CHAPTER 9 —PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY
SUBCHAPTER I—IN GENERAL
SUBCHAPTER II—OIL POLLUTION OF COASTAL WATERS
SUBCHAPTER III—NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF BALTIMORE
SUBCHAPTER IV—POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF COLUMBIA
SUBCHAPTER V—NAVIGABLE WATERS OF MARYLAND
SUBCHAPTER VI—WATER POLLUTION CONTROL
SUBCHAPTER VII—DAM INSPECTION PROGRAM
SUBCHAPTER I—IN GENERAL
§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)
(B)
(C)
(D)
(E)
(F)
(G)
(H) Section 103 of the River and Harbor Act of 1962 (
(I)
(J)
(K)
(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.
(
Editorial Notes
References in Text
Section 103 of the River and Harbor Act of 1962, referred to in par. (1)(H), is section 103 of
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of
§401. Construction of bridges, causeways, dams or dikes generally; exemptions
It shall not be lawful to construct or commence the construction of any bridge, causeway, dam, or dike over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for (1) the bridge or causeway shall have been submitted to and approved by the Secretary of the department in which the Coast Guard is operating, or (2) the dam or dike shall have been submitted to and approved by the Chief of Engineers and Secretary of the Army. However, such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Secretary of the department in which the Coast Guard is operating or by the Chief of Engineers and Secretary of the Army before construction is commenced. When plans for any bridge or other structure have been approved by the Secretary of the department in which the Coast Guard is operating or by the Chief of Engineers and Secretary of the Army, it shall not be lawful to deviate from such plans either before or after completion of the structure unless modification of said plans has previously been submitted to and received the approval of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers and the Secretary of the Army. The approval required by this section of the location and plans or any modification of plans of any bridge or causeway does not apply to any bridge or causeway over waters that are not subject to the ebb and flow of the tide and that are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce.
(Mar. 3, 1899, ch. 425, §9,
Editorial Notes
Codification
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899", and together with
Amendments
2016—
1983—
1982—
Statutory Notes and Related Subsidiaries
Transfer of Functions
Functions, powers, and duties of Secretary of the Army [formerly War] and other offices and officers of Department of the Army [formerly War] under this section 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
Executive Documents
Transfer of Functions
Enforcement functions of Secretary or other official in Department of Transportation related to compliance with permits for bridges across navigable waters issued under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§102(c), 203(a), 44 F.R. 33663, 33666,
§402. Construction of bridges, etc., over Illinois and Mississippi Canal
The provisions of
(June 13, 1902, ch. 1079, §10,
Editorial Notes
Codification
Section is from part of act June 13, 1902, popularly known as the "Rivers and Harbors Appropriation Act of 1902".
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§403. Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in
The creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of the Army; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of the Army prior to beginning the same.
(Mar. 3, 1899, ch. 425, §10,
Editorial Notes
Codification
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899", and together with
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
Expediting Repairs and Recovery From Flooding
"(a)
"(b)
"(1) the National Environmental Policy Act of 1969 (
"(2) the Federal Water Pollution Control Act (
"(3) the Endangered Species Act of 1973 (
Executive Documents
Transfer of Functions
Enforcement functions of Secretary of the Army, Chief of Engineers, or other official in Corps of Engineers of the United States Army related to compliance with permits for structures in navigable waters issued under this section with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§102(b), 203(a), 44 F.R. 33663, 33666,
§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,
Editorial Notes
References in Text
This act, referred to in text, is act Sept. 19, 1890, ch. 907,
Codification
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).
§403b. Lighting at docks and boat launching facilities
Whenever the Secretary considers a permit application for a dock or a boat launching facility under
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see
§404. Establishment of harbor lines; conditions to grants for extension of piers, etc.
Where it is made manifest to the Secretary of the Army that the establishment of harbor lines is essential to the preservation and protection of harbors he may, and is, authorized to cause such lines to be established, beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made, except under such regulations as may be prescribed from time to time by him: Provided, That, whenever the Secretary of the Army grants to any person or persons permission to extend piers, wharves, bulkheads, or other works, or to make deposits in any tidal harbor or river of the United States beyond any harbor lines established under authority of the United States, he shall cause to be ascertained the amount of tidewater displaced by any such structure or by any such deposits, and he shall, if he deem it necessary, require the parties to whom the permission is given to make compensation for such displacement either by excavating in some part of the harbor, including tidewater channels between high and low water mark, to such an extent as to create a basin for as much tidewater as may be displaced by such structure or by such deposits, or in any other mode that may be satisfactory to him.
(Mar. 3, 1899, ch. 425, §11,
Editorial Notes
Codification
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
Prior Provisions
This section and
Section also superseded act Aug. 18, 1894, ch. 299, §9,
Act Aug. 5, 1886, ch. 929, §2,
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§405. Establishment and modification of harbor lines on Potomac and Anacostia Rivers
The provisions of
(July 25, 1912, ch. 253, §1,
Editorial Notes
Codification
Section is from part of section 1 of act July 25, 1912, popularly known as the "Rivers and Harbors Appropriation Act of 1912".
§406. Penalty for wrongful construction of bridges, piers, etc.; removal of structures
Every person and every corporation that shall violate any of the provisions of
(Mar. 3, 1899, ch. 425, §12,
Editorial Notes
Codification
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
Amendments
1911—Act Mar. 3, 1911, transferred to the District Courts the enforcement powers formerly lodged in the Circuit Courts.
1900—Act Feb. 20, 1900, substituted "section eleven" for "section fourteen" where first appearing, which for codification purposes, was translated as "
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§407. Deposit of refuse in navigable waters generally
It shall not be lawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed: Provided, That nothing herein contained shall extend to, apply to, or prohibit the operations in connection with the improvement of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvement or public work: And provided further, That the Secretary of the Army, whenever in the judgment of the Chief of Engineers anchorage and navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly complied with, and any violation thereof shall be unlawful.
(Mar. 3, 1899, ch. 425, §13,
Editorial Notes
Codification
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
Prior Provisions
This section and
Section also superseded act Sept. 19, 1890, ch. 907, §6,
Statutory Notes and Related Subsidiaries
Change of Name
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,
Short Title
This section is popularly known as the "Refuse Act of 1899".
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
Termination of Discharge Permit Program
No permits for discharges into navigable waters to be issued under this section after Oct. 18, 1972, and the discharge permit program to be carried out instead under
Executive Documents
Executive Order No. 11574
Ex. Ord. No. 11574, Dec. 23, 1970, 35 F.R. 19627, which provided for administration of a permit program to regulate discharge of pollutants and other refuse matter into navigable waters or their tributaries and placement of such matter on their banks, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
§407a. Deposit of debris of mines and stamp works
In places where harbor-lines have not been established, and where deposits of debris of mines or stamp works can be made without injury to navigation, within lines to be established by the Secretary of the Army, said officer may, and is authorized to, cause such lines to be established; and within such lines such deposits may be made, under regulations to be from time to time prescribed by him.
(Aug. 5, 1886, ch. 929, §2,
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§408. Taking possession of, use of, or injury to harbor or river improvements
(a) Prohibitions and permissions
It shall not be lawful for any person or persons to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preservation and improvement of any of its navigable waters or to prevent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material composing such works: Provided, That the Secretary of the Army may, on the recommendation of the Chief of Engineers, grant permission for the temporary occupation or use of any of the aforementioned public works when in his judgment such occupation or use will not be injurious to the public interest: Provided further, That the Secretary may, on the recommendation of the Chief of Engineers, grant permission for the alteration or permanent occupation or use of any of the aforementioned public works when in the judgment of the Secretary such occupation or use will not be injurious to the public interest and will not impair the usefulness of such work.
(b) Concurrent review
(1) NEPA review
(A) In general
In any case in which an activity subject to this section requires a review under the National Environmental Policy Act of 1969 (
(B) Corps of Engineers as a cooperating agency
If the Corps of Engineers is not the lead Federal agency for an environmental review described in subparagraph (A), the Corps of Engineers shall, to the maximum extent practicable and consistent with Federal laws—
(i) participate in the review as a cooperating agency (unless the Corps of Engineers does not intend to submit comments on the project); and
(ii) adopt and use any environmental document prepared under the National Environmental Policy Act of 1969 (
(I) the National Environmental Policy Act of 1969 (
(II) parts 1500 through 1508 of title 40, Code of Federal Regulations (or successor regulations).
(2) Reviews by Secretary
In any case in which the Secretary must approve an action under this section and under another authority, including
(A) coordinate applicable reviews and, to the maximum extent practicable, carry out the reviews concurrently; and
(B) adopt and use any document prepared by the Corps of Engineers for the purpose of complying with the same law and that addresses the same types of impacts in the same geographic area if such document, as determined by the Secretary, is current and applicable.
(3) Contributed funds
The Secretary may accept and expend funds received from non-Federal public or private entities to evaluate under this section an alteration or permanent occupation or use of a work built by the United States.
(c) Timely review
(1) Complete application
On or before the date that is 30 days after the date on which the Secretary receives an application for permission to take action affecting public projects pursuant to subsection (a), the Secretary shall inform the applicant whether the application is complete and, if it is not, what items are needed for the application to be complete.
(2) Decision
On or before the date that is 90 days after the date on which the Secretary receives a complete application for permission under subsection (a), the Secretary shall—
(A) make a decision on the application; or
(B) provide a schedule to the applicant identifying when the Secretary will make a decision on the application.
(3) Notification to Congress
In any case in which a schedule provided under paragraph (2)(B) extends beyond 120 days from the date of receipt of a complete application, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an explanation justifying the extended timeframe for review.
(d) Work Defined
For the purposes of this section, the term "work" shall not include unimproved real estate owned or operated by the Secretary as part of a water resources development project if the Secretary determines that modification of such real estate would not affect the function and usefulness of the project.
(Mar. 3, 1899, ch. 425, §14,
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (b)(1), is
Codification
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
Prior Provisions
Section superseded act Sept. 19, 1890, ch. 907, §9,
Act Aug. 14, 1876, ch. 267, §3,
Amendments
2018—Subsec. (d).
2016—
1985—
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§408a. Expediting approval of modifications and alterations of projects by non-Federal interests
(a) Section 14 application defined
In this section, the term "section 14 application" means an application submitted by an applicant to the Secretary requesting permission for the temporary occupation or use of a public work, or the alteration or permanent occupation or use of a public work, under section 14 of the Act of March 3, 1899 (commonly known as the "Rivers and Harbors Appropriation Act of 1899") (
(b) Review
Not later than 1 year after June 10, 2014, the Secretary, after providing notice and an opportunity for comment, shall establish a process for the review of section 14 applications in a timely and consistent manner.
(c) Benchmark goals
(1) Establishment of benchmark goals
In carrying out subsection (b), the Secretary shall—
(A) establish benchmark goals for determining the amount of time it should take the Secretary to determine whether a section 14 application is complete;
(B) establish benchmark goals for determining the amount of time it should take the Secretary to approve or disapprove a section 14 application; and
(C) to the extent practicable, use such benchmark goals to make a decision on section 14 applications in a timely and consistent manner.
(2) Benchmark goals
(A) Benchmark goals for determining whether section 14 applications are complete
To the extent practicable, the benchmark goals established under paragraph (1) shall provide that—
(i) the Secretary reach a decision on whether a section 14 application is complete not later than 15 days after the date of receipt of the application; and
(ii) if the Secretary determines that a section 14 application is not complete, the Secretary promptly notify the applicant of the specific information that is missing or the analysis that is needed to complete the application.
(B) Benchmark goals for reviewing completed applications
To the extent practicable, the benchmark goals established under paragraph (1) shall provide that—
(i) the Secretary generally approve or disapprove a completed section 14 application not later than 45 days after the date of receipt of the completed application; and
(ii) in a case in which the Secretary determines that additional time is needed to review a completed section 14 application due to the type, size, cost, complexity, or impacts of the actions proposed in the application, the Secretary generally approve or disapprove the application not later than 180 days after the date of receipt of the completed application.
(3) Notice
In any case in which the Secretary determines that it will take the Secretary more than 45 days to review a completed section 14 application, the Secretary shall—
(A) provide written notification to the applicant; and
(B) include in the written notice a best estimate of the Secretary as to the amount of time required for completion of the review.
(d) Failure to achieve benchmark goals
In any case in which the Secretary fails make 1 a decision on a section 14 application in accordance with the process established under this section, the Secretary shall provide written notice to the applicant, including a detailed description of—
(1) why the Secretary failed to make a decision in accordance with such process;
(2) the additional actions required before the Secretary will issue a decision; and
(3) the amount of time the Secretary will require to issue a decision.
(e) Notification
(1) Submission to Congress
The Secretary shall provide a copy of any written notice provided under subsection (d) to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(2) Public availability
The Secretary shall maintain a publicly available database, including on the Internet, on—
(A) all section 14 applications received by the Secretary; and
(B) the current status of such applications.
(f) Guidance
(1) In general
Not later than 120 days after December 16, 2016, the Secretary shall issue guidance on the implementation of this section.
(2) Incorporation
In issuing guidance under paragraph (1), or any other regulation, guidance, or engineering circular related to activities covered under
(g) Prioritization
The Secretary shall prioritize and complete the activities required of the Secretary under this section.
(
Editorial Notes
Amendments
2016—Subsecs. (f), (g).
