dreamproit/uscode huggingface dataset:
33 U.S.C. § 352 (NAVIGATION AND NAVIGABLE WATERS)
§ 352. Repealed. Pub. L. 96–591, § 8(a), Dec. 24, 1980, 94 Stat. 3435
text: Section, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Aug. 21, 1935, ch. 595, § 4, 49 Stat. 669; May 21, 1948, ch. 328, § 4, 62 Stat. 256, related to orders given to helmsmen.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96–591, set out as an Effective Date of 1980 Amendment note under section 1604 of this title.
33 U.S.C. § 353...356 (NAVIGATION AND NAVIGABLE WATERS)
§§ 353 to 356. Repealed. Pub. L. 96–591, § 8(a), Dec. 24, 1980, 94 Stat. 3435
text: Section 353, R.S. § 4233A, as added May 21, 1948, ch. 328, § 4, 62 Stat. 256; amended Aug. 14, 1958, Pub. L. 85–656, § 2, 72 Stat. 612, related to establishment of special rules.
text: Section 354, R.S. § 4233B, as added May 21, 1948, ch. 328, § 4, 62 Stat. 256, related to penalties for violations by pilots, engineers, mates, or masters. See section 2072 of this title.
text: Section 355, R.S. § 4233C, as added May 21, 1948, ch. 328, § 4, 62 Stat. 257, related to penalties for violation of the rules by a vessel. See section 2072 of this title.
text: Section 356, acts May 21, 1948, ch. 328, § 5, 62 Stat. 257; Oct. 15, 1966, Pub. L. 89–670, § 6(b)(1), 80 Stat. 938, related to exempted status of Navy and Coast Guard vessels from complying with International Rules of the Road.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96–591, set out as an Effective Date of 1980 Amendment note under section 1604 of this title.
(NAVIGATION AND NAVIGABLE WATERS)
§§ 360, 360a. Repealed. Pub. L. 96–591, § 8(a), Dec. 24, 1980, 94 Stat. 3435
text: Section 360, acts Dec. 3, 1945, ch. 511, § 1, 59 Stat. 590; Oct. 15, 1966, Pub. L. 89–670, § 6(b)(1), 80 Stat. 938, provided that vessels of special construction be exempted from requirements with regard to number and position of lights.
text: Section 360a, acts Dec. 3, 1945, ch. 511, § 2, 59 Stat. 591; Oct. 15, 1966, Pub. L. 89–670, § 6(b)(1), 80 Stat. 938, related to publication of notice when the Secretary of the department in which the Coast Guard was operating made findings or certifications described in section 360 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96–591, set out as an Effective Date of 1980 Amendment note under section 1604 of this title.
33 U.S.C. § 381 (NAVIGATION AND NAVIGABLE WATERS)
§ 381. Use of public vessels to suppress piracy
The President is authorized to employ so many of the public armed vessels as in his judgment the service may require, with suitable instructions to the commanders thereof, in protecting the merchant vessels of the United States and their crews from piratical aggressions and depredations.
(R.S. § 4293.)
heading: Editorial Notes
heading: Codification
text: R.S. § 4293 derived from acts Mar. 3, 1819, ch. 77, § 1, 3 Stat. 510; Jan. 30, 1823, ch. 7, 3 Stat. 721.
33 U.S.C. § 382 (NAVIGATION AND NAVIGABLE WATERS)
§ 382. Seizure of piratical vessels generally
The President is authorized to instruct the commanders of the public armed vessels of the United States to subdue, seize, take, and send into any port of the United States, any armed vessel or boat, or any vessel or boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any vessel of the United States, or of the citizens thereof, or upon any other vessel; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas.
(R.S. § 4294.)
heading: Editorial Notes
heading: Codification
text: R.S. § 4294 derived from acts Mar. 3, 1819, ch. 77, § 2, 3 Stat. 512; Jan. 30, 1823, ch. 7, 3 Stat. 721.
33 U.S.C. § 383 (NAVIGATION AND NAVIGABLE WATERS)
§ 383. Resistance of pirates by merchant vessels
The commander and crew of any merchant vessel of the United States, owned wholly, or in part, by a citizen thereof, may oppose and defend against any aggression, search, restraint, depredation, or seizure, which shall be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and capture the same; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States.
(R.S. § 4295.)
heading: Editorial Notes
heading: Codification
text: R.S. § 4295 derived from acts Mar. 3, 1819, ch. 77, § 3, 3 Stat. 513; Jan. 30, 1823, ch. 7, 3 Stat. 721.
