dreamproit/uscode huggingface dataset:
33 U.S.C. § 426b (NAVIGATION AND NAVIGABLE WATERS)
§ 426b. Applicability of existing laws; projects referred to Board of Engineers for Rivers and Harbors
All provisions of existing law relating to examinations and surveys and to works of improvement of rivers and harbors shall apply, insofar as practicable, to examinations and surveys and to works of improvement relating to shore protection; except that all projects having to do with shore protection shall be referred for consideration and recommendation to the Board of Engineers for Rivers and Harbors.
(July 31, 1945, ch. 334, § 2, 59 Stat. 508; Pub. L. 88–172, § 1, Nov. 7, 1963, 77 Stat. 304.)
heading: Codification
text: Provision for the referral of projects having to do with shore protection for consideration and recommendation to the Beach Erosion Board have been omitted as obsolete in view of the abolition of the Beach Erosion Board and the transfer of its review function to the Board of Engineers for Rivers and Harbors by Pub. L. 88–172, § 1. See section 426–3 of this title.
heading: Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities
text: For termination of Board of Engineers for Rivers and Harbors 180 days after Oct. 31, 1992, and reassignment of duties and responsibilities by Secretary of Army, see section 223 of Pub. L. 102–580, set out as a note under section 541 of this title.
33 U.S.C. § 426c (NAVIGATION AND NAVIGABLE WATERS)
§ 426c. Report by Coastal Engineering Research Center
The Coastal Engineering Research Center, in making its report on any cooperative investigation and studies under the provisions of section 426 of this title, relating to shore protection work shall, in addition to any other matters upon which it may be required to report, state its opinion as to (a) the advisability of adopting the project; (b) what public interest, if any, is involved in the proposed improvement; and (c) what share of the expense, if any, should be borne by the United States.
(July 31, 1945, ch. 334, § 3, 59 Stat. 508; Pub. L. 88–172, § 1, Nov. 7, 1963, 77 Stat. 304.)
heading: Codification
text: Coastal Engineering Research Center has been substituted for Beach Erosion Board pursuant to Pub. L. 88–172, § 1, providing in part for the abolition of the Beach Erosion Board, which is set out as a note under section 426 of this title. For transfer of investigatory functions of the Beach Erosion Board to the Coastal Engineering Research Center see section 426–1 of this title.
33 U.S.C. § 426d (NAVIGATION AND NAVIGABLE WATERS)
§ 426d. Payment of expenses
Any expenses incident and necessary in the undertaking of the general investigations authorized by sections 426a to 426d of this title may be paid from funds appropriated prior to or after July 31, 1945, for examinations, surveys, and contingencies for rivers and harbors.
(July 31, 1945, ch. 334, § 4, 59 Stat. 508.)
33 U.S.C. § 426e–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 426e–1. Shore protection projects
(a) In general
In accordance with the Act of July 3, 1930 (33 U.S.C. 426) of this title, and notwithstanding administrative actions, it is the policy of the United States to promote beach nourishment for the purposes of flood damage reduction and hurricane and storm damage reduction and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach renourishment for a period of 50 years, on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprises.
(b) Preference
In carrying out the policy under subsection (a), preference shall be given to—
(1) areas in which there has been a Federal investment of funds for the purposes described in subsection (a); and
(2) areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities.
(c) Applicability
The Secretary shall apply the policy under subsection (a) to each shore protection and beach renourishment project (including shore protection and beach renourishment projects constructed before November 8, 2007).
(Pub. L. 110–114, title II, § 2018, Nov. 8, 2007, 121 Stat. 1077.)
heading: References in Text
text: The Act of July 3, 1930, referred to in subsec. (a), is act July 3, 1930, ch. 847, 46 Stat. 918. For complete classification of this Act to the Code, see Tables.
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.
33 U.S.C. § 426g–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 426g–1. State and regional plans
The Secretary may—
(1) cooperate with any State in the preparation of a comprehensive State or regional plan for the conservation of coastal resources located within the boundaries of the State;
(2) encourage State participation in the implementation of the plan; and
(3) submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out the plan.
(Aug. 13, 1946, ch. 960, § 4, as added Pub. L. 104–303, title II, § 227(d)(2), Oct. 12, 1996, 110 Stat. 3700.)
heading: Prior Provisions
text: A prior section 4 of act Aug. 13, 1946, was renumbered section 5 of that act, and was classified to section 426h of this title prior to repeal by Pub. L. 104–303.
