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33 U.S.C. § 2104 — Permits for construction and management of artificial reefs

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2104 — Permits for construction and management of artificial reefs

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Stable record: federal_law:legal_authorities:record_usc_1b6354bbbbbb238c4c279ea1
Source file: Laws/federal/codes/united-states-code/title-33/section-2104-permits-for-construction-and-management-of-artificial-reefs--55ee94ef88.md
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Source location: Title 33, Chapter 35, § 2104; chapter-035-artificial-reefs.md

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**(a) Secretarial action on permits** In issuing a permit for artificial reefs under [section 403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section403&num=0&edition=prelim), [section 1344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1344&num=0&edition=prelim), or [section 1333(e) of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1333/e&num=0&edition=prelim), the Secretary of the Army (hereinafter in this section referred to as the “Secretary”) shall— (1) consult with and consider the views of appropriate Federal agencies, States, local governments, and other interested parties; (2) ensure that the provisions for siting, constructing, monitoring, and managing the artificial reef are consistent with the criteria and standards established under this chapter; (3) ensure that the title to the artificial reef construction material is unambiguous, and that responsibility for maintenance and the financial ability to assume liability for future damages are clearly established; and (4) consider the plan developed under [section 2103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2103&num=0&edition=prelim) and notify the Secretary of Commerce of any need to deviate from that plan. **(b) Terms and conditions of permits** (1) Each permit issued by the Secretary subject to this section shall specify the design and location for construction of the artificial reef and the types and quantities of materials that may be used in constructing such artificial reef. In addition, each such permit shall specify such terms and conditions for the construction, operation, maintenance, monitoring, and managing the use of the artificial reef as are necessary for compliance with all applicable provisions of law and as are necessary to ensure the protection of the environment and human safety and property. (2) Before issuing a permit under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim) for any activity relating to the siting, design, construction, operation, maintenance, monitoring, or managing of an artificial reef, the Administrator of the Environmental Protection Agency shall consult with the Secretary to ensure that such permit is consistent with any permit issued by the Secretary subject to this section. **(c) Liability of permittee** (1) A person to whom a permit is issued in accordance with subsection (a) and any insurer of that person shall not be liable for damages caused by activities required to be undertaken under any terms and conditions of the permit, if the permittee is in compliance with such terms and conditions. (2) A person to whom a permit is issued in accordance with subsection (a) and any insurer of that person shall be liable, to the extent determined under applicable law, for damages to which paragraph (1) does not apply. (3) The Secretary may not issue a permit subject to this section to a person unless that person demonstrates to the Secretary the financial ability to assume liability for all damages that may arise with respect to an artificial reef and for which such permittee may be liable. (4) Any person who has transferred title to artificial reef construction materials to a person to whom a permit is issued in accordance with subsection (a) shall not be liable for damages arising from the use of such materials in an artificial reef, if such materials meet applicable requirements of the plan published under [section 2103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2103&num=0&edition=prelim) and are not otherwise defective at the time title is transferred. **(d) Liability of the United States** Nothing in this chapter creates any liability on the part of the United States. **(e) Civil penalty** Any person who, after notice and an opportunity for a hearing, is found to have violated any provision of a permit issued in accordance with subsection (a) shall be liable to the United States for a civil penalty, not to exceed $10,000 for each violation. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation. The Secretary may compromise, modify, or remit with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section. If any person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1344 — Permits for dredged or fill material

**(a) Discharge into navigable waters at specified disposal sites** The Secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites. Not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this subsection, the Secretary shall publish the notice required by this subsection. **(b) Specification for disposal sites** Subject to subsection (c) of this section, each such disposal site shall be specified for each such permit by the Secretary (1) through the application of guidelines developed by the Administrator, in conjunction with the Secretary, which guidelines shall be based upon criteria comparable to the criteria applicable to the territorial seas, the contiguous zone, and the ocean under [section 1343(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1343/c&num=0&edition=prelim), and (2) in any case where such guidelines under clause (1) alone would prohibit the specification of a site, through the application additionally of the economic impact of the site on navigation and anchorage. **(c) Denial or restriction of use of defined areas as disposal sites** The Administrator is authorized to prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, whenever he determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municip

