33 U.S.C. § 466 — Untitled legal text

Page 82 TITLE 33—NAVIGATION AND NAVIGABLE WATERS §§ 461 to 464 Editorial Notes CODIFICATION Section was not enacted as part of act June 29, 1888, ch. 496, 25 Stat. 209, which comprises this subchapter. 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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. Pub. L. 97–449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and repealed section 6(g)(6)(A). SUBCHAPTER IV—POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF COLUMBIA §§ 461 to 464. Repealed. Mar. 3, 1901, ch. 854, § 1636, 31 Stat. 1434 Section 461, act May 19, 1896, ch. 208, § 1, 29 Stat. 126, prohibited deposit of ballast, dirt, ashes or oyster shells into Potomac River except for purpose of making a wharf and then only after approval. Section 462, act May 19, 1896, ch. 208, § 2, 29 Stat. 127, prohibited deposit of dead fish, dead animals, fruits, vegetables, ice, snow, filth or trash of any kind into Po- tomac River. Section 463, act May 19, 1896, ch. 208, § 3, 29 Stat. 127, related to penalties. Section 464, act May 19, 1896, ch. 208, § 4, 29 Stat. 127, provided that none of these provisions be construed to interfere with any work or improvements in harbor or river area. SUBCHAPTER V—NAVIGABLE WATERS OF MARYLAND § 465. Authority to dredge; riparian rights of United States Subject to the provisions of section 403 of this title authority is granted to dredge, without cost to the United States, in the navigable wa- ters of the United States included within the State of Maryland and outside the limits of projects for improvement of navigation facili- ties approved by Congress, regardless of rights accruing to the United States as riparian owner under the laws of the State of Maryland: Pro- vided, That in the opinion of the Chief of Engi- neers such dredging will improve facilities for navigation. (July 3, 1930, ch. 847, § 12, 46 Stat. 949.) SUBCHAPTER VI—WATER POLLUTION CONTROL §§ 466 to 466g. Transferred Editorial Notes CODIFICATION Sections 466 to 466g of this title were transferred to sections 1151 to 1160 of this title and were subsequently omitted in the general amendment of the Federal Water Pollution Control Act by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816. See section 1251 et seq. of this title. Section 466, acts June 30, 1948, ch. 758, § 1, 62 Stat. 1155; July 9, 1956, ch. 518, § 1, 70 Stat. 498; July 20, 1961, Pub. L. 87–88, § 1(a), 75 Stat. 204; Oct. 2, 1965, Pub. L. 89–234, § 1(a), 79 Stat. 903; 1966 Reorg. Plan No. 2, eff. May 10, 1966, §§ 1(a), (e)(1), 5, 31 F.R. 6857, 80 Stat. 1608, which related to Congressional declaration of policy, was transferred to section 1151 of this title. Section 466–1, act June 30, 1948, ch. 758, § 2, as added Oct. 2, 1965, Pub. L. 89–234, § 2(a), 79 Stat. 903; amended 1966 Reorg. Plan. No. 2, eff. May 10, 1966, § 1(a), (b), 31 F.R. 6857, 80 Stat. 1608; Apr. 3, 1970, Pub. L. 91–224, title I, § 110(a), 84 Stat. 113, which provided for a Federal Water Quality Administration, was transferred to sec- tion 1152 of this title. Section 466a, acts June 30, 1948, ch. 758, § 3, formerly § 2, 62 Stat. 1155; July 9, 1956, ch. 518, § 1, 70 Stat. 498; July 20, 1961, Pub. L. 87–88, §§ 1(b), 2, 75 Stat. 204; renum- bered § 3, Oct. 2, 1965, Pub. L. 89–234, § 2(a), 79 Stat. 903; Nov. 3, 1966, Pub. L. 89–753, title I, § 101, 80 Stat. 1246, which provided for comprehensive water pollution pro- grams, was transferred to section 1153 of this title. Section 466b, acts June 30, 1948, ch. 758, § 4, formerly § 3, 62 Stat. 1157; July 9, 1956, ch. 518, § 1, 70 Stat. 498; July 20, 1961, Pub. L. 87–88, § 1(b), 75 Stat. 204; renum- bered § 4, Oct. 2, 1965, Pub. L. 89–234, § 2(a), 79 Stat. 903, which provided for interstate cooperation, was trans- ferred to section 1154 of this title. Section 466c, acts June 30, 1948, ch. 758, § 5, formerly § 4, 62 Stat. 1158; July 9, 1956, ch. 518, § 1, 70 Stat. 499; July 20, 1961, Pub. L. 87–88, §§ 1(b), (c), 3, 75 Stat. 204, 205; renumbered § 5, Oct. 2, 1965, Pub. L. 89–234, § 2(a), 79 Stat. 903; 1966 Reorg. Plan No. 2, eff. May 10, 1966, § 1(a), 31 F.R. 6857, 80 Stat. 1608; Nov. 3, 1966, Pub. L. 89–753, title II, § 201(b), (c)(1), 80 Stat. 1247, 1248; Apr. 3, 1970, Pub. L. 91–224, title