dreamproit/uscode huggingface dataset:
33 U.S.C. § 1129 (NAVIGATION AND NAVIGABLE WATERS)
§ 1129. Interagency cooperation
Each department, agency, or other instrumentality of the Federal Government which is engaged in or concerned with, or which has authority over, matters relating to ocean, coastal, and Great Lakes resources—
(1) may, upon a written request from the Secretary, make available, on a reimbursable basis or otherwise any personnel (with their consent and without prejudice to their position and rating), service, or facility which the Secretary deems necessary to carry out any provision of this subchapter;
(2) shall, upon a written request from the Secretary, furnish any available data or other information which the Secretary deems necessary to carry out any provision of this subchapter; and
(3) shall cooperate with the Administration and duly authorized officials thereof.
(Pub. L. 89–454, title II, § 210, as added Pub. L. 94–461, § 2, Oct. 8, 1976, 90 Stat. 1968; amended Pub. L. 100–220, title III, § 3104(b)(1)(G), Dec. 29, 1987, 101 Stat. 1471.)
heading: Editorial Notes
heading: Amendments
text: 1987—Pub. L. 100–220 substituted “ocean, coastal, and Great Lakes resources” for “ocean and coastal resources” in introductory provisions.
33 U.S.C. § 1201 (NAVIGATION AND NAVIGABLE WATERS)
§ 1201. Statement of purpose
It is the purpose of this chapter to provide a positive means whereby the operators of approaching vessels can communicate their intentions to one another through voice radio, located convenient to the operator’s navigation station. To effectively accomplish this, there is need for a specific frequency or frequencies dedicated to the exchange of navigational information, on navigable waters of the United States.
(Pub. L. 92–63, § 2, Aug. 4, 1971, 85 Stat. 164.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 92–63, § 1, Aug. 4, 1971, 85 Stat. 164, provided: “That this Act [enacting this chapter] may be cited as the ‘Vessel Bridge-to-Bridge Radiotelephone Act’.”
heading: Effective Date
text: Pub. L. 92–63, § 10, Aug. 4, 1971, 85 Stat. 165, provided that: “This Act [enacting this chapter] shall become effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later.”
See 47 CFR 83.701 et seq.
33 U.S.C. § 1202 (NAVIGATION AND NAVIGABLE WATERS)
§ 1202. Definitions
For the purpose of this chapter—
(1) “Secretary” means the Secretary of the Department in which the Coast Guard is operating;
(2) “power-driven vessel” means any vessel propelled by machinery; and
(3) “towing vessel” means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead.
(Pub. L. 92–63, § 3, Aug. 4, 1971, 85 Stat. 164.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title.
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
33 U.S.C. § 1204 (NAVIGATION AND NAVIGABLE WATERS)
§ 1204. Radiotelephone for exclusive use of master, person in charge, or pilot; frequency listening watch; portable radiotelephone equipment
The radiotelephone required by this chapter is for the exclusive use of the master or person in charge of the vessel, or the person designated by the master or person in charge to pilot or direct the movement of the vessel, who shall maintain a listening watch on the designated frequency. Nothing contained herein shall be interpreted as precluding the use of portable radiotelephone equipment to satisfy the requirements of this chapter.
(Pub. L. 92–63, § 5, Aug. 4, 1971, 85 Stat. 165.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title.
33 U.S.C. § 1205 (NAVIGATION AND NAVIGABLE WATERS)
§ 1205. Radiotelephone capability; maintenance; restoration; consequences of loss: navigation of vessel
Whenever radiotelephone capability is required by this chapter, a vessel’s radiotelephone equipment shall be maintained in effective operating condition. If the radiotelephone equipment carried aboard a vessel ceases to operate, the master shall exercise due diligence to restore it or cause it to be restored to effective operating condition at the earliest practicable time. The failure of a vessel’s radiotelephone equipment shall not, in itself, constitute a violation of this chapter, nor shall it obligate the master of any vessel to moor or anchor his vessel; however, the loss of radiotelephone capability shall be given consideration in the navigation of the vessel.
(Pub. L. 92–63, § 6, Aug. 4, 1971, 85 Stat. 165.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title.
33 U.S.C. § 1206 (NAVIGATION AND NAVIGABLE WATERS)
§ 1206. Exemptions; terms and conditions
The Secretary may, if he considers that marine navigational safety will not be adversely affected or where a local communication system fully complies with the intent of this concept but does not conform in detail, issue exemptions from any provisions of this chapter, on such terms and conditions as he considers appropriate.
