33 U.S.C. § 419 — Regulation by Secretary governing trans-

Page 59 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 420 be construed as repealing, modifying, or in any manner affecting the provisions of subchapter III of this chapter. (Mar. 3, 1899, ch. 425, § 20(a), formerly § 20, 30 Stat. 1154; Feb. 20, 1900, ch. 23, § 3, 31 Stat. 32; June 13, 1902, ch. 1079, § 12, 32 Stat. 375; renum- bered § 20(a), Pub. L. 99–662, title IX, § 939(b), Nov. 17, 1986, 100 Stat. 4199.) Editorial Notes REFERENCES IN TEXT Subchapter III (§ 441 et seq.) of this chapter, referred to in text, was in the original a reference to the Act of June 29, 1888, as amended by section 3 of the river and harbor Act of August 18, 1894. CODIFICATION Section is from part of section 20(a) of act Mar. 3, 1899, popularly known as the ‘‘Rivers and Harbors Ap- propriation Act of 1899’’. See Codification and Amend- ment notes set out under section 415 of this title. § 419. Regulation by Secretary governing trans- portation and dumping of dredgings, refuse, etc., into navigable waters; oyster lands; ap- propriations The Secretary of the Army is authorized and empowered to prescribe regulations to govern the transportation and dumping into any navi- gable water, or waters adjacent thereto, of dredgings, earth, garbage, and other refuse ma- terials of every kind or description, whenever in his judgment such regulations are required in the interest of navigation. Such regulations shall be posted in conspicuous and appropriate places for the information of the public; and every person or corporation which shall violate the said regulations, or any of them, shall be deemed guilty of a misdemeanor and shall be subject to the penalties prescribed in sections 411 and 412 of this title, for violation of the pro- visions of section 407 of this title: Provided, That any regulations made in pursuance hereof may be enforced as provided in section 413 of this title, the provisions whereof are made applicable to the said regulations: Provided further, That this section shall not apply to any waters within the jurisdictional boundaries of any State which are now or may hereafter be used for the cul- tivation of oysters under the laws of such State, except navigable channels which have been or may hereafter be improved by the United States, or to be designated as navigable chan- nels by competent authority, and in making such improvements of channels, the material dredged shall not be deposited upon any ground in use in accordance with the laws of such State for the cultivation of oysters, except in compli- ance with said laws: And provided further, That any expense necessary in executing this section may be paid from funds available for the im- provement of the harbor or waterway, for which regulations may be prescribed, and in case no such funds are available the said expense may be paid from appropriations made by Congress for examinations, surveys, and contingencies of riv- ers and harbors. (Mar. 3, 1905, ch. 1482, § 4, 33 Stat. 1147; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) 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. TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Trans- portation by Pub. L. 89–670, § 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97–449 amended section 401 of this title to re- flect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and repealed section 6(g)(6)(A). § 419a. Management practices to extend capacity and useful life of dredged material disposal areas The Secretary of the Army, acting through the Chief of Engineers, shall utilize and encour- age the utilization of such management prac- tices as he determines appropriate to extend the capacity and useful life of dredged material dis- posal areas such that the need for new dredged material disposal areas is kept to a minimum. Management practices authorized by this sec- tion shall include, but not be limited to, the construction of dikes, consolidation and dewatering of dredged material, and construc- tion of drainage and outflow facilities. (Pub. L. 94–587, § 148, Oct. 22, 1976, 90 Stat. 2931.) § 420. Piers and cribs on Mississippi and St. Croix Rivers The owners of sawmills on the Mississippi River and the Saint Croix River in the States of Wisconsin and Minnesota are authorized and empowered under the direction of the Secretary of the Army, to construct piers or cribs in front of their mill property on the banks of the river, for the protection of their mills and rafts against damage by floods and ice: Provided, how- ever, That the piers or cribs so constructed shall not interfere with or obstruct the navigation of the river. And in case any pier or crib con- structed under authority of this section shall at any time, and for any cause, be found to ob- struct the navigation of the river, the Govern- ment expressly reserves the right to remove or direct the removal of it, at the cost and expense of the owners thereof. (R.S. § 5254; May 1, 1882, ch. 112, 22 Stat. 52; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION R.S. § 5254 derived from act Mar. 3, 1873, ch. 278, 17 Stat. 606. AMENDMENTS 1882—Act May 1, 1882, inserted reference to Saint Croix River in the States of Wisconsin and Minnesota.