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of
1 So in original. Probably should be preceded by "to".
§409. Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels
It shall not be lawful to tie up or anchor vessels or other craft in navigable channels in such a manner as to prevent or obstruct the passage of other vessels or craft; or to sink, or permit or cause to be sunk, vessels or other craft in navigable channels; or to float loose timber and logs, or to float what is known as "sack rafts of timber and logs" in streams or channels actually navigated by steamboats in such manner as to obstruct, impede, or endanger navigation. And whenever a vessel, raft or other craft is wrecked and sunk in a navigable channel, it shall be the duty of the owner, lessee, or operator of such sunken craft to immediately mark it with a buoy or beacon during the day and, unless otherwise granted a waiver by the Commandant of the Coast Guard, a light at night, and to maintain such marks until the sunken craft is removed or abandoned, and the neglect or failure of the said owner, lessee, or operator so to do shall be unlawful; and it shall be the duty of the owner, lessee, or operator of such sunken craft to commence the immediate removal of the same, and prosecute such removal diligently, and failure to do so shall be considered as an abandonment of such craft, and subject the same to removal by the United States as provided for in
(Mar. 3, 1899, ch. 425, §15,
Editorial Notes
Codification
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
Amendments
2004—
1986—
§410. Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty
The prohibition contained in
The Secretary of the Army shall have power, and he is authorized and directed to prescribe rules and regulations, which he may at any time modify, to govern and regulate the floating of loose timber and logs, and sack rafts, (so called) of timber and logs and other methods of navigation on the streams and waterways, or any thereof, of the character, as to navigation, heretofore in this section described. The said rules and regulations shall be so framed as to equitably adjust conflicting interests between the different methods or forms of navigation; and the said rules and regulations shall be published at least once in such newspaper or newspapers of general circulation as in the opinion of the Secretary of the Army shall be best adapted to give notice of said rules and regulations to persons affected thereby and locally interested therein. And all modifications of said rules and regulations shall be similarly published. And such rules and regulations when so prescribed and published as to any such stream or waterway shall have the force of law, and any violation thereof shall be a misdemeanor, and every person convicted of such violation shall be punished by a fine of not exceeding $2,500 nor less than $500, or by imprisonment (in case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court: Provided, That the proper action to enforce the provisions of this section may be commenced before any magistrate judge, judge, or court of the United States, and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in the case of crimes or misdemeanors committed against the United States.
The right to alter, amend, or repeal this section at any time is reserved.
(May 9, 1900, ch. 387, §§1–3,
Statutory Notes and Related Subsidiaries
Change of Name
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,
"Magistrate judge" substituted in text for "magistrate" pursuant to section 321 of
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§411. Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and obstruction of navigable waters generally
Every person and every corporation that shall violate, or that shall knowingly aid, abet, authorize, or instigate a violation of the provisions of
(Mar. 3, 1899, ch. 425, §16,
Editorial Notes
Codification
Section is from part of section 16 of act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899". The balance of such section, relating to liability of masters, pilots, and so forth and of vessels engaged in violations, is classified to
Amendments
1996—
§412. Liability of masters, pilots, etc., and of vessels engaged in violations
Any and every master, pilot, and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded with any material specified in
(Mar. 3, 1899, ch. 425, §16,
Editorial Notes
References in Text
This Act, referred to in text, is act Mar. 3, 1899, ch. 425,
Codification
Section is from part of section 16 of act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899". The balance of such section, relating to penalties for the wrongful deposit of refuse, is classified to
Amendments
1996—
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§413. Duty of United States attorneys and other Federal officers in enforcement of provisions; arrest of offenders
The Department of Justice shall conduct the legal proceedings necessary to enforce the provisions of
(Mar. 3, 1899, ch. 425, §17,
Editorial Notes
Codification
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
Prior Provisions
Act Sept. 19, 1890, ch. 907, §11,
Statutory Notes and Related Subsidiaries
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, substituted "United States attorneys" for "district attorneys of the United States" and "district attorneys". See
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,
"Magistrate judge" substituted in text for "magistrate" pursuant to section 321 of
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
Executive Documents
Transfer of Functions
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 required to be made by President with advice and consent of Senate were ordered abolished with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035,
§414. Removal by Secretary of the Army of sunken water craft generally; liability of owner, lessee, or operator
(a) Whenever the navigation of any river, lake, harbor, sound, bay, canal, or other navigable waters of the United States shall be obstructed or endangered by any sunken vessel, boat, water craft, raft, or other similar obstruction, and such obstruction has existed for a longer period than thirty days, or whenever the abandonment of such obstruction can be legally established in a less space of time, the sunken vessel, boat, water craft, raft, or other obstruction shall be subject to be broken up, removed, sold, or otherwise disposed of by the Secretary of the Army at his discretion, without liability for any damage to the owners of the same: Provided, That in his discretion, the Secretary of the Army may cause reasonable notice of such obstruction of not less than thirty days, unless the legal abandonment of the obstruction can be established in a less time, to be given by publication, addressed "To whom it may concern," in a newspaper published nearest to the locality of the obstruction, requiring the removal thereof: And provided also, That the Secretary of the Army may, in his discretion, at or after the time of giving such notice, cause sealed proposals to be solicited by public advertisement, giving reasonable notice of not less than ten days, for the removal of such obstruction as soon as possible after the expiration of the above specified thirty days' notice, in case it has not in the meantime been so removed, these proposals and contracts, at his discretion, to be conditioned that such vessel, boat, water craft, raft, or other obstruction, and all cargo and property contained therein, shall become the property of the contractor, and the contract shall be awarded to the bidder making the proposition most advantageous to the United States: Provided, That such bidder shall give satisfactory security to execute the work: Provided further, That any money received from the sale of any such wreck, or from any contractor for the removal of wrecks, under this paragraph shall be covered into the Treasury of the United States.
(b) The owner, lessee, or operator of such vessel, boat, watercraft, raft, or other obstruction as described in this section shall be liable to the United States for the cost of removal or destruction and disposal as described which exceeds the costs recovered under subsection (a). Any amount recovered from the owner, lessee, or operator of such vessel pursuant to this subsection to recover costs in excess of the proceeds from the sale or disposition of such vessel shall be deposited in the general fund of the Treasury of the United States.
(Mar. 3, 1899, ch. 425, §19,
Editorial Notes
Codification
Section is from act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899".
Prior Provisions
Section superseded act June 14, 1880, ch. 211, §4,
Section also superseded act Sept. 19, 1890, ch. 907, §8,
Amendments
1986—
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers and duties of Secretary of the Army and other offices and officers of Department of the Army under
Executive Documents
Transfer of Functions Pertaining to Air Force
For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40 [App. A(57)], July 22, 1949.
§415. Summary removal of water craft obstructing navigation; liability of owner, lessee, or operator
(a) Removal authority
Under emergency, in the case of any vessel, boat, water craft, or raft, or other similar obstruction, sinking of grounding, or being unnecessarily delayed in any Government canal or lock, or in any navigable waters mentioned in
(b) Removal requirement
Not later than 24 hours after the Secretary of the Department in which the Coast Guard is operating issues an order to stop or delay navigation in any navigable waters of the United States because of conditions related to the sinking or grounding of a vessel, the owner or operator of the vessel, with the approval of the Secretary of the Army, shall begin removal of the vessel using the most expeditious removal method available or, if appropriate, secure the vessel pending removal to allow navigation to resume. If the owner or operator fails to begin removal or to secure the vessel pending removal or fails to complete removal on an expedited basis, the Secretary of the Army shall remove or destroy the vessel using the summary removal procedures under subsection (a).
(c) Liability of owner, lessee, or operator
The owner, lessee, or operator of such vessel, boat, watercraft, raft, or other obstruction as described in this section shall be liable to the United States for the actual cost, including administrative costs, of removal or destruction and disposal as described which exceeds the costs recovered under subsection (a). Any amount recovered from the owner, lessee, or operator of such vessel pursuant to this subsection to recover costs in excess of the proceeds from the sale or disposition of such vessel shall be deposited in the general fund of the Treasury of the United States.
(Mar. 3, 1899, ch. 425, §20,
Editorial Notes
Codification
Section is from part of section 20 of act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899". Another part of that section, appropriating money necessary to execute its provisions, is classified to
Section 20 of act Mar. 3, 1899, also contained a repealing clause with a proviso saving pending actions and rights of actions. It was amended by act Feb. 20, 1900, ch. 23, §3,
Amendments
1996—Subsec. (a).
Subsec. (b).
Subsec. (c).
1986—
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
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
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
Executive Documents
Transfer of Functions Pertaining to Air Force
For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force and Department of the Air Force from Secretary of the Army and Department of the Army, see Secretary of Defense Transfer Order No. 40 [App. A(57)], July 22, 1949.
§416. Appropriations for removal of sunken water craft
Such sum of money as may be necessary to execute
(Mar. 3, 1899, ch. 425, §20(a), formerly §20,
Editorial Notes
Codification
Section is from part of section 20(a) of act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899". See Codification and Amendment notes set out under
Statutory Notes and Related Subsidiaries
Change of Name
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,
Appropriations
Act June 26, 1934, ch. 756, §2,
§417. Expenses of investigations by Department of the Army
Expenses incurred by the Engineer Department of the Department of the Army in all investigations, inspections, hearings, reports, service of notice, or other action incidental to examination of plans or sites of bridges or other structures built or proposed to be built in or over navigable waters, or to examinations into alleged violations of laws for the protection and preservation of navigable waters, or to the establishment or marking of harbor lines, shall be payable from any funds which may be available for the improvement, maintenance, operation, or care of the waterways or harbors affected, or if such funds are not available in sums judged by the Chief of Engineers to be adequate, then from any funds available for examinations, surveys, and contingencies of rivers and harbors.
(Mar. 3, 1905, ch. 1482, §6,
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§418. Provisions for protection of New York Harbor unaffected
Nothing contained in
(Mar. 3, 1899, ch. 425, §20(a), formerly §20,
Editorial Notes
References in Text
Subchapter III (§441 et seq.) of this chapter, referred to in text, was in the original a reference to the Act of June 29, 1888, as amended by section 3 of the river and harbor Act of August 18, 1894.
Codification
Section is from part of section 20(a) of act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899". See Codification and Amendment notes set out under
§419. Regulation by Secretary governing transportation and dumping of dredgings, refuse, etc., into navigable waters; oyster lands; appropriations
The Secretary of the Army is authorized and empowered to prescribe regulations to govern the transportation and dumping into any navigable water, or waters adjacent thereto, of dredgings, earth, garbage, and other refuse materials of every kind or description, whenever in his judgment such regulations are required in the interest of navigation. Such regulations shall be posted in conspicuous and appropriate places for the information of the public; and every person or corporation which shall violate the said regulations, or any of them, shall be deemed guilty of a misdemeanor and shall be subject to the penalties prescribed in
(Mar. 3, 1905, ch. 1482, §4,
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§419a. Management practices to extend capacity and useful life of dredged material disposal areas
The Secretary of the Army, acting through the Chief of Engineers, shall utilize and encourage the utilization of such management practices as he determines appropriate to extend the capacity and useful life of dredged material disposal areas such that the need for new dredged material disposal areas is kept to a minimum. Management practices authorized by this section shall include, but not be limited to, the construction of dikes, consolidation and dewatering of dredged material, and construction of drainage and outflow facilities.
(
§420. Piers and cribs on Mississippi and St. Croix Rivers
The owners of sawmills on the Mississippi River and the Saint Croix River in the States of Wisconsin and Minnesota are authorized and empowered under the direction of the Secretary of the Army, to construct piers or cribs in front of their mill property on the banks of the river, for the protection of their mills and rafts against damage by floods and ice: Provided, however, That the piers or cribs so constructed shall not interfere with or obstruct the navigation of the river. And in case any pier or crib constructed under authority of this section shall at any time, and for any cause, be found to obstruct the navigation of the river, the Government expressly reserves the right to remove or direct the removal of it, at the cost and expense of the owners thereof.
(R.S. §5254; May 1, 1882, ch. 112,
Editorial Notes
Codification
R.S. §5254 derived from act Mar. 3, 1873, ch. 278,
Amendments
1882—Act May 1, 1882, inserted reference to Saint Croix River in the States of Wisconsin and Minnesota.
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§421. Deposit of refuse, etc., in Lake Michigan near Chicago
It shall not be lawful to throw, discharge, dump, or deposit, or cause, suffer, or procure, to be thrown, discharged, dumped, or deposited, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into Lake Michigan, at any point opposite or in front of the county of Cook, in the State of Illinois, or the county of Lake in the State of Indiana, within eight miles from the shore of said lake, unless said material shall be placed inside of a breakwater so arranged as not to permit the escape of such refuse material into the body of the lake and cause contamination thereof; and no officer of the Government shall dump or cause or authorize to be dumped any material contrary to the provisions of this section: Provided, however, That the provisions of this section shall not apply to work in connection with the construction, repair, and protection of breakwaters and other structures built in aid of navigation, or for the purpose of obtaining water supply. Any person violating any provision of this section shall be guilty of a misdemeanor, and on conviction thereof shall be fined for each offense not exceeding $1,000.
(June 23, 1910, ch. 359,
Editorial Notes
Codification
Section is from act June 23, 1910, popularly known as the "Rivers and Harbors Act of 1910".
§422. Modification and extension of harbor lines at Chicago
The Secretary of the Army is authorized, in his discretion, to modify and extend harbor lines in front of the city of Chicago in such manner as to permit park extension work which may be desired by the municipal authorities, including the changing and widening of the southern entrance to the Chicago Harbor.
(Aug. 26, 1912, ch. 408, §5,
Editorial Notes
Codification
Section is from act Aug. 26, 1912, popularly known as the "Deficiency Appropriation Act for 1912".
