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33 U.S.C. § 401 — Construction of bridges, causeways, dams or dikes generally; exemptions

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

33 U.S.C. § 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

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Stable record: federal_law:legal_authorities:record_usc_b5919cee98e81178d7f3e5ef
Source file: Laws/federal/codes/united-states-code/title-33/section-401-construction-of-bridges-causeways-dams-or-dikes-generally-exemptions--cf25a25322.md
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Source location: Title 33, Chapter 9, § 401; chapter-009-protection-of-navigable-waters-and-of-harbor-and-river-improvements-generally.md

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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

15 U.S.C. § 719e — Presidential decision and report

**(a) Dateline for decision; transmission to Congress, delay: notice to Congress; contents of decision; chairman, appointment; Federal inspector of construction: duties, including establishment of joint surveillance and monitoring agreement** (1) As soon as practicable after July 1, 1977, but not later than September 1, 1977, the President shall issue a decision as to whether a transportation system for delivery of Alaska natural gas should be approved under this chapter. If he determines such a system should be so approved, his decision shall designate such a system for approval pursuant to [section 719f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719f&num=0&edition=prelim) and shall be consistent with [section 719c(b)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c/b/1/C&num=0&edition=prelim) to assure delivery of Alaska natural gas to points both east and west of the Rocky Mountains in the continental United States. The President in making his decision shall take into consideration the Commission’s recommendation pursuant to [section 719c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c&num=0&edition=prelim), the report under [section 719c(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c/c&num=0&edition=prelim), and any comments submitted under [section 719d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719d&num=0&edition=prelim); and his decision to designate a system for approval shall be based on his determination as to which system, if any, best serves the national interest. (2) The President, for a period of up to 90 addi

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 719e

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

23 U.S.C. § 144 — National bridge and tunnel inventory and inspection standards

**(a) Findings and Declarations.—** (1) **Findings.—** — Congress finds that— (A) the condition of the bridges of the United States has improved since the date of enactment of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 107), yet continued improvement to bridge conditions is essential to protect the safety of the traveling public and allow for the efficient movement of people and goods on which the economy of the United States relies; and (B) the systematic preventative maintenance of bridges, and replacement and rehabilitation of deficient bridges, should be undertaken through an overall asset management approach to transportation investment. (2) **Declarations.—** — Congress declares that it is in the vital interest of the United States— (A) to inventory, inspect, and improve the condition of the highway bridges and tunnels of the United States; (B) to use a data-driven, risk-based approach and cost-effective strategy for systematic preventative maintenance, replacement, and rehabilitation of highway bridges and tunnels to ensure safety, resilience, and extended service life; (C) to use performance-based bridge management systems to assist States in making timely investments; (D) to ensure accountability and link performance outcomes to investment decisions; (E) to ensure connectivity and access for residents of rural areas of the United States through strategic investments in National Highway System bridges and bridges on all public roads; and (F) to ensure adequate passage of aquatic and terrestrial species, where appropriate. **(b) National Bridge and Tunnel Inventories.—** The Secretary, in consultation with the States and Federal agencies with jurisdiction over highway bridges and tunnels, shall— (

Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 144

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

33 U.S.C. § 1293a — Contained spoil disposal facilities

**(a) Construction, operation, and maintenance; period; conditions; requirements** The Secretary of the Army, acting through the Chief of Engineers, is authorized to construct, operate, and maintain, subject to the provisions of subsection (c), contained spoil disposal facilities of sufficient capacity for a period not to exceed ten years, to meet the requirements of this section. Before establishing each such facility, the Secretary of the Army shall obtain the concurrence of appropriate local governments and shall consider the views and recommendations of the Administrator of the Environmental Protection Agency and shall comply with requirements of [section 1171 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1171&num=0&edition=prelim), and of 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.]. [Section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section401&num=0&edition=prelim) shall not apply to any facility authorized by this section. **(b) Time for establishment; consideration of area needs; requirements** The Secretary of the Army, acting through the Chief of Engineers, shall establish the contained spoil disposal facilities authorized in subsection (a) at the earliest practicable date, taking into consideration the views and recommendations of the Administrator of the Environmental Protection Agency as to those areas which, in the Administrator’s judgment, are most urgently in need of such facilities and pursuant to the requirements of the National Environmental Policy Act of 1969 [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-p

