33 U.S.C. § 1417 — Enforcement

Page 622 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1417 3345; Pub. L. 99–499, title I, § 127(d), Oct. 17, 1986, 100 Stat. 1693; Pub. L. 101–596, title II, § 203, Nov. 16, 1990, 104 Stat. 3006; Pub. L. 102–580, title V, § 505, Oct. 31, 1992, 106 Stat. 4867.) Editorial Notes REFERENCES IN TEXT The effective date of this subchapter, referred to in subsecs. (a) and (b), means the effective date of title I of Pub. L. 92–532, which is six months after Oct. 23, 1972. See section 110(a) of Pub. L. 92–532, set out as an Effec- tive Date note under section 1411 of this title. The Rivers and Harbors Act of 1899, referred to in sub- sec. (b), probably means the Act popularly known as the Rivers and Harbors Appropriation Act of 1899, act Mar. 3, 1899, ch. 425, 30 Stat. 1151, which enacted sec- tions 401, 403, 404, 406 to 409, 411 to 416, 418, 502, 549, 686, and 687 of this title. For complete classification of this Act to the Code, see Tables. The Fish and Wildlife Coordination Act as amended (16 U.S.C. 661–666c), referred to in subsec. (e), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified gen- erally to sections 661 to 666c–1 of Title 16, Conservation. For complete classification of this Act to the Code, see section 661(a) of Title 16, Short Title note set out under section 661 of Title 16, and Tables. This Act, referred to in subsec. (g), means Pub. L. 92–532, which is classified generally to this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16. AMENDMENTS 1992—Subsec. (d). Pub. L. 102–580 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as fol- lows: ‘‘After the effective date of this subchapter, no State shall adopt or enforce any rule or regulation re- lating to any activity regulated by this subchapter. Any State may, however, propose to the Administrator criteria relating to the dumping of materials into ocean waters within its jurisdiction, or into other ocean waters to the extent that such dumping may af- fect waters within the jurisdiction of such State, and if the Administrator determines, after notice and oppor- tunity for hearing, that the proposed criteria are not inconsistent with the purposes of this subchapter, may adopt those criteria and may issue regulations to im- plement such criteria. Such determination shall be made by the Administrator within one hundred and twenty days of receipt of the proposed criteria. For the purposes of this subsection, the term ‘State’ means any State, interstate or regional authority, Federal terri- tory or Commonwealth or the District of Columbia.’’ 1990—Subsec. (f). Pub. L. 101–596, which directed the substitution of ‘‘the requirements of this subchapter’’ for all after ‘‘shall comply with’’ in ‘‘subsection 116(g) of the Marine Protection Research and Sanctuaries Act (33 U.S.C. 1416(g))’’, was executed by making the substi- tution for ‘‘the criteria established pursuant to the sec- ond sentence of section 1412(a) of this title relating to the effects of dumping. Subsection (d) of this section shall not apply to this subsection.’’ which followed ‘‘shall comply with’’ in section 106(f) of the Marine Pro- tection Research and Sanctuaries Act of 1972, which is classified to subsec. (f) of this section, to reflect the probable intent of Congress. 1986—Subsec. (g). Pub. L. 99–499 added subsec. (g). 1980—Subsec. (f). Pub. L. 96–572 added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Oct. 23, 1972, see sec- tion 110(a) of Pub. L. 92–532, set out as a note under sec- tion 1411 of this title. Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. § 1417. Enforcement (a) Utilization of other departments, agencies, and instrumentalities The Administrator or the Secretary, as the case may be, may, whenever appropriate, utilize by agreement, the personnel, services and facili- ties of other Federal departments, agencies, and instrumentalities, or State agencies or instru- mentalities, whether on a reimbursable or a nonreimbursable basis, in carrying out his re- sponsibilities under this subchapter. (b) Delegation of review and evaluation author- ity The Administrator or the Secretary may dele- gate responsibility and authority for reviewing and evaluating permit applications, including the decision as to whether a permit will be issued, to an officer of his agency, or he may delegate, by agreement, such responsibility and authority to the heads of other Federal depart- ments or agencies, whether on a reimbursable or nonreimbursable basis. (c) Surveillance and other enforcement activity The Secretary of the department in which the Coast Guard is operating shall conduct surveil- lance and other appropriate enforcement activ- ity to prevent unlawful transportation of mate- rial for dumping, or unlawful dumping. Such en- forcement activity shall include, but not be lim- ited to, enforcement of regulations issued by him pursuant to section 1418 of this title, relat- ing to safe transportation, handling, carriage, storage, and stowage. The Secretary of the De- partment in which the Coast Guard is operating shall supply to the Administrator and to the At- torney General, as appropriate, such informa- tion of enforcement activities and such evi- dentiary material assembled as they may re- quire in carrying out their duties relative to penalty assessments, criminal prosecutions, or other actions involving litigation pursuant to the provisions of this subchapter. (Pub. L. 92–532, title I, § 107, Oct. 23, 1972, 86 Stat. 1059.