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§423. Establishment of pierhead and bulkhead lines in Wilmington Harbor, California
The Secretary of the Army is authorized to fix and establish pierhead and bulkhead lines, either or both, in the inner harbor of San Pedro, otherwise known as Wilmington Harbor, California, beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made except under such regulations as shall be prescribed from time to time by the Secretary of the Army.
(Mar. 26, 1908, No. 14,
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§424. Establishment of pierhead or bulkhead lines in Newport Harbor, California
The Secretary of the Army is authorized and directed to fix and establish pierhead and bulkhead lines, either or both, at Newport Harbor, California, in accordance with plan dated United States Engineer Office, Los Angeles, California, March 25, 1913, and entitled "Newport Bay, California", showing harbor lines, beyond which no piers, wharfs, bulkheads, or other works shall be extended or deposit made, except under such regulations as shall be prescribed from time to time by the Secretary of the Army.
(July 27, 1916, ch. 260, §3,
Editorial Notes
Codification
Section is from act July 27, 1916, popularly known as the "Rivers and Harbors Appropriation Act of 1916".
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§424a. Modification of harbor lines in Newport Harbor, California
The Secretary of the Army is authorized to modify from time to time, the harbor lines at Newport Harbor, California, established in pursuance of
(Mar. 3, 1925, ch. 467, §10,
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§425. Omitted
Editorial Notes
Codification
Section, act June 7, 1924, ch. 316, §9,
§426. Investigations concerning erosion of shores of coastal and lake waters
The Chief of Engineers of the United States Army, under the direction of the Secretary of the Army, is authorized and directed to cause investigations and studies to be made in cooperation with the appropriate agencies of the various States on the Atlantic, Pacific, and gulf coasts and on the Great Lakes, and of the States of Alaska and Hawaii, the Commonwealth of Puerto Rico, and the possessions of the United States, with a view to devising effective means of preventing erosion of the shores of coastal and lake waters by waves and currents; and any expenses incident and necessary thereto may be paid from funds appropriated for General Investigations, Civil Functions, Department of the Army: Provided, That the Department of the Army may release to the appropriate cooperating agencies information obtained by these investigations and studies prior to the formal transmission of reports to Congress: Provided further, That no money shall be expended under authority of this section in any State which does not provide for cooperation with the agents of the United States and contribute to the project such funds or services as the Secretary of the Army may deem appropriate and require; that there shall be organized under the Chief of Engineers, United States Army, a Board of seven members, of whom four shall be officers of the Corps of Engineers and three shall be civilian engineers selected by the Chief of Engineers with regard to their special fitness in the field of beach erosion and shore protection. The Board will furnish such technical assistance as may be directed by the Chief of Engineers in the conduct of such studies as may be undertaken and will review the reports of the investigations made. In the consideration of such studies as may be referred to the Board by the Chief of Engineers, the Board shall, when it considers it necessary and with the sanction of the Chief of Engineers, make, as a board or through its members, personal examination of localities under investigation: Provided further, That the civilian members of the Board may be paid at rates not to exceed $100 a day for each day of attendance at Board meetings, not to exceed thirty days per annum, in addition to the traveling and other necessary expenses connected with their duties on the Board in accordance with the provisions of
(July 3, 1930, ch. 847, §2,
Editorial Notes
References in Text
The Board, referred to in text, means the Beach Erosion Board, which was abolished by
Codification
"
Amendments
1960—
Statutory Notes and Related Subsidiaries
Abolition of Beach Erosion Board
Great Lakes Levels Study
Study of Rising Oceans
Application of Existing Law to Surveys Relating to Shore Protection
§426–1. Coastal Engineering Research Center; establishment; powers and functions
There shall be established under the Chief of Engineers, United States Army, a Coastal Engineering Research Center which, except as hereinafter provided in
(
Editorial Notes
Codification
Section was enacted as part of section 1 of
Statutory Notes and Related Subsidiaries
Abolition of Beach Erosion Board
Section 1 of
§426–2. Board on Coastal Engineering Research
The functions of the Coastal Engineering Research Center established by
(
Statutory Notes and Related Subsidiaries
Compensation of Board
[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Abolition of Beach Erosion Board
Section 1 of
§426–3. Transfer of functions of Beach Erosion Board
All functions of the Beach Erosion Board pertaining to review of reports of investigations made concerning erosion of the shores of coastal and lake waters, and the protection of such shores, are hereby transferred to the Board established by
(
Statutory Notes and Related Subsidiaries
Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities
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
Abolition of Beach Erosion Board
Section 1 of
§426a. Additional investigations concerning erosion of shores of coastal and lake waters; payment of costs; "shores" defined
In addition to participating in cooperative investigations and studies with agencies of the various States as authorized in
(July 31, 1945, ch. 334, §1,
Editorial Notes
Codification
Coastal Engineering Research Center has been substituted for Beach Erosion Board pursuant to
§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,
Editorial Notes
Codification
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
Statutory Notes and Related Subsidiaries
Termination of Board of Engineers for Rivers and Harbors and Reassignment of Duties and Responsibilities
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
§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
(July 31, 1945, ch. 334, §3,
Editorial Notes
Codification
Coastal Engineering Research Center has been substituted for Beach Erosion Board pursuant to
§426d. Payment of expenses
Any expenses incident and necessary in the undertaking of the general investigations authorized by
(July 31, 1945, ch. 334, §4,
§426e. Federal aid in protection of shores
(a) Declaration of policy
With the purpose of preventing damage to the shores and beaches of the United States, its Territories and possessions and promoting and encouraging the healthful recreation of the people, it is declared to be the policy of the United States, subject to
(b) Federal contribution; maximum amount; exceptions
The Federal contribution in the case of any project referred to in subsection (a) shall not exceed one-half of the cost of the project, and the remainder shall be paid by the State, municipality, or other political subdivision in which the project is located, except that (1) the costs allocated to the restoration and protection of Federal property shall be borne fully by the Federal Government, (2) Federal participation in the cost of a project for restoration and protection of State, county, and other publicly owned shore parks and conservation areas may be, in the discretion of the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs, when such areas: Include a zone which excludes permanent human habitation; include but are not limited to recreational beaches; satisfy adequate criteria for conservation and development of the natural resources of the environment; extend landward a sufficient distance to include, where appropriate, protective dunes, bluffs, or other natural features which serve to protect the uplands from damage; and provide essentially full park facilities for appropriate public use, all of which shall meet with the approval of the Chief of Engineers, and (3) Federal participation in the cost of a project providing hurricane protection may be, in the discretion of the Secretary 1 not more than 70 per centum of the total cost exclusive of land costs.
(c) Periodic beach nourishment; "construction" defined
When in the opinion of the Chief of Engineers the most suitable and economical remedial measures would be provided by periodic beach nourishment, the term "construction" may be construed for the purposes of
(d) Shores other than public
Shores other than public will be eligible for Federal assistance if there is benefit such as that arising from public use or from the protection of nearby public property or if the benefits to those shores are incidental to the project, and the Federal contribution to the project shall be adjusted in accordance with the degree of such benefits.
(e) Authorization of projects
(1) In general
No Federal contributions shall be made with respect to a project under
(2) Studies
(A) In general
The Secretary shall—
(i) recommend to Congress studies concerning shore protection projects that meet the criteria established under
(ii) conduct such studies as Congress requires under applicable laws; and
(iii) report the results of the studies to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(B) Recommendations for shore protection projects
(i) In general
The Secretary shall recommend to Congress the authorization or reauthorization of shore protection projects based on the studies conducted under subparagraph (A).
(ii) Considerations
In making recommendations, the Secretary shall consider the economic and ecological benefits of the shore protection project.
(C) Coordination of projects
In conducting studies and making recommendations for a shore protection project under this paragraph, the Secretary shall—
(i) determine whether there is any other project being carried out by the Secretary or the head of another Federal agency that may be complementary to the shore protection project; and
(ii) if there is such a complementary project, describe the efforts that will be made to coordinate the projects.
(3) Shore protection projects
(A) In general
The Secretary shall construct, or cause to be constructed, any shore protection project authorized by Congress, or separable element of such a project, for which funds have been appropriated by Congress.
(B) Agreements
(i) Requirement
After authorization by Congress, and before commencement of construction, of a shore protection project or separable element, the Secretary shall enter into a written agreement with a non-Federal interest with respect to the project or separable element.
(ii) Terms
The agreement shall—
(I) specify the life of the project; and
(II) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element.
(C) Coordination of projects
In constructing a shore protection project or separable element under this paragraph, the Secretary shall, to the extent practicable, coordinate the project or element with any complementary project identified under paragraph (2)(C).
(Aug. 13, 1946, ch. 960, §1,
Editorial Notes
References in Text
Codification
Coastal Engineering Research Center, referred to in subsec. (e), has been substituted for Beach Erosion Board pursuant to
Amendments
1996—Subsec. (a).
Subsec. (b)(3).
Subsec. (e).
1970—Subsec. (b).
1962—Subsec. (b).
Subsec. (e).
1956—Act July 28, 1956, extended assistance to privately owned shores, to include shores of Territories and possessions, substituted "restoration" for "improvement", defined "construction", and struck out provisions which authorized Federal aid toward the repair and protection of seawalls constructed by political subdivisions to protect important public highways.
Statutory Notes and Related Subsidiaries
Beach Recreation
Shore Management Program
Report on Shores of the United States
Report to Congress on Shoreline Protection Programs
1 So in original. Probably should be followed by a comma.
2 See References in Text note below.
§426e–1. Shore protection projects
(a) In general
In accordance with the Act of July 3, 1930 (
(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).
(
Editorial Notes
References in Text
The Act of July 3, 1930, referred to in subsec. (a), is act July 3, 1930, ch. 847,
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of
§426e–2. Clarification of munition disposal authorities
(a) In general
The Secretary may, at full Federal expense, implement any response action the Secretary determines to be necessary at a site where—
(1) the Secretary has carried out a project under civil works authority of the Secretary that includes placing sand on a beach; and
(2) as a result of the project described in paragraph (1), military munitions that were originally released as a result of Department of Defense activities are deposited on the beach, posing a threat to human health or the environment.
(b) Response action funding
A response action described in subsection (a) shall be reimbursed from amounts made available to the agency within the Department of Defense responsible for the original release of the munitions.
(
Editorial Notes
Amendments
2016—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of
§426e–3. Coastal storm damage reduction contracts
For any project for coastal storm damage reduction, the Secretary may seek input from a non-Federal interest for a project that may be affected by the timing of the coastal storm damage reduction activities under the project, in order to minimize, to the maximum extent practicable, any negative effects resulting from the timing of those activities.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of div. AA of
§426f. Reimbursements
(a) In general
The Secretary is authorized to reimburse non-Federal interests for work done by them, after initiation of the survey studies which form the basis for the project or separable element of the project, on authorized projects or separable elements which individually do not exceed $1,000,000 in total cost: Provided, That the work which may have been done on the projects or separable elements is approved by the Chief of Engineers as being in accordance with the authorized projects or separable elements: Provided further, That such reimbursement shall be subject to appropriations applicable thereto or funds available therefor and shall not take precedence over other pending projects or separable elements of higher priority for improvements.
(b) Agreements
(1) Requirement
After authorization of reimbursement by the Secretary under this section, and before commencement of construction, of a shore protection project, the Secretary shall enter into a written agreement with the non-Federal interest with respect to the project or separable element.
(2) Terms
The agreement shall—
(A) specify the life of the project; and
(B) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element.
(Aug. 13, 1946, ch. 960, §2,
Editorial Notes
Amendments
1996—
1962—
1956—Act July 28, 1956, substituted "or other political subdivision involved" for "or political subdivision".
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
§426g. Storm and hurricane restoration and impact minimization program
(a) Construction of small shore and beach restoration and protection projects
(1) In general
The Secretary may carry out a program for the construction of small shore and beach restoration and protection projects not specifically authorized by Congress that otherwise comply with
(2) Local cooperation
The local cooperation requirement of
(3) Completeness
A project under this subsection—
(A) shall be complete; and
(B) shall not commit the United States to any additional improvement to ensure the successful operation of the project; except for participation in periodic beach nourishment in accordance with—
(i)
(ii) the procedure for projects authorized after submission of a survey report.
(b) National shoreline erosion control development and demonstration program
(1) In general
The Secretary shall conduct under the program authorized by subsection (a) a national shoreline erosion control development and demonstration program (referred to in this section as the "demonstration program").
(2) Requirements
(A) In general
The demonstration program shall include provisions for—
(i) projects consisting of planning, design, construction, and monitoring of prototype engineered and native and naturalized vegetative shoreline erosion control devices and methods;
(ii) monitoring of the applicable prototypes;
(iii) detailed engineering and environmental reports on the results of each project carried out under the demonstraton 1 program; and
(iv) technology transfers, as appropriate, to private property owners, State and local entities, nonprofit educational institutions, and nongovernmental organizations.
(B) Determination of feasibility
A project under the demonstration program shall not be carried out until the Secretary determines that the project is feasible.
(C) Emphasis
A project under the demonstration program shall emphasize, to the maximum extent practicable—
(i) the development and demonstration of innovative technologies;
(ii) efficient designs to prevent erosion at a shoreline site, taking into account the lifecycle cost of the design, including cleanup, maintenance, and amortization;
(iii) new and enhanced shore protection project design and project formulation tools the purposes of which are to improve the physical performance, and lower the lifecycle costs, of the projects;
(iv) natural designs, including the use of native and naturalized vegetation or temporary structures that minimize permanent structural alterations to the shoreline;
(v) the avoidance of negative impacts to adjacent shorefront communities;
(vi) in areas with substantial residential or commercial interests located adjacent to the shoreline, designs that do not impair the aesthetic appeal of the interests;
(vii) the potential for long-term protection afforded by the technology; and
(viii) recommendations developed from evaluations of the program established under the Shoreline Erosion Control Demonstration Act of 1974 (
(I) adequate consideration of the subgrade;
(II) proper filtration;
(III) durable components;
(IV) adequate connection between units; and
(V) consideration of additional relevant information.
