33 U.S.C. § 408a — Expediting approval of modifications and

Page 52 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 408a 1 So in original. Probably should be preceded by ‘‘to’’. § 408a. Expediting approval of modifications and alterations of projects by non-Federal inter- ests (a) Section 14 application defined In this section, the term ‘‘section 14 applica- tion’’ means an application submitted by an ap- plicant to the Secretary requesting permission for the temporary occupation or use of a public work, or the alteration or permanent occupation or use of a public work, under section 14 of the Act of March 3, 1899 (commonly known as the ‘‘Rivers and Harbors Appropriation Act of 1899’’) (33 U.S.C. 408). (b) Review Not later than 1 year after June 10, 2014, the Secretary, after providing notice and an oppor- tunity for comment, shall establish a process for the review of section 14 applications in a timely and consistent manner. (c) Benchmark goals (1) Establishment of benchmark goals In carrying out subsection (b), the Secretary shall— (A) establish benchmark goals for deter- mining the amount of time it should take the Secretary to determine whether a sec- tion 14 application is complete; (B) establish benchmark goals for deter- mining the amount of time it should take the Secretary to approve or disapprove a section 14 application; and (C) to the extent practicable, use such benchmark goals to make a decision on sec- tion 14 applications in a timely and con- sistent manner. (2) Benchmark goals (A) Benchmark goals for determining wheth- er section 14 applications are complete To the extent practicable, the benchmark goals established under paragraph (1) shall provide that— (i) the Secretary reach a decision on whether a section 14 application is com- plete not later than 15 days after the date of receipt of the application; and (ii) if the Secretary determines that a section 14 application is not complete, the Secretary promptly notify the applicant of the specific information that is missing or the analysis that is needed to complete the application. (B) Benchmark goals for reviewing com- pleted applications To the extent practicable, the benchmark goals established under paragraph (1) shall provide that— (i) the Secretary generally approve or disapprove a completed section 14 applica- tion not later than 45 days after the date of receipt of the completed application; and (ii) in a case in which the Secretary de- termines that additional time is needed to review a completed section 14 application due to the type, size, cost, complexity, or impacts of the actions proposed in the ap- plication, the Secretary generally approve or disapprove the application not later than 180 days after the date of receipt of the completed application. (3) Notice In any case in which the Secretary deter- mines that it will take the Secretary more than 45 days to review a completed section 14 application, the Secretary shall— (A) provide written notification to the ap- plicant; and (B) include in the written notice a best es- timate of the Secretary as to the amount of time required for completion of the review. (d) Failure to achieve benchmark goals In any case in which the Secretary fails make 1 a decision on a section 14 application in accord- ance with the process established under this sec- tion, the Secretary shall provide written notice to the applicant, including a detailed descrip- tion of— (1) why the Secretary failed to make a deci- sion in accordance with such process; (2) the additional actions required before the Secretary will issue a decision; and (3) the amount of time the Secretary will re- quire to issue a decision. (e) Notification (1) Submission to Congress The Secretary shall provide a copy of any written notice provided under subsection (d) to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (2) Public availability The Secretary shall maintain a publicly available database, including on the Internet, on— (A) all section 14 applications received by the Secretary; and (B) the current status of such applications. (f) Guidance (1) In general Not later than 120 days after December 16, 2016, the Secretary shall issue guidance on the implementation of this section. (2) Incorporation In issuing guidance under paragraph (1), or any other regulation, guidance, or engineering circular related to activities covered under section 408 of this title, the Secretary shall in- corporate the requirements under this section. (g) Prioritization The Secretary shall prioritize and complete the activities required of the Secretary under this section. (Pub. L. 113–121, title I, § 1007, June 10, 2014, 128 Stat. 1214; Pub. L. 114–322, title I, § 1156(b), Dec. 16, 2016, 130 Stat. 1665.) Editorial Notes AMENDMENTS 2016—Subsecs. (f), (g). Pub. L. 114–322 added subsecs. (f) and (g). Page 53 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 410 Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 409. Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels It shall not be lawful to tie up or anchor ves- sels or other craft in navigable channels in such a manner as to prevent or obstruct the passage of other vessels or craft; or to sink, or permit or cause to be sunk, vessels or other craft in navi- gable channels; or to float loose timber and logs, or to float what is known as ‘‘sack rafts of tim- ber and logs’’ in streams or channels actually navigated by steamboats in such manner as to obstruct, impede, or endanger navigation. And whenever a vessel, raft or other craft is wrecked and sunk in a navigable channel, it shall be the duty of the owner, lessee, or operator of such sunken craft to immediately mark it with a buoy or beacon during the day and, unless other- wise granted a waiver by the Commandant of the Coast Guard, a light at night, and to main- tain such marks until the sunken craft is re- moved or abandoned, and the neglect or failure of the said owner, lessee, or operator so to do shall be unlawful; and it shall be the duty of the owner, lessee, or operator of such sunken craft to commence the immediate removal of the same, and prosecute such removal diligently, and failure to do so shall be considered as an abandonment of such craft, and subject the same to removal by the United States as pro- vided for in sections 411 to 416, 418, and 502 of this title. The Commandant of the Coast Guard may waive the requirement to mark a wrecked vessel, raft, or other craft with a light at night if the Commandant determines that placing a light would be impractical and granting such a waiver would not create an undue hazard to navigation. (Mar. 3, 1899, ch. 425, § 15, 30 Stat. 1152; Pub. L. 99–662, title IX, § 939(a), Nov. 17, 1986, 100 Stat. 4199; Pub. L. 108–293, title III, § 301, Aug. 9, 2004, 118 Stat. 1041.) Editorial Notes CODIFICATION Section is from act Mar. 3, 1899, popularly known as the ‘‘Rivers and Harbors Appropriation Act of 1899’’. AMENDMENTS 2004—Pub. L. 108–293 substituted ‘‘day and, unless otherwise granted a waiver by the Commandant of the Coast Guard, a light’’ for ‘‘day and a lighted lantern’’ in second sentence and inserted at end ‘‘The Com- mandant of the Coast Guard may waive the require- ment to mark a wrecked vessel, raft, or other craft with a light at night if the Commandant determines that placing a light would be impractical and granting such a waiver would not create an undue hazard to navigation.’’ 1986—Pub. L. 99–662 substituted ‘‘or to sink’’ for ‘‘or to voluntarily or carelessly sink’’, struck out ‘‘acciden- tally or otherwise,’’ after ‘‘navigable channel,’’, and in- serted ‘‘, lessee, or operator’’ after ‘‘owner’’ in three places. § 410. Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty The prohibition contained in section 409 of this title against floating loose timber and logs, or sack rafts, so called, of timber and logs in streams or channels actually navigated by steamboats, shall not apply to any navigable river or waterway of the United States or any part thereof whereon the floating of loose tim- ber and logs and sack rafts of timber and logs is the principal method of navigation. But such method of navigation on such river or waterway or part thereof shall be subject to the rules and regulations prescribed by the Secretary of the Army as provided in this section. The Secretary of the Army shall have power, and he is authorized and directed to prescribe rules and regulations, which he may at any time modify, to govern and regulate the floating of loose timber and logs, and sack rafts, (so called) of timber and logs and other methods of naviga- tion on the streams and waterways, or any thereof, of the character, as to navigation, here- tofore in this section described. The said rules and regulations shall be so framed as to equi- tably adjust conflicting interests between the different methods or forms of navigation; and the said rules and regulations shall be published at least once in such newspaper or newspapers of general circulation as in the opinion of the Sec- retary of the Army shall be best adapted to give notice of said rules and regulations to persons affected thereby and locally interested therein. And all modifications of said rules and regula- tions shall be similarly published. And such rules and regulations when so prescribed and published as to any such stream or waterway shall have the force of law, and any violation thereof shall be a misdemeanor, and every per- son convicted of such violation shall be punished by a fine of not exceeding $2,500 nor less than $500, or by imprisonment (in case of a natural person) for not less than thirty days nor more than one year, or by both such fine and impris- onment, in the discretion of the court: Provided, That the proper action to enforce the provisions of this section may be commenced before any magistrate judge, judge, or court of the United States, and such magistrate judge, judge, or court shall proceed in respect thereto as author- ized by law in the case of crimes or mis- demeanors committed against the United States. The right to alter, amend, or repeal this sec- tion at any time is reserved. (May 9, 1900, ch. 387, §§ 1–3, 31 Stat. 172; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) 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