dreamproit/uscode huggingface dataset:
33 U.S.C. § 2 (NAVIGATION AND NAVIGABLE WATERS)
§ 2. Regulations for navigation of South and Southwest Passes of Mississippi River; penalties
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.)
heading: Codification
text: 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These provisions superseded previous similar provisions relating to the navigation of the South Pass only, contained in act Aug. 11, 1888, ch. 860, § 5, 25 Stat. 424, amended by act Sept.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.
heading: Change of Name
text: 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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. § 6 (NAVIGATION AND NAVIGABLE WATERS)
§ 6. Free passage to harbor of Michigan City, Indiana
The passage of vessels to and from the harbor of Michigan City, in Indiana, shall be free and not subject to toll or charge.
(R.S. § 5247.)
heading: Codification
text: R.S. § 5247 derived from acts June 23, 1866, ch. 138, § 1, 14 Stat. 73; Mar. 2, 1867, ch. 144, § 2, 14 Stat. 421.
33 U.S.C. § 7 (NAVIGATION AND NAVIGABLE WATERS)
§ 7. Use of Government iron pier in Delaware Bay
The Government iron pier in Delaware Bay near Lewes, Delaware, shall be open to public use under regulations to be prescribed by the Secretary of the Army.
(July 27, 1916, ch. 260, § 1, 39 Stat. 394; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: Codification
text: Section is from act July 27, 1916, popularly known as the “Rivers and Harbors Appropriation Act of 1916”.
A further provision of act July 27, 1916, repealed act Mar. 3, 1891, ch. 542, 26 Stat. 969, which authorized a transfer of the iron pier to the Treasury Department.
heading: Change of Name
text: 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. § 8 (NAVIGATION AND NAVIGABLE WATERS)
§ 8. Toll free rivers in Alabama
The Tennessee, Coosa, Cahawba, and Black Warrior Rivers, within the State of Alabama, shall be forever free from toll for all property belonging to the United States, and for all persons in their service, and for all citizens of the United States, except as to such tolls as may be allowed by Act of Congress.
(R.S. § 5244.)
heading: Codification
text: R.S. § 5244 derived from act May 23, 1828, ch. 75, § 7, 4 Stat. 290.
Another R.S. 5244 is classified to section 43 of Title 12, Banks and Banking.
33 U.S.C. § 9 (NAVIGATION AND NAVIGABLE WATERS)
§ 9. Des Moines River as toll free
The Des Moines River shall forever remain free from any toll, or other charge whatever, for any property of the United States, or persons in their service, passing along the same.
(R.S. § 5246.)
heading: Codification
text: R.S. § 5246 derived from acts Aug. 8, 1846, ch. 103, § 3, 9 Stat. 78; Jan. 20, 1870, ch. 7, 16 Stat. 61.
33 U.S.C. § 10 (NAVIGATION AND NAVIGABLE WATERS)
§ 10. Waters in Louisiana Purchase as public highways
All the navigable rivers and waters in the former Territories of Orleans and Louisiana shall be and forever remain public highways.
(R.S. § 5251.)
heading: Codification
text: R.S. § 5251 derived from act Mar. 3, 1811, ch. 46, § 12, 2 Stat. 606.
33 U.S.C. § 11 (NAVIGATION AND NAVIGABLE WATERS)
§ 11. Authority for compact between Middle Northwest States as to jurisdiction of offenses committed on boundary waters
The consent of the Congress is given to the States of North Dakota, South Dakota, Minnesota, Wisconsin, Iowa, and Nebraska, or any two or more of them, by such agreement or compact as they may deem desirable or necessary, or as may be evidenced by legislative acts enacted by any two or more of said States, not in conflict with the Constitution of the United States or any law thereof, to determine and settle the jurisdiction to be exercised by said States, respectively, over offenses arising out of the violation of the laws of any of said States upon any of the waters forming the boundary lines between any two or more of said States, or waters through which such boundary line extends, and that the consent of the Congress be, and the same is, given to the concurrent jurisdiction agreed to by the States of Minnesota and South Dakota, as evidenced by the act of the Legislature of the State of Minnesota approved April 20, 1917, and the act of the Legislature of the State of South Dakota approved February 13, 1917.
(Mar. 4, 1921, ch. 176, 41 Stat. 1447.)
heading: Codification
text: This section is from a resolution entitled a “Joint Resolution giving consent of the Congress of the United States to the States of North Dakota, South Dakota, Minnesota, Wisconsin, Iowa, and Nebraska, or any two or more of said States, to agree upon the jurisdiction to be exercised by said States over boundary waters between any two or more of said States”.
