33 U.S.C. § 1 — Regulations by Secretary of the Army for

Page 3 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2 SUBCHAPTER I—GENERAL PROVISIONS § 1. Regulations by Secretary of the Army for navigation of waters generally It shall be the duty of the Secretary of the Army to prescribe such regulations for the use, administration, and navigation of the navigable waters of the United States as in his judgment the public necessity may require for the protec- tion of life and property, or of operations of the United States in channel improvement, covering all matters not specifically delegated by law to some other executive department. Such regula- tions shall be posted, in conspicuous and appro- priate places, for the information of the public; and every person and every corporation which shall violate such regulations shall be deemed guilty of a misdemeanor and, on conviction thereof in any district court of the United States within whose territorial jurisdiction such offense may have been committed, shall be pun- ished by a fine not exceeding $500, or by impris- onment (in the case of a natural person) not ex- ceeding six months, in the discretion of the court. Any regulations prescribed by the Secretary of the Army in pursuance of this section may be enforced as provided in section 413 of this title, the provisions whereof are made applicable to the said regulations. (Aug. 18, 1894, ch. 299, § 4, 28 Stat. 362; June 13, 1902, ch. 1079, §§ 6, 11, 32 Stat. 374; Aug. 8, 1917, ch. 49, § 7, 40 Stat. 266; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION The first paragraph of this section is from section 4 of act Aug. 18, 1894, popularly known as the ‘‘River and Harbor Act of 1894’’, as amended. As originally enacted, said section 4 made it the duty of the Secretary of War to prescribe rules and regula- tions for the use, administration, and navigation of any or all canals and similar works of navigation owned, operated, or maintained by the United States, and pro- vided for the posting of such regulations and the pun- ishment of violations thereof. Said section 4 was amended by section 11 of act June 13, 1902, principally by adding to the original section provisions authorizing the Secretary also to prescribe regulations to govern the speed and movement of ves- sels and other water craft in any public navigable chan- nel which had been improved under authority of Con- gress, whenever in his judgment such regulations were necessary to protect such improved channel from in- jury or to prevent interference with the operations of the United States in improving navigable waters or in- jury to any plant that might be employed in such oper- ations. Section 4 was also amended by section 7 of act Aug. 8, 1917, to read as set forth in the first paragraph here- of. The last paragraph of this section is from section 6 of act June 13, 1902. Said section 6 is also the source of the last proviso in section 499 of this title. 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. RULES AND REGULATIONS Administrative provisions covering definitions which the Coast Guard uses to examine waters to determine whether the Coast Guard has jurisdiction on those wa- ters under particular laws of the United States are set out in chapter I, subchapter A, part 2, of Title 33, Navi- gation and Navigable Waters, in the Code of Federal Regulations. Such part 2, consisting of sections 2.01–1 to 2.10–10, sets out definitions of jurisdictional terms and provides for the availability of jurisdictional deci- sions. § 2. Regulations for navigation of South and Southwest Passes of Mississippi River; pen- alties The Secretary of the Army is authorized to make such rules and regulations for the naviga- tion of the South and Southwest Passes of the Mississippi River as to him shall seem necessary or expedient for the purpose of preventing any obstruction to the channels through said South and Southwest Passes and any injury to the works therein constructed. The term ‘‘South and Southwest Passes’’, as employed in this sec- tion, shall be construed as embracing the entire extent of channel in each case, between the upper ends of the works at the head of the pass and the outer or sea ends of the jetties at the en- trance from the Gulf of Mexico; and any willful violation of any rule or regulation made by the Secretary of the Army in pursuance of this sec- tion shall be deemed a misdemeanor, for which the owner or owners, agent or agents, master or pilot of the vessel so offending shall be sepa- rately or collectively responsible, and on convic- tion thereof shall be punished by a fine of not less than $100, nor exceeding $500, or by impris- onment for not exceeding three months, or by both fine and imprisonment, at the discretion of the court. (Mar. 3, 1909, ch. 264, § 5, 35 Stat. 818; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) Editorial Notes CODIFICATION These provisions were part of section 5 of act Mar. 3, 1909, popularly known as the ‘‘River and Harbor Appro- priation Act of 1909’’. These provisions superseded previous similar provi- sions relating to the navigation of the South Pass only, contained in act Aug. 11, 1888, ch. 860, § 5, 25 Stat. 424, amended by act Sept. 19, 1890, ch. 907, § 3, 26 Stat. 452. 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.