14 U.S.C. § 541 — Aids to navigation authorized

Page 54 TITLE 14—COAST GUARD § 541 Par. (1)(B)(ii)(III). Pub. L. 115–282, § 123(b)(2), sub- stituted ‘‘section 527(a)’’ for ‘‘section 91(a)’’. SUBCHAPTER III—AIDS TO NAVIGATION Editorial Notes AMENDMENTS 2018—Pub. L. 115–282, title I, § 105(c)(3), Dec. 4, 2018, 132 Stat. 4202, inserted subchapter III designation and heading. § 541. Aids to navigation authorized (a) In order to aid navigation and to prevent disasters, collisions, and wrecks of vessels and aircraft, the Coast Guard may establish, main- tain, and operate: (1) aids to maritime navigation required to serve the needs of the armed forces or of the commerce of the United States; (2) aids to air navigation required to serve the needs of the armed forces of the United States peculiar to warfare and primarily of military concern as determined by the Sec- retary of Defense or the Secretary of any de- partment within the Department of Defense and as required by any of those officials; and (3) electronic aids to navigation systems (a) required to serve the needs of the armed forces of the United States peculiar to warfare and primarily of military concern as determined by the Secretary of Defense or any department within the Department of Defense; or (b) re- quired to serve the needs of the maritime com- merce of the United States; or (c) required to serve the needs of the air commerce of the United States as requested by the Adminis- trator of the Federal Aviation Administration. These aids to navigation other than electronic aids to navigation systems shall be established and operated only within the United States, the waters above the Continental Shelf, the terri- tories and possessions of the United States, the Trust Territory of the Pacific Islands, and be- yond the territorial jurisdiction of the United States at places where naval or military bases of the United States are or may be located. The Coast Guard may establish, maintain, and oper- ate aids to maritime navigation under para- graph (1) of this section by contract with any person, public body, or instrumentality. (b) In the case of pierhead beacons, the Com- mandant may— (1) acquire, by donation or purchase in be- half of the United States, the right to use and occupy sites for pierhead beacons; and (2) properly mark all pierheads belonging to the United States situated on the northern and northwestern lakes, whenever the Com- mandant is duly notified by the department charged with the construction or repair of pierheads that the construction or repair of any such pierheads has been completed. (Aug. 4, 1949, ch. 393, 63 Stat. 500, § 81; June 22, 1951, ch. 150, 65 Stat. 89; Sept. 3, 1954, ch. 1263, § 30, 68 Stat. 1237; Pub. L. 85–726, title XIV, § 1404, Aug. 23, 1958, 72 Stat. 808; Pub. L. 89–662, § 1, Oct. 14, 1966, 80 Stat. 912; Pub. L. 94–546, § 1(3), Oct. 18, 1976, 90 Stat. 2519; Pub. L. 97–322, title I, § 105(a), Oct. 15, 1982, 96 Stat. 1582; renumbered § 541, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8509(a), Jan. 1, 2021, 134 Stat. 4755.) HISTORICAL AND REVISION NOTES Based on title 14, U.S.C., 1946 ed.; §§ 50m, 50o, and on title 33, U.S.C., 1946 ed., §§ 720, 720a, 739, 740, 740a, 740b, 769 (R.S. 4668; June 23, 1874, ch. 455, § 1, 18 Stat. 220; June 17, 1910, ch. 301, § 7, 36 Stat. 538; Mar. 3, 1915, ch. 81, § 5, 38 Stat. 927; Aug. 28, 1916, ch. 414, § 3, 39 Stat. 538; May 22, 1926, ch. 371, § 6, 44 Stat. 626; Feb. 25, 1925, ch. 313, § 3, 45 Stat. 1262; Aug. 16, 1937, ch. 665, § 3, 50 Stat. 667; June 26, 1948, ch. 672, §§ 1, 3, 62 Stat. 1050). Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes PRIOR PROVISIONS A prior section 541 was renumbered section 2903 of this title. AMENDMENTS 2021—Pub. L. 116–283 designated existing provisions as subsec. (a) and added subsec. (b). 2018—Pub. L. 115–282 renumbered section 81 of this title as this section. 1982—Pub. L. 97–322 authorized the Coast Guard to contractually establish, maintain, and operate aids to maritime navigation. 1976—Pub. L. 94–546 substituted ‘‘Federal Aviation Administration’’ for ‘‘Federal Aviation Agency’’ in cl. (3)(c). 