(D) Sites
(i) In general
Each project under the demonstration program may be carried out at—
(I) a privately owned site with substantial public access; or
(II) a publicly owned site on open coast or in tidal waters.
(ii) Selection
The Secretary shall develop criteria for the selection of sites for projects under the demonstration program, including criteria based on—
(I) a variety of geographic and climatic conditions;
(II) the size of the population that is dependent on the beaches for recreation or the protection of private property or public infrastructure;
(III) the rate of erosion;
(IV) significant natural resources or habitats and environmentally sensitive areas; and
(V) significant threatened historic structures or landmarks.
(3) Consultation
The Secretary shall carry out the demonstration program in consultation with—
(A) the Secretary of Agriculture, particularly with respect to native and naturalized vegetative means of preventing and controlling shoreline erosion;
(B) Federal, State, and local agencies;
(C) private organizations;
(D) the Coastal Engineering Research Center established by
(E) applicable university research facilities.
(4) Completion of demonstration
After carrying out the initial construction and evaluation of the performance and cost of a project under the demonstration program, the Secretary may—
(A) amend, at the request of a non-Federal interest of the project, the partnership agreement for a federally authorized shore protection project in existence on the date on which initial construction of the project under the demonstration program is complete to incorporate the project constructed under the demonstration program as a feature of the shore protection project, with the future cost sharing of the project constructed under the demonstration program to be determined by the project purposes of the shore protection project; or
(B) transfer all interest in and responsibility for the completed project constructed under the demonstration program to a non-Federal interest or another Federal agency.
(5) Agreements
The Secretary may enter into a partnership agreement with the non-Federal interest or a cooperative agreement with the head of another Federal agency under the demonstration program—
(A) to share the costs of construction, operation, maintenance, and monitoring of a project under the demonstration program;
(B) to share the costs of removing the project, or element of the project if the Secretary determines that the project or element of the project is detrimental to public or private property, public infrastructure, or public safety; or
(C) to specify ownership of the completed project if the Secretary determines that the completed project will not be part of a Corps of Engineers project.
(6) Report
Not later than December 31, 2008, and every 3 years thereafter, the Secretary shall prepare and 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 report describing—
(A) the activities carried out and accomplishments made under the demonstration program since the previous report under this paragraph; and
(B) any recommendations of the Secretary relating to the program.
(c) Authorization of appropriations
(1) In general
Subject to paragraph (2), the Secretary may expend, from any appropriations made available to the Secretary for the purpose of carrying out civil works, not more than $37,500,000 during any fiscal year to pay the Federal share of the costs of construction of small shore and beach restoration and protection projects or small projects under this section.
(2) Limitation
The total amount expended for a project under this section shall—
(A) be sufficient to pay the cost of Federal participation in the project (including periodic nourishment as provided for under
(B) be not more than $10,000,000.
(Aug. 13, 1946, ch. 960, §3,
Editorial Notes
References in Text
The Shoreline Erosion Control Demonstration Act of 1974, referred to in subsec. (b)(2)(C)(viii), is
Amendments
2018—Subsec. (c)(1).
2016—Subsec. (c)(2)(B).
2007—
1999—
1996—
1986—
1970—
1965—
1962—
1956—Act July 28, 1956, substituted "restoration and protective works under
Statutory Notes and Related Subsidiaries
Change of Name
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,
Effective Date of 1986 Amendment
Effective Date of 1970 Amendment
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
Hurricane and Storm Damage Protection Program
"(a)
"(b)
"(c)
"(1) foster Federal, State, and local collaboration;
"(2) evaluate the performance of projects being carried out under a single contract with respect to whether such projects yield any regional or multi-district benefits; and
"(3) include other criteria and considerations that the Secretary determines to be appropriate.
"(d)
"(e)
"(f)
1 So in original. Probably should be "demonstration".
2 See References in Text note below.
§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
Editorial Notes
Prior Provisions
A prior section 4 of act Aug. 13, 1946, was renumbered section 5 of that act, and was classified to
§426h. Repealed. Pub. L. 110–114, title II, §2038(b), Nov. 8, 2007, 121 Stat. 1100
Section, act Aug. 13, 1946, ch. 960, §5, as added
A prior section 426h, acts Aug. 13, 1946, ch. 960, §5, formerly §4,
§426h–1. Definitions
In
(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
(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
§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, including a study, shall be cost-shared in the same proportion as the cost-sharing provisions applicable to construction of 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 $12,500,000.
(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.
(e) Reimbursement for feasibility studies
Beginning on December 16, 2016, in any case in which the Secretary implements a project under this section, the Secretary shall reimburse or credit the non-Federal interest for any amounts contributed for the study evaluating the damage in excess of the non-Federal share of the costs, as determined under subsection (b).
(
Editorial Notes
Amendments
2018—Subsec. (c).
2016—Subsec. (b).
Subsec. (e).
2014—Subsec. (c).
1999—
1986—
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by section 915(f) of
Coastal Erosion
"(a)
"(b)
"(1) identify and carry out not more than five projects—
"(A) located in any of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, or New York; and
"(B) for which a feasibility study has been completed by December 31, 2019, that includes findings that a Federal project structure is interrupting the natural flow of sediment and causing coastal erosion; and
"(2) consult with relevant State agencies in selecting projects."
§426i–1. Repealed. Pub. L. 113–121, title I, §1014(c)(2), June 10, 2014, 128 Stat. 1222
Section,
§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.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of
§426j. Repealed. Pub. L. 110–114, title II, §2037(b)(1), Nov. 8, 2007, 121 Stat. 1096
Section,
Statutory Notes and Related Subsidiaries
Existing Projects
§426k. Five year demonstration program to temporarily increase diversion of water from Lake Michigan at Chicago, Illinois
(a) Authorization of Secretary of the Army; purpose; amounts of increase; incremental accomplishment; effects on Illinois Waterway; responsibilities for development, implementation, and supervision
In order to alleviate water damage on the shoreline of Lake Michigan and others of the Great Lakes during periods of abnormally high water levels in the Great Lakes, and to improve the water quality of the Illinois Waterway, the Secretary of the Army, acting through the Chief of Engineers, is authorized to carry out a five-year demonstration program to temporarily increase the diversion of water from Lake Michigan at Chicago, Illinois, for the purpose of testing the practicability of increasing the average annual diversion from the present limit of three thousand two hundred cubic feet per second to ten thousand cubic feet per second. The demonstration program will increase the controllable diversion by various amounts calculated to raise the average annual diversion above three thousand two hundred cubic feet per second up to ten thousand cubic feet per second. The increase in diversion rate will be accomplished incrementally and will take into consideration the effects of such increase on the Illinois Waterway. The program will be developed by the Chief of Engineers in cooperation with the State of Illinois and the Metropolitan Sanitary District of Greater Chicago. The program will be implemented by the State of Illinois and the Metropolitan Sanitary District of Greater Chicago under the supervision of the Chief of Engineers.
(b) Establishment of monthly controllable diversion rates; average annual level of Lake Michigan and total diversion for succeeding accounting year
During the demonstration program a controllable diversion rate will be established for each month calculated to establish an annual average diversion from three thousand two hundred cubic feet per second to not more than ten thousand cubic feet per second. When the level of Lake Michigan is below its average level, the total diversion for the succeeding accounting year shall not exceed three thousand two hundred cubic feet per second on an annual basis. The average level of Lake Michigan will be based upon the average monthly level for the period from 1900 to 1975.
(c) River stages approaching bankfull conditions on Illinois Waterway or Mississippi River or further increased diversion adversely affecting St. Lawrence Seaway water levels: limitation on diversion
When river stages approach or are predicted to approach bankfull conditions at the established flood warning stations on the Illinois Waterway or the Mississippi River, or when further increased diversion of water from Lake Michigan would adversely affect water levels necessary for navigational requirements of the Saint Lawrence Seaway in its entirety throughout the Saint Lawrence River and Great Lakes-Saint Lawrence Seaway, water shall not be diverted directly from Lake Michigan at the Wilmette, O'Brien, or Chicago River control structures other than as necessary for navigational requirements.
(d) Additional study and demonstration program: determination of effects on Great Lakes levels and Illinois Waterway water quality and susceptibility to additional flooding and investigation of other adverse or beneficial impacts; report and recommendations to Congress
The Chief of Engineers shall conduct a study and a demonstration program to determine the effects of the increased diversion on the levels of the Great Lakes, on the water quality of the Illinois Waterway, and on the susceptibility of the Illinois Waterway to additional flooding. The study and demonstration program will also investigate any adverse or beneficial impacts which result from this section. The Chief of Engineers, at the end of five years after October 22, 1976, will submit to the Congress the results of this study and demonstration program including recommendations whether to continue this authority or to change the criteria stated in subsection (b) of this section.
(e) "Controllable diversion" defined
For purposes of this section, controllable diversion is defined as that diversion at Wilmette, O'Brien, and Chicago River control structures which is not attributable to leakage or which is not necessary for navigational requirements.
(
§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."
(
§426m. Collection and removal of drift and debris from publicly maintained commercial boat harbors and adjacent land and water areas
(a) Congressional findings
The Congress finds that drift and debris on or in publicly maintained commercial boat harbors and the land and water areas immediately adjacent thereto threaten navigational safety, public health, recreation, and the harborfront environment.
(b) Responsibility of Secretary of the Army for development of projects; project undertakings exempt from specific Congressional approval
(1) The Secretary of the Army, acting through the Chief of Engineers, shall be responsible for developing projects for the collection and removal of drift and debris from publicly maintained commercial boat harbors and from land and water areas immediately adjacent thereto.
(2) The Secretary of the Army, acting through the Chief of Engineers, is authorized to undertake projects developed under paragraph (1) of this subsection without specific congressional approval when the total Federal cost for the project is less than $400,000.
(c) Federal share of costs; responsibility of non-Federal interests in future project development to recover cost or repair sources
The Federal share of the cost of any project developed pursuant to subsection (b) of this section shall be two-thirds of the cost of the project. The remainder of such costs shall be paid by the State, municipality, or other political subdivision in which the project is to be located, except that any costs associated with the collections and removal of drift and debris from federally owned lands shall be borne by the Federal Government. Non-Federal interests in future project development under subsection (b) of this section shall be required to recover the full cost of drift or debris removal from any identified owner of piers or other potential sources of drift or debris, or to repair such sources so that they no longer create a potential source of drift or debris.
(d) Responsibility for providing lands, easements, and right-of-way necessary for projects; agreement to maintain projects and hold United States free from damages; regulation of project area following project completion; technical advice
Any State, municipality, or other political subdivision where any project developed pursuant to subsection (b) of this section is located shall provide all lands, easements, and right-of-way necessary for the project, including suitable access and disposal areas, and shall agree to maintain such projects and hold and save the United States free from any damages which may result from the non-Federal sponsor's performance of, or failure to perform, any of its required responsibilities of cooperation for the project. Non-Fededal 1 interest shall agree to regulate any project area following project completion so that such area will not become a future source of drift and debris. The Chief of Engineers shall provide technical advice to non-Federal interests on the implementation of this subsection.
(e) Definitions
For the purposes of this section—
(1) the term "drift" includes any buoyant material that, when floating in the navigable waters of the United States, may cause damage to a commercial or recreational vessel; and
(2) the term "debris" includes any abandoned or dilapidated structure or any sunken vessel or other object that can reasonably be expected to collapse or otherwise enter the navigable waters of the United States as drift within a reasonable period.
(f) Authorization of appropriations
There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years beginning after September 30, 1986.
(
Editorial Notes
Amendments
1986—Subsec. (f).
§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) shall be 50 percent.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see
§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.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see
§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.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of
§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.
(
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of
§426p. Corps of Engineers
(a) Technical and other assistance
The Secretary of the Army may—
(1) provide emergency assistance to prevent or reduce damage attributable to high water levels in the Great Lakes, including provision of sandbags, sheeting, and stones and other armoring devices (taking account of flooding and erosion of other property which may be caused by such activity) but not including construction of permanent structures;
(2) provide technical assistance to individuals and local governments with respect to measures to prevent or reduce such damage; and
(3) compile and disseminate information on—
(A) water levels of the Great Lakes,
(B) techniques for prevention or reduction of such damage, and
(C) emergency relief available to persons who suffer economic injury attributable to high water levels in the Great Lakes.
(b) Issuance of permits
(1) Consideration of flooding and erosion
In issuing a permit under—
(A)
(B)
for any activity carried out with assistance under this title, the Secretary of the Army shall take account of flooding and erosion of other property which may be caused by such activity.
(2) Bank stabilization
(A) General rule
In issuing permits under
(B) Consultation
In carrying out subparagraph (A), the Secretary of the Army shall consult affected State and local governments.
(
Editorial Notes
References in Text
This title, referred to in subsec. (b)(1), is title II of
Statutory Notes and Related Subsidiaries
Short Title
Great Lakes Damage Assistance and Prevention; Damage Assistance Program
"(a)
"(b)
"(1) preparation of plans for mitigation, warning, emergency operations, and emergency assistance;
"(2) coordination of available State and Federal assistance;
"(3) development and implementation of nonstructural measures to reduce or prevent damage attributable to high water levels in the Great Lakes, including establishment of setback requirements and other conditions on construction and reconstruction of public and private facilities, mapping of flooding zones, and technical assistance; and
"(4) assisting local governments in developing and implementing plans for nonstructural reduction and prevention of damages attributable to high water levels in the Great Lakes.