I, § 105, 84 Stat. 111, which provided for research, experiments, and studies, was transferred to section 1155 of this title. Section 466c–1, act June 30, 1948, ch. 758, § 6, as added Oct. 2, 1965, Pub. L. 89–234, § 3, 79 Stat. 905; amended Nov. 3, 1966, Pub. L. 89–753, title II, § 201(a), 80 Stat. 1246; Apr. 3, 1970, Pub. L. 91–224, title I, § 106, 84 Stat. 113, which provided grants for research and development, was transferred to section 1156 of this title. Section 466d, acts June 30, 1948, ch. 758, § 7, formerly § 5, 62 Stat. 1158; July 9, 1956, ch. 518, § 1, 70 Stat. 499; June 25, 1959, Pub. L. 86–70, § 28(a), 73 Stat. 148; July 12, 1960, Pub. L. 86–624, § 23(a), 74 Stat. 417; July 20, 1961, Pub. L. 87–88, §§ 1(b), 4(a), (b), 75 Stat. 204, 205; renum- bered § 7 and amended Oct. 2, 1965, Pub. L. 89–234, §§ 2(a), 7(a), 79 Stat. 903, 910; Nov. 3, 1966, Pub. L. 89–753, title II, § 202, 80 Stat. 1248, which provided grants for water pollution control programs, was transferred to section 1157 of this title. Section 466e, acts June 30, 1948, ch. 758, § 8, formerly § 6, 62 Stat. 1158; July 9, 1956, ch. 518, § 1, 70 Stat. 502; July 20, 1961, Pub. L. 87–88, §§ 1(b), 5, 75 Stat. 204, 206; re- numbered § 8 and amended Oct. 2, 1965, Pub. L. 89–234, §§ 2(a), 4, 7(b), 79 Stat. 903, 906, 910; Nov. 3, 1966, Pub. L. 89–753, title II, §§ 203(a), 204, 205, 80 Stat. 1248–1250; Apr. 3, 1970, Pub. L. 91–224, title I, § 111, 84 Stat. 113, which provided grants for construction of sewerage treatment works, was transferred to section 1158 of this title. Section 466f, acts June 30, 1948, ch. 758, § 9, formerly § 7, 62 Stat. 1159; July 17, 1952, ch. 927, 66 Stat. 755; July 9, 1956, ch. 518, § 1, 70 Stat. 503; July 20, 1961, Pub. L. Page 83 TITLE 33—NAVIGATION AND NAVIGABLE WATERS §§ 466h to 466l 87–88, §§ 1(b)–(d), 6(a), (b), 75 Stat. 204, 207; renumbered § 9, Oct. 2, 1965, Pub. L. 89–234, § 2(a), 79 Stat. 903; 1966 Reorg. Plan No. 2, eff. May 10, 1966, § 1(a), (c)(1), (2), 31 F.R. 6857, 80 Stat. 1608, which provided for a Water Pol- lution Control Advisory Board, was transferred to sec- tion 1159 of this title. Section 466g, acts June 30, 1948, ch. 758, § 10, formerly § 8, 62 Stat. 1159; July 17, 1952, ch. 927, 66 Stat. 755; July 9, 1956, ch. 518, § 1, 70 Stat. 504; July 20, 1961, Pub. L. 87–88, §§ 1(b), 7, 75 Stat. 204, 207; renumbered § 10 and amended Oct. 2, 1965, Pub. L. 89–234, §§ 2(a), 5, 7(c), (d), 79 Stat. 903, 907, 910; 1966 Reorg. Plan No. 2, eff. May 10, 1966, § 1(a), (d)(1), (2), 31 F.R. 6857, 80 Stat. 1608; Nov. 3, 1966, Pub. L. 89–753, title II, §§ 206–208, 80 Stat. 1250; Apr. 3, 1970, Pub. L. 91–224, title I, § 112, 84 Stat. 114, which provided for enforcement measures against pollution of interstate or navigable waters, was transferred to sec- tion 1160 of this title. § 466g–1. Controversies involving construction or application of interstate compacts and pollu- tion of waters (a) Jurisdiction of actions by States The United States district courts shall have original jurisdiction (concurrent with that of the Supreme Court of the United States, and concurrent with that of any other court of the United States or of any State of the United States in matters in which the Supreme Court, or any other court, has original jurisdiction) of any case or controversy— (1) which involves the construction or appli- cation of an interstate compact which (A) in whole or in part relates to the pollution of the waters of an interstate river system or any portion thereof, and (B) expresses the consent of the States signatory to said compact to be sued in a district court in any case or con- troversy involving the application or con- struction thereof; and (2) which involves pollution of the waters of such river system, or any portion thereof, al- leged to be in violation of the provisions of said compact; and (3) in which one or more of the States signa- tory to said compact is a plaintiff or plaintiffs; and (4) which is within the judicial power of the United States as set forth in the Constitution of the United States. (b) Amount in controversy; residence, situs or citizenship; nature, character, or legal status of parties The district courts shall have original juris- diction of a case or controversy such as is re- ferred