33 U.S.C. § 384 (NAVIGATION AND NAVIGABLE WATERS)
§ 384. Condemnation of piratical vessels
Whenever any vessel, which shall have been built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation, or seizure, or in the commission of any other act of piracy as defined by the law of nations, or from which any piratical aggression, search, restraint, depredation, or seizure shall have been first attempted or made, is captured and brought into or captured in any port of the United States, the same shall be adjudged and condemned to their use, and that of the captors after due process and trial in any court having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought; and the same court shall thereupon order a sale and distribution thereof accordingly, and at its discretion.
(R.S. § 4296.)
heading: Editorial Notes
heading: Codification
text: R.S. § 4296 derived from acts Mar. 3, 1819, ch. 77, § 4, 3 Stat. 513; Jan. 30, 1823, ch. 7, 3 Stat. 721; Aug. 5, 1861, ch. 48, § 1, 12 Stat. 314.
33 U.S.C. § 385 (NAVIGATION AND NAVIGABLE WATERS)
§ 385. Seizure and condemnation of vessels fitted out for piracy
Any vessel built, purchased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation, or seizure, or in the commission of any other act of piracy, as defined by the law of nations, shall be liable to be captured and brought into any port of the United States if found upon the high seas, or to be seized if found in any port or place within the United States, whether the same shall have actually sailed upon any piratical expedition or not, and whether any act of piracy shall have been committed or attempted upon or from such vessel or not; and any such vessel may be adjudged and condemned, if captured by a vessel authorized as mentioned in section 386 of this title to the use of the United States, and to that of the captors, and if seized by a collector, surveyor, or marshal, then to the use of the United States.
(R.S. § 4297.)
heading: Editorial Notes
heading: References in Text
text: Surveyor, referred to in text, is probably an obsolete office in view of act July 5, 1932, ch. 430, title I, § 1, 47 Stat. 584, which abolished the offices of surveyors of customs, except at the Port of New York. Ports of delivery, except those which were made ports of entry, were abolished and the use of the term “port of delivery” was discontinued under the President’s plan of reorganization of the customs service communicated to Congress by message dated Mar. 3, 1913.
heading: Codification
text: R.S. § 4297 derived from act Aug. 5, 1861, ch. 48, § 1, 12 Stat. 314.
heading: Executive Documents
heading: Transfer of Functions
text: All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.
33 U.S.C. § 386 (NAVIGATION AND NAVIGABLE WATERS)
§ 386. Commissioning private vessels for seizure of piratical vessels
The President is authorized to instruct the commanders of the public-armed vessels of the United States, and to authorize the commanders of any other armed vessels sailing under the authority of any letters of marque and reprisal granted by Congress, or the commanders of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States, any vessel or boat built, purchased, fitted out, or held as mentioned in section 385 of this title.
(R.S. § 4298.)
heading: Editorial Notes
heading: Codification
text: R.S. § 4298 derived from act Aug. 5, 1861, ch. 48, § 2, 12 Stat. 315.
33 U.S.C. § 387 (NAVIGATION AND NAVIGABLE WATERS)
§ 387. Duties of officers of customs and marshals as to seizure
The collectors of the several ports of entry, the surveyors of the several ports of delivery, and the marshals of the several judicial districts within the United States, shall seize any vessel or boat built, purchased, fitted out, or held as mentioned in section 385 of this title, which may be found within their respective ports or districts, and to cause the same to be proceeded against and disposed of as provided by that section.
(R.S. § 4299.)
heading: Editorial Notes
heading: References in Text
text: Surveyors of the several ports of delivery, referred to in text, are probably obsolete offices in view of act July 5, 1932, ch. 430, title I, § 1, 47 Stat. 584, which abolished the offices of surveyors of customs, except at the Port of New York. Ports of delivery, except those which were made ports of entry, were abolished and the use of the term “port of delivery” was discontinued under the President’s plan of reorganization of the customs service communicated to Congress by message dated Mar. 3, 1913.
heading: Codification
text: R.S. § 4299 derived from act Aug. 5, 1861, ch. 48, § 3, 12 Stat. 315.
heading: Executive Documents
heading: Transfer of Functions
text: All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.
33 U.S.C. § 391 (NAVIGATION AND NAVIGABLE WATERS)
§ 391. Summary trials authorized
Whenever a complaint shall be made against any master, officer, or seaman of any vessel belonging, in whole or in part, to any citizen of the United States, of the commission of any offense, not capital or otherwise infamous, against any law of the United States made for the protection of persons or property engaged in commerce or navigation, it shall be the duty of the United States attorney to investigate the same, and the general nature thereof, and if, in his opinion, the case is such as should be summarily tried, he shall report the same to the district judge, and the judge shall forthwith, or as soon as the ordinary business of the court will permit, proceed to try the cause, and for that purpose may, if necessary, hold a special session of the court, either in term time or vacation.