"(c)
"(d)
"(e)
Great Lakes Damage Assistance and Prevention; Definitions
"(1)
"(2)
"(3)
"(4)
§§427 to 430. Repealed. July 31, 1945, ch. 334, §5, 59 Stat. 508
Section 427, act June 26, 1936, ch. 849, §1,
Section 428, act June 26, 1936, ch. 849, §2,
Section 429, act June 26, 1936, ch. 849, §3,
Section 430, act June 26, 1936, ch. 849, §4,
SUBCHAPTER II—OIL POLLUTION OF COASTAL WATERS
§§431 to 437. Repealed. Pub. L. 91–224, title I, §108, Apr. 3, 1970, 84 Stat. 113
Section 431, act June 7, 1924, ch. 316, §1,
Section 432, act June 7, 1924, ch. 316, §2,
Section 433, act June 7, 1924, ch. 316, §3,
Section 434, act June 7, 1924, ch. 316, §4,
Section 435, act June 7, 1924, ch. 316, §5,
Section 436, act June 7, 1924, ch. 316, §6, as added
Section 437, act June 7, 1924, ch. 316, §7,
See
SUBCHAPTER III—NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF BALTIMORE
§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,
Editorial Notes
Prior Provisions
Section 1 of act June 29, 1888, superseded act Aug. 5, 1886, ch. 929, §3,
Amendments
1958—
Statutory Notes and Related Subsidiaries
Effective Date of 1958 Amendment
§442. Liability of officers of towing vessel
Any and every master and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel, who shall knowingly engage in towing any scow, boat, or vessel loaded with any such prohibited matter to any point or place of deposit, or discharge in the waters of any harbor subject to this subchapter, or to any point or place elsewhere than within the limits defined and permitted by the supervisor of the harbor, shall be deemed guilty of a violation of
(June 29, 1888, ch. 496, §2,
Editorial Notes
Amendments
1958—
Statutory Notes and Related Subsidiaries
Effective Date of 1958 Amendment
Amendment by
§443. Permit for dumping; penalty for taking or towing boat or scow without permit
In all cases of receiving on board of any scows or boats such forbidden matter or substance as described in
(June 29, 1888, ch. 496, §3,
Editorial Notes
Codification
Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted
Section 3 of act June 29, 1888, as originally enacted, provided as follows:
"In all cases of receiving on board of any scows or boats such forbidden matter or substance as herein described, it shall be the duty of the owner or master, or person acting in such capacity, on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, to apply for and obtain from the supervisor of the harbor appointed hereunder a permit defining the precise limits within which the discharge of such scows or boats may be made; and any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor within the meaning of this act; and the master and engineer, or person or persons acting in such capacity, on board of any towboat towing such scows or boats, shall be equally guilty of such offense with the master or person acting in the capacity of master of the scow, and be liable to equal punishment."
Section 3 was amended by act Aug. 18, 1894, to read as follows:
"In all cases of receiving on board of any scows or boats such forbidden matter or substance as herein described, the owner or master, or person acting in such capacity on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, shall apply for and obtain from the supervisor of the harbor appointed hereunder a permit defining the precise limits within which the discharge of such scows or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of any tug or towboat to tow or move any scow or boat so loaded with such forbidden matter until such permit shall have been obtained; and every person violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than one thousand nor less than five hundred dollars, and in addition thereto the master of any tug or towboat so offending shall have his license revoked, or suspended for a term to be fixed by the judge before whom tried and convicted. And any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor, and the owner and master, or person acting in the capacity of master, of any scows or boats dumping or discharging such forbidden matter in any place other than that specified in such permit shall be liable to punishment therefor as provided in section one of the said Act of June twenty-ninth, eighteen hundred and eighty-eight [
Section 3 was further amended by act May 28, 1908, ch. 212, §8, to read as set forth in this section and
§444. Dumping at other place than designated dumping grounds; penalty; person liable; excuses for deviation
Any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor, and the owner and master, or person acting in the capacity of master, of any scows or boats dumping or discharging such forbidden matter in any place other than that specified in such permit shall be liable to punishment therefor as provided in
(June 29, 1888, ch. 496, §3,
Editorial Notes
References in Text
This Act, referred to in text, is act Aug. 18, 1894, ch. 299,
Codification
Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted
§445. Equipment and marking of boats or scows
Every scow or boat engaged in the transportation of dredgings, earth, sand, mud, cellar dirt, garbage, or other offensive material of any description shall have its name or number and owner's name painted in letters and numbers at least fourteen inches long on both sides of the scow or boat; these names and numbers shall be kept distinctly legible at all times, and no scow or boat not so marked shall be used to transport or dump any such material. Each such scow or boat shall be equipped at all times with a life line or rope extending at least the length of and three feet above the deck thereof, such rope to be attached to the coaming thereof, also with a life preserver and a life buoy for each person on board thereof, also with anchor to weigh not less than two hundred and seventy-five pounds, and at least one hundred feet of cable attached thereto; a list of the names of all men employed on any such scow or boat shall be kept by the owner or master thereof and the said list shall be open to the inspection of all parties. Failure to comply with any of the foregoing provisions shall render the owner of such scow or boat liable upon conviction thereof to a penalty of not more than $500: Provided, That the requirements in regard to life line or rope contained in this section shall not apply to any scow or boat the deck outside the coaming or rail of which shall not exceed one foot in width: And provided further, That on any such scow or boat its name or number and owner's name painted in letters and numbers, at least fourteen inches long on both ends of such scow or boat, shall be a compliance with the provisions of this section in regard to name, number, and owner's name.
(June 29, 1888, ch. 496, §3,
Editorial Notes
Codification
Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted
Provisos are from act Feb. 16, 1909.
§446. Inspectors; appointment, powers, and duties
Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy inspectors, and for the purposes of enforcing this subchapter and the Act of August 18, 1894, entitled "An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes" (
First. To arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by this subchapter, or who may violate any of the provisions of the same: Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspectors or deputy inspectors, or either of them: And provided further, That whenever any such arrest is made the person or persons so arrested shall be brought forthwith before a magistrate judge, judge, or court of the United States for examination of the offenses alleged against him; and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States.
Second. To go on board of any scow or towboat engaged in unlawful dumping of prohibited material, or in moving the same without a permit, as required in
Third. To arrest and take into custody any witness or witnesses to such unlawful dumping of prohibited material, the said witnesses to be released under proper bonds.
Fourth. To go on board of any towboat having in tow scows or boats loaded with such prohibited material, and accompany the same to the place of dumping, whenever such action appears to be necessary to secure compliance with the requirements of this subchapter and of the Act aforesaid.
Fifth. To enter gas and oil works and all other manufacturing works for the purpose of discovering the disposition made of sludge, acid, or other injurious material, whenever there is good reason to believe that such sludge, acid, or other injurious material is allowed to run into tidal waters of the harbor in violation of
(June 29, 1888, ch. 496, §3,
Editorial Notes
References in Text
Act of August 18, 1894, referred to in provision preceding First paragraph, and Act aforesaid, referred to in Fourth paragraph, mean act Aug. 18, 1894, ch. 299,
Codification
Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted
Amendments
1958—
Statutory Notes and Related Subsidiaries
Change of Name
"Magistrate judge" substituted in text for "magistrate" pursuant to section 321 of
Effective Date of 1958 Amendment
Amendment by
§447. Bribery of inspector; penalty
Every person who, directly or indirectly, gives any sum of money or other bribe, present, or reward, or makes any offer of the same to any inspector, deputy inspector, or other employee of the office of any supervisor of a harbor with intent to influence such inspector, deputy inspector, or other employee to permit or overlook any violation of the provisions of this subchapter, shall, on conviction thereof, be fined not less than $500 nor more than $1,000, and be imprisoned not less than six months nor more than one year.
(June 29, 1888, ch. 496, §3,
Editorial Notes
Codification
Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted
Amendments
1958—
Statutory Notes and Related Subsidiaries
Effective Date of 1958 Amendment
Amendment by
§448. Return of permit; penalty for failure to return
Every permit issued in accordance with the provisions of
(June 29, 1888, ch. 496, §3,
Editorial Notes
References in Text
Codification
Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888 enacted
§449. Disposition of dredged matter; persons liable; penalty
All mud, dirt, sand, dredgings, and material of every kind and description whatever taken, dredged, or excavated from any slip, basin, or shoal in any harbor subject to this subchapter, and placed on any boat, scow, or vessel for the purpose of being taken or towed upon the waters of that harbor to a place of deposit, shall be deposited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in
(June 29, 1888, ch. 496, §4,
Editorial Notes
References in Text
Codification
Section was enacted as part of section 4 of act June 29, 1888, which enacted
Amendments
1958—
Statutory Notes and Related Subsidiaries
Effective Date of 1958 Amendment
Amendment by
§450. Liability of vessel
Any boat or vessel used or employed in violating any provision of this subchapter, shall be liable to the pecuniary penalties imposed thereby, and may be proceeded against, summarily by way of libel in any district court of the United States having jurisdiction thereof.
(June 29, 1888, ch. 496, §4,
Editorial Notes
Codification
Section was enacted as part of section 4 of act June 29, 1888, which enacted
§451. Supervisor of harbor; appointment and duties
An officer of the Corps of Engineers shall, for each harbor subject to this subchapter, be designated by the Secretary of the Army as supervisor of the harbor, to act under the direction of the Chief of Engineers in enforcing the provisions of this subchapter, and in detecting offenders against the same. Each such officer shall have personal charge and supervision under the Chief of Engineers, and shall direct the patrol boats and other means to detect and bring to punishment offenders against the provisions of this subchapter.
(June 29, 1888, ch. 496, §5,
Editorial Notes
Amendments
1958—
1952—Act July 12, 1952, transferred enforcement responsibilities of this section from a Naval officer to the Army district engineer at New York.
1949—Act June 29, 1949, struck out "shall receive the sea-pay of his grade and" after "this officer".
Statutory Notes and Related Subsidiaries
Change of Name
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,
Effective Date of 1958 Amendment
Amendment by
§451a. Harbors subject to this subchapter
The following harbors shall be subject to this subchapter:
(1) The harbor of New York.
(2) The harbor of Hampton Roads.
(3) The harbor of Baltimore.
(June 29, 1888, ch. 496, §6,
Editorial Notes
Amendments
1958—
Statutory Notes and Related Subsidiaries
Effective Date of 1958 Amendment
Amendment by
§451b. Waters included within subchapter
For the purposes of this subchapter—
(1) The term "harbor of New York" means the tidal waters of the harbor of New York, its adjacent and tributary waters, and those of Long Island Sound.
(2) The term "harbor of Hampton Roads" means the tidal waters of the harbors of Norfolk, Portsmouth, Newport News, Hampton Roads, and their adjacent and tributary waters, so much of the Chesapeake Bay and its tributaries as lies within the State of Virginia, and so much of the Atlantic Ocean and its tributaries as lies within the jurisdiction of the United States within or to the east of the State of Virginia.
(3) The term "harbor of Baltimore" means the tidal waters of the harbor of Baltimore and its adjacent and tributary waters, and so much of Chesapeake Bay and its tributaries as lies within the State of Maryland.
(June 29, 1888, ch. 496, §7, as added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on sixtieth day after Aug. 28, 1958, see section 2 of
§452. Taking shellfish or otherwise interfering with navigation in New York Harbor channels; penalty; arrest and procedure
It shall be unlawful for any person or persons to engage in fishing or dredging for shellfish in any of the channels leading to and from the harbor of New York, or to interfere in any way with the safe navigation of those channels by ocean steamships and ships of deep draft.
Any person or persons violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine or imprisonment, or both, such fine to be not more than $250 nor less than $50, and the imprisonment to be not more than six months nor less than thirty days, either or both united, as the judge before whom conviction is obtained shall decide.
It shall be the duty of the United States supervisor of the harbor to enforce this section, and the deputy inspectors of the said supervisor shall have authority to arrest and take into custody, with or without process, any person or persons, who may commit any of the acts or offenses prohibited by this section: Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspector or deputy inspectors, or either of them: And provided further, That whenever any such arrest is made the person or persons so arrested shall be brought forthwith before a magistrate judge, judge, or court of the United States for examination of the offenses alleged against him; and such magistrate judge, judge or court shall proceed in respect thereto as authorized by law in case of crimes against the United States.
(Aug. 18, 1894, ch. 299, §2,
Editorial Notes
Codification
Section was not enacted as part of act June 29, 1888, ch. 496,
Statutory Notes and Related Subsidiaries
Change of Name
"Magistrate judge" substituted in text for "magistrate" pursuant to section 321 of
§453. Regulations for navigation of Ambrose Channel; exclusion of tows and sailing vessels
The Secretary of the Army is authorized to make such rules and regulations for the navigation of Ambrose Channel as he may deem necessary or expedient to insure its safe use in all kinds of weather, night and day, for all vessels under control and running under their own power, and to this end he may, in his discretion, forbid its use to tows of every description and to sailing vessels.