(Pub. L. 92–63, § 7, Aug. 4, 1971, 85 Stat. 165.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title.
33 U.S.C. § 1207 (NAVIGATION AND NAVIGABLE WATERS)
§ 1207. Regulations
(a) Operating and technical conditions and characteristics; frequencies, emission, and power of radiotelephone equipment
The Federal Communications Commission shall, after consultation with other cognizant agencies, prescribe regulations necessary to specify operating and technical conditions and characteristics including frequencies, emission, and power of radiotelephone equipment required under this chapter.
(b) Enforcement
The Secretary shall, subject to the concurrence of the Federal Communications Commission, prescribe regulations for the enforcement of this chapter.
(Pub. L. 92–63, § 8, Aug. 4, 1971, 85 Stat. 165.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title.
33 U.S.C. § 1208 (NAVIGATION AND NAVIGABLE WATERS)
§ 1208. Penalties
(a) Master, person in charge, or pilot subject to penalty
Whoever, being the master or person in charge of a vessel subject to this chapter, fails to enforce or comply with this chapter or the regulation, hereunder; or
Whoever, being designated by the master or person in charge of a vessel subject to this chapter to pilot or direct the movement of the vessel, fails to enforce or comply with this chapter or the regulations hereunder—
Is liable to a civil penalty of not more than $500 to be assessed by the Secretary.
(b) Vessels subject to penalty; jurisdiction
Every vessel navigating in violation of this chapter or the regulations hereunder is liable to a civil penalty of not more than $500 to be assessed by the Secretary for which the vessel may be proceeded against in any district court of the United States having jurisdiction.
(c) Remission or mitigation
Any penalty assessed under this section may be remitted or mitigated by the Secretary upon such terms as he may deem proper.
(Pub. L. 92–63, § 9, Aug. 4, 1971, 85 Stat. 165.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title.
33 U.S.C. § 1223a (NAVIGATION AND NAVIGABLE WATERS)
§ 1223a. Transferred
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 92–340, § 4A, as added Pub. L. 108–293, title IV, § 410, Aug. 9, 2004, 118 Stat. 1045, was redesignated and transferred to section 3105 of Title 46, Shipping, by Pub. L. 115–282, title IV, § 402(a)(1)(A), Dec. 4, 2018, 132 Stat. 4263.
33 U.S.C. § 1226 (NAVIGATION AND NAVIGABLE WATERS)
§ 1226. Transferred
heading: Editorial Notes
heading: Codification
text: Section was comprised of Pub. L. 92–340, § 7, as added Pub. L. 99–399, title IX, § 906, Aug. 27, 1986, as amended. Subsections (a) and (b) of section 7 of Pub. L. 92–340 were redesignated and transferred to section 70116 of Title 46, Shipping, by Pub. L. 115–282, title IV, § 402(b)(1), Dec. 4, 2018, 132 Stat. 4264, and also to section 70102a of Title 46 by Pub. L. 115–282, title IV, § 408(a), Dec. 4, 2018, 132 Stat. 4268. Subsection (c) of section 7 of Pub. L. 92–340 was redesignated subsec. (f) and transferred to section 70103 of Title 46 by Pub. L. 115–282, title IV, §§ 402(c)(1), 408(d)(1), Dec. 4, 2018, 132 Stat. 4264, 4268.
heading: Prior Provisions
text: A prior section 1226, Pub. L. 92–340, § 7, formerly title I, § 106, July 10, 1972, 86 Stat. 427; renumbered § 7 and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1475, related to requirement respecting federally licensed pilots on any foreign or domestic self-propelled vessel engaged in the foreign trade when operating in the navigable waters of the United States in areas, etc., where a pilot is not otherwise required by State law, prior to repeal by Pub. L. 98–557, § 29(g), Oct. 30, 1984, 98 Stat. 2875.
33 U.S.C. § 1252a (NAVIGATION AND NAVIGABLE WATERS)
§ 1252a. Reservoir projects, water storage; modification; storage for other than for water quality, opinion of Federal agency, committee resolutions of approval; provisions inapplicable to projects with certain prescribed water quality benefits in relation to total project benefits
In the case of any reservoir project authorized for construction by the Corps of Engineers, Bureau of Reclamation, or other Federal agency when the Administrator of the Environmental Protection Agency determines pursuant to section 1252(b) of this title that any storage in such project for regulation of streamflow for water quality is not needed, or is needed in a different amount, such project may be modified accordingly by the head of the appropriate agency, and any storage no longer required for water quality may be utilized for other authorized purposes of the project when, in the opinion of the head of such agency, such use is justified. Any such modification of a project where the benefits attributable to water quality are 15 per centum or more but not greater than 25 per centum of the total project benefits shall take effect only upon the adoption of resolutions approving such modification by the appropriate committees of the Senate and House of Representatives. The provisions of the section shall not apply to any project where the benefits attributable to water quality exceed 25 per centum of the total project benefits.
