dreamproit/uscode huggingface dataset:
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: Editorial Notes
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.
33 U.S.C. § 29 (NAVIGATION AND NAVIGABLE WATERS)
§ 29. Cuivre River, Missouri
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.)
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.
33 U.S.C. § 30 (NAVIGATION AND NAVIGABLE WATERS)
§ 30. Grand River, Missouri, above Brunswick
Grand River in the State of Missouri above the city of Brunswick, in the county of Chariton in said State, is declared to be not a navigable stream and shall be so treated by the Secretary of the Army and by all other authorities.
(Feb. 15, 1905, ch. 574, 33 Stat. 715; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
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.
33 U.S.C. § 31 (NAVIGATION AND NAVIGABLE WATERS)
§ 31. Iowa River, Iowa, above Toolsboro
So much of the Iowa River within the State of Iowa, as lies north of the town of Wapello, and so much of the said river within the State of Iowa, as lies between the town of Toolsboro and the town of Wapello, in the county of Louisa, shall not be deemed a navigable river or public highway, but dams and bridges may be constructed across it.
(R.S. § 5248; Aug. 18, 1894, ch. 299, § 1, 28 Stat. 356.)
heading: Editorial Notes
heading: Codification
text: R.S. § 5248 derived from Res. July 13, 1868, No. 55, 15 Stat. 257; act May 6, 1870, ch. 92, 16 Stat. 121.
The portion of this section relating to the Iowa river north of the town of Wapello is from R.S. § 5248.
The remainder the section, relating to so much of the river as lies between Toolsboro and Wapello, is from act Aug. 18, 1894.
33 U.S.C. § 32 (NAVIGATION AND NAVIGABLE WATERS)
§ 32. Lake George, Mississippi
Lake George, in Yazoo County, in the State of Mississippi, 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 of Congress to alter, amend, or repeal this section is expressly reserved.
(May 24, 1922, ch. 198, §§ 1, 2, 42 Stat. 552.)
heading: Editorial Notes
heading: Codification
text: The two sentences comprising this section are respectively sections 1 and 2 of act May 24, 1922, entitled “An act declaring Lake George, Yazoo County, Mississippi, to be a nonnavigable stream”.
33 U.S.C. § 33 (NAVIGATION AND NAVIGABLE WATERS)
§ 33. Little River, Arkansas, from Big Lake to Marked Tree
Little River, from Big Lake in Mississippi County to Marked Tree in Poinsett County, Arkansas, is declared to be not a navigable waterway of the United States within the meaning of the laws enacted by Congress for the protection of such waterways.
(Mar. 2, 1919, ch. 95, § 4, 40 Stat. 1287.)
heading: Editorial Notes
heading: Codification
text: Section is from section 4 of act Mar. 2, 1919, popularly known as the “Rivers and Harbors Appropriation Act of 1919”.
33 U.S.C. § 38 (NAVIGATION AND NAVIGABLE WATERS)
§ 38. Oklawaha River, Florida; Kyle and Young Canal and “Morrison Landing extension” substituted
Upon the conveyance to the United States, free of cost, title to the land occupied by what is known as the “Kyle and Young Canal” and the “Morrison Landing extension” of the same, on the Oklawaha River, in the State of Florida, together with title to a strip of land on the east side of said canal of such width as in the judgment of the Secretary of the Army may be required for the future widening of said canal and extension by the United States, the said canal and extension shall become a free public waterway of the United States in place of the natural bed of the river.
(July 27, 1916, ch. 260, § 1, 39 Stat. 396; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
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.
33 U.S.C. § 41 (NAVIGATION AND NAVIGABLE WATERS)
§ 41. Osage River, Missouri
The Osage River in the State of Missouri above the point where the south line of sections 15 and 16 in township 40 north, of range 22 west, of the fifth principal meridian, and in the county of Benton, State of Missouri, crosses said river, is declared not to be a navigable stream, and shall be so treated by the Secretary of the Army and by all other authorities.
(Mar. 4, 1904, ch. 393, 33 Stat. 58; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: Editorial Notes
heading: Codification
text: This section superseded act June 24, 1902, ch. 1154, 32 Stat. 398, which declared that the Osage River above the point where the dividing line between the counties of Benton and Saint Clair crosses the river should not be a navigable stream.
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.
33 U.S.C. § 42 (NAVIGATION AND NAVIGABLE WATERS)
§ 42. Platte River, Missouri
The Platte River in the State of Missouri is declared to be a nonnavigable stream within the meaning of the Constitution and laws of the United States, and jurisdiction over said river is declared to be vested in the State of Missouri.
The right of Congress to alter, amend, or repeal this section is expressly reserved.
(Feb. 16, 1921, ch. 62, §§ 1, 2, 41 Stat. 1105.)
heading: Editorial Notes
heading: Codification
text: The two sentences of this section are, respectively, from sections 1 and 2 of act Feb. 16, 1921, entitled “An Act declaring the Platte River to be a nonnavigable stream”.