(Mar. 4, 1913, ch. 144, §1,
Editorial Notes
Codification
Section was not enacted as part of act June 29, 1888, ch. 496,
Statutory Notes and Related Subsidiaries
Change of Name
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,
§454. Consent of Congress to obstruction of waters by New York City
The consent of Congress is given to the city of New York, in the State of New York, to obstruct navigation of any river or other waterway which does not form a connecting link between other navigable waters of the United States, and lying wholly within the limits of said city, by closing all or any portion of the same or by building structures in or over the same when the said city shall be lawfully authorized to do so by the State of New York: Provided, however, That any such obstruction shall be unlawful unless the location and plans for the proposed work or works before the commencement thereof shall have been filed with and approved by the Secretary of the Army and Chief of Engineers; and when the plans for any such obstruction have been approved by the Chief of Engineers and by the Secretary of the Army it shall not be lawful to deviate from such plans either before or after the completion of such obstruction, unless the modification of such plans has previously been submitted to and received the approval of the Chief of Engineers and the Secretary of the Army: And provided further, That the city of New York shall be liable for any damage that may be inflicted upon private property by reason of any of the provisions of this section.
The right to alter, amend, or repeal this section is expressly reserved, and the United States shall incur no liability for the alteration, amendment, or repeal thereof to the city of New York, or to the owner or owners, or any other persons interested in any obstruction which shall have been constructed under its provisions.
(June 25, 1910, ch. 436, §§1, 2,
Editorial Notes
Codification
Section was not enacted as part of act June 29, 1888, ch. 496,
Statutory Notes and Related Subsidiaries
Change of Name
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,
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under
SUBCHAPTER IV—POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF COLUMBIA
§§461 to 464. Repealed. Mar. 3, 1901, ch. 854, §1636, 31 Stat. 1434
Section 461, act May 19, 1896, ch. 208, §1,
Section 462, act May 19, 1896, ch. 208, §2,
Section 463, act May 19, 1896, ch. 208, §3,
Section 464, act May 19, 1896, ch. 208, §4,
SUBCHAPTER V—NAVIGABLE WATERS OF MARYLAND
§465. Authority to dredge; riparian rights of United States
Subject to the provisions of
(July 3, 1930, ch. 847, §12,
SUBCHAPTER VI—WATER POLLUTION CONTROL
§§466 to 466g. Transferred
Editorial Notes
Codification
Section 466, acts June 30, 1948, ch. 758, §1,
Section 466–1, act June 30, 1948, ch. 758, §2, as added Oct. 2, 1965,
Section 466a, acts June 30, 1948, ch. 758, §3, formerly §2,
Section 466b, acts June 30, 1948, ch. 758, §4, formerly §3,
Section 466c, acts June 30, 1948, ch. 758, §5, formerly §4,
Section 466c–1, act June 30, 1948, ch. 758, §6, as added Oct. 2, 1965,
Section 466d, acts June 30, 1948, ch. 758, §7, formerly §5,
Section 466e, acts June 30, 1948, ch. 758, §8, formerly §6,
Section 466f, acts June 30, 1948, ch. 758, §9, formerly §7,
Section 466g, acts June 30, 1948, ch. 758, §10, formerly §8,
§466g–1. Controversies involving construction or application of interstate compacts and pollution of waters
(a) Jurisdiction of actions by States
The United States district courts shall have original jurisdiction (concurrent with that of the Supreme Court of the United States, and concurrent with that of any other court of the United States or of any State of the United States in matters in which the Supreme Court, or any other court, has original jurisdiction) of any case or controversy—
(1) which involves the construction or application of an interstate compact which (A) in whole or in part relates to the pollution of the waters of an interstate river system or any portion thereof, and (B) expresses the consent of the States signatory to said compact to be sued in a district court in any case or controversy involving the application or construction thereof; and
(2) which involves pollution of the waters of such river system, or any portion thereof, alleged to be in violation of the provisions of said compact; and
(3) in which one or more of the States signatory to said compact is a plaintiff or plaintiffs; and
(4) which is within the judicial power of the United States as set forth in the Constitution of the United States.
(b) Amount in controversy; residence, situs or citizenship; nature, character, or legal status of parties
The district courts shall have original jurisdiction of a case or controversy such as is referred to in subsection (a) of this section, without any requirement, limitation, or regard as to the sum or value of the matter in controversy, or of the place of residence or situs or citizenship, or of the nature, character, or legal status, of any of the proper parties plaintiff or defendant in said case or controversy other than the signatory State or States plaintiff or plaintiffs referred to in paragraph (3) of subsection (a) of this section: Provided, That nothing in this section shall be construed as authorizing a State to sue its own citizens in said courts.
(c) Suits between States signatory to interstate compact
The original jurisdiction conferred upon the district courts by this section shall include, but not be limited to, suits between States signatory to such interstate compact: Provided, That nothing in this section shall be construed as authorizing a State to sue another State which is not a signatory to such compact in said courts.
(d) Venue
The venue of such case or controversy shall be as prescribed by law: Provided, That in addition thereto, such case or controversy may be brought in in any judicial district in which the acts of pollution complained of, or any portion thereof, occur, regardless of the place or places of residence, or situs, of any of the parties plaintiff or defendant.
(
Statutory Notes and Related Subsidiaries
Separability
§§466h to 466l. Transferred
Editorial Notes
Codification
Section 466h, acts June 30, 1948, ch. 758, §21, formerly §9,
Section 466i, acts June 30, 1948, ch. 758, §22, formerly §10,
Section 466j, acts June 30, 1948, ch. 758, §23, formerly §11,
Section 466k, act June 30, 1948, ch. 758, §24, formerly §12, as added July 9, 1956, ch. 518, §1,
Section 466l, act June 30, 1948, ch. 758, §26, formerly §16, as added Nov. 3, 1966,
§§466m, 466n. Repealed. Pub. L. 91–224, title I, §102, Apr. 3, 1970, 84 Stat. 91
Section 466m, act June 30, 1948, ch. 758, §17, as added Nov. 3, 1966,
Section 466n, act June 30, 1948, ch. 758, §18, as added Nov. 3, 1966,
SUBCHAPTER VII—DAM INSPECTION PROGRAM
§467. Definitions
In this subchapter, the following definitions apply:
(1) Administrator
The term "Administrator" means the Administrator of the Federal Emergency Management Agency.
(2) Board
The term "Board" means a National Dam Safety Review Board established under
(3) Dam
The term "dam"—
(A) means any artificial barrier that has the ability to impound water, wastewater, or any liquid-borne material, for the purpose of storage or control of water, that—
(i) is 25 feet or more in height from—
(I) the natural bed of the stream channel or watercourse measured at the downstream toe of the barrier; or
(II) if the barrier is not across a stream channel or watercourse, from the lowest elevation of the outside limit of the barrier;
to the maximum water storage elevation; or
(ii) has an impounding capacity for maximum storage elevation of 50 acre-feet or more; but
(B) does not include—
(i) a levee; or
(ii) a barrier described in subparagraph (A) that—
(I) is 6 feet or less in height regardless of storage capacity; or
(II) has a storage capacity at the maximum water storage elevation that is 15 acre-feet or less regardless of height;
unless the barrier, because of the location of the barrier or another physical characteristic of the barrier, is likely to pose a significant threat to human life or property if the barrier fails (as determined by the Administrator).
(4) Eligible high hazard potential dam
(A) In general
The term "eligible high hazard potential dam" means a non-Federal dam that—
(i) is located in a State with a State dam safety program;
(ii) is classified as "high hazard potential" by the State dam safety agency in the State in which the dam is located;
(iii) has an emergency action plan that—
(I) is approved by the relevant State dam safety agency; or
(II) is in conformance with State law and pending approval by the relevant State dam safety agency;
(iv) fails to meet minimum dam safety standards of the State in which the dam is located, as determined by the State; and
(v) poses an unacceptable risk to the public, as determined by the Administrator, in consultation with the Board.
(B) Exclusion
The term "eligible high hazard potential dam" does not include—
(i) a licensed hydroelectric dam under a hydropower project with an authorized installed capacity of greater than 1.5 megawatts; or
(ii) a dam built under the authority of the Secretary of Agriculture.
(5) Federal agency
The term "Federal agency" means a Federal agency that designs, finances, constructs, owns, operates, maintains, or regulates the construction, operation, or maintenance of a dam.
(6) Federal Guidelines for Dam Safety
The term "Federal Guidelines for Dam Safety" means the FEMA publication, numbered 93 and dated June 1979, that defines management practices for dam safety at all Federal agencies.
(7) FEMA
The term "FEMA" means the Federal Emergency Management Agency.
(8) Hazard reduction
The term "hazard reduction" means the reduction in the potential consequences to life and property of dam failure.
(9) ICODS
The term "ICODS" means the Interagency Committee on Dam Safety established by
(10) Eligible subrecipient
The term "eligible subrecipient", in the case of a project receiving assistance under
(A) a governmental organization; and
(B) a nonprofit organization.
(11) Program
The term "Program" means the national dam safety program established under
(12) Rehabilitation
The term "rehabilitation" means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards.
(13) State
The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.
(14) State dam safety agency
The term "State dam safety agency" means a State agency that has regulatory authority over the safety of non-Federal dams.
(15) State dam safety program
The term "State dam safety program" means a State dam safety program approved and assisted under
(16) United States
The term "United States", when used in a geographical sense, means all of the States.
(
Editorial Notes
Prior Provisions
A prior section 467,
A prior section 2 of
Amendments
2020—Par. (4)(A)(iii).
Par. (4)(A)(iv), (v).
"(I) fails to meet minimum dam safety standards of the State; and
"(II) poses an unacceptable risk to the public."
Par. (4)(B)(i).
Par. (10).
2016—Par. (4).
Pars. (5) to (9).
Par. (10).
Par. (11).
Par. (12).
Pars. (13) to (16).
2014—
Par. (1).
Par. (2).
Par. (3).
2002—Par. (1).
Par. (12).
Statutory Notes and Related Subsidiaries
Short Title of 2006 Amendment
Short Title of 2002 Amendment
Short Title of 1986 Amendment
Short Title
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Administrator of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
Congressional Statement of Purpose; National Dam Safety Program
Effect on Other Dam Safety Programs
§467a. Inspection of dams
(a) In general
As soon as practicable, the Secretary of the Army, acting through the Chief of Engineers, shall carry out a national program of inspection of dams for the purpose of protecting human life and property. All dams in the United States shall be inspected by the Secretary except (1) dams under the jurisdiction of the Bureau of Reclamation, the Tennessee Valley Authority, or the International Boundary and Water Commission, (2) dams which have been constructed pursuant to licenses issued under the authority of the Federal Power Act [
(b) State participation
On request of a State dam safety agency, with respect to any dam the failure of which would affect the State, the head of a Federal agency shall—
(1) provide information to the State dam safety agency on the construction, operation, maintenance, condition, or provisions for emergency operations of the dam; or
(2) allow any official of the State dam safety agency to participate in the Federal inspection of the dam.
(
Editorial Notes
References in Text
The Federal Power Act, referred to in subsec. (a), is act June 10, 1920, ch. 285,
Prior Provisions
A prior section 3 of
Amendments
2014—Subsec. (b)(1).
1996—
Statutory Notes and Related Subsidiaries
Transfer of Functions
"Federal Energy Regulatory Commission" substituted in text for "Federal Power Commission" on authority of
§467b. Investigation reports to Governors
As soon as practicable after inspection of a dam, the Secretary shall notify the Governor of the State in which such dam is located the results of such investigation. In any case in which any hazardous conditions are found during an inspection, upon request by the owner, the Secretary, acting through the Chief of Engineers, may perform detailed engineering studies to determine the structural integrity of the dam, subject to reimbursement of such expense by the owner of such dam. The Secretary shall immediately notify the Governor of any hazardous conditions found during an inspection. The Secretary shall provide advice to the Governor, upon request, relating to timely remedial measures necessary to mitigate or obviate any hazardous conditions found during an inspection.
(
Editorial Notes
Prior Provisions
A prior section 4 of
Amendments
1996—
1986—
§467c. Determination of danger to human life and property
For the purpose of determining whether a dam (including the waters impounded by such dam) constitutes a danger to human life or property, the Secretary shall take into consideration the possibility that the dam might be endangered by overtopping, seepage, settlement, erosion, sediment, cracking, earth movement, earthquakes, failure of bulkheads, flashboard, gates on conduits, or other conditions which exist or which might occur in any area in the vicinity of the dam.
(
Editorial Notes
Prior Provisions
A prior section 5 of
Amendments
1996—
§467d. National dam inventory
The Secretary of the Army shall maintain and update information on the inventory of dams in the United States. Such inventory of dams shall include any available information assessing each dam based on inspections completed by either a Federal agency or a State dam safety agency.
(
Editorial Notes
Prior Provisions
A prior section 467d,
A prior section 6 of
Amendments
2006—
§467e. Interagency Committee on Dam Safety
(a) Establishment
There is established an Interagency Committee on Dam Safety—
(1) comprised of a representative of each of the Department of Agriculture, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of Labor, FEMA, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the Tennessee Valley Authority, and the United States Section of the International Boundary Commission; and
(2) chaired by the Administrator.
(b) Duties
ICODS shall encourage the establishment and maintenance of effective Federal programs, policies, and guidelines intended to enhance dam safety for the protection of human life and property through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.
(
Editorial Notes
Prior Provisions
A prior section 467e,
A prior section 7 of
Amendments
2014—Subsec. (a)(2).
2002—Subsec. (b).
"(1) coordination and information exchange among Federal agencies and State dam safety agencies; and
"(2) coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety."