33 U.S.C. § 12 (NAVIGATION AND NAVIGABLE WATERS)
§ 12. Port Arthur Ship Canal
After there shall be conveyed to the United States, free of cost, a valid title to the line of water communication between Taylors Bayou and Sabine Pass, in the State of Texas, known as the Port Arthur Ship Canal, together with a valid title to the turning basin as existing June 19, 1906, and to the artificial slip on which the lumber dock of the Port Arthur Canal and Dock Company is built, the said waterways shall thereupon become free public waters of the United States, and be subject to the laws enacted by Congress for the maintenance, preservation, protection, and regulation of navigable waters: Provided, That the company or corporation conveying title to said canal as aforesaid shall also convey to the United States, free of cost, the fee to a strip of land one hundred and fifty feet wide along the westerly margin of the canal, except that where the right of way of the Southern Pacific Railroad Company prevents the transfer of such strip of land along the westerly margin of said canal there shall be conveyed such strip on the easterly margin thereof as may be necessary to make up such one hundred and fifty feet of width, with the reservation that until Congress shall have authorized and provided for the enlargement and widening of said canal the said company or corporation, its successors or assigns, shall have the right to control, occupy, and use the said strip of land and every part thereof in the same manner and to the same extent as before the execution and delivery of the conveyance, and also the right to transfer, lease, sell, quitclaim, or otherwise dispose of said property and every part thereof, subject to the grant made to the United States. The charges for the use of said docks and wharves shall be just and reasonable and shall not be greater than charges for similar services at other ports of the United States on the Gulf of Mexico.
(June 19, 1906, ch. 3436, § 1, 34 Stat. 302.)
heading: Codification
text: This section is from a proviso following provisions establishing an additional collection district in the State of Texas to be known as the district of Sabine; the establishment of the said district being conditioned on the making of the conveyance referred to in this section.
Further provisions of the said proviso authorizing the Secretary of War to accept the said waterways as the property of the United States, and directing that the Act take effect only when the requirements of the section be fully complied with to the satisfaction of the Secretary of War, have been omitted as executed and obsolete.
33 U.S.C. § 21 (NAVIGATION AND NAVIGABLE WATERS)
§ 21. Bayou Cocodrie, Louisiana
Bayou Cocodrie, from its source to its junction with Bayou Chicot, in the State of Louisiana, is declared to be not a navigable water of the United States within the meaning of the laws enacted by the Congress for the preservation and protection of such waters.
The right to alter, amend, or repeal this section is expressly reserved.
(Feb. 25, 1921, ch. 71, §§ 1, 2, 41 Stat. 1145.)
heading: Codification
text: The first sentence hereof is section 1 and the second sentence section 2 of act Feb. 25, 1921, entitled “An Act to declare Bayou Cocodrie nonnavigable from its source to its junction with Bayou Chicot”.
33 U.S.C. § 22 (NAVIGATION AND NAVIGABLE WATERS)
§ 22. Bayou Meto, Arkansas
The Bayou Meto, in the State of Arkansas, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States.
(Aug. 8, 1917, ch. 49, § 16, 40 Stat. 268.)
33 U.S.C. § 23 (NAVIGATION AND NAVIGABLE WATERS)
§ 23. Bear Creek, Mississippi
Bear Creek in Humphreys, Leflore, and Sunflower Counties, in the State of Mississippi, is declared to be a nonnavigable stream within the meaning of the Constitution and the laws of the United States.
The right of Congress to alter, amend, or repeal this section is expressly reserved.
(Mar. 3, 1923, ch. 229, §§ 1, 2, 42 Stat. 1442.)
heading: Codification
text: The first sentence hereof is section 1 and the last sentence section 2 of act Mar. 3, 1923, entitled “An Act declaring Bear Creek in Humphreys, Leflore, and Sunflower counties, Mississippi, to be a nonnavigable stream”.
33 U.S.C. § 24 (NAVIGATION AND NAVIGABLE WATERS)
§ 24. Big Tarkio River, Missouri
The Big Tarkio River, in the counties of Holt and Atchison, in the State of Missouri, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters.
The right to alter, amend, or repeal this section is expressly reserved.
(Feb. 15, 1910, ch. 33, §§ 1, 2, 36 Stat. 194.)
heading: Codification
text: The first sentence hereof is section 1 and the last sentence section 2 of act Feb. 15, 1910, entitled “An Act to declare Big Tarkio River, in Holt and Atchison counties, Missouri, nonnavigable”.