33 U.S.C. § 426h (NAVIGATION AND NAVIGABLE WATERS)
§ 426h. Repealed. Pub. L. 110–114, title II, § 2038(b), Nov. 8, 2007, 121 Stat. 1100
text: Section, act Aug. 13, 1946, ch. 960, § 5, as added Pub. L. 104–303, title II, § 227(e)(1), Oct. 12, 1996, 110 Stat. 3700; amended Pub. L. 106–53, title V, § 581, Aug. 17, 1999, 113 Stat. 375; Pub. L. 109–234, title II, § 2305, June 15, 2006, 120 Stat. 456; Pub. L. 110–161, div. C, title I, § 113, Dec. 26, 2007, 121 Stat. 1944, related to national shoreline erosion control development and demonstration program.
text: A prior section 426h, acts Aug. 13, 1946, ch. 960, § 5, formerly § 4, 60 Stat. 1057; July 28, 1956, ch. 768, 70 Stat. 703; renumbered § 5, Oct. 12, 1996, Pub. L. 104–303, title II, § 227(d)(1), 110 Stat. 3700, defined the word “shores” as used in sections 426e to 426h of this title, prior to repeal by Pub. L. 104–303, title II, § 227(e)(1), Oct. 12, 1996, 110 Stat. 3700.
33 U.S.C. § 426h–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 426h–1. Definitions
In sections 426e to 426h–1 of this title, the following definitions apply:
(1) Erosion control program
The term “erosion control program” means the national shoreline erosion control development and demonstration program established under this section.
(2) Secretary
The term “Secretary” means the Secretary of the Army.
(3) Separable element
The term “separable element” has the meaning provided by section 2213(f) of this title.
(4) Shore
The term “shore” includes each shoreline of the Atlantic and Pacific Oceans, the Gulf of Mexico, the Great Lakes, and lakes, estuaries, and bays directly connected therewith.
(5) Shore protection project
The term “shore protection project” includes a project for beach nourishment, including the replacement of sand.
(Aug. 13, 1946, ch. 960, § 6, as added Pub. L. 104–303, title II, § 227(e)(1), Oct. 12, 1996, 110 Stat. 3702.)
33 U.S.C. § 426i (NAVIGATION AND NAVIGABLE WATERS)
§ 426i. Shore damage prevention or mitigation
(a) In general
The Secretary of the Army is authorized to investigate, study, plan, and implement structural and nonstructural measures for the prevention or mitigation of shore damages attributable to Federal navigation works and shore damage attributable to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway, if a non-Federal public body agrees to operate and maintain such measures, and, in the case of interests in real property acquired in conjunction with nonstructural measures, to operate and maintain the property for public purposes in accordance with regulations prescribed by the Secretary.
(b) Cost sharing
The costs of implementing measures under this section shall be cost-shared in the same proportion as the cost-sharing provisions applicable to the project causing the shore damage.
(c) Requirement for specific authorization
No such project shall be initiated without specific authorization by Congress if the Federal first cost exceeds $5,000,000.
(d) Coordination
The Secretary shall—
(1) coordinate the implementation of the measures under this section with other Federal and non-Federal shore protection projects in the same geographic area; and
(2) to the extent practicable, combine mitigation projects with other shore protection projects in the same area into a comprehensive regional project.
(Pub. L. 90–483, title I, § 111, Aug. 13, 1968, 82 Stat. 735; Pub. L. 99–662, title IX, §§ 915(f), 940, Nov. 17, 1986, 100 Stat. 4191, 4199; Pub. L. 106–53, title II, § 214, Aug. 17, 1999, 113 Stat. 291.)
heading: Amendments
text: 1999—Pub. L. 106–53 designated first sentence as subsec. (a), inserted heading, and inserted “and shore damage attributable to the Atlantic Intracoastal Waterway and the Gulf Intracoastal Waterway” after “navigation works”, designated second sentence as subsec. (b) and inserted heading, and designated third sentence as subsec. (c), inserted heading, and substituted “$5,000,000” for “$2,000,000”, and added subsec. (d).
