33 U.S.C. § 1416 — Relationship to other laws

Page 621 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1416 Editorial Notes REFERENCES IN TEXT Section 13 of the Federal Water Pollution Control Act, referred to in subsec. (e), is section 13 of act June 30, 1948, ch. 758, as added by act Apr. 3, 1970, Pub. L. 91–224, title I, § 102, 84 Stat. 100, which was classified to section 1163 of this title and was superseded by Pub. L. 92–500, Oct. 18, 1972, 86 Stat. 816. See section 1322 of this title. AMENDMENTS 1992—Subsec. (b). Pub. L. 102–580, § 508(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘(1) In addition to any action which may be brought under subsection (a) of this section, a person who knowingly violates this subchapter, regulations pro- mulgated under this subchapter, or a permit issued under this subchapter shall be fined not more than $50,000, or imprisoned for not more than one year, or both. ‘‘(2) In addition to any action which may be brought under subsection (a), any person— ‘‘(A) who knowingly violates any provision of this subchapter by engaging in activity involving the dumping into ocean waters of medical waste shall upon conviction be fined not more than $250,000, or imprisoned for not more than 5 years, or both; and ‘‘(B) convicted of a violation involving such activ- ity shall forfeit to the United States any property constituting or derived from any proceeds the person obtained, directly or indirectly, as a result of such violation, and any of the property of the person which was used, or intended to be used in any manner or part, to commit or to facilitate the commission of the violation.’’ Subsec. (i). Pub. L. 102–508, § 508(b), added subsec. (i). 1988—Subsec. (a). Pub. L. 100–688, § 3201(c), inserted provisions relating to civil penalty of not more than $125,000 for engaging in activity involving dumping of medical waste. Subsec. (b). Pub. L. 100–688, § 3201(d), designated exist- ing provisions as par. (1) and added par. (2). 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. § 1416. 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 Har- bors 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 et seq.). (c) Impairment of navigation Prior to issuing any permit under this sub- chapter, 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 ap- proaches to any harbor of the United States, or may create an artificial island on the Outer Continental Shelf, the Administrator shall con- sult with the Secretary and no permit shall be issued if the Secretary determines that naviga- tion will be unreasonably impaired. (d) State programs (1) State rights preserved Except as expressly provided in this sub- section, nothing in this subchapter shall pre- clude or deny the right of any State to adopt or enforce any requirements respecting dump- ing 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 Administrator finds that such requirement— (A) is not supported by relevant scientific evidence showing the requirement to be pro- tective of human health, aquatic resources, or the environment; (B) is arbitrary or capricious; or (C) is not applicable or is not being applied to all projects without regard to Federal, State, or private participation and the Sec- retary of the Army concurs in such finding. (3) Exemption from State requirements The President may exempt a Federal project from any State requirement respecting dump- ing of materials into ocean waters if it is in the paramount interest of the United States to do so. (4) Consideration of site of origin prohibited Any requirement respecting dumping of ma- terials into ocean waters applied by a State shall be applied without regard to the site of origin of the material to be dumped. (e) Existing conservation programs not affected Nothing in this subchapter shall be deemed to affect in any manner or to any extent any provi- sion of the Fish and Wildlife Coordination Act as amended (16 U.S.C. 661–666c). (f) Dumping of dredged material in Long Island Sound from any Federal, etc., project In addition to other provisions of law and not withstanding the specific exclusion relating to dredged material in the first sentence in section 1412(a) of this title, the dumping of dredged ma- terial in Long Island Sound from any Federal project (or pursuant to Federal authorization) or from a dredging project by a non-Federal ap- plicant exceeding 25,000 cubic yards shall comply with the requirements of this subchapter. (g) Savings clause Nothing in this Act shall restrict, affect or modify the rights of any person (1) to seek dam- ages or enforcement of any standard or limita- tion under State law, including State common law, or (2) to seek damages under other Federal law, including maritime tort law, resulting from noncompliance with any requirement of this Act or any permit under this Act. (Pub. L. 92–532, title I, § 106, Oct. 23, 1972, 86 Stat. 1058; Pub. L. 96–572, § 4, Dec. 22, 1980, 94 Stat. 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.