(Pub. L. 93–251, title I, § 65, Mar. 7, 1974, 88 Stat. 30.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Federal Water Pollution Control Act which comprises this chapter.
33 U.S.C. § 1254a (NAVIGATION AND NAVIGABLE WATERS)
§ 1254a. Research on effects of pollutants
In carrying out the provisions of section 1254(a) of this title, the Administrator shall conduct research on the harmful effects on the health and welfare of persons caused by pollutants in water, in conjunction with the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, and other Federal, State, and interstate agencies carrying on such research. Such research shall include, and shall place special emphasis on, the effect that bioaccumulation of these pollutants in aquatic species has upon reducing the value of aquatic commercial and sport industries. Such research shall further study methods to reduce and remove these pollutants from the relevant affected aquatic species so as to restore and enhance these valuable resources.
(Pub. L. 100–4, title I, § 105, Feb. 4, 1987, 101 Stat. 15.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Water Quality Act of 1987, and not as part of the Federal Water Pollution Control Act which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Definition
text: Administrator means the Administrator of the Environmental Protection Agency, see section 1(d) of Pub. L. 100–4, set out as a note under section 1251 of this title.
33 U.S.C. § 1257 (NAVIGATION AND NAVIGABLE WATERS)
§ 1257. Mine water pollution control demonstrations
(a) Comprehensive approaches to elimination or control of mine water pollution
The Administrator in cooperation with the Appalachian Regional Commission and other Federal agencies is authorized to conduct, to make grants for, or to contract for, projects to demonstrate comprehensive approaches to the elimination or control of acid or other mine water pollution resulting from active or abandoned mining operations and other environmental pollution affecting water quality within all or part of a watershed or river basin, including siltation from surface mining. Such projects shall demonstrate the engineering and economic feasibility and practicality of various abatement techniques which will contribute substantially to effective and practical methods of acid or other mine water pollution elimination or control, and other pollution affecting water quality, including techniques that demonstrate the engineering and economic feasibility and practicality of using sewage sludge materials and other municipal wastes to diminish or prevent pollution affecting water quality from acid, sedimentation, or other pollutants and in such projects to restore affected lands to usefulness for forestry, agriculture, recreation, or other beneficial purposes.
(b) Consistency of projects with objectives of subtitle IV of title 40
Prior to undertaking any demonstration project under this section in the Appalachian region (as defined in section 14102(a)(1) and (b) of title 40), the Appalachian Regional Commission shall determine that such demonstration project is consistent with the objectives of subtitle IV of title 40.
(c) Watershed selection
The Administrator, in selecting watersheds for the purposes of this section, shall be satisfied that the project area will not be affected adversely by the influx of acid or other mine water pollution from nearby sources.
(d) Conditions upon Federal participation
Federal participation in such projects shall be subject to the conditions—
(1) that the State shall acquire any land or interests therein necessary for such project; and
(2) that the State shall provide legal and practical protection to the project area to insure against any activities which will cause future acid or other mine water pollution.
(e) Authorization of appropriations
There is authorized to be appropriated $30,000,000 to carry out the provisions of this section, which sum shall be available until expended.
(June 30, 1948, ch. 758, title I, § 107, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 828.)
heading: Editorial Notes
heading: Codification
text: In subsec. (b), “section 14102(a)(1) and (b) of title 40” substituted for “section 403 of the Appalachian Regional Development Act of 1965, as amended” and “subtitle IV of title 40” substituted for “the Appalachian Regional Development Act of 1965, as amended” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
33 U.S.C. § 1257a (NAVIGATION AND NAVIGABLE WATERS)
§ 1257a. State demonstration programs for cleanup of abandoned mines for use as waste disposal sites; authorization of appropriations
The Administrator of the Environmental Protection Agency is authorized to make grants to States to undertake a demonstration program for the cleanup of State-owned abandoned mines which can be used as hazardous waste disposal sites. The State shall pay 10 per centum of project costs. At a minimum, the Administrator shall undertake projects under such program in the States of Ohio, Illinois, and West Virginia. There are authorized to be appropriated $10,000,000 per fiscal year for each of the fiscal years ending September 30, 1982, September 30, 1983, and September 30, 1984, to carry out this section. Such projects shall be undertaken in accordance with all applicable laws and regulations.