1986—Pub. L. 99–662, § 940, amended section generally. Prior to amendment, section read as follows: “The Secretary of the Army, acting through the Chief of Engineers, is authorized to investigate, study, and construct projects for the prevention or mitigation of shore damages attributable to Federal navigation works. The cost of installing, operating, and maintaining such projects shall be borne entirely by the United States. No such project shall be constructed without specific authorization by Congress if the estimated first cost exceeds $2,000,000.”
Pub. L. 99–662, § 915(f), substituted “$2,000,000” for “$1,000,000”.
heading: Effective Date of 1986 Amendment
text: Amendment by section 915(f) of 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. § 426i–2 (NAVIGATION AND NAVIGABLE WATERS)
§ 426i–2. National coastal data bank
(1) Establishment of data bank
Not later than 2 years after August 17, 1999, the Secretary shall establish a national coastal data bank containing data on the geophysical and climatological characteristics of the shores of the United States.
(2) Content
To the extent practicable, the national coastal data bank shall include data regarding current and predicted shore positions, information on federally authorized shore protection projects, and data on the movement of sand along the shores of the United States, including impediments to such movement caused by natural and manmade features.
(3) Access
The national coastal data bank shall be made readily accessible to the public.
(Pub. L. 106–53, title II, § 215(d), Aug. 17, 1999, 113 Stat. 293.)
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–53, set out as a note under section 2201 of this title.
33 U.S.C. § 426j (NAVIGATION AND NAVIGABLE WATERS)
§ 426j. Repealed. Pub. L. 110–114, title II, § 2037(b)(1), Nov. 8, 2007, 121 Stat. 1096
text: Section, Pub. L. 94–587, § 145, Oct. 22, 1976, 90 Stat. 2931; Pub. L. 99–662, title IX, § 933, Nov. 17, 1986, 100 Stat. 4197; Pub. L. 100–676, § 35, Nov. 17, 1988, 102 Stat. 4031; Pub. L. 102–580, title II, § 207, Oct. 31, 1992, 106 Stat. 4829; Pub. L. 106–53, title II, § 217(a), Aug. 17, 1999, 113 Stat. 294, related to placement on State beaches of sand dredged in constructing and maintaining navigation inlets and channels adjacent to such beaches.
heading: Existing Projects
text: Pub. L. 110–114, title II, § 2037(b)(2), Nov. 8, 2007, 121 Stat. 1096, provided that: “The Secretary [of the Army] may complete any project being carried out under section 145 of the Water Resources Development Act of 1976 [this section] on the day before the date of enactment of this Act [Nov. 8, 2007].”
33 U.S.C. § 426l (NAVIGATION AND NAVIGABLE WATERS)
§ 426l. Protection of Lake Ontario
(a) Plan for shoreline protection and beach erosion control; report to Congress
The Secretary of the Army, acting through the Chief of Engineers, is directed to develop a plan for shoreline protection and beach erosion control along Lake Ontario, and report on such plan to the Congress as soon as practicable. Such report shall include recommendations on measures of protection and proposals for equitable cost sharing, together with recommendations for regulating the level of Lake Ontario to assure maximum protection of the natural environment and to hold shoreline damage to a minimum.
(b) Minimization of damage and erosion to Lake Ontario shoreline
Until the Congress receives and acts upon the report required under subsection (a) of this section, all Federal agencies having responsibilities affecting the level of Lake Ontario shall, consistent with existing authority, make every effort to discharge such responsibilities in a manner so as to minimize damage and erosion to the shoreline of Lake Ontario.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section $2,000,000.
(d) Short title
This section may be cited as the “Lake Ontario Protection Act of 1976.”
(Pub. L. 94–587, § 180, Oct. 22, 1976, 90 Stat. 2939.)
33 U.S.C. § 426n (NAVIGATION AND NAVIGABLE WATERS)
§ 426n. Technical assistance to States and local governments; cost sharing
(a) Upon request of the Governor of a State, or the appropriate official of local government, the Secretary is authorized to provide designs, plans, and specifications, and such other technical assistance as he deems advisable to such State or local government for its use in carrying out—
(1) projects for removing accumulated snags and other debris, and clearing and straightening channels in navigable streams and tributaries thereof; and
(2) projects for renovating navigable streams and tributaries thereof by means of predominantly nonstructural methods judged by the Secretary to be cost effective, for the purpose of improved drainage, water quality, and habitat diversity.