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1344

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2103 — National artificial reef plan

Not later than one year after November 8, 1984, the Secretary of Commerce, in consultation with the Secretary of the Interior, the Secretary of Defense, the Administrator of the Environmental Protection Agency, the Secretary of the Department in which the Coast Guard is operating, the Regional Fishery Managment 11 So in original. Probably should be “Management”. Councils, interested States, Interstate Fishery Commissions, and representatives of the private sector, shall develop and publish a long-term plan which will meet the purpose of this chapter and be consistent with the standards established under [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2102&num=0&edition=prelim). The plan must include— (1) geographic, hydrographic, geologic, biological, ecological, social, economic, and other criteria for siting artificial reefs; (2) design, material, and other criteria for constructing artificial reefs; (3) mechanisms and methodologies for monitoring the compliance of artificial reefs with the requirements of permits issued under [section 2104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2104&num=0&edition=prelim); (4) mechanisms and methodologies for managing the use of artificial reefs; (5) a synopsis of existing information on artificial reefs and needs for further research on artificial reef technology and management strategies; and (6) an evaluation of alternatives for facilitating the transfer of artificial reef construction materials to persons holding permits issued pursuant to [section 2104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2104&num=0&edition=prelim), including, but not limited to, credits for envir

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2103

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 403

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1342 — National pollutant discharge elimination system

**(a) Permits for discharge of pollutants** (1) Except as provided in sections 1328 and 1344 of this title, the Administrator may, after opportunity for public hearing issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding [section 1311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1311/a&num=0&edition=prelim), upon condition that such discharge will meet either (A) all applicable requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343 of this title, or (B) prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator determines are necessary to carry out the provisions of this chapter. (2) The Administrator shall prescribe conditions for such permits to assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate. (3) The permit program of the Administrator under paragraph (1) of this subsection, and permits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a State permit program and permits issued thereunder under subsection (b) of this section. (4) All permits for discharges into the navigable waters issued pursuant to [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim) shall be deemed to be permits issued under this subchapter, and permits issued under this subchapter shall be deemed to be permits issued under [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim), and sh

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1342

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2104 — Permits for construction and management

Page 685 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2104 1 So in original. Probably should be ‘‘Management’’. (Pub. L. 98–623, title II, § 202, Nov. 8, 1984, 98 Stat. 3394.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title II of Pub. L. 98–623, which in addition to enacting this chapter also enacted section 1220d of Title 16, Conservation, and amended sections 1220, 1220a, 1220b, and 1220c of Title 16. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 98–623, title II, § 201, Nov. 8, 1984, 98 Stat. 3394, provided that: ‘‘This title [enacting this chapter and section 1220d of Title 16, Conservation, and amending sections 1220 to 1220c of Title 16] may be cited as the ‘National Fishing Enhancement Act of 1984’.’’ § 2102. Establishment of standards Based on the best scientific information avail- able, artificial reefs in waters covered under this chapter shall be sited and constructed, and sub- sequently monitored and managed in a manner which will— (1) enhance fishery resources to the max- imum extent practicable; (2) facilitate access and utilization by United States recreational and commercial fishermen; (3) minimize conflicts among competing uses of waters covered under this chapter and the resources in such waters; (4) minimize environmental risks and risks to personal health and property; and (5) be consistent with generally accepted principles of international law and shall not create any unreasonable obstruction to navi- gation. (Pub. L. 98–623, title II, § 203, Nov. 8, 1984, 98 Stat. 3395.) § 2103. National artificial reef plan Not later than one year after November 8, 1984, the Secretary of Commerce, in consultation with the Secretary of the Interio

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