33 U.S.C. § 45 (NAVIGATION AND NAVIGABLE WATERS)
§ 45. Swan Creek, Toledo, Ohio
Swan Creek, a stream lying within the limits of the city of Toledo, State of Ohio, is declared to be not a navigable waterway of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waterways, and the consent of Congress is given for the filling in of said creek by the local authorities.
(Mar. 4, 1915, ch. 142, § 13, 38 Stat. 1055.)
heading: Editorial Notes
heading: Codification
text: Section is from act Mar. 4, 1915, popularly known as the “Rivers and Harbors Appropriation Act of 1915”.
33 U.S.C. § 46 (NAVIGATION AND NAVIGABLE WATERS)
§ 46. Tchula Lake, Mississippi
Tchula Lake, in Holmes County, in the State of Mississippi, 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 section is expressly reserved.
(July 1, 1922, ch. 266, §§ 1, 2, 42 Stat. 816.)
heading: Editorial Notes
heading: Codification
text: The two sentences comprising this section are, respectively, sections 1 and 2 of act July 1, 1922, entitled “An act declaring Tchula Lake, Holmes County, Mississippi, to be a nonnavigable stream”.
33 U.S.C. § 50 (NAVIGATION AND NAVIGABLE WATERS)
§ 50. Turtle Bay and Turtle Bayou, Texas
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.)
heading: Editorial Notes
heading: References in Text
text: The Rivers and Harbors Act approved June 25, 1910, referred to in text, is act June 25, 1910, ch. 382, 36 Stat. 630, as amended, 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. § 53 (NAVIGATION AND NAVIGABLE WATERS)
§ 53. Benton Harbor Canal, Michigan
The Benton Harbor Canal at and above the west line of Ninth Street, in the city of Benton Harbor and State of Michigan, is declared to be not a navigable water of the United States within the meaning of the Constitution and laws of the United States.
The right to alter, amend, or repeal this section is expressly reserved.
(June 2, 1937, ch. 288, §§ 1, 3, 50 Stat. 243.)
heading: Editorial Notes
heading: References in Text
text: This section, referred to in text, was in the original “this Act”, meaning act June 2, 1937, ch. 288, 50 Stat. 243, sections 1 and 3 of which are classified to this section. Section 2 of the Act, which relates to abandonment of a portion of the Benton Harbor Canal project, is not classified to the Code.
33 U.S.C. § 54 (NAVIGATION AND NAVIGABLE WATERS)
§ 54. Burr Creek, Bridgeport, Connecticut
That portion of Burr Creek in the city of Bridgeport, Connecticut, lying north of a line across the creek beginning at the point of intersection of the south side of Yacht Street extended and the west harbor line of the harbor lines established by the Secretary of War December 9, 1924, thence south eighty-five degrees forty-six minutes seventeen seconds east to the east harbor line of said creek, is declared to be not a navigable water of the United States within the meaning of the Constitution and laws of the United States.
Any project heretofore authorized by any Act of Congress, insofar as such project relates to the above described portion of Burr Creek in the city of Bridgeport, Connecticut, is abandoned.
The right to alter, amend, or repeal this section is expressly reserved.
(Aug. 12, 1937, ch. 607, 50 Stat. 632; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
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.
33 U.S.C. § 59c–2 (NAVIGATION AND NAVIGABLE WATERS)
§ 59c–2. East River, New York
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 non-navigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of the bulkheading and filling and permanent pile-supported structures 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 those portions of the East River in New York County, State of New York, bounded and described as follows are hereby declared to be not navigable waters 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 or the erection of permanent pile-supported structures thereon: That portion of the East River in New York County, State of New York, lying shoreward of a line with the United States pierhead line as it exists on March 7, 1974, bounded on the north by the south side of Rutgers Slip extended easterly, and bounded on the south by the southeasterly border of Battery Park at a point adjacent to the westerly end of South Street extended south by southwest, is hereby declared to be non-navigable waters of the United States. This declaration shall apply only to portions of the above-described area which are 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. 93–251, title I, § 51, Mar. 7, 1974, 88 Stat. 26.)
heading: Editorial Notes
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, 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. § 59c–3 (NAVIGATION AND NAVIGABLE WATERS)
§ 59c–3. Queens County, New York
(a) Description of nonnavigable area
Subject to subsections (b) and (c), the area of Long Island City, Queens County, New York, that—
(1) is not submerged;
(2) as of October 12, 1996, lies between the southerly high water line of Anable Basin (also known as the “11th Street Basin”) and the northerly high water line of Newtown Creek; and
(3) extends from the high water line (as of October 12, 1996) of the East River to the original high water line of the East River;
is declared to be nonnavigable waters of the United States.
(b) Requirement that area be improved
(1) In general
The declaration of nonnavigability under subsection (a) shall apply only to those portions of the area described in subsection (a) that are, or will be, bulkheaded, filled, or otherwise occupied by permanent structures or other permanent physical improvements (including parkland).
