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46 U.S.C. § 70118 — Enforcement by State and local officers

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46 U.S.C. § 70118 — Enforcement by State and local officers

Page 588 TITLE 46—SHIPPING [§ 70117 1 See References in Text note below. PRIOR PROVISIONS A prior section 70116, added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2083, related to secure systems of transportation, prior to repeal by Pub. L. 115–254, div. J, § 1809(b), Oct. 5, 2018, 132 Stat. 3538. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 8341(1), inserted ‘‘, cyber incidents, transnational organized crime, and foreign state threats’’ after ‘‘an act of terrorism’’ in in- troductory provisions. Subsec. (b)(1), (2). Pub. L. 116–283, § 8341(2)(A), inserted ‘‘cyber incidents, transnational organized crime, and foreign state threats’’ after ‘‘terrorism’’. Subsec. (b)(3). Pub. L. 116–283, § 8341(2)(B), substituted ‘‘, armed (as needed),’’ for ‘‘armed’’ and ‘‘terrorism, cyber incidents, transnational organized crime, foreign state threats, or transportation security incidents,’’ for ‘‘terrorism or transportation security incidents,’’. Subsec. (c). Pub. L. 116–283, § 8341(3), substituted ‘‘70033,’’ for ‘‘70034,’’ and inserted at end ‘‘When pre- venting or responding to acts of terrorism, cyber inci- dents, transnational organized crime, or foreign state threats, the Secretary may carry out this section with- out regard to chapters 5 and 6 of title 5 or Executive Order Nos. 12866 and 13563.’’ 2018—Pub. L. 115–282, § 402(b)(1), transferred section catchline and subsecs. (a) and (b) of section 7 of Pub. L. 92–340 to this chapter and redesignated them as this section. See Codification note above. Catchline text was editorially conformed to the style used in this title. Subsec. (c). Pub. L. 115–282, § 402(b)(2), added subsec. (c). [§ 70117. Repealed. Pub. L. 111–281, title II, § 208(b), Oct. 15, 2010, 124 Stat. 2912] Section, add