(b) The non-Federal share of the cost of any designs, plans, specifications or technical assistance provided under subsection (a) of this section shall be 50 percent.
(Pub. L. 99–662, title IX, § 942, Nov. 17, 1986, 100 Stat. 4199.)
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2201 of this title.
33 U.S.C. § 426o (NAVIGATION AND NAVIGABLE WATERS)
§ 426o. Great Lakes material disposal
In planning and implementing any navigation project (including maintenance thereof) on the Great Lakes and adjacent waters, the Secretary shall consult and cooperate with concerned States in selecting disposal areas for dredged material which is suitable for beach nourishment.
(Pub. L. 99–662, title XI, § 1154, Nov. 17, 1986, 100 Stat. 4256.)
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2201 of this title.
33 U.S.C. § 426o–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 426o–1. Great Lakes dredging levels adjustment
(a) Definition of Great Lake
In this section, the term “Great Lake” means Lake Superior, Lake Michigan, Lake Huron (including Lake St. Clair), Lake Erie, and Lake Ontario (including the St. Lawrence River to the 45th parallel of latitude).
(b) Dredging levels
In operating and maintaining Federal channels and harbors of, and the connecting channels between, the Great Lakes, the Secretary shall conduct such dredging as is necessary to ensure minimal operation depths consistent with the original authorized depths of the channels and harbors when water levels in the Great Lakes are, or are forecast to be, below the International Great Lakes Datum of 1985.
(Pub. L. 106–541, title III, § 343, Dec. 11, 2000, 114 Stat. 2613.)
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 106–541, set out as a note under section 2201 of this title.
33 U.S.C. § 426o–2 (NAVIGATION AND NAVIGABLE WATERS)
§ 426o–2. Great Lakes navigation and protection
(a) Great Lakes navigation
Using available funds, the Secretary shall expedite the operation and maintenance, including dredging, of the navigation features of the Great Lakes and Connecting Channels for the purpose of supporting commercial navigation to authorized project depths.
(b) Great Lakes pilot project
Using available funds, the Director of the Animal and Plant Health Inspection Service, in coordination with the Secretary, the Administrator of the Environmental Protection Agency, the Commandant of the Coast Guard, and the Director of the United States Fish and Wildlife Service, shall carry out a pilot project, on an emergency basis, to control and prevent further spreading of viral hemorrhagic septicemia in the Great Lakes and Connecting Channels.
(c) Great Lakes and Connecting Channels defined
In this section, the term “Great Lakes and Connecting Channels” includes Lakes Superior, Huron, Michigan, Erie, and Ontario, all connecting waters between and among such lakes used for commercial navigation, any navigation features in such lakes or waters that are a Federal operation or maintenance responsibility, and areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation.
(Pub. L. 110–114, title V, § 5014, Nov. 8, 2007, 121 Stat. 1195.)
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2 of Pub. L. 110–114, set out as a note under section 2201 of this title.
33 U.S.C. § 427 to 430 (NAVIGATION AND NAVIGABLE WATERS)
§§ 427 to 430. Repealed. July 31, 1945, ch. 334, § 5, 59 Stat. 508
text: Section 427, act June 26, 1936, ch. 849, § 1, 49 Stat. 1982, related to improvement and protection of beaches and defined “beach”.
text: Section 428, act June 26, 1936, ch. 849, § 2, 49 Stat. 1982, related to investigations by Beach Erosion Board and duties of Board. See section 426–1 of this title.
text: Section 429, act June 26, 1936, ch. 849, § 3, 49 Stat. 1983, related to investigative reports by Beach Erosion Board. See section 426–1 of this title.
text: Section 430, act June 26, 1936, ch. 849, § 4, 49 Stat. 1983, related to payment of expenses incident to investigations by Board. See section 426–1 of this title.
