§ 1. — Regulations by Secretary of the Army for navigation of waters generally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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 protection 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
regulations shall be posted, in conspicuous and appropriate 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 punished by a fine not exceeding $500, or
by imprisonment (in the case of a natural person) not exceeding 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, Sec. 4, 28 Stat. 362; June 13, 1902, ch. 1079,
Secs. 6, 11, 32 Stat. 374; Aug. 8, 1917, ch. 49, Sec. 7, 40 Stat. 266;
July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)
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As originally enacted, said section 4 made it the duty of the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 regulations 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
provided for the posting of such regulations and the punishment 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 vessels and other water craft in any public navigable channel which
had been improved under authority of Congress, whenever in his judgment
such regulations were necessary to protect such improved channel from
injury or to prevent interference with the operations of the United
States in improving navigable waters or injury to any plant that might
be employed in such operations.
Section 4 was also amended by section 7 of act Aug. 8, 1917, to read
as set forth in the first paragraph hereof.
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.
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary 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, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative 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 waters under particular laws of the United States
are set out in chapter I, subchapter A, part 2, of Title 33, Navigation
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
decisions.