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Administrator of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
§467f. National dam safety program
(a) In general
The Administrator, in consultation with ICODS and State dam safety agencies, and the Board shall establish and maintain, in accordance with this section, a coordinated national dam safety program. The Program shall—
(1) be administered by FEMA to achieve the objectives set forth in subsection (c);
(2) involve, to the extent appropriate, each Federal agency; and
(3) include—
(A) each of the components described in subsection (d);
(B) the strategic plan described in subsection (b); and
(C) assistance for State dam safety programs described in subsection (e).
(b) Duties
The Administrator shall prepare a strategic plan—
(1) to establish goals, priorities, performance measures, and target dates toward effectively administering this subchapter in order to improve the safety of dams in the United States; and
(2) to the extent feasible, to establish cooperation and coordination with, and assistance to, interested governmental entities in all States.
(c) Objectives
The objectives of the Program are to—
(1) ensure that new and existing dams are safe through the development of technologically and economically feasible programs and procedures for national dam safety hazard reduction;
(2) encourage acceptable engineering policies and procedures to be used for dam site investigation, design, construction, operation and maintenance, and emergency preparedness;
(3) encourage the establishment and implementation of effective dam safety programs in each State based on State standards;
(4) develop and implement a comprehensive dam safety hazard education and public awareness initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents;
(5) develop technical assistance materials for Federal and non-Federal dam safety programs;
(6) develop mechanisms with which to provide Federal technical assistance for dam safety to the non-Federal sector; and
(7) develop technical assistance materials, seminars, and guidelines to improve security for dams in the United States.
(d) Components
(1) In general
The Program shall consist of—
(A) a Federal element and a non-Federal element; and
(B) leadership activity, technical assistance activity, and public awareness activity.
(2) Elements
(A) Federal
The Federal element shall incorporate the activities and practices carried out by Federal agencies under
(B) Non-Federal
The non-Federal element shall consist of—
(i) the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain dams; and
(ii) Federal activities that foster State efforts to develop and implement effective programs for the safety of dams.
(3) Functional activities
(A) Leadership
The leadership activity shall be the responsibility of FEMA and shall be exercised by chairing the Board to coordinate national efforts to improve the safety of the dams in the United States.
(B) Technical assistance
The technical assistance activity shall consist of the transfer of knowledge and technical information among the Federal and non-Federal elements described in paragraph (2).
(C) Public awareness
The public awareness activity shall provide for the education of the public, including State and local officials, in the hazards of dam failure, methods of reducing the adverse consequences of dam failure, and related matters.
(e) Assistance for State dam safety programs
(1) In general
To encourage the establishment and maintenance of effective State programs intended to ensure dam safety, to protect human life and property, and to improve State dam safety programs, the Administrator shall provide assistance with amounts made available under section 467j 1 of this title to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (2).
(2) Criteria and budgeting requirement
For a State to be eligible for assistance under this subsection, a State dam safety program must be working toward meeting the following criteria and budgeting requirement:
(A) Criteria
A State dam safety program must be authorized by State legislation to include, at a minimum—
(i) the authority to review and approve plans and specifications to construct, enlarge, modify, remove, and abandon dams;
(ii) the authority to perform periodic inspections during dam construction to ensure compliance with approved plans and specifications;
(iii) a requirement that, on completion of dam construction, State approval must be given before operation of the dam;
(iv) the authority to require or perform periodic evaluations of all dams and reservoirs to determine the extent of the threat to human life and property in case of failure;
(v)(I) the authority to require or perform the inspection, at least once every 5 years, of all dams and reservoirs that would pose a significant threat to human life and property in case of failure to determine the continued safety of the dams and reservoirs; and
(II) a procedure for more detailed and frequent safety inspections;
(vi) a requirement that all inspections be performed under the supervision of a State-registered professional engineer with related experience in dam design and construction;
(vii) the authority to issue notices, when appropriate, to require owners of dams to perform necessary maintenance or remedial work, install and monitor instrumentation, improve security, revise operating procedures, or take other actions, including breaching dams when necessary;
(viii) regulations for carrying out the legislation of the State described in this subparagraph;
(ix) provision for necessary funds—
(I) to ensure timely repairs or other changes to, or removal of, a dam in order to protect human life and property; and
(II) if the owner of the dam does not take action described in subclause (I), to take appropriate action as expeditiously as practicable;
(x) a system of emergency procedures to be used if a dam fails or if the failure of a dam is imminent; and
(xi) an identification of—
(I) each dam the failure of which could be reasonably expected to endanger human life;
(II) the maximum area that could be flooded if the dam failed; and
(III) necessary public facilities that would be affected by the flooding.
(B) Budgeting requirement
For a State to be eligible for assistance under this subsection, State appropriations must be budgeted to carry out the legislation of the State under subparagraph (A).
(3) Work plans
The Administrator shall enter into a 2 agreement with each State receiving assistance under paragraph (2) to develop a work plan necessary for the State dam safety program to reach a level of program performance specified in the agreement.
(4) Maintenance of effort
Assistance may not be provided to a State under this subsection for a fiscal year unless the State enters into such agreement with the Administrator as the Administrator requires to ensure that the State will maintain the aggregate expenditures of the State from all other sources for programs to ensure dam safety for the protection of human life and property at or above a level equal to the average annual level of such expenditures for the 2 fiscal years preceding the fiscal year.
(5) Approval of programs
(A) Submission
For a State to be eligible for assistance under this subsection, a plan for a State dam safety program shall be submitted to the Administrator for approval.
(B) Approval
A State dam safety program shall be deemed to be approved 120 days after the date of receipt by the Administrator unless the Administrator determines within the 120-day period that the State dam safety program fails to meet the requirements of paragraphs (1) through (3).
(C) Notification of disapproval
If the Administrator determines that a State dam safety program does not meet the requirements for approval, the Administrator shall immediately notify the State in writing and provide the reasons for the determination and the changes that are necessary for the plan to be approved.
(6) Review of State dam safety programs
Using the expertise of the Board, the Administrator shall periodically review State dam safety programs. If the Board finds that a State dam safety program has proven inadequate to reasonably protect human life and property and the Administrator concurs, the Administrator shall revoke approval of the State dam safety program, and withhold assistance under this subsection, until the State dam safety program again meets the requirements for approval.
(f) Board
(1) Establishment
The Administrator shall establish an advisory board to be known as the "National Dam Safety Review Board" to monitor the safety of dams in the United States, to monitor State implementation of this section, and to advise the Administrator on national dam safety policy.
(2) Authority
The Board may use the expertise of Federal agencies and enter into contracts for necessary studies to carry out this section.
(3) Voting membership
The Board shall consist of 11 voting members selected by the Administrator for expertise in dam safety, of whom—
(A) 1 member shall represent the Department of Agriculture;
(B) 1 member shall represent the Department of Defense;
(C) 1 member shall represent the Department of the Interior;
(D) 1 member shall represent FEMA;
(E) 1 member shall represent the Federal Energy Regulatory Commission;
(F) 5 members shall be selected by the Administrator from among State dam safety officials; and
(G) 1 member shall be selected by the Administrator to represent the private sector.
(4) Nonvoting membership
The Administrator, in consultation with the Board, may invite a representative of the National Laboratories of the Department of Energy and may invite representatives from Federal or State agencies, representatives from nongovernmental organizations, or dam safety experts, as needed, to participate in meetings of the Board.
(5) Duties
(A) In general
The Board shall encourage the establishment and maintenance of effective programs, policies, and guidelines to enhance dam safety for the protection of human life and property throughout the United States.
(B) Coordination and information exchange among agencies
In carrying out subparagraph (A), the Board shall encourage coordination and information exchange among Federal and State dam safety agencies that share common problems and responsibilities for dam safety, including planning, design, construction, operation, emergency action planning, inspections, maintenance, regulation or licensing, technical or financial assistance, research, and data management.
(6) Work groups
The Administrator may establish work groups under the Board to assist the Board in accomplishing its goals. The work groups shall consist of members of the Board and other individuals selected by the Administrator.
(7) Compensation of members
(A) Federal employees
Each member of the Board who is an officer or employee of the United States shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States.
(B) Other members
Each member of the Board who is not an officer or employee of the United States shall serve without compensation.
(8) Travel expenses
(A) Representatives of Federal agencies
To the extent amounts are made available in advance in appropriations Acts, each member of the Board who represents a Federal agency shall be reimbursed of appropriations for travel expenses by his or her agency, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of
(B) Other individuals
To the extent amounts are made available in advance in appropriations Acts, each member of the Board who represents a State agency, the member of the Board who represents the private sector, and each member of a work group created under paragraph (1) shall be reimbursed for travel expenses by FEMA, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of
(9) Applicability of chapter 10 of title 5
(
Editorial Notes
References in Text
Prior Provisions
A prior section 467f,
A prior section 8 of
Amendments
2022—Subsec. (f)(9).
2014—
Subsec. (c)(4).
Subsec. (f)(4).
2006—Subsec. (b)(1).
Subsec. (e)(2)(A).
Subsec. (e)(2)(A)(iv) to (vi).
Subsec. (e)(2)(A)(vii).
Subsec. (e)(2)(A)(viii) to (xi).
2002—Subsec. (a)(3)(B).
Subsec. (a)(3)(C).
Subsec. (b).
"(1) not later than 270 days after October 12, 1996, develop the implementation plan described in subsection (e) of this section;
"(2) not later than 300 days after October 12, 1996, submit to the appropriate authorizing committees of Congress the implementation plan described in subsection (e) of this section; and
"(3) by regulation, not later than 360 days after October 12, 1996—
"(A) develop and implement the Program;
"(B) establish goals, priorities, and target dates for implementation of the Program; and
"(C) to the extent feasible, provide a method for cooperation and coordination with, and assistance to, interested governmental entities in all States."
Subsec. (c)(7).
Subsec. (d)(3)(A).
Subsec. (e).
"(1) develop an implementation plan for the Program that shall set, through fiscal year 2002, year-by-year targets that demonstrate improvements in dam safety; and
"(2) recommend appropriate roles for Federal agencies and for State and local units of government, individuals, and private organizations in carrying out the implementation plan."
Subsec. (e)(1).
"(A) in accordance with the criteria specified in paragraph (2); and
"(B) in accordance with more advanced requirements and standards established by the Board and the Director with the assistance of established criteria such as the Model State Dam Safety Program published by FEMA, numbered 123 and dated April 1987, and amendments to the Model State Dam Safety Program."
Subsec. (e)(2).
Subsec. (e)(2)(A).
Subsec. (e)(2)(A)(vi).
Subsec. (e)(3).
Subsec. (f).
Subsec. (f)(1).
Subsec. (f)(3).
Subsec. (f)(3)(F), (G).
"(F) 5 members shall be selected by the Director from among dam safety officials of States; and
"(G) 1 member shall be selected by the Director to represent the United States Committee on Large Dams."
Subsec. (f)(4) to (6).
Subsec. (f)(7).
Subsec. (f)(8).
Subsec. (f)(9).
Subsec. (g).
Subsec. (h).
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Administrator of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
1 See References in Text note below.
2 So in original. Probably should be "an".
§467f–1. Lock and dam security
(a) Standards
The Secretary, in consultation with the Federal Emergency Management Agency, the Tennessee Valley Authority, and the Coast Guard, shall develop standards for the security of locks and dams, including the testing and certification of vessel exclusion barriers.
(b) Site surveys
At the request of a lock or dam owner, the Secretary shall provide technical assistance, on a reimbursable basis, to improve lock or dam security.
(c) Cooperative agreement
The Secretary may enter into a cooperative agreement with a nonprofit alliance of public and private organizations that has the mission of promoting safe waterways and seaports to carry out testing and certification activities, and to perform site surveys, under this section.
(d) Authorization of appropriations
There is authorized to be appropriated $3,000,000 to carry out this section.
(
Editorial Notes
Codification
Section was enacted as part of the Water Resources Development Act of 2007, and not as part of the National Dam Safety Program Act which comprises this subchapter.
Statutory Notes and Related Subsidiaries
"Secretary" Defined
Secretary means the Secretary of the Army, see section 2 of
§467f–2. Rehabilitation of high hazard potential dams
(a) Establishment of program
The Administrator shall establish, within FEMA, a program to provide technical, planning, design, and construction assistance in the form of grants to States with dam safety programs for rehabilitation of eligible high hazard potential dams.
(b) Eligible activities
A grant awarded under this section to a State may be used by the State to award grants to eligible subrecipients for—
(1) repair;
(2) removal; or
(3) any other structural or nonstructural measures to rehabilitate an eligible high hazard potential dam.
(c) Award of grants
(1) Application
(A) In general
A State interested in receiving a grant under this section may submit to the Administrator an application for the grant.
(B) Requirements
An application submitted to the Administrator under this section shall be submitted at such time, be in such form, and contain such information as the Administrator may prescribe by regulation.
(2) Grant
(A) In general
The Administrator may make a grant in accordance with this section for rehabilitation of eligible high hazard potential dams to a State that submits an application for the grant in accordance with the regulations prescribed by the Administrator.
(B) Grant agreement
The Administrator shall enter into a grant agreement with the State to establish the terms of the grant and the projects for which the grant is awarded, including the amount of the grant.
(C) Grant assurance
As part of a grant agreement under subparagraph (B), the Administrator shall require that each eligible subrecipient to which the State awards a grant under this section provides an assurance, with respect to the dam to be rehabilitated by the eligible subrecipient, that the dam owner will carry out a plan for maintenance of the dam during the expected life of the dam.
(D) Limitation
A State may not award a grant to an eligible subrecipient under this section that exceeds, for any 1 dam, the lesser of—
(i) 12.5 percent of the total amount of funds made available to carry out this section; or
(ii) $7,500,000.
