Pub. L. 95–598 substituted in definition of "bridge owner" the phrase "trustee in a case under title 11" for "trustee in bankruptcy".

1952—Act of July 16, 1952, redefined "bridge" and "bridge owner".

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Dates note preceding section 101 of Title 11, Bankruptcy.

Short Title

Sections 511 to 523 of this title are popularly known as the "Hobbs Bridge Act" and also as the "Truman-Hobbs Act".

Transfer of Functions

Section 6(g)(3) of Pub. L. 89–670 transferred functions, powers, and duties of Secretary of the Army [formerly War] and other officers and offices of Department of the Army [formerly War] relating to obstructive bridges under this subchapter to Secretary of Transportation. Pub. L. 97–449 amended this section to reflect transfer made by section 6(g)(3) of Pub. L. 89–670, and repealed section 6(g)(3).
33 U.S.C. § 26b (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 1: NAVIGABLE WATERS GENERALLY / Subchapter II: WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME / Section 26b: Portion of Calumet River, Chicago, as nonnavigable stream
Portion of Calumet River, Chicago, as nonnavigable stream
Status: in_force

The portion of the Calumet River, in the city of Chicago, county of Cook, State of Illinois, lying between the intersections of this river with the two lines described below, is a nonnavigable stream within the meaning of the Constitution and laws of the United States:

Beginning at a point on the south line of the north half of section 36, township 37 north, range 14 east, of the third principal meridian, one thousand eight hundred and seventy-three and seven-hundredths feet west of the east line of said section; thence northwesterly on a straight line to a point three thousand two hundred and eighty feet west of the east line and seven hundred and eighty-five feet south of the north line of said section; and

Beginning at a point five hundred and eighty-five feet east of the west line and seven hundred and thirty-two feet north of the south line of section 31, township 37 north, range 15 east, of the third principal meridian; thence north forty-six degrees and thirty minutes east along a straight line to the easterly water's edge of said river.

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

(June 14, 1937, ch. 338, §§2, 3, 50 Stat. 258, 259.)
33 U.S.C. § 892c (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 17: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION / Subchapter IV: NOAA HYDROGRAPHIC SERVICES / Section 892c: Hydrographic Services Review Panel
Hydrographic Services Review Panel
Status: in_force

(a) Establishment

No later than 1 year after December 19, 2002, the Secretary shall establish the Hydrographic Services Review Panel.

(b) Duties

(1) In general

The panel shall advise the Administrator on matters related to the responsibilities and authorities set forth in section 892a of this title and such other appropriate matters as the Administrator refers to the panel for review and advice.

(2) Administrative resources

The Administrator shall make available to the panel such information, personnel, and administrative services and assistance as it may reasonably require to carry out its duties.

(c) Membership

(1) In general

(A) The panel shall consist of 15 voting members who shall be appointed by the Administrator. The Co-directors of the Center for Coastal and Ocean Mapping/Joint Hydrographic Center and no more than 2 employees of the National Oceanic and Atmospheric Administration appointed by the Administrator shall serve as nonvoting members of the panel. The voting members of the panel shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in 1 or more of the disciplines and fields relating to hydrographic data and hydrographic services, marine transportation, port administration, vessel pilotage, coastal and fishery management, and other disciplines as determined appropriate by the Administrator.

(B) An individual may not be appointed as a voting member of the panel if the individual is a full-time officer or employee of the United States.

(C) Any voting member of the panel who is an applicant for, or beneficiary (as determined by the Secretary) of, any assistance under this subchapter shall disclose to the panel that relationship, and may not vote on any matter pertaining to that assistance.

(2) Terms

(A) The term of office of a voting member of the panel shall be 4 years, except that of the original appointees, five shall be appointed for a term of 2 years, five shall be appointed for a term of 3 years, and five shall be appointed for a term of 4 years, as specified by the Administrator at the time of appointment.

(B) Any individual appointed to a partial or full term may be reappointed for one additional full term. A voting member may serve after the date of the expiration of the term of office for which appointed until his or her successor has taken office.

(3) Nominations

At least once each year, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the panel.

(4) Chairman and Vice Chairman

(A) The panel shall select one voting member to serve as the Chairman and another voting member to serve as the Vice Chairman.

(B) The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman.

(d) Compensation

Voting members of the panel shall—

(1) receive compensation at a rate established by the Secretary, not to exceed the maximum daily rate payable under section 5376 of title 5 when actually engaged in the performance of duties for such panel; and

(2) be reimbursed for actual and reasonable expenses incurred in the performance of such duties.

(e) Meetings

The panel shall meet on a biannual basis and, at any other time, at the call of the Chairman or upon the request of a majority of the voting members or of the Secretary.

(f) Powers

The panel may exercise such powers as are reasonably necessary in order to carry out its duties under subsection (b).

(Pub. L. 105–384, title III, §305, Nov. 13, 1998, 112 Stat. 3456; Pub. L. 105–383, title IV, §432(c), Nov. 13, 1998, 112 Stat. 3445; Pub. L. 107–372, title I, §105, Dec. 19, 2002, 116 Stat. 3080; Pub. L. 110–386, §4, Oct. 10, 2008, 122 Stat. 4107.)