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Oct. 23, 1972, see sec- tion 110(a) of Pub. L. 92–532, set out as a note under sec- tion 1411 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Page 623 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1441 § 1418. Regulations In carrying out the responsibilities and au- thority conferred by this subchapter, the Ad- ministrator, the Secretary, and the Secretary of the department in which the Coast Guard is op- erating are authorized to issue such regulations as they may deem appropriate. (Pub. L. 92–532, title I, § 108, Oct. 23, 1972, 86 Stat. 1059.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Oct. 23, 1972, see sec- tion 110(a) of Pub. L. 92–532, set out as a note under sec- tion 1411 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1419. International cooperation The Secretary of State, in consultation with the Administrator, shall seek effective inter- national action and cooperation to insure pro- tection of the marine environment, and may, for this purpose, formulate, present, or support spe- cific proposals in the United Nations and other component international organizations for the development of appropriate international rules and regulations in support of the policy of this Act. (Pub. L. 92–532, title I, § 109, Oct. 23, 1972, 86 Stat. 1060.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 92–532, which is classified generally to this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Oct. 23, 1972, see sec- tion 110(a) of Pub. L. 92–532, set out as a note under sec- tion 1411 of this title. § 1420. Authorization of appropriations There are authorized to be appropriated, for purposes of carrying out this subchapter, not to exceed $12,000,000 for fiscal year 1993 and not to exceed $14,000,000 for each of the fiscal years 1994, 1995, 1996, and 1997, to remain available until expended. (Pub. L. 92–532, title I, § 111, Oct. 23, 1972, 86 Stat. 1060; Pub. L. 93–472, Oct. 26, 1974, 88 Stat. 1430; Pub. L. 94–62, § 1, July 25, 1975, 89 Stat. 303; Pub. L. 94–326, § 1, June 30, 1976, 90 Stat. 725; Pub. L. 95–153, § 1, Nov. 4, 1977, 91 Stat. 1255; Pub. L. 96–572, § 1, Dec. 22, 1980, 94 Stat. 3344; Pub. L. 97–16, June 23, 1981, 95 Stat. 100; Pub. L. 100–536, Oct. 28, 1988, 102 Stat. 2710; Pub. L. 102–580, title V, § 509(a), Oct. 31, 1992, 106 Stat. 4870.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–580 substituted ‘‘for fiscal year 1993 and not to exceed $14,000,000 for each of the fiscal years 1994, 1995, 1996, and 1997, to remain available until ex- pended’’ for ‘‘for each of fiscal years 1989, 1990, and 1991’’. 1988—Pub. L. 100–536 amended section generally, sub- stituting provisions authorizing appropriations not to exceed $12,000,000 for each of fiscal years 1989, 1990, and 1991, for provisions authorizing appropriations for fiscal years 1973 to 1982. 1981—Pub. L. 97–16 increased to $4,213,000 from $2,000,000 the authorization of appropriation for fiscal year 1982. 1980—Pub. L. 96–572 inserted provisions authorizing appropriations for fiscal years 1980, 1981, and 1982. 1977—Pub. L. 95–153 inserted provision authorizing ap- propriations not to exceed $4,800,000 for fiscal year 1978. 1976—Pub. L. 94–326 inserted provision authorizing ap- propriations not to exceed $4,800,000 for fiscal year 1977. 1975—Pub. L. 94–62 substituted ‘‘not to exceed $5,500,000 for each of the fiscal years 1974 and 1975’’ for ‘‘and not to exceed $5,500,000 for fiscal years 1974 and 1975’’, and inserted provisions authorizing appropria- tion of an amount not to exceed $5,300,000 for fiscal year 1976, and not to exceed $1,325,000 for the transition period (July 1 through Sept. 30, 1976). 1974—Pub. L. 93–472 substituted ‘‘fiscal years 1974 and 1975,’’ for ‘‘fiscal year 1974,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Oct. 23, 1972, see sec- tion 110(a) of Pub. L. 92–532, set out as a note under sec- tion 1411 of this title. § 1421. Omitted Editorial Notes CODIFICATION Section, Pub. L. 92–532, title I, § 112, Oct. 23, 1972, 86 Stat. 1060; Pub. L. 94–326, § 2, June 30, 1976, 90 Stat. 725; Pub. L. 96–470, title II, § 209(f), Oct. 19, 1980, 94 Stat. 2245; Pub. L. 102–580, title V, § 510, Oct. 31, 1992, 106 Stat. 4870, which required the Administrator of the Environ- mental Protection Agency to report annually to Con- gress on the administration of this subchapter, termi- nated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under sec- tion 1113 of Title 31, Money and Finance. See, also, page 163 of House Document No. 103–7. SUBCHAPTER II—RESEARCH § 1441. Monitoring and research program The Secretary of Commerce, in coordination with the Secretary of the Department in which the Coast Guard is operating and with the Ad- ministrator shall, within six months of October 23, 1972, initiate a comprehensive and continuing program of monitoring and research regarding the effects of the dumping of material into ocean waters or other coastal waters where the tide ebbs and flows or into the Great Lakes or their connecting waters. (Pub. L. 92–532, title II, § 201, Oct. 23, 1972, 86 Stat. 1060; Pub. L. 99–272, title VI, § 6061, Apr. 7, 1986, 100 Stat. 131.)