(2) Applicability of Federal law
Improvements described in paragraph (1) shall be subject to applicable Federal laws, including—
(A) sections 401 and 403 of this title;
(B) section 1344 of this title;
(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) Expiration date
The declaration of nonnavigability under subsection (a) shall expire with respect to a portion of the area described in subsection (a), if the portion—
(1) is not bulkheaded, filled, or otherwise occupied by a permanent structure or other permanent physical improvement (including parkland) in accordance with subsection (b) by the date that is 20 years after October 12, 1996; or
(2) requires an improvement described in subsection (b)(2) that is subject to a permit under an applicable Federal law, and the improvement is not commenced by the date that is 5 years after the date of issuance of the permit.
(Pub. L. 104–303, title V, § 556, Oct. 12, 1996, 110 Stat. 3782.)
heading: Editorial Notes
heading: References in Text
text: The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(C), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, 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. § 59e (NAVIGATION AND NAVIGABLE WATERS)
§ 59e. Bayou Lafourche, Louisiana
Bayou Lafourche, in the State of Louisiana, between Canal Boulevard, city of Thibodaux, Parish of Lafourche, State of Louisiana, and the head of the bayou at its junction with the Mississippi River levee at the city of Donaldsonville, Parish of Ascension, State of Louisiana, is hereby declared to be a nonnavigable waterway of the United States within the meaning of the laws of the United States. The existing project for Bayou Lafourche, Louisiana, authorized by the Acts of August 30, 1935 (49 Stat. 1028) and July 14, 1960 (74 Stat. 480) is hereby deauthorized in the reach of Bayou Lafourche herein declared nonnavigable.
The right to alter, amend, or repeal this section is hereby expressly reserved.
(Pub. L. 90–149, Nov. 22, 1967, 81 Stat. 507.)
heading: Editorial Notes
heading: References in Text
text: The provisions of the Acts of August 30, 1935 (49 Stat. 1028) and July 14, 1960 (74 Stat. 480), referred to in text, authorizing the Bayou Lafourche, Louisiana, project, are not classified to the Code.
heading: Statutory Notes and Related Subsidiaries
heading: Portion of Bayou Lafourche Declared To Be Navigable Waterway
text: Pub. L. 101–595, title III, § 314, Nov. 16, 1990, 104 Stat. 2987, provided that: “Bayou Lafourche, in the State of Louisiana, between the Percy Brown Road (Hwy 648), city of Thibodaux, parish of Lafourche, and the Southern Pacific Railroad bridge crossing the bayou, city of Thibodaux, parish of Lafourche, is declared to be navigable waterway of the United States under chapter 11 of title 33, United States Code.”
33 U.S.C. § 59e–1 (NAVIGATION AND NAVIGABLE WATERS)
§ 59e–1. Additional portion of Bayou Lafourche, Louisiana
Bayou Lafourche, in the State of Louisiana, between Canal Boulevard, city of Thibodaux, parish of Lafourche and the Southern Pacific Railroad bridge crossing the bayou, city of Thibodaux, parish of Lafourche, is hereby declared to be a nonnavigable waterway of the United States within the meaning of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.).
(Pub. L. 99–307, § 5, May 19, 1986, 100 Stat. 447.)
heading: Editorial Notes
heading: References in Text
text: The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, 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. § 59h (NAVIGATION AND NAVIGABLE WATERS)
§ 59h. Northern Embarcadero area, San Francisco, California
That portion of the Northern Embarcadero area, beginning at the intersection of the northwesterly line of Bryant Street with the southwesterly line of Spear Street, which intersection lies on the line of jurisdiction of the San Francisco Port Authority; following thence westerly and northerly along said line of jurisdiction as described in the State of California Harbor and Navigation Code Section 1770, as amended in 1961, to its intersection with the easterly line of Van Ness Avenue produced northerly; thence northerly along said easterly line of Van Ness Avenue produced to its intersection with the United States Government pier-head line; thence following said pier-head line easterly and southerly to its intersection with the northwesterly line of Bryant Street produced northeasterly; thence southwesterly along said northwesterly line of Bryant Street produced to the point of beginning, is hereby declared to be nonnavigable waters within the meaning of the laws of the United States, and the consent of Congress is hereby given for the filling in of all or any part of the described area. This declaration shall apply only to portions of the above-described area which are bulkheaded and filled or are 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, on the basis of engineering studies to determine the location and structural stability of the bulkheading and filling and permanent pile-supported structures in order to preserve and maintain the remaining navigable waterway. Local interests shall reimburse the Federal Government for any engineering costs incurred under this section.
(Pub. L. 90–483, title I, § 114, Aug. 13, 1968, 82 Stat. 736.)
heading: Editorial Notes
heading: References in Text
text: Section 1770 of the State of California Harbor and Navigation Code was repealed by Cal. Stats. 1970, ch. 385, p. 799, § 2.