33 U.S.C. § 25 (NAVIGATION AND NAVIGABLE WATERS)
§ 25. Cache River, Arkansas
The Cache River in the State of Arkansas is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. This provision shall become void after one year from July 27, 1916, unless within said period the Legislature of Arkansas shall pass an act expressly approving this declaration. The right of the Congress to alter, amend, or repeal this section is expressly reserved.
(July 27, 1916, ch. 260, § 1, 39 Stat. 399.)
heading: Codification
text: Section was a provision of section 1 of act July 27, 1916, popularly known as the “Rivers and Harbors Appropriation Act of 1916”.
heading: Approval of Declaration
text: See Arkansas Laws 1917, ch. 2, act 406.
33 U.S.C. § 26 (NAVIGATION AND NAVIGABLE WATERS)
§ 26. Calumet River, Cook County, Illinois, old channel
The portion of the old channel of the Calumet River in the northwest quarter of section thirty, township thirty-seven north, range fifteen east, of the third principal meridian, in Cook County, Illinois, which lies outside of the new channel lines as established by the United States and shown on “Map of the Calumet River, Illinois, from Lake Michigan to Calumet Lake, to accompany report of W. G. Ewing, United States attorney to the Attorney-General, respecting cession of right of way for improvement of said river under Act of Congress approved July fifth, eighteen hundred and eighty-four,” is hereby abandoned as navigable water from and after the time that a navigable channel shall be cut through said quarter section within the new channel lines of the river as shown on the said map.
The portion of the old channel of the Calumet River in the north quarter of fractional section 7, township 37 north, range 15 east, of the third principal meridian, south of the Indian boundary line, in Cook County, Illinois, which lies outside of the new channel lines as established by the United States and shown on “map of the Calumet River, Illinois, from Lake Michigan to Calumet Lake, to accompany report of W. G. Ewing, United States attorney, to the Attorney General, respecting cession of right of way for improvement of said river, under Act of Congress approved July 5, 1884”, is abandoned as navigable water.
(Apr. 21, 1904, ch. 1409, 33 Stat. 239, 240; Feb. 27, 1915, ch. 68, 38 Stat. 817.)
heading: References in Text
text: Act of Congress approved July 5, 1884, referred to in text, is act July 5, 1884, ch. 229, 23 Stat. 143, which provided in part for the appropriation of $50,000 for the continuing improvement of the Calumet River, provided that no part of such appropriation be expended until the right of way should have been conveyed to the United States, free from expense, and the United States released from liability to adjacent property owners, to the satisfaction of the Secretary of War.
33 U.S.C. § 26a (NAVIGATION AND NAVIGABLE WATERS)
§ 26a. Additional portion of Calumet River, old channel, abandoned as navigable water
The portion of the old channel of the Calumet River in sections eighteen and nineteen, township thirty-seven north, range fifteen east, of the third principal meridian, in Cook County, Illinois, which lies outside of the new channel lines established by the United States and shown on the map referred to in section 26 of this title, and which lies outside of the exterior limits of the turning basin to be established on said Calumet River in said sections, is abandoned as navigable water of the United States from and after the time when the United States shall have secured title to the land necessary for the establishment of the turning basin at some point, to be approved by the Chief of Engineers, between One hundred and thirteenth Street and One hundred and seventeenth Street in the city of Chicago.
(Mar. 4, 1913, ch. 144, § 1, 37 Stat. 816.)
33 U.S.C. § 26b (NAVIGATION AND NAVIGABLE WATERS)
§ 26b. Portion of Calumet River, Chicago, as nonnavigable stream
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. § 27 (NAVIGATION AND NAVIGABLE WATERS)
§ 27. Chicago River at Chicago, Illinois
All of that portion of the West Fork of the South Branch of the Chicago River in the county of Cook and State of Illinois, extending west from the west line of the collateral channel of the sanitary district of Chicago, in the northwest quarter of section 36, township 39 north, range 13 east, of the third principal meridian, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States. The right of Congress to alter, amend, or repeal this provision is expressly reserved.
The provisions of sections 401 and 403 of this title shall not apply to that portion of the west arm of the South Fork of the South Branch of the Chicago River, lying between the east line of Ashland Avenue and the north line of Thirty-ninth Street, in the city of Chicago, Illinois, as the same now exists or may hereafter be extended. All rights, authority, or control over that part of the Chicago River possessed or assumed by the United States are relinquished and abandoned, and all rights, authority, or control over the same that were possessed by the State of Illinois are fully restored to said State.