Editorial Notes

References in Text

This subchapter, referred to in subsec. (c)(1)(C), was in the original "this Act", and was translated, to reflect the probable intent of Congress, as reading "this title", meaning title III of Pub. L. 105–384, Nov. 13, 1998, 112 Stat. 3454, known as the Hydrographic Services Improvement Act of 1998, which is classified principally to this subchapter. For complete classification of title III to the Code, see Short Title of 1998 Amendment note set out under section 851 of this title and Tables.

Amendments

2008—Subsec. (c)(1)(A). Pub. L. 110–386 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "The panel shall consist of 15 voting members who shall be appointed by the Administrator. The Director of the Joint Hydrographic Institute and no more than 2 employees of the National Oceanic and Atmospheric Administration appointed by the Administrator shall serve as nonvoting members of the panel. The voting members of the panel shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in one or more of the disciplines and fields relating to hydrographic surveying, tide, current geodetic and geospatial measurement, marine transportation, port administration, vessel pilotage, and coastal and fishery management."

2002—Pub. L. 107–372 amended section generally, substituting provisions establishing Hydrographic Services Review Panel for provisions requiring report, not later than 6 months after November 13, 1998, on a plan to ensure maintenance of Federal competence and expertise in hydrographic surveying.

1998—Pub. L. 105–383, which directed the amendment of this section by striking out subsecs. (a) and (d), was executed by striking out subsec. (a), because no subsec. (d) has been enacted. Prior to amendment, subsec. (a) read as follows:

"(a) Ports.—Not later than 6 months after November 13, 1998, the Administrator and the Commandant of the Coast Guard shall report to the Congress on—

"(1) the status of implementation of real-time tide and current data systems in United States ports;

"(2) existing safety and efficiency needs in United States ports that could be met by increased use of those systems; and

"(3) a plan for expanding those systems to meet those needs, including an estimate of the cost of implementing those systems in priority locations."

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–383, title IV, §432(a), Nov. 13, 1998, 112 Stat. 3444, provided that: "Subsections (b) and (c) [amending this section and section 892d of this title] shall take effect immediately after the later of—

"(1) the enactment of the Hydrographic Services Improvement Act of 1998 [Pub. L. 105–384, title III, Nov. 13, 1998]; or

"(2) the enactment of this Act [Nov. 13, 1998]."
33 U.S.C. § 1226 (2024) — Title 33: NAVIGATION AND NAVIGABLE WATERS / Chapter 25: PORTS AND WATERWAYS SAFETY PROGRAM / Section 1226: Transferred
Transferred
Status: transferred

Editorial Notes

Codification

Section was comprised of Pub. L. 92–340, §7, as added Pub. L. 99–399, title IX, §906, Aug. 27, 1986, as amended. Subsections (a) and (b) of section 7 of Pub. L. 92–340 were redesignated and transferred to section 70116 of Title 46, Shipping, by Pub. L. 115–282, title IV, §402(b)(1), Dec. 4, 2018, 132 Stat. 4264. Subsection (c) of section 7 of Pub. L. 92–340 was redesignated subsec. (f) and transferred to section 70103 of Title 46 by Pub. L. 115–282, title IV, §402(c)(1), Dec. 4, 2018, 132 Stat. 4264. Pub. L. 115–282, title IV, §408(a), (d)(1), Dec. 4, 2018, 132 Stat. 4268, concurrently redesignated and transferred subsections (a) and (b) of section 7 of Pub. L. 92–340 to section 70102a of Title 46 and identically redesignated subsection (c) of section 7 of Pub. L. 92–340 as subsec. (f) and transferred it to section 70103 of Title 46. However, Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8507(d)(1), (7), Jan. 1, 2021, 134 Stat. 4754, subsequently repealed section 408 of Pub. L. 115–282, effective on the date of enactment of Pub. L. 115–282 (Dec. 4, 2018), and provided that the provisions of law redesignated, transferred, or otherwise amended by such section 408 were amended to read as if that section had not been enacted.

Prior Provisions

A prior section 1226, Pub. L. 92–340, §7, formerly title I, §106, July 10, 1972, 86 Stat. 427; renumbered §7 and amended Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1475, related to requirement respecting federally licensed pilots on any foreign or domestic self-propelled vessel engaged in the foreign trade when operating in the navigable waters of the United States in areas, etc., where a pilot is not otherwise required by State law, prior to repeal by Pub. L. 98–557, §29(g), Oct. 30, 1984, 98 Stat. 2875.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8507(d)(7), Jan. 1, 2021, 134 Stat. 4754, provided that: "This section [probably means "subsection"] [amending this section, section 70103 of Title 46, Shipping, and section 312 of Title 49, Transportation, and repealing section 70102a of Title 46] shall take effect on the date of the enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) [Dec. 4, 2018] and apply as if included therein."