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Page 588 TITLE 46—SHIPPING [§ 70117 1 See References in Text note below. PRIOR PROVISIONS A prior section 70116, added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2083, related to secure systems of transportation, prior to repeal by Pub. L. 115–254, div. J, § 1809(b), Oct. 5, 2018, 132 Stat. 3538. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 8341(1), inserted ‘‘, cyber incidents, transnational organized crime, and foreign state threats’’ after ‘‘an act of terrorism’’ in in- troductory provisions. Subsec. (b)(1), (2). Pub. L. 116–283, § 8341(2)(A), inserted ‘‘cyber incidents, transnational organized crime, and foreign state threats’’ after ‘‘terrorism’’. Subsec. (b)(3). Pub. L. 116–283, § 8341(2)(B), substituted ‘‘, armed (as needed),’’ for ‘‘armed’’ and ‘‘terrorism, cyber incidents, transnational organized crime, foreign state threats, or transportation security incidents,’’ for ‘‘terrorism or transportation security incidents,’’. Subsec. (c). Pub. L. 116–283, § 8341(3), substituted ‘‘70033,’’ for ‘‘70034,’’ and inserted at end ‘‘When pre- venting or responding to acts of terrorism, cyber inci- dents, transnational organized crime, or foreign state threats, the Secretary may carry out this section with- out regard to chapters 5 and 6 of title 5 or Executive Order Nos. 12866 and 13563.’’ 2018—Pub. L. 115–282, § 402(b)(1), transferred section catchline and subsecs. (a) and (b) of section 7 of Pub. L. 92–340 to this chapter and redesignated them as this section. See Codification note above. Catchline text was editorially conformed to the style used in this title. Subsec. (c). Pub. L. 115–282, § 402(b)(2), added subsec. (c). [§ 70117. Repealed. Pub. L. 111–281, title II, § 208(b), Oct. 15, 2010, 124 Stat. 2912] Section, added Pub. L. 108–293, title VIII, § 801(a), Aug. 9, 2004, 118 Stat. 1078, § 70118; renumbered § 70117, Pub. L. 109–241, title IX, § 901(l)(1), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, § 15(33)(A), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603, related to firearms, arrests, and sei- zure of property. Editorial Notes PRIOR PROVISIONS A prior section 70117 was renumbered section 70120 of this title. Another prior section 70117 was renumbered section 70119 of this title. § 70118. Enforcement by State and local officers (a) IN GENERAL.—Any State or local govern- ment law enforcement officer who has authority to enforce State criminal laws may make an ar- rest for violation of a security zone regulation prescribed under section 1 1 of title II of the Act of June 15, 1917 (chapter 30; 50 U.S.C. 191) or se- curity or safety zone regulation under section 7(b) 1 of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)) or a safety zone regulation pre- scribed under section 10(d) of the Deepwater Port Act of 1974 (33 U.S.C. 1509(d)) by a Coast Guard official authorized by law to prescribe such regulations, if— (1) such violation is a felony; and (2) the officer has reasonable grounds to be- lieve that the person to be arrested has com- mitted or is committing such violation. (b) OTHER POWERS NOT AFFECTED.—The provi- sions of this section are in addition to any power conferred by law to such officers. This section shall not be construed as a limitation of any power conferred by law to such officers, or any other officer of the United States or any State. This section does not grant to such officers any powers not authorized by the law of the State in which those officers are employed. (Added Pub. L. 108–293, title VIII, § 801(a), Aug. 9, 2004, 118 Stat. 1078, § 70119; renumbered § 70118, Pub. L. 109–241, title IX, § 901(l)(1), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, § 15(33)(A), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603.) Editorial Notes REFERENCES IN TEXT Section 1 of title II of the Act of June 15, 1917, re- ferred to in subsec. (a), which was classified to section 191 of Title 50, War and National Defense, was redesig- nated and transferred to section 70051 of this title by Pub. L. 115–282, title IV, § 407(b)(1), (5), Dec. 4, 2018, 132 Stat. 4267. Section 7(b) of the Ports and Waterways Safety Act, referred to in subsec. (a), which was classified to sec- tion 1226(b) of Title 33, Navigation and Navigable Wa- ters, was redesignated and transferred to section 70116(b) of this title by Pub. L. 115–282, title IV, § 402(b)(1), Dec. 4, 2018, 132 Stat. 4264. A duplicate trans- fer to section 70102a(b) of this title by section 408(a) of Pub. L. 115–282 was repealed by Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(d)(1), Jan. 1, 2021, 134 Stat. 4754. PRIOR PROVISIONS A prior section 70118 was renumbered section 70117 of this title and subsequently repealed. Another prior section 70118 was renumbered section 70121 of this title. AMENDMENTS 2008—Pub. L. 110–181 repealed Pub. L. 109–304, § 15(33)(A). See 2006 Amendment note below. 2006—Pub. L. 109–304, § 15(33)(A), which directed re- numbering identical to that made by Pub. L. 109–241, was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note below. Pub. L. 109–241 renumbered section 70119 of this title, as added by Pub. L. 108–293, § 801(a), as this section. Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2006 AMENDMENT Provisions of Pub. L. 109–304 repealed by section 3529(c)(1) of Pub. L. 110–181 to be treated as if never en- acted, see section 3529(c)(2) of Pub. L. 110–181, set out as a note under section 9504 of Title 26, Internal Revenue Code. § 70119. Civil penalty (a) IN GENERAL.—Any person that violates this chapter or any regulation under this chapter shall be liable to the United States for a civil penalty of not more than $25,000 for each day during which the violation continues. (b) CONTINUING VIOLATIONS.—The maximum amount of a civil penalty for a violation under this section shall not exceed $50,000. (Added Pub. L. 107–295, title I, § 102(a), Nov. 25, 2002, 116 Stat. 2084, § 70117; renumbered § 70119, Pub. L. 108–293, title VIII, § 802(a)(1), Aug. 9, 2004, 118 Stat. 1078; amended Pub. L. 109–241, title III, § 306(a), July 11, 2006, 120 Stat. 528.)

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1226 — Transferred

### Statutory Notes #### Codification Section was comprised of Pub. L. 92–340, § 7, as added Pub. L. 99–399, title IX, § 906, Aug. 27, 1986, as amended. Subsections (a) and (b) of section 7 of Pub. L. 92–340 were redesignated and transferred to [section 70116 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70116&num=0&edition=prelim), Shipping, by Pub. L. 115–282, title IV, § 402(b)(1), Dec. 4, 2018, 132 Stat. 4264. Subsection (c) of section 7 of Pub. L. 92–340 was redesignated subsec. (f) and transferred to [section 70103 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70103&num=0&edition=prelim) by Pub. L. 115–282, title IV, § 402(c)(1), Dec. 4, 2018, 132 Stat. 4264. Pub. L. 115–282, title IV, § 408(a), (d)(1), Dec. 4, 2018, 132 Stat. 4268, concurrently redesignated and transferred subsections (a) and (b) of section 7 of Pub. L. 92–340 to [section 70102a of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70102a&num=0&edition=prelim) and identically redesignated subsection (c) of section 7 of Pub. L. 92–340 as subsec. (f) and transferred it to [section 70103 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70103&num=0&edition=prelim). However, Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(d)(1), (7), Jan. 1, 2021, 134 Stat. 4754, subsequently repealed section 408 of Pub. L. 115–282, effective on the date of enactment of Pub. L. 115–282 (Dec. 4, 2018), and provided that the provisions of law redesignated, transferred, or otherwise amended by such section 408 were amended to read as if that section had not been enacted. #### Prior Provisions A prior section 1226, Pub. L. 92–340, § 7, formerly title I, §

