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33 U.S.C. § 408 — Taking possession of, use of, or injury to harbor or river improvements
Federal law — U.S. Code and appendices · legal_authorities
**(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 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), review and approval of the
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Stable record: federal_law:legal_authorities:record_usc_5aa1cf1fc2f665ea246cb536
Source file: Laws/federal/codes/united-states-code/title-33/section-408-taking-possession-of-use-of-or-injury-to-harbor-or-river-improvements--f27251dc48.md
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Source location: Title 33, Chapter 9, § 408; chapter-009-protection-of-navigable-waters-and-of-harbor-and-river-improvements-generally.md
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**(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 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), review and approval of the activity under this section shall, to the maximum extent practicable, occur concurrently with any review and decisions made under that Act.
(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 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.) by the lead agency to the same extent that a Federal agency could adopt or use a document prepared by another Federal agency under—
(I) the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.); and
(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 sections 401 and 403 of this title, [section 1344 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1344&num=0&edition=prelim), and [section 1413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1413&num=0&edition=prelim), the Secretary shall—
(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) Review process**
(1) **Consistency** — The Secretary shall establish clear, concise, and specific guidance to be used within the Corps of Engineers and by non-Federal entities developing applications for permission standardizing the review process across Districts.
(2) **Preapplication meeting** — At the request of a non-Federal entity that is planning on submitting an application for permission pursuant to subsection (a), the Secretary shall meet with the non-Federal entity to—
(A) provide clear, concise, and specific design standards that the non-Federal entity must use in the development of the application;
(B) recommend, based on coordination with the non-Federal entity, the appropriate number of design packages for submission for the proposed action, and the stage of development at which such packages should be submitted; and
(C) identify potential concerns or conflicts with such proposed actions.
(3) **Contributed funds** — The Secretary may use funds accepted from a non-Federal entity under subsection (b)(3) for purposes of conducting a meeting described in paragraph (2).
**(d) 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.
**(e) 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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Environmental Protection Agency permits** Except in relation to dredged material, as provided for in [section 1413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1413&num=0&edition=prelim), and in relation to radiological, chemical, and biological warfare agents, high-level radioactive waste, and medical waste, for which no permit may be issued, the Administrator may issue permits, after notice and opportunity for public hearings, for the transportation from the United States or, in the case of an agency or instrumentality of the United States, or in the case of a vessel or aircraft registered in the United States or flying the United States flag, for the transportation from a location outside the United States, of material for the purpose of dumping it into ocean waters, or for the dumping of material into the waters described in [section 1411(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1411/b&num=0&edition=prelim), where the Administrator determines that such dumping will not unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. The Administrator shall establish and apply criteria for reviewing and evaluating such permit applications, and, in establishing or revising such criteria, shall consider, but not be limited in his consideration to, the following :
(A) The need for the proposed dumping.
(B) The effect of such dumping on human health and welfare, including economic, esthetic, and recreational values.
(C) The effect of such dumping on fisheries resources, plankton, fish, shellfish, wildlife, shore lines and beaches.
(D) The effect of such dumping on marine ecosystems, pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1413
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Advisory Committee** — The term “Advisory Committee” means the National Artificial Intelligence Advisory Committee established under [section 9414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9414/a&num=0&edition=prelim).
(2) **Agency head** — The term “agency head” means the head of any Executive agency (as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim)).
(3) **Artificial intelligence** — The term “artificial intelligence” means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to—
(A) perceive real and virtual environments;
(B) abstract such perceptions into models through analysis in an automated manner; and
(C) use model inference to formulate options for information or action.
(4) **Community college** — The term “community college” means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate’s degree, including 2-year Tribal Colleges or Universities under [section 1059c of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059c&num=0&edition=prelim) and public 2-year State institutions of higher education.
(5) **Initiative** — The term “Initiative” means the National Artificial Intelligence Initiative established under [section 9411(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9411/a&num=0&edition=prelim).
(6) **Initiative Office** — The term “Initiative O
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy** Congress declares that it is the policy of the United States that—
(1) the development of non-Federal hydroelectric power at Corps of Engineers water resources development projects, including locks and dams, shall be given priority;
(2) Corps of Engineers approval of non-Federal hydroelectric power at Corps of Engineers water resources development projects, including permitting required under [section 408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section408&num=0&edition=prelim), shall be completed by the Corps of Engineers in a timely and consistent manner; and
(3) approval of hydropower at Corps of Engineers water resources development projects shall in no way diminish the other priorities and missions of the Corps of Engineers, including authorized project purposes and habitat and environmental protection.
**(b) Implementation of policy** The Secretary shall—
(1) ensure that the policy described in subsection (a) is implemented nationwide in an efficient, consistent, and coordinated manner; and
(2) assess opportunities—
(A) to increase the development of hydroelectric power at existing water resources development projects of the Corps of Engineers with hydroelectric facilities; and
(B) to develop new hydroelectric power at existing nonpowered water resources development projects of the Corps of Engineers.
**(c) Report** Not later than 2 years after June 10, 2014, and biennially thereafter, 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 and make publicly available a report that, at a minimum, shall include—
(1) a description of initiatives carried out by the Secretary to
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2323a
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Federal law — U.S. Code and appendices · legal_authorities
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
**(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”) ([33 U.S.C. 408](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section408&num=0&edition=prelim)).
**(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 Se
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 408a
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Federal law — U.S. Code and appendices · legal_authorities
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 [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim) to any point or place of deposit or discharge in any harbor or navigable water, elsewhere than within the limits defined and permitted by the Secretary of the Army, or who shall willfully injure or destroy any work of the United States contemplated in [section 408 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section408&num=0&edition=prelim), or who shall willfully obstruct the channel of any waterway in the manner contemplated in [section 409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section409&num=0&edition=prelim), shall be deemed guilty of a violation of this Act, and shall upon conviction be punished as provided in [section 411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section411&num=0&edition=prelim), and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. And any boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections 407, 408, 409, 414, and 415 of this title shall be liable for the pecuniary penalties specified in [section 411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section411&num=0&edition=prelim), and in addition thereto for the amount of the damages done by said boat, vessel, scow, raft, or other craft, which latter sum shall
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 412
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** At the request of a non-Federal interest, the Secretary may review proposals to increase the quantity of available supplies of water at a Federal water resources development project through—
(1) modification of the project;
(2) modification of how the project is managed; or
(3) accessing water released from the project.
**(b) Proposals included** A proposal under subsection (a) may include—
(1) increasing the storage capacity of the project;
(2) diversion of water released or withdrawn from the project—
(A) to recharge groundwater;
(B) to aquifer storage and recovery; or
(C) to any other storage facility;
(3) construction of facilities for delivery of water from pumping stations constructed by the Secretary;
(4) construction of facilities to access water; and
(5) a combination of the activities described in paragraphs (1) through (4).
**(c) Exclusions** This section shall not apply to a proposal that—
(1) reallocates existing water supply or hydropower storage; or
(2) reduces water available for any authorized project purpose.
**(d) Other Federal projects** In any case in which a proposal relates to a Federal project that is not operated by the Secretary, this section shall apply only to activities under the authority of the Secretary.
**(e) Review process**
(1) **Notice** — On receipt of a proposal submitted under subsection (a), the Secretary shall provide a copy of the proposal to each entity described in paragraph (2) and, if applicable, the Federal agency that operates the project, in the case of a project operated by an agency other than the Department of the Army.
(2) **Public participation** — In reviewing proposals submitted under subsection (a), and prior to making any decisions regarding a proposal, the Secretary sh
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390b–2
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