(R.S. § 4300; June 25, 1948, ch. 646, § 1, 62 Stat. 909.)
heading: Editorial Notes
heading: Codification
text: R.S. § 4300 derived from act June 11, 1864, ch. 121, § 2, 13 Stat. 124.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorney” for “district attorney”. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes set out thereunder.
33 U.S.C. § 392 (NAVIGATION AND NAVIGABLE WATERS)
§ 392. Complaint and answer; jury trial
At the summary trial of offenses against the laws for the protection of persons or property engaged in commerce or navigation, it shall not be necessary that the accused shall have been previously indicted, but a statement of complaint, verified by oath in writing, shall be presented to the court, setting out the offense in such manner as clearly to apprise the accused of the character of the offense complained of, and to enable him to answer the complaint. The complaint or statement shall be read to the accused, who may plead to or answer the same, or make a counterstatement. The trial shall thereupon be proceeded with in a summary manner, and the case shall be decided by the court, unless, at the time for pleading or answering, the accused shall demand a jury, in which case the trial shall be upon the complaint and plea of not guilty.
(R.S. § 4301.)
heading: Editorial Notes
heading: Codification
text: R.S. § 4301 derived from act June 11, 1864, ch. 121, §§ 3, 4, 13 Stat. 125.
33 U.S.C. § 393 (NAVIGATION AND NAVIGABLE WATERS)
§ 393. Amendments of complaint and adjournments
It shall be lawful for the court to allow the United States attorney to amend his statement of complaint at any stage of the proceedings, before verdict, if, in the opinion of the court, such amendment will work no injustice to the accused; and if it appears to the court that the accused is unprepared to meet the charge as amended, and that an adjournment of the cause will promote the ends of justice, such adjournment shall be made, until a further day, to be fixed by the court.
(R.S. § 4302; June 25, 1948, ch. 646, § 1, 62 Stat. 909.)
heading: Editorial Notes
heading: Codification
text: R.S. § 4302 derived from act June 11, 1864, ch. 121, § 6, 13 Stat. 125.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorney” for “district attorney”. See section 541 of Title 28, Judiciary and Judicial Procedure, and Historical and Revision Notes set out thereunder.
33 U.S.C. § 394 (NAVIGATION AND NAVIGABLE WATERS)
§ 394. Challenge to jurors
At the trial in summary cases, if by jury, the United States and the accused shall each be entitled to three peremptory challenges. Challenges for cause, in such cases, shall be tried by the court without the aid of triers.
(R.S. § 4303.)
heading: Editorial Notes
heading: Codification
text: R.S. § 4303 derived from act June 11, 1864, ch. 121, § 7, 13 Stat. 125.
33 U.S.C. § 395 (NAVIGATION AND NAVIGABLE WATERS)
§ 395. Limit of sentence
It shall not be lawful for the court to sentence any person convicted in such trial to any greater punishment than imprisonment in jail for one year, or to a fine exceeding $500, or both, in its discretion, in those cases where the laws of the United States authorize such imprisonment and fine.
(R.S. § 4304.)
heading: Editorial Notes
heading: Codification
text: R.S. § 4304 derived from act June 11, 1864, ch. 121, § 5, 13 Stat. 125.
33 U.S.C. § 396 (NAVIGATION AND NAVIGABLE WATERS)
§ 396. Recovery of penalties and forfeitures generally
All the penalties and forfeitures which may be incurred for offenses against title 48 of the Revised Statutes may be sued for, prosecuted, and recovered in such court, and be disposed of in such manner, as any penalties and forfeitures which may be incurred for offenses against the laws relating to the collection of duties, except when otherwise expressly prescribed.
(R.S. § 4305.)
heading: Editorial Notes
heading: References in Text
text: Title 48 of the Revised Statutes, referred to in text, was in the original “this Title”, meaning title 48 of the Revised Statutes, consisting of R.S. §§ 4131 to 4305. For complete classification of R.S. §§ 4131 to 4305 to the Code, see Tables.
heading: Codification
text: R.S. § 4305 derived from act Dec. 31, 1792, ch. 1, § 29, 1 Stat. 298.
33 U.S.C. § 400 (NAVIGATION AND NAVIGABLE WATERS)
§ 400. Continuing authority programs
(1) Definition of continuing authority program project
In this section, the term “continuing authority program” means 1 of the following authorities:
(A) Section 701s of this title.
(B) Section 426i of this title.
(C) Section 2330 of this title.
(D) Section 2309a of this title.
(E) Section 577 of this title.
(F) Section 426g of this title.
(G) Section 701r of this title.
(H) Section 103 of the River and Harbor Act of 1962 (Public Law 87–874; 76 Stat. 1178).
(I) Section 2326(e) of this title.
