§ 1401. — Congressional finding, policy, and declaration of purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1401]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27--OCEAN DUMPING
Sec. 1401. Congressional finding, policy, and declaration of
purpose
(a) Dangers of unregulated dumping
Unregulated dumping of material into ocean waters endangers human
health, welfare, and amenities, and the marine environment, ecological
systems, and economic potentialities.
(b) Policy of regulation and prevention or limitation
The Congress declares that it is the policy of the United States to
regulate the dumping of all types of materials into ocean waters and to
prevent or strictly limit the dumping into ocean waters of any material
which would adversely affect human health, welfare, or amenities, or the
marine environment, ecological systems, or economic potentialities.
(c) Regulation of dumping and transportation for dumping purposes
It is the purpose of this Act to regulate (1) the transportation by
any person of material from the United States and, in the case of United
States vessels, aircraft, or agencies, the transportation of material
from a location outside the United States, when in either case the
transportation is for the purpose of dumping the material into ocean
waters, and (2) the dumping of material transported by any person from a
location outside the United States, if the dumping occurs in the
territorial sea or the contiguous zone of the United States.
(Pub. L. 92-532, Sec. 2, Oct. 23, 1972, 86 Stat. 1052; Pub. L. 93-254,
Sec. 1(1), Mar. 22, 1974, 88 Stat. 50.)
References in Text
This Act, referred to in subsec. (c), means Pub. L. 92-532, which is
classified generally to this chapter, chapter 41 (Sec. 2801 et seq.) of
this title, and chapters 32 (Sec. 1431 et seq.) and 32A (Sec. 1447 et
seq.) of Title 16, Conservation.
Amendments
1974--Subsec. (b). Pub. L. 93-254 struck out statement of the
purpose of this Act as being the regulation of transportation of
material from the United States for dumping into ocean waters, and the
dumping of material, transported from outside the United States, if the
dumping occurs in ocean waters over which the United States has
jurisdiction or over which it may exercise control, under accepted
principles of international law, in order to protect its territory or
territorial sea, now covered by subsec. (c) of this section.
Subsec. (c). Pub. L. 93-254 added subsec. (c).
Effective Date of 1974 Amendment
Section 2 of Pub. L. 93-254 provided in part that amendment of
subsecs. (b) and (c) of this section and sections 1402, 1411, and
1412(a), other than last sentence of subsec. (a), of this title, by Pub.
L. 93-254 shall become effective Mar. 22, 1974.
Short Title of 1988 Amendment
Pub. L. 100-688, title I, Sec. 1001, Nov. 18, 1988, 102 Stat. 4139,
provided that: ``This title [enacting sections 1414b and 1414c of this
title, amending sections 1268, 1412a, and 1414a of this title, and
amending provisions set out as a note under section 2267 of this title]
may be cited as the `Ocean Dumping Ban Act of 1988'.''
Short Title
Section 1 of Pub. L. 92-532 provided: ``That this Act [enacting this
chapter, chapter 41 (Sec. 2801 et seq.) of this title, and chapters 32
(Sec. 1431 et seq.) and 32A (Sec. 1447 et seq.) of Title 16,
Conservation] may be cited as the `Marine Protection, Research, and
Sanctuaries Act of 1972'.''
Territorial Sea and Contiguous Zone of United States
For extension of territorial sea and contiguous zone of United
States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as
notes under section 1331 of Title 43, Public Lands.
Environmental Effects Abroad of Major Federal Actions
For provisions relating to environmental effects abroad of major
federal actions, see Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R. 1957, set
out as a note under section 4321 of Title 42, The Public Health and
Welfare.
Federal Compliance With Pollution Control Standards
For provisions relating to the responsibility of the head of each
Executive agency for compliance with applicable pollution control
standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out
as a note under section 4321 of Title 42, The Public Health and Welfare.
Act Referred to in Other Sections
The Marine Protection, Research, and Sanctuaries Act of 1972 is
referred to in sections 1269, 1345, 1503, 2602, 2622 of this title;
title 42 sections 6905, 9621, 10104.