to in subsection (a) of this section, with- out any requirement, limitation, or regard as to the sum or value of the matter in controversy, or of the place of residence or situs or citizen- ship, or of the nature, character, or legal status, of any of the proper parties plaintiff or defend- ant in said case or controversy other than the signatory State or States plaintiff or plaintiffs referred to in paragraph (3) of subsection (a) of this section: Provided, That nothing in this sec- tion shall be construed as authorizing a State to sue its own citizens in said courts. (c) Suits between States signatory to interstate compact The original jurisdiction conferred upon the district courts by this section shall include, but not be limited to, suits between States signa- tory to such interstate compact: Provided, That nothing in this section shall be construed as au- thorizing a State to sue another State which is not a signatory to such compact in said courts. (d) Venue The venue of such case or controversy shall be as prescribed by law: Provided, That in addition thereto, such case or controversy may be brought in in any judicial district in which the acts of pollution complained of, or any portion thereof, occur, regardless of the place or places of residence, or situs, of any of the parties plain- tiff or defendant. (Pub. L. 87–830, § 1, Oct. 15, 1962, 76 Stat. 957.) Statutory Notes and Related Subsidiaries SEPARABILITY Pub. L. 87–830, § 2, Oct. 15, 1962, 76 Stat. 957, provided that: ‘‘If any part or application of this Act [this sec- tion] should be declared invalid by a court of com- petent jurisdiction, said invalidity shall not affect the other parts, or the other applications, of said Act.’’ §§ 466h to 466l. Transferred Editorial Notes CODIFICATION Sections 466h to 466l of this title were transferred to sections 1171 to 1175 of this title and were subsequently omitted in the general amendment of the Federal Water Pollution Control Act by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816. See section 1251 et seq. of this title. Section 466h, acts June 30, 1948, ch. 758, § 21, formerly § 9, 62 Stat. 1160; July 9, 1956, ch. 518, § 1, 70 Stat. 506; July 20, 1961, Pub. L. 87–88, § 8, 75 Stat. 210; renumbered § 11 and amended Oct. 2, 1965, Pub. L. 89–234, §§ 2(a), 7(e), 79 Stat. 903, 910; 1966 Reorg. Plan No. 2, eff. May 10, 1966, § 1(a), 31 F.R. 6857, 80 Stat. 1608; renumbered § 21 and amended Apr. 3, 1970, Pub. L. 91–224, title I, §§ 102, 103, 84 Stat. 91, 107, which provided for cooperation by all Federal agencies in pollution control, was transferred to section 1171 of this title. Section 466i, acts June 30, 1948, ch. 758, § 22, formerly § 10, 62 Stat. 1160; July 9, 1956, ch. 518, § 1, 70 Stat. 506; July 20, 1961, Pub. L. 87–88, § 1(b), (d), (e), 75 Stat. 204; renumbered § 12 and amended Oct. 2, 1965, Pub. L. 89–234, §§ 2(a), 6, 79 Stat. 903, 909; 1966 Reorg. Plan No. 2, eff. May 10, 1966, § 1(a), 31 F.R. 6857, 80 Stat. 1608; renum- bered § 22 and amended Apr. 3, 1970, Pub. L. 91–224, title I, §§ 102, 104, 84 Stat. 91, 110, which provided for rules and regulations, was transferred to section 1172 of this title. Section 466j, acts June 30, 1948, ch. 758, § 23, formerly § 11, 62 Stat. 1161; July 9, 1956, ch. 518, § 1, 70 Stat. 506; June 25, 1959, Pub. L. 86–70, § 28(b), 73 Stat. 148; July 12, 1960, Pub. L. 86–624, § 23(b), 74 Stat. 418; July 20, 1961, Pub. L. 87–88, § 9, 75 Stat. 210; renumbered § 13, Oct. 2, 1965, Pub. L. 89–234, § 2(a), 79 Stat. 903; Nov. 3, 1966, Pub. L. 89–753, title II, § 209, 80 Stat. 1251; renumbered § 23, Apr. 3, 1970, Pub. L. 91–224, title I, § 102, 84 Stat. 91, which related to definitions, was transferred to section 1173 of this title. Section 466k, act June 30, 1948, ch. 758, § 24, formerly § 12, as added July 9, 1956, ch. 518, § 1, 70 Stat. 506; re- numbered § 14, Oct. 2, 1965, Pub. L. 89–234, § 2(a), 79 Stat. 903; renumbered § 24 and amended Apr. 3, 1970, Pub. L. 91–224, title I, §§ 102, 107, 84 Stat. 91, 113, which related to application of other laws, was transferred to section 1174 of this title. Section 466l, act June 30, 1948, ch. 758, § 26, formerly § 16, as added Nov. 3, 1966, Pub. L. 89–753, title II, § 210, 80 Stat. 1252; renumbered § 26, Apr. 3, 1970, Pub. L.