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1226 — Transferred

Page 348 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1223a SHORT TITLE Pub. L. 92–340, § 1, July 10, 1972, 86 Stat. 424, as amend- ed by Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471, which provided that Pub. L. 92–340, enacting this chap- ter, could be cited as the ‘‘Ports and Waterways Safety Act’’, was repealed by Pub. L. 115–282, title IV, § 402(e), Dec. 4, 2018, 132 Stat. 4264. TRANSITIONAL AND SAVINGS PROVISIONS For transitional and savings provisions and treat- ment of references to former provisions of this chapter in other laws, see section 403 of Pub. L. 115–282, set out as a note preceding section 101 of Title 46, Shipping. SEPARABILITY Pub. L. 95–474, § 6(c), Oct. 17, 1978, 92 Stat. 1493, pro- vided that: ‘‘If a provision of this Act [see Short Title of 1978 Amendment note above] or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the applica- tion of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.’’ § 1223a. Transferred Editorial Notes CODIFICATION Section, Pub. L. 92–340, § 4A, as added Pub. L. 108–293, title IV, § 410, Aug. 9, 2004, 118 Stat. 1045, was redesig- nated and transferred to section 3105 of Title 46, Ship- ping, by Pub. L. 115–282, title IV, § 402(a)(1)(A), Dec. 4, 2018, 132 Stat. 4263. §§ 1224, 1225. Repealed. Pub. L. 115–282, title IV, § 402(e), Dec. 4, 2018, 132 Stat. 4264 Section 1224, Pub. L. 92–340, § 5, formerly title I, § 104, July 10, 1972, 86 Stat. 427; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1474; Pub. L. 107–295, title IV, § 443(2), Nov. 25, 2002, 116 Stat. 2132, re- lated to considerations by the Secretary in carrying out certain duties an

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1509 — Marine environmental protection and navigational safety

**(a) Regulations and procedures** Subject to recognized principles of international law and the provision of adequate opportunities for public involvement, the Secretary shall prescribe and enforce procedures, either by regulation (for basic standards and conditions) or by the licensee’s operations manual, with respect to rules governing vessel movement, loading and unloading procedures, designation and marking of anchorage areas, maintenance, law enforcement, and the equipment, training, and maintenance required (A) to prevent pollution of the marine environment, (B) to clean up any pollutants which may be discharged, and (C) to otherwise prevent or minimize any adverse impact from the construction and operation of such deepwater port. **(b) Safety of property and life; regulations** The Secretary shall issue and enforce regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property in any deepwater port and the waters adjacent thereto. **(c) Marking of components; payment of cost** The Secretary shall mark, for the protection of navigation, any component of a deepwater port whenever the licensee fails to mark such component in accordance with applicable regulations. The licensee shall pay the cost of such marking. **(d) Safety zones; designation; construction period; permitted activities** (1) Subject to recognized principles of international law and after consultation with the Secretary of the Interior, the Secretary of Commerce, the Secretary of State, and the Secretary of Defense, the Secretary shall designate a zone of appropriate size around and including any deepwater port for the purpose of navigational safety. In such zone, no installations, structures, or uses wil

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1509 — Marine environmental protection and