(J) Section 701b–8a of this title.
(K) Section 610(a) of this title.
(2) Prioritization
Not later than 1 year after June 10, 2014, the Secretary shall publish in the Federal Register and on a publicly available website, the criteria the Secretary uses for prioritizing annual funding for continuing authority program projects.
(3) Annual report
Not later than 1 year after June 10, 2014, and each year thereafter, the Secretary shall publish in the Federal Register and on a publicly available website, a report on the status of each continuing authority program, which, at a minimum, shall include—
(A) the name and a short description of each active continuing authority program project;
(B) the cost estimate to complete each active project; and
(C) the funding available in that fiscal year for each continuing authority program.
(4) Congressional notification
On publication in the Federal Register under paragraphs (2) and (3), 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 a copy of all information published under those paragraphs.
(Pub. L. 113–121, title I, § 1030(a), June 10, 2014, 128 Stat. 1231.)
heading: Editorial Notes
heading: References in Text
text: Section 103 of the River and Harbor Act of 1962, referred to in par. (1)(H), is section 103 of Pub. L. 87–874, title I, Oct. 23, 1962, 76 Stat. 1178. Section 103(a)(1)–(3) of Pub. L. 87–874 amended section 426e of this title. Section 103(a)(4) of Pub. L. 87–874 amended sections 426f and 426g of this title. Section 103(b) of Pub. L. 87–874 is set out as a note under section 426 of this title. Section 103(c) of Pub. L. 87–874 is not classified to the Code.
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: 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. § 402 (NAVIGATION AND NAVIGABLE WATERS)
§ 402. Construction of bridges, etc., over Illinois and Mississippi Canal
The provisions of section 401 of this title are made applicable alike to the completed and uncompleted portions of the Illinois and Mississippi Canal. Whenever the Secretary of the Army shall approve plans for a bridge to be built across said canal he may, in his discretion, and subject to such terms and conditions as in his judgment are equitable, expedient, and just to the public, grant to the person or corporation building and owning such bridge a right of way across the lands of the United States on either side of and adjacent to the said canal; also the privilege of occupying so much of said lands as may be necessary for the piers, abutments, and other portions of the bridge structure and approaches.
(June 13, 1902, ch. 1079, § 10, 32 Stat. 374; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: Editorial Notes
heading: Codification
text: Section is from part of act June 13, 1902, popularly known as the “Rivers and Harbors Appropriation Act of 1902”.
heading: Statutory Notes and Related Subsidiaries
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.
heading: Transfer of Functions
text: 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. 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. § 403a (NAVIGATION AND NAVIGABLE WATERS)
§ 403a. Creation or continuance of obstruction of navigable waters
The creation of any obstruction, not affirmatively authorized by law, to the navigable capacity of any waters, in respect of which the United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks, and wharves, and similar structures erected for business purposes, whether heretofore or hereafter created, shall constitute an offense and each week’s continuance of any such obstruction shall be deemed a separate offense. Every person and every corporation which shall be guilty of creating or continuing any such unlawful obstruction in this act mentioned, or who shall violate the provisions of the last four preceding sections of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court, the creating or continuing of any unlawful obstruction in this act mentioned may be prevented and such obstruction may be caused to be removed by the injunction of any district court exercising jurisdiction in any district in which such obstruction may be threatened or may exist; and proper proceedings in equity to this end may be instituted under the direction of the Attorney-General of the United States.
(Sept. 19, 1890, ch. 907, § 10, 26 Stat. 454; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.)
heading: Editorial Notes
heading: References in Text
text: This act, referred to in text, is act Sept. 19, 1890, ch. 907, 26 Stat. 426. Sections 6 to 9 of the Act are not classified to the Code. For complete classification of this act to the Code, see Tables.
heading: Codification
text: Text of section, which was previously omitted from the Code, was restored in view of conflicting court decisions as to whether or not section had been repealed or superseded. See eg. United States v. Wishkah Boom Co., 136 F. 42 (9th Cir. 1905), (appeal dismissed [1906] 202 U.S. 613); United States v. Wilson, 235 F.2d 251 (2d Cir. 1956).
33 U.S.C. § 403b (NAVIGATION AND NAVIGABLE WATERS)
§ 403b. Lighting at docks and boat launching facilities
Whenever the Secretary considers a permit application for a dock or a boat launching facility under section 403 of this title, the Secretary shall consider the needs of such facility for lighting from sunset to sunrise to make such facility’s presence known within a reasonable distance.
(Pub. L. 99–662, title IX, § 946, Nov. 17, 1986, 100 Stat. 4200.)
heading: Statutory Notes and Related Subsidiaries
heading: “Secretary” Defined
text: Secretary means the Secretary of the Army, see section 2201 of this title.