1966—Pub. L. 89–662 expanded authorization for estab- lishment, maintenance, and operation of aids to air navigation and electronic aids to navigation systems required to serve the needs of the armed forces to in- clude needs peculiar to warfare and primarily of mili- tary concern as determined by the Secretary of Defense or the Secretary of any department within the Depart- ment of Defense, substituted ‘‘electronic aids to navi- gation systems’’ for ‘‘Loran stations’’, and altered the list of locations where aids to navigation other than electronic aids to navigation could be located by add- ing the waters above the Continental Shelf and by striking out places where such aids to navigation had been established prior to June 26, 1948. 1958—Pub. L. 85–726 substituted ‘‘Administrator of the Federal Aviation Agency’’ for ‘‘Administrator of Civil Aeronautics’’. 1954—Act Sept. 3, 1954, substituted ‘‘Department of Defense’’ for ‘‘National Military Establishment’’. 1951—Act June 22, 1951, extended Coast Guard’s au- thority to include the Trust Territory of the Pacific Is- lands. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1958 AMENDMENT Pub. L. 85–726, title XV, § 1505(2), Aug. 23, 1958, 72 Stat. 810, provided that the amendment made by Pub. L. 85–726 is effective on 60th day following date on which Administrator of Federal Aviation Agency [Federal Aviation Administration] first appointed under Pub. L. 85–726 qualifies and takes office. Administrator ap- pointed, qualified, and took office on Oct. 31, 1958. DISCONTINUANCE OF AN AID TO NAVIGATION Pub. L. 114–120, title II, § 210, Feb. 8, 2016, 130 Stat. 41, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Feb. 8, 2016], the Sec- retary of the department in which the Coast Guard is operating shall establish a process for the discontinu- ance of an aid to navigation (other than a seasonal or temporary aid) established, maintained, or operated by the Coast Guard. ‘‘(b) REQUIREMENT.—The process established under subsection (a) shall include procedures to notify the Page 55 TITLE 14—COAST GUARD § 542 public of any discontinuance of an aid to navigation de- scribed in that subsection. ‘‘(c) CONSULTATION.—In establishing a process under subsection (a), the Secretary shall consult with and consider any recommendations of the Navigation Safe- ty Advisory Council. ‘‘(d) NOTIFICATION.—Not later than 30 days after es- tablishing a process under subsection (a), the Secretary shall notify the Committee on Transportation and In- frastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the process established.’’ IMPROVED SAFETY INFORMATION FOR VESSELS Pub. L. 113–281, title II, § 228, Dec. 18, 2014, 128 Stat. 3040, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Dec. 18, 2014], the Sec- retary of the department in which the Coast Guard is operating shall establish a process that allows an oper- ator of a marine exchange or other non-Federal vessel traffic information service to use the automatic identi- fication system to transmit weather, ice, and other im- portant navigation safety information to vessels.’’ AIDS TO NAVIGATION REPORT Pub. L. 105–383, title II, § 208, Nov. 13, 1998, 112 Stat. 3416, provided that not later than 18 months after Nov. 13, 1998, the Commandant of the Coast Guard was to submit to Congress a report on the use of the Coast Guard’s aids to navigation system, including an anal- ysis of the respective use of the aids to navigation sys- tem by commercial interests, members of the general public for personal recreation, Federal and State gov- ernment for public safety, defense, and other similar purposes. REPORT TO CONGRESS; CONTRACTUAL AUTHORITY; IN- CREASE IN RATIO OF CIVILIAN TO MILITARY EMPLOY- EES Pub. L. 97–322, title I, § 105(b), Oct. 15, 1982, 96 Stat. 1582, provided that: ‘‘Not later than one year after the date of enactment of this title [Oct. 15, 1982], the Sec- retary of the department in which the Coast Guard is operating shall submit a report to the Congress evalu- ating— ‘‘(1) the exercise by contract of the authority of the Coast Guard under section 81 [now 541] of title 14, United States Code, to establish, maintain, and oper- ate aids to navigation, including a discussion of any problems involved in exercising such authority by contract, the reasons for exercising or failing to exer- cise such authority by contract in particular areas, and the feasibility of expanding the exercise of such authority by contract; and ‘‘(2) the advantages and disadvantages of increasing the ratio of civilian to military employees assigned to the establishment, maintenance, and operation of aids to navigation on the inland waterways of the United States.’’ CONTRACTUAL AUTHORITY DEPENDENT UPON AVAILABILITY OF APPROPRIATED FUNDS Pub. L. 97–322, title I, § 105(c), Oct. 15, 1982, 96 Stat. 1582, provided that: ‘‘Any authority to enter into con- tracts provided in this section [amending this section and enacting provision set out as Report to Congress; Contractual Authority; Increase in Ratio of Civilian to Military Employees note under this section] shall be available only to the extent that appropriated funds are available for that purpose.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. EX. ORD. NO. 7521. USE OF VESSELS FOR ICE-BREAKING OPERATIONS IN CHANNELS AND HARBORS Ex. Ord. No. 7521, Dec. 21, 1936, 1 F.R. 2527, provided: 1. The Coast Guard, operating under the direction of the Secretary of the Treasury, is hereby directed to as- sist in keeping open to navigation by means of ice- breaking operations, in so far as practicable and as the exigencies may require, channels and harbors in ac- cordance with the reasonable demands of commerce; and to use for that purpose such vessels subject to its control and jurisdiction or which may be made avail- able to it under paragraph 2 hereof as are necessary and are reasonably suitable for such operations. 2. The Secretary of War [Army], the Secretary of the Navy, and the Secretary of Commerce are hereby di- rected to cooperate with the Coast Guard in such ice- breaking operations, and to furnish the Coast Guard, upon the request of the Commandant thereof, for this service such vessels under their jurisdiction and con- trol as in the opinion of the Commandant, with the concurrence of the head of the Department concerned, are available and are, or may readily be made, suitable for this service. § 542. Unauthorized aids to maritime navigation; penalty No person, or public body, or instrumentality, excluding the armed services, shall establish, erect, or maintain any aid to maritime naviga- tion in or adjacent to the waters subject to the jurisdiction of the United States, its territories or possessions, or the Trust Territory of the Pa- cific Islands, or on the high seas if that person, or public body, or instrumentality is subject to the jurisdiction of the United States, without first obtaining authority to do so from the Coast Guard in accordance with applicable regula- tions. Whoever violates the provisions of this section or any of the regulations issued by the Secretary in accordance herewith shall be guilty of a misdemeanor and shall be fined not more than $1,500 for each offense. Each day during which such violation continues shall be consid- ered as a new offense. (Aug. 4, 1949, ch. 393, 63 Stat. 500, § 83; Pub. L. 93–283, § 1(1), May 14, 1974, 88 Stat. 139; Pub. L. 113–281, title II, § 205(a)(1), Dec. 18, 2014, 128 Stat. 3025; renumbered § 542, Pub. L. 115–282, title I, § 105(b), Dec. 4, 2018, 132 Stat. 4200.) HISTORICAL AND REVISION NOTES Based on title 33, U.S.C., 1946 ed., § 759 (June 20, 1906, ch. 3447, § 3, 34 Stat. 324; June 17, 1910, ch. 301, § 6, 36 Stat. 538; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1939 Reorg. Plan No. II, § 2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432). Changes were made in phraseology. 81st Congress, House Report No. 557. Editorial Notes PRIOR PROVISIONS A prior section 542 was renumbered section 2904 of this title. AMENDMENTS 2018—Pub. L. 115–282 renumbered section 83 of this title as this section. 2014—Pub. L. 113–281 substituted ‘‘$1,500’’ for ‘‘$100’’. 1974—Pub. L. 93–283 substituted ‘‘maritime navigation in or adjacent to the waters subject to the jurisdiction of the United States, its territories or possessions, or the Trust Territory of the Pacific Islands, or on the high seas if that person, or public body, or instrumen-