(Pub. L. 96–483, § 12, Oct. 21, 1980, 94 Stat. 2363.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Federal Water Pollution Control Act which comprises this chapter.
33 U.S.C. § 1263a (NAVIGATION AND NAVIGABLE WATERS)
§ 1263a. Grants to Alaska to improve sanitation in rural and Native villages
(a) In general
The Administrator of the Environmental Protection Agency may make grants to the State of Alaska for the benefit of rural and Native villages in Alaska to pay the Federal share of the cost of—
(1) the development and construction of public water systems and wastewater systems to improve the health and sanitation conditions in the villages; and
(2) training, technical assistance, and educational programs relating to the operation and management of sanitation services in rural and Native villages.
(b) Federal share
The Federal share of the cost of the activities described in subsection (a) shall be 50 percent.
(c) Administrative expenses
The State of Alaska may use an amount not to exceed 4 percent of any grant made available under this subsection 1 for administrative expenses necessary to carry out the activities described in subsection (a).
(d) Consultation with State of Alaska
The Administrator shall consult with the State of Alaska on a method of prioritizing the allocation of grants under subsection (a) according to the needs of, and relative health and sanitation conditions in, each eligible village.
(e) Authorization of appropriations
There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2001 through 2005.
(Pub. L. 104–182, title III, § 303, Aug. 6, 1996, 110 Stat. 1683; Pub. L. 106–457, title IX, § 903, Nov. 7, 2000, 114 Stat. 1982.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Safe Drinking Water Act Amendments of 1996, and not as part of the Federal Water Pollution Control Act which comprises this chapter.
heading: Amendments
text: 2000—Subsec. (e). Pub. L. 106–457 substituted “to carry out this section $40,000,000 for each of fiscal years 2001 through 2005” for “$15,000,000 for each of the fiscal years 1997 through 2000 to carry out this section”.
33 U.S.C. § 1264 (NAVIGATION AND NAVIGABLE WATERS)
§ 1264. Omitted
heading: Editorial Notes
heading: Codification
text: Section, act June 30, 1948, ch. 758, title I, § 114, as added Oct. 18, 1972, Pub. L. 92–500, § 2, 86 Stat. 833, authorized the Administrator, in consultation with the Tahoe Regional Planning Agency, the Secretary of Agriculture, other Federal agencies, representatives of State and local governments, and members of the public, to conduct a thorough and complete study on the need of extending Federal oversight and control in order to preserve the fragile ecology of Lake Tahoe and to report the results of this study to Congress not later than one year after Oct. 18, 1972.
33 U.S.C. § 1268a (NAVIGATION AND NAVIGABLE WATERS)
§ 1268a. Great Lakes restoration activities report
(a) For purposes of this section the following definitions apply:
(1) The terms “Great Lakes” and “Great Lakes State” have the same meanings as such terms have in section 1962d–22 of title 42.
(2) The term “Great Lakes restoration activities” means any Federal or State activity primarily or entirely within the Great Lakes watershed that seeks to improve the overall health of the Great Lakes ecosystem.
(b) Hereafter, not later than 45 days after submission of the budget of the President to Congress, the Director of the Office of Management and Budget, in coordination with the Governor of each Great Lakes State and the Great Lakes Interagency Task Force, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives a financial report, certified by the Secretary of each agency that has budget authority for Great Lakes restoration activities, containing—
(1) an interagency budget crosscut report that—
(A) displays the budget proposed, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year, separately reporting the amount of funding to be provided under existing laws pertaining to the Great Lakes ecosystem; and
(B) identifies all expenditures in each of the 5 prior fiscal years by the Federal Government and State governments for Great Lakes restoration activities;
(2) a detailed accounting of all funds received and obligated by all Federal agencies and, to the extent available, State agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years;
(3) a budget for the proposed projects (including a description of the project, authorization level, and project status) to be carried out in the upcoming fiscal year with the Federal portion of funds for activities; and
(4) a listing of all projects to be undertaken in the upcoming fiscal year with the Federal portion of funds for activities.
(Pub. L. 113–76, div. E, title VII, § 738, Jan. 17, 2014, 128 Stat. 238.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Financial Services and General Government Appropriations Act, 2014, and also as part of the Consolidated Appropriations Act, 2014, and not as part of the Federal Water Pollution Control Act which comprises this chapter.