Page 645 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1511 § 1509. Marine environmental protection and navigational safety (a) Regulations and procedures Subject to recognized principles of inter- national law and the provision of adequate op- portunities for public involvement, the Sec- retary shall prescribe and enforce procedures, ei- ther by regulation (for basic standards and con- ditions) or by the licensee’s operations manual, with respect to rules governing vessel move- ment, loading and unloading procedures, des- ignation and marking of anchorage areas, main- tenance, law enforcement, and the equipment, training, and maintenance required (A) to pre- vent pollution of the marine environment, (B) to clean up any pollutants which may be dis- charged, and (C) to otherwise prevent or mini- mize any adverse impact from the construction and operation of such deepwater port. (b) Safety of property and life; regulations The Secretary shall issue and enforce regula- tions with respect to lights and other warning devices, safety equipment, and other matters re- lating to the promotion of safety of life and property in any deepwater port and the waters adjacent thereto. (c) Marking of components; payment of cost The Secretary shall mark, for the protection of navigation, any component of a deepwater port whenever the licensee fails to mark such component in accordance with applicable regu- lations. The licensee shall pay the cost of such marking. (d) Safety zones; designation; construction pe- riod; permitted activities (1) Subject to recognized principles of inter- national law and after consultation with the Secretary of the Interior, the Secretary of Com- merce, the Secretary of State, and the Secretary of Defense, the Secretary shall designate a zon

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70118 — Enforcement by State and local officers

**(a) In General.—** Any State or local government law enforcement officer who has authority to enforce State criminal laws may make an arrest for violation of a security zone regulation prescribed under section 70051 or security or safety zone regulation under section 70116(b) or a safety zone regulation prescribed under section 10(d) of the Deepwater Port Act of 1974 ([33 U.S.C. 1509(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1509/d&num=0&edition=prelim)) by a Coast Guard official authorized by law to prescribe such regulations, if— (1) such violation is a felony; and (2) the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such violation. **(b) Other Powers not Affected.—** The provisions of this section are in addition to any power conferred by law to such officers. This section shall not be construed as a limitation of any power conferred by law to such officers, or any other officer of the United States or any State. This section does not grant to such officers any powers not authorized by the law of the State in which those officers are employed.

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50 U.S.C. § 191 — Transferred

### Statutory Notes #### Codification Section, act June 15, 1917, ch. 30, title II, § 1, 40 Stat. 220; Aug. 9, 1950, ch. 656, § 1, 64 Stat. 427; Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038; Pub. L. 96–70, title III, § 3302(a), Sept. 27, 1979, 93 Stat. 498; Pub. L. 104–208, div. C, title VI, § 649, Sept. 30, 1996, 110 Stat. 3009–711; Pub. L. 108–293, title II, § 223, Aug. 9, 2004, 118 Stat. 1040; Pub. L. 115–232, div. C, title XXXV, § 3548(a), Aug. 13, 2018, 132 Stat. 2328; Pub. L. 115–282, title IV, § 407(b)(1)–(4), Dec. 4, 2018, 132 Stat. 4267, was transferred to [section 70051 of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70051&num=0&edition=prelim), Shipping, by Pub. L. 115–282, title IV, § 407(b)(5), Dec. 4, 2018, 132 Stat. 4267.

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50 U.S.C. § 191 — Transferred

Page 61 TITLE 50—WAR AND NATIONAL DEFENSE § 191 Director of the National Science Foundation, the Administrator of the National Aeronautics and Space Administration, the Director of the National Institutes of Health, and other agen- cies as appropriate) shall submit to Congress a report that provides for Federal users— (1) an assessment of the consumption of, and projected demand for, crude and refined he- lium; (2) a description of a 20-year Federal strat- egy for securing access to helium; (3) a determination of a date prior to Sep- tember 30, 2021, for the implementation of Phase D as described in section 167d(d) of this title that minimizes any potential supply dis- ruptions for Federal users; (4) an assessment of the effects of increases in the price of refined helium and methods and policies for mitigating any determined effects; and (5) a description of a process for prioritization of uses that accounts for dimin- ished availability of helium supplies that may occur over time. (Mar. 3, 1925, ch. 426, § 19, as added Pub. L. 113–40, § 6(3), Oct. 2, 2013, 127 Stat. 544.) CHAPTER 11—ACQUISITION OF AND EX- PENDITURES ON LAND FOR NATIONAL-DE- FENSE PURPOSES §§ 171, 171–1. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641 Section 171, acts Aug. 18, 1890, ch. 797, § 1, 26 Stat. 316; July 2, 1917, ch. 35, 40 Stat. 241; Apr. 11, 1918, ch. 51, 40 Stat. 518, authorized Secretary of War to institute con- demnation proceedings for acquisition of land, to pur- chase land, and to accept donations of land. See section 2663 of Title 10, Armed Forces. Section 171–1, act Oct. 25, 1951, ch. 563, § 101, 65 Stat. 641, granted certain condemnation authority to Sec- retary of Navy. See sections 2663 and 2668 of Title 10. § 171a. Omitted Editorial N

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