33 U.S.C. § 449 — Disposition of dredged matter; persons lia-

Page 79 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 449 in Fourth paragraph, mean act Aug. 18, 1894, ch. 299, 28 Stat. 356, which enacted sections 1, 31, and 452 of this title and amended sections 443 to 448 and 499 of this title. For complete classification of this Act to the Code, see Tables. Sections 443 to 448 of this title, referred to in the Sec- ond paragraph, were in the original ‘‘this section of this Act’’ meaning section 3 of act June 29, 1888, which enacted sections 443 to 448 of this title. The provision of section 3 relating to issuance of permits is classified to section 443 of this title. CODIFICATION Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888, enacted sec- tions 443 to 448 of this title. See Codification note set out under section 443 of this title. AMENDMENTS 1958—Pub. L. 85–802 substituted ‘‘Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy inspectors, and, for the purposes of enforc- ing this subchapter’’ for ‘‘The supervisor of the harbor of New York, designated as provided in section 451 of this title, is authorized and directed to appoint inspec- tors and deputy inspectors, and for the purpose of en- forcing sections 1, 31, and this subchapter’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Magistrate judge’’ substituted in text for ‘‘mag- istrate’’ pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, ‘‘magistrate’’ sub- stituted for ‘‘commissioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85–802, set out as a note under section 441 of this title. § 447. Bribery of inspector; penalty Every person who, directly or indirectly, gives any sum of money or other bribe, present, or re- ward, or makes any offer of the same to any in- spector, deputy inspector, or other employee of the office of any supervisor of a harbor with in- tent to influence such inspector, deputy inspec- tor, or other employee to permit or overlook any violation of the provisions of this sub- chapter, 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, 25 Stat. 209; Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 Stat. 428; Pub. L. 85–802, § 1(4), Aug. 28, 1958, 72 Stat. 970.) 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 sec- tions 443 to 448 of this title. See Codification note set out under section 443 of this title. AMENDMENTS 1958—Pub. L. 85–802 substituted ‘‘any supervisor of a harbor’’ for ‘‘the supervisor of the harbor’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85–802, set out as a note under section 441 of this title. § 448. Return of permit; penalty for failure to re- turn Every permit issued in accordance with the provisions of sections 443 to 448 of this title, which may not be taken up by an inspector or deputy inspector, shall be returned within four days after issuance to the office of the super- visor of the harbor; such permit shall bear an indorsement by the master of the towboat, or the person acting in such capacity, stating whether the permit has been used, and, if so, the time and place of dumping. Any person violating the provisions of this section shall be liable to a fine of not more than $500 nor less than $100. (June 29, 1888, ch. 496, § 3, 25 Stat. 209; Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 Stat. 428.) Editorial Notes REFERENCES IN TEXT Sections 443 to 448 of this title, referred to in text, were in the original ‘‘this section of this Act’’, meaning section 3 of act June 29, 1888, which enacted sections 443 to 448 of this title. The provision of section 3 relating to issuance of permits is classified to section 443 of this title. CODIFICATION Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888 enacted sec- tions 443 to 448 of this title. See Codification note set out under section 443 of this title. § 449. Disposition of dredged matter; persons lia- ble; 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 de- posited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in sections 443 to 448 of this title prescribed, and not otherwise. Every person, firm, or corporation being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and every person, firm, or corporation in any manner en- gaged in the work of dredging or excavating any such slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings therefrom, shall severally be responsible for the deposit and dis- charge of all such mud, dirt, sand, or dredgings at such place or within such limits so defined and prescribed by said supervisor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty of an offense, and shall be punished by a fine equal to the sum of $5 for every cubic yard of mud, dirt, sand, dredgings, or material not deposited or discharged as required by this section. Page 80 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 450 (June 29, 1888, ch. 496, § 4, 25 Stat. 210; Pub. L. 85–802, § 1(5), Aug. 28, 1958, 72 Stat. 970.) Editorial Notes REFERENCES IN TEXT Sections 443 to 448 of this title, referred to in text, were in the original ‘‘the third section of this Act’’, meaning section 3 of act June 29, 1888, which enacted sections 443 to 448 of this title. The provision of section 3 relating to specification of the limits within which to discharge is classified to section 443 of this title. CODIFICATION Section was enacted as part of section 4 of act June 29, 1888, which enacted sections 449 and 450 of this title. AMENDMENTS 1958—Pub. L. 85–802 substituted ‘‘any harbor subject to this subchapter’’ for ‘‘the harbor of New York, or the waters adjacent or tributary thereto’’ and ‘‘the waters of that harbor’’ for ‘‘the waters of the harbor of New York’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85–802, set out as a note under section 441 of this title. § 450. Liability of vessel Any boat or vessel used or employed in vio- lating any provision of this subchapter, shall be liable to the pecuniary penalties imposed there- by, 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, 25 Stat. 210.) Editorial Notes CODIFICATION Section was enacted as part of section 4 of act June 29, 1888, which enacted sections 449 and 450 of this title. § 451. Supervisor of harbor; appointment and du- ties An officer of the Corps of Engineers shall, for each harbor subject to this subchapter, be des- ignated by the Secretary of the Army as super- visor of the harbor, to act under the direction of the Chief of Engineers in enforcing the provi- sions of this subchapter, and in detecting offend- ers 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, 25 Stat. 210; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; June 29, 1949, ch. 278, 63 Stat. 300; July 12, 1952, ch. 707, 66 Stat. 596; Pub. L. 85–802, § 1(6), Aug. 28, 1958, 72 Stat. 970.) Editorial Notes AMENDMENTS 1958—Pub. L. 85–802 inserted ‘‘for each harbor subject to this subchapter,’’ and substituted ‘‘Each such offi- cer’’ for ‘‘This officer’’. 1952—Act July 12, 1952, transferred enforcement re- sponsibilities 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 Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85–802, set out as a note under section 441 of this title. § 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, 25 Stat. 210; Pub. L. 85–802, § 1(7), Aug. 28, 1958, 72 Stat. 970.) Editorial Notes AMENDMENTS 1958—Pub. L. 85–802 substituted provisions making harbors of New York, Hampton Roads, and Baltimore subject to this subchapter for appropriation provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85–802, set out as a note under section 441 of this title. § 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 adja- cent and tributary waters, and those of Long Is- land Sound. (2) The term ‘‘harbor of Hampton Roads’’ means the tidal waters of the harbors of Nor- folk, Portsmouth, Newport News, Hampton Roads, and their adjacent and tributary waters, so much of the Chesapeake Bay and its tribu- taries 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 Vir- ginia. (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 with- in the State of Maryland. (June 29, 1888, ch. 496, § 7, as added Pub. L. 85–802, § 1(8), Aug. 28, 1958, 72 Stat. 970.)