As soon as the city of Chicago, or any other governmental agency or any corporation thereunto duly authorized by the Secretary of the Army, shall have constructed, after June 7, 1924, a new channel for the South Branch of the Chicago River between West Polk Street and West Nineteenth Street in said city of Chicago, then, and in that event, so much of the channel of the South Branch of the Chicago River as shall be superseded and replaced by said new channel in accordance with the permit of the Secretary of the Army shall be discontinued and abandoned.
(Jan. 24, 1923, ch. 33, §§ 1, 2, 42 Stat. 1171; Feb. 27, 1923, ch. 142, 42 Stat. 1323; June 7, 1924, ch. 337, 43 Stat. 646; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: Codification
text: The two sentences comprising the first paragraph of this section are, respectively, sections 1 and 2 of act Jan. 24, 1923.
The second paragraph of this section is from act Feb. 27, 1923.
The last paragraph of this section is from act June 7, 1924.
heading: Change of Name
text: 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. § 27a (NAVIGATION AND NAVIGABLE WATERS)
§ 27a. Chicago River, West Fork of South Branch
That portion of the West Fork of the South Branch of the Chicago River in Cook County, Illinois, lying between the west line (produced north) of the Collateral Channel of the Sanitary District of Chicago, in the northwest quarter of section 36, township 39 north, range 13 east, third principal meridian, and a line one thousand three hundred feet east of and parallel to the west line of section 30 (section line in South Western Avenue), township 39 north, range 13 east, third principal meridian, in the city of Chicago, Illinois, as the same now exists or may hereafter be extended, is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States.
The right to alter, amend, or repeal this section is expressly reserved.
(Aug. 30, 1935, ch. 831, § 10, 49 Stat. 1048.)
33 U.S.C. § 27b (NAVIGATION AND NAVIGABLE WATERS)
§ 27b. Chicago River, West arm of South Fork of South Branch
The portion of the west arm of the South Fork of the South Branch of the Chicago River, as established by the ordinance of the city of Chicago on July 17, 1911, in the southwest quarter of section 32, township 39 north, range 14 east of the third principal meridian, in the city of Chicago, county of Cook, State of Illinois, lying westerly of a straight line drawn from a point in south dock line of the said west arm 203.94 feet westerly of the point of intersection of the south dock line of the said west arm with the west dock line of the east arm of the South Fork of the South Branch of the Chicago River as established by said city of Chicago ordinance of July 17, 1911, measured along the south dock line of said west arm, thence to a point in the north dock line of the said west arm said point being 278 feet westerly of the intersection of the north dock line of the said west arm with the west dock line of the South Fork of the South Branch of the Chicago River as established by said city of Chicago ordinance of July 17, 1911, measured along the north dock line of said west arm of the South Fork of the South Branch of the Chicago River, is declared to be and is on and after September 1, 1959 to be regarded as a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States: Provided, That plans for a suitable bulkhead to retain any fill to be placed in the waterway shall be submitted to and approved by the Corps of Engineers, United States Army, prior to the placing of such fill.
(Pub. L. 86–218, Sept. 1, 1959, 73 Stat. 448.)
33 U.S.C. § 28 (NAVIGATION AND NAVIGABLE WATERS)
§ 28. Crum River; old channel at mouth, Delaware Bay
After the channel of the Crum River where the same empties into the Delaware River has been changed, diverted, and straightened under the authority given to Alba B. Johnson and Samuel M. Vauclain and the Baldwin Locomotive Works by Act July 27, 1916, chapter 260, the said Crum River, as so straightened, shall be a public navigable stream, and the course and channel of the said river, as it existed July 27, 1916, from the right-of-way of the Philadelphia and Reading Railway Company to the low-water line in the Delaware River shall be abandoned and vacated when the above-mentioned new channel shall have been completed to a depth of four feet at mean low water, with a bottom width of sixty-two feet and width of one hundred feet at mean low-water level: Provided, That the Government shall have such right, title, and interest in and to the bed of said new channel as will assure the public the right to the perpetual use of said channel for all the purposes of navigation and commerce.
(July 27, 1916, ch. 260, § 1, 39 Stat. 393.)
heading: References in Text
text: Act July 27, 1916, chapter 260, referred to in text, is act July 27, 1916, ch. 260, 39 Stat. 393, which is classified to sections 7, 25, 28, 38, 424, and 648 to 650 of this title. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section is from a provision of section 1 of act July 27, 1916, popularly known as the “Rivers and Harbors Appropriation Act of 1916”.
The portion of that section authorizing the changing, diverting, and straightening of the channel of the river has been omitted as temporary and executed.