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1293a

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

33 U.S.C. § 1418 — Relationship to other laws

**(a) Voiding of preexisting licenses** After the effective date of this subchapter, all licenses, permits, and authorizations other than those issued pursuant to this subchapter shall be void and of no legal effect, to the extent that they purport to authorize any activity regulated by this subchapter, and whether issued before or after the effective date of this subchapter. **(b) Actions under authority of Rivers and Harbors Act** The provisions of subsection (a) shall not apply to actions taken before the effective date of this subchapter under the authority of the Rivers and Harbors Act of 1899 (30 Stat. 1151), as amended ([33 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section401&num=0&edition=prelim) et seq.). **(c) Impairment of navigation** Prior to issuing any permit under this subchapter, if it appears to the Administrator that the disposition of material, other than dredged material, may adversely affect navigation in the territorial sea of the United States, or in the approaches to any harbor of the United States, or may create an artificial island on the Outer Continental Shelf, the Administrator shall consult with the Secretary and no permit shall be issued if the Secretary determines that navigation will be unreasonably impaired. **(d) State programs** (1) **State rights preserved** — Except as expressly provided in this subsection, nothing in this subchapter shall preclude or deny the right of any State to adopt or enforce any requirements respecting dumping of materials into ocean waters within the jurisdiction of the State. (2) **Federal projects** — In the case of a Federal project, a State may not adopt or enforce a requirement that is more stringent than a requirement under this subchapter if the Administrat

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1418

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

33 U.S.C. § 2601 — Definitions

In this chapter— (1) “Administrator” means the Administrator of the Environmental Protection Agency. (2) “coastal waters” means— (A) the territorial sea of the United States; (B) the Great Lakes and their connecting waters; (C) the marine and estuarine waters of the United States up to the head of tidal influence; and (D) the Exclusive Economic Zone as established by Presidential Proclamation Number 5030, dated March 10, 1983. (3) “municipal or commercial waste” means solid waste (as defined in [section 6903 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903&num=0&edition=prelim)) except— (A) solid waste identified and listed under [section 6921 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim); (B) waste generated by the vessel during normal operations; (C) debris solely from construction activities; (D) sewage sludge subject to regulation under title I of the Marine Protection, Research, and Sanctuaries Act of 1972 [[33 U.S.C. 1411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1411&num=0&edition=prelim) et seq.]; and (E) dredged or fill material subject to regulation under title I of the Marine Protection, Research, and Sanctuaries Act of 1972 [[33 U.S.C. 1411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1411&num=0&edition=prelim) et seq.], the Federal Water Pollution Control Act ([33 U.S.C. 1251](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.), or the Rivers and Harbors Appropriation Act of 1899 ([33 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section401&num=0&edition=p

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2601

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

33 U.S.C. § 2602 — Vessel permits and numbers

**(a) In general** A vessel (except a public vessel as defined in [section 2101 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section2101&num=0&edition=prelim)) may not transport municipal or commercial waste in coastal waters without— (1) a permit for that vessel from the Secretary of Transportation; and (2) displaying a number or other marking on the vessel as prescribed by the Secretary under chapter 123 or [section 12502(b) of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12502/b&num=0&edition=prelim). **(b) Permit applications** Application for a permit required by subsection (a) of this section shall be made by the vessel owner or operator and include— (1) the name, address, and telephone number of the vessel owner and operator; (2) the vessel’s name and identification number; (3) the vessel’s area of operation; (4) the vessel’s transport capacity; (5) a history of the types of cargo transported by that vessel during the previous year, including identifying the type of municipal or commercial waste transported as— (A) municipal waste; (B) commercial waste; (C) medical waste; or (D) waste of another character. (6) any other information the Secretary may require; and (7) an acknowledgment. **(c) Effective date of permits** A permit issued under this section— (1) is effective 30 days after the date on which it was issued; (2) may be issued only for a period of not more than 5 years after the effective date of the permit; (3) may be renewed for periods of not more than 5 years only by the vessel owner or operator that applied for the original permit; and (4) is terminated when the vessel is sold. **(d) Denial of permits** The Secretary may, or at the request of the

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2602

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

33 U.S.C. § 402 — Construction of bridges, etc., over Illinois and Mississippi Canal

The provisions of [section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section401&num=0&edition=prelim) are made applicable alike to the completed and uncompleted portions of the Illinois and Mississippi Canal. Whenever the Secretary of the Army shall approve plans for a bridge to be built across said canal he may, in his discretion, and subject to such terms and conditions as in his judgment are equitable, expedient, and just to the public, grant to the person or corporation building and owning such bridge a right of way across the lands of the United States on either side of and adjacent to the said canal; also the privilege of occupying so much of said lands as may be necessary for the piers, abutments, and other portions of the bridge structure and approaches.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 402

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

33 U.S.C. § 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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 404

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

33 U.S.C. § 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 sections 401, 403, and 404 of this title or any rule or regulation made by the Secretary of the Army in pursuance of the provisions of [section 404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section404&num=0&edition=prelim) shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $2,500 nor less than $500, 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. And further, the removal of any structures or parts of structures erected in violation of the provisions of the said sections may be enforced by the injunction of any district court exercising jurisdiction in any district in which such structures may exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 406

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