33 U.S.C. § 431 to 437 (NAVIGATION AND NAVIGABLE WATERS)
§§ 431 to 437. Repealed. Pub. L. 91–224, title I, § 108, Apr. 3, 1970, 84 Stat. 113
text: Section 431, acts June 7, 1924, ch. 316, § 1, 43 Stat. 604; Nov. 3, 1966, Pub. L. 89–753, title II, § 211(a), 80 Stat. 1252, related to the short title for this subchapter.
text: Section 432, acts June 7, 1924, ch. 316, § 2, 43 Stat. 604; Nov. 3, 1966, Pub. L. 89–753, title II, § 211(a), 80 Stat. 1252, defined “oil,” “person”, “coastal navigable waters of the United States”, and “Secretary”.
text: Section 433, acts June 7, 1924, ch. 316, § 3, 43 Stat. 605; Nov. 3, 1966, Pub. L. 89–753, title II, § 211(a), 80 Stat. 1253, related to prohibition against discharge of oil generally.
text: Section 434, acts June 7, 1924, ch. 316, § 4, 43 Stat. 605; Nov. 3, 1966, Pub. L. 89–753, title II, § 211(a), 80 Stat. 1253, related to penalties for violation of oil discharge prohibition and liability of vessel.
text: Section 435, act June 7, 1924, ch. 316, § 5, 43 Stat. 605; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; act Nov. 3, 1966, Pub. L. 89–753, title II, § 211(a), 80 Stat. 1254, related to revocation or suspension of licenses of officers of offending vessels.
text: Section 436, acts June 7, 1924, ch. 316, § 7, 43 Stat. 605; Nov. 3, 1966, Pub. L. 89–753, title II, § 211(a), 80 Stat. 1254, related to authorization of use of certain personnel in enforcement of this subchapter and arrest of offenders.
text: Section 437, acts June 7, 1924, ch. 316, § 8, 43 Stat. 606; Nov. 3, 1966, Pub. L. 89–753, title II, § 211(a), 80 Stat. 1254, related to affect of this subchapter on preexisting laws for preservation and protection of navigable waters.
text: See section 1251 et seq. of this title.
33 U.S.C. § 441 (NAVIGATION AND NAVIGABLE WATERS)
§ 441. Deposit of refuse prohibited; penalty
The placing, discharging, or depositing, by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any other matter of any kind, other than that flowing from streets, sewers, and passing therefrom in a liquid state, in the waters of any harbor subject to this subchapter, within the limits which shall be prescribed by the supervisor of the harbor, is strictly forbidden, and every such act is made a misdemeanor, and every person engaged in or who shall aid, abet, authorize, or instigate a violation of this section, shall, upon conviction, be punishable by fine or imprisonment, or both, such fine to be not less than $250 nor more than $2,500, and the imprisonment to be not less than thirty days nor more than one year, either or both united, as the judge before whom conviction is obtained shall decide, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction of this misdemeanor.
(June 29, 1888, ch. 496, § 1, 25 Stat. 209; Pub. L. 85–802, § 1(1), Aug. 28, 1958, 72 Stat. 970.)
heading: Prior Provisions
text: Section 1 of act June 29, 1888, superseded act Aug. 5, 1886, ch. 929, § 3, 24 Stat. 329, which provided that: “It shall not be lawful to cast, throw, empty, or unlade, or cause, suffer, or procure to be cast, thrown, emptied, or unladen, either from or out of any ship, vessel, lighter, barge, boat, or other craft, or from the shore, pier, wharf, or mills of any kind whatever, any ballast, stone, slate, gravel, earth, slack, rubbish, wreck, filth, slabs, edgings, sawdust, slag or cinders or other refuse or mill-waste of any kind, into New York Harbor: Provided, That nothing herein contained shall extend, or be construed to extend, to the casting out, unlading, or throwing out of any ship or vessel, lighter, barge, boat, or other craft, any stones, rocks, bricks, lime, or other materials used, or to be used, in or toward the building, repairing, or keeping in repair any quay, pier, wharf, weir, bridge, building, or other work lawfully erected or to be erected on the banks or sides of said harbor, or to the casting out, unloading or depositing of any material excavated for the improvement of navigable waters, into such places and in such manner as may be deemed by the United States officer supervising the improvement of said harbor most judicious and practicable and for the best interests of such improvement.”
heading: Amendments
text: 1958—Pub. L. 85–802 substituted “waters of any harbor subject to this subchapter,” for “tidal waters of the harbor of New York, or its adjacent or tributary waters, or in those of long Island Sound,”.
heading: Effective Date of 1958 Amendment
text: Pub. L. 85–802, § 2, Aug. 28, 1958, 72 Stat. 971, provided that: “This Act [amending this section and sections 442, 446, 447, 449, 451, and 451a of this title and enacting section 451b of this title] shall take effect on the sixtieth day after the date of its enactment [Aug. 28, 1958].”