(d) Requirements
(1) Approval
A grant awarded under this section to an eligible subrecipient for a project shall be approved by the relevant State dam safety agency.
(2) Eligible subrecipient requirements
To receive a grant under this section, an eligible subrecipient shall, with respect to the dam to be rehabilitated by the eligible subrecipient—
(A) demonstrate that the community in which the dam is located participates in, and complies with, all applicable Federal flood insurance programs, including demonstrating that such community is participating in the National Flood Insurance Program, and is not on probation, suspended, or withdrawn from such Program;
(B) beginning not later than 2 years after the date on which the Administrator publishes criteria for hazard mitigation plans under paragraph (3), demonstrate that the Tribal or local government with jurisdiction over the area in which the dam is located has in place a hazard mitigation plan that—
(i) includes all dam risks; and
(ii) complies with the Disaster Mitigation Act of 2000 (
(C) commit to provide operation and maintenance of the project for the expected life of the dam following completion of rehabilitation;
(D) comply with such minimum eligibility requirements as the Administrator may establish to ensure that each owner and operator of a dam under a participating State dam safety program and that receives assistance under this section—
(i) acts in accordance with the State dam safety program; and
(ii) carries out activities relating to the public in the area around the dam in accordance with the hazard mitigation plan described in subparagraph (B); and
(E) comply with
(3) Hazard mitigation plan criteria
Not later than 1 year after December 27, 2020, the Administrator, in consultation with the Board, shall publish criteria for hazard mitigation plans required under paragraph (2)(B).
(e) Floodplain management plans
(1) In general
As a condition of receipt of assistance under this section, an eligible subrecipient shall demonstrate that a floodplain management plan to reduce the impacts of future flood events in the area protected by the project—
(A) is in place; or
(B) will be—
(i) developed not later than 2 years after the date of execution of a project agreement for assistance under this section; and
(ii) implemented not later than 2 years after the date of completion of construction of the project.
(2) Inclusions
A plan under paragraph (1) shall address—
(A) potential measures, practices, and policies to reduce loss of life, injuries, damage to property and facilities, public expenditures, and other adverse impacts of flooding in the area protected by the project;
(B) plans for flood fighting and evacuation; and
(C) public education and awareness of flood risks.
(3) Plan criteria and technical support
The Administrator, in consultation with the Board, shall provide criteria, and may provide technical support, for the development and implementation of floodplain management plans prepared under this subsection.
(f) Priority system
The Administrator, in consultation with the Board, shall develop a risk-based priority system for use in identifying eligible high hazard potential dams for which grants may be made under this section.
(g) Funding
(1) Cost sharing
(A) In general
Any assistance provided under this section for a project shall be subject to a non-Federal cost-sharing requirement of not less than 35 percent.
(B) In-kind contributions
The non-Federal share under subparagraph (A) may be provided in the form of in-kind contributions.
(2) Allocation of funds
The total amount of funds made available to carry out this section for each fiscal year shall be distributed as follows:
(A) Equal distribution
1/3 shall be distributed equally among the States in which the projects for which applications are submitted under subsection (c)(1) are located.
(B) Need-based
2/3 shall be distributed among the States in which the projects for which applications are submitted under subsection (c)(1) are located based on the proportion that—
(i) the number of eligible high hazard potential dams in the State; bears to
(ii) the number of eligible high hazard potential dams in all such States.
(h) Use of funds
None of the funds provided in the form of a grant or otherwise made available under this section shall be used—
(1) to rehabilitate a Federal dam;
(2) to perform routine operation or maintenance of a dam;
(3) to modify a dam to produce hydroelectric power;
(4) to increase water supply storage capacity; or
(5) to make any other modification to a dam that does not also improve the safety of the dam.
(i) Contractual requirements
(1) In general
Subject to paragraph (2), as a condition on the receipt of a grant under this section of an amount greater than $1,000,000, an eligible subrecipient that receives the grant shall require that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services entered into using funds from the grant be awarded in the same manner as a contract for architectural and engineering services is awarded under—
(A)
(B) an equivalent qualifications-based requirement prescribed by the relevant State.
(2) No proprietary interest
A contract awarded in accordance with paragraph (1) shall not be considered to confer a proprietary interest upon the United States.
(j) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $10,000,000 for fiscal years 2017 and 2018;
(2) $25,000,000 for fiscal year 2019;
(3) $40,000,000 for fiscal year 2020; and
(4) $60,000,000 for each of fiscal years 2021 through 2026.
(
Editorial Notes
References in Text
The Disaster Mitigation Act of 2000, referred to in subsec. (d)(2)(B)(ii), is
Amendments
2020—Subsec. (a).
Subsec. (b).
Subsec. (c)(1)(A).
Subsec. (c)(2)(A).
Subsec. (c)(2)(B).
Subsec. (c)(2)(C).
Subsec. (c)(2)(D).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(2)(A).
Subsec. (d)(2)(B).
Subsec. (d)(2)(C).
Subsec. (d)(3).
Subsec. (e)(1).
Subsec. (e)(1)(B).
Subsec. (e)(3).
Subsec. (i)(1).
Statutory Notes and Related Subsidiaries
Rulemaking
"(1)
"(2)
Rehabilitation of Corps of Engineers Constructed Dams
"(a)
"(b)
"(1) that has been constructed, in whole or in part, by the Corps of Engineers for flood control purposes;
"(2) for which construction was completed before 1940;
"(3) that is classified as 'high hazard potential' by the State dam safety agency of the State in which the dam is located; and
"(4) that is operated by a non-Federal entity.
"(c)
"(d)
"(1) to pay the non-Federal share of the costs of construction under subsection (c); and
"(2) to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary.
"(e)
"(f)
"(g)
§467g. Research
(a) In general
The Administrator, in cooperation with the Board, shall carry out a program of technical and archival research to develop and support—
(1) improved techniques, historical experience, and equipment for rapid and effective dam construction, rehabilitation, and inspection;
(2) devices for the continued monitoring of the safety of dams;
(3) development and maintenance of information resources systems needed to support managing the safety of dams; and
(4) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management.
(b) Consultation
The Administrator shall provide for State participation in research under subsection (a) and periodically advise all States and Congress of the results of the research.
(
Editorial Notes
Prior Provisions
A prior section 467g,
A prior section 9 of
Amendments
2014—
2002—Subsec. (a).
Subsec. (a)(3), (4).
§467g–1. Dam safety training
At the request of any State that has or intends to develop a State dam safety program, the Administrator shall provide training for State dam safety staff and inspectors.
(
Editorial Notes
Prior Provisions
A prior section 10 of
Another prior section 10 of
Amendments
2014—
§467g–2. Public awareness and outreach for dam safety
The Administrator, in consultation with other Federal agencies, State and local governments, dam owners, the emergency management community, the private sector, nongovernmental organizations and associations, institutions of higher education, and any other appropriate entities shall, subject to the availability of appropriations, carry out a nationwide public awareness and outreach initiative to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents.
(
Editorial Notes
Prior Provisions
A prior section 11 of
Another prior section 11 of
§467h. Reports
Not later than 90 days after the end of each odd-numbered fiscal year, the Administrator shall submit a report to Congress that—
(1) describes the status of the Program;
(2) describes the progress achieved by Federal agencies during the 2 preceding fiscal years in implementing the Federal Guidelines for Dam Safety;
(3) describes the progress achieved in dam safety by States participating in the Program; and
(4) includes any recommendations for legislative and other action that the Administrator considers necessary.
(
Editorial Notes
Prior Provisions
A prior section 467h,
A prior section 12 of
Another prior section 12 of
Amendments
2014—
2002—
§467i. Statutory construction
Nothing in this subchapter and no action or failure to act under this subchapter shall—
(1) create any liability in the United States or its officers or employees for the recovery of damages caused by such action or failure to act;
(2) relieve an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam; or
(3) preempt any other Federal or State law.
(
Editorial Notes
Prior Provisions
A prior section 467i,
A prior section 13 of
Another prior section 13 of
§467j. Authorization of appropriations
(a) National dam safety program
(1) Annual amounts
There are authorized to be appropriated to FEMA to carry out
(2) Allocation
(A) In general
Subject to subparagraphs (B) and (C), for each fiscal year, amounts made available under this subsection to carry out
(i) One-third among States that qualify for assistance under
(ii) Two-thirds among States that qualify for assistance under
(I) the number of dams in the State that are listed as State-regulated dams on the inventory of dams maintained under
(II) the number of dams in all States that are listed as State-regulated dams on the inventory of dams maintained under
(B) Maximum amount of allocation
(i) In general
The amount of funds allocated to a State under this paragraph may not exceed 50 percent of the reasonable cost of implementing the State dam safety program.
(ii) Fiscal year 2015 and subsequent fiscal years
For fiscal year 2015 and each subsequent fiscal year, the amount of funds allocated to a State under this paragraph may not exceed the amount of funds committed by the State to implement dam safety activities.
(C) Determination
The Administrator and the Board shall determine the amount allocated to States.
(b) National dam inventory
There is authorized to be appropriated to carry out
(c) Public awareness
There is authorized to be appropriated to carry out
(d) Research
There is authorized to be appropriated to carry out
(e) Dam safety training
There is authorized to be appropriated to carry out
(f) Staff
There is authorized to be appropriated to FEMA for the employment of such additional staff personnel as are necessary to carry out
(g) Limitation on use of amounts
Amounts made available under this subchapter may not be used to construct or repair any Federal or non-Federal dam.
(
Editorial Notes
Prior Provisions
A prior section 467j,
A prior section 14 of
Amendments
2018—
2014—Subsec. (a)(1).
Subsec. (a)(2)(B).
Subsec. (a)(2)(C).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
2006—Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
2002—Subsec. (a)(1).
Subsec. (a)(2)(A)(i), (ii).
Subsec. (a)(2)(C).
Subsecs. (c) to (e).
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Administrator of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
§§467k to 467m. Repealed. Pub. L. 104–303, title II, §215(c)(2), Oct. 12, 1996, 110 Stat. 3685
Section 467k,
Section 467l,
Section 467m,
§467n. Recovery of dam modification costs required for safety purposes
(a) After November 17, 1986, costs incurred in the modification by the Secretary of dams and related facilities constructed or operated by the Secretary, the cause of which results from new hydrologic or seismic data or changes in state-of-the-art design or construction criteria deemed necessary for safety purposes, shall be recovered in accordance with the provisions in this subsection:
(1) Fifteen percent of the modification costs shall be assigned to project purposes in accordance with the cost allocation in effect for the project at the time the work is initiated. Non-Federal interests shall share the costs assigned to each purpose in accord with the cost sharing in effect at the time of initial project construction: Provided, That the Secretary of the Interior shall recover costs assigned to irrigation in accordance with repayment provisions of
(2) Repayment under this subsection, with the exception of costs assigned to irrigation, may be made, with interest, over a period of not more than thirty years from the date of completion of the work. The interest rate used shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the applicable reimbursable period during the month preceding the fiscal year in which the costs are incurred, plus a premium of one-eighth of one percentage point for transaction costs. To the extent that more than one interest rate is determined pursuant to the preceding sentence, the Secretary of the Treasury shall establish an interest rate at the weighted average of the rates so determined.
(b) Nothing in this section affects the authority of the Secretary to perform work pursuant to
(
Editorial Notes
References in Text
Codification
Section was enacted as part of the Dam Safety Act of 1986, and also as part of the Water Resources Development Act of 1986, and not as part of the National Dam Safety Program Act which comprises this subchapter.
Statutory Notes and Related Subsidiaries
Dam Safety Repair Projects
"(1) on the types of circumstances under which the requirement in section 1203(a) of the Water Resources Development Act of 1986 (
"(2) to assist district offices of the Corps of Engineers in communicating with non-Federal interests when entering into and implementing cost-sharing agreements for dam safety repair projects; and
"(3) to assist the Corps of Engineers in communicating with non-Federal interests concerning the estimated and final cost-share responsibilities of the non-Federal interests under agreements for dam safety repair projects."
"Secretary" Defined
Secretary means the Secretary of the Army, see
§467o. National low-head dam inventory
(a) Definitions
In this section:
(1) Inventory
The term "inventory" means the national low-head dam inventory developed under subsection (b)(1)(A).
(2) Low-head dam
The term "low-head dam" means a river-wide artificial barrier that generally spans a stream channel, blocking the waterway and creating a backup of water behind the barrier, with a drop off over the wall of not less than 6 inches and not more than 25 feet.
(b) National low-head dam inventory
(1) In general
Not later than 18 months after December 23, 2022, the Secretary of the Army, in consultation with the heads of appropriate Federal and State agencies, shall—
(A) develop an inventory of low-head dams in the United States that includes—
(i) the location, ownership, description, current use, condition, height, and length of each low-head dam;
(ii) any information on public safety conditions at each low-head dam;
(iii) public safety information on the dangers of low-head dams;
(iv) a directory of financial and technical assistance resources available to reduce safety hazards and fish passage barriers at low-head dams; and
(v) any other relevant information concerning low-head dams; and
(B) submit the inventory to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(2) Data
In carrying out this subsection, the Secretary shall—
(A) coordinate with Federal and State agencies and other relevant entities; and
(B) use data provided to the Secretary by those agencies and entities.
(3) Public availability
The Secretary shall make the inventory publicly available, including on a publicly available website.
(4) Updates
The Secretary, in consultation with the heads of appropriate Federal and State agencies, shall maintain and periodically publish updates to the inventory.
(c) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $30,000,000.
(d) Clarification
Nothing in this section provides authority to the Secretary to carry out an activity, with respect to a low-head dam, that is not explicitly authorized under this section.
(