§ 1416. — Relationship to other laws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1416]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27--OCEAN DUMPING
SUBCHAPTER I--REGULATION
Sec. 1416. Relationship to other laws
(a) Voiding of preexisting licenses
After the effective date of this subchapter, all licenses, permits,
and authorizations other than those issued pursuant to this subchapter
shall be void and of no legal effect, to the extent that they purport to
authorize any activity regulated by this subchapter, and whether issued
before or after the effective date of this subchapter.
(b) Actions under authority of Rivers and Harbors Act
The provisions of subsection (a) of this section shall not apply to
actions taken before the effective date of this subchapter under the
authority of the Rivers and Harbors Act of 1899 (30 Stat. 1151), as
amended (33 U.S.C. 401 et seq.).
(c) Impairment of navigation
Prior to issuing any permit under this subchapter, if it appears to
the Administrator that the disposition of material, other than dredged
material, may adversely affect navigation in the territorial sea of the
United States, or in the approaches to any harbor of the United States,
or may create an artificial island on the Outer Continental Shelf, the
Administrator shall consult with the Secretary and no permit shall be
issued if the Secretary determines that navigation will be unreasonably
impaired.
(d) State programs
(1) State rights preserved
Except as expressly provided in this subsection, nothing in this
subchapter shall preclude or deny the right of any State to adopt or
enforce any requirements respecting dumping of materials into ocean
waters within the jurisdiction of the State.
(2) Federal projects
In the case of a Federal project, a State may not adopt or
enforce a requirement that is more stringent than a requirement
under this subchapter if the Administrator finds that such
requirement--
(A) is not supported by relevant scientific evidence showing
the requirement to be protective of human health, aquatic
resources, or the environment;
(B) is arbitrary or capricious; or
(C) is not applicable or is not being applied to all
projects without regard to Federal, State, or private
participation and the Secretary of the Army concurs in such
finding.
(3) Exemption from State requirements
The President may exempt a Federal project from any State
requirement respecting dumping of materials into ocean waters if it
is in the paramount interest of the United States to do so.
(4) Consideration of site of origin prohibited
Any requirement respecting dumping of materials into ocean
waters applied by a State shall be applied without regard to the
site of origin of the material to be dumped.
(e) Existing conservation programs not affected
Nothing in this subchapter shall be deemed to affect in any manner
or to any extent any provision of the Fish and Wildlife Coordination Act
as amended (16 U.S.C. 661-666c).
(f) Dumping of dredged material in Long Island Sound from any Federal,
etc., project
In addition to other provisions of law and not withstanding the
specific exclusion relating to dredged material in the first sentence in
section 1412(a) of this title, the dumping of dredged material in Long
Island Sound from any Federal project (or pursuant to Federal
authorization) or from a dredging project by a non-Federal applicant
exceeding 25,000 cubic yards shall comply with the requirements of this
subchapter.
(g) Savings clause
Nothing in this Act shall restrict, affect or modify the rights of
any person (1) to seek damages or enforcement of any standard or
limitation under State law, including State common law, or (2) to seek
damages under other Federal law, including maritime tort law, resulting
from noncompliance with any requirement of this Act or any permit under
this Act.
(Pub. L. 92-532, title I, Sec. 106, Oct. 23, 1972, 86 Stat. 1058; Pub.
L. 96-572, Sec. 4, Dec. 22, 1980, 94 Stat. 3345; Pub. L. 99-499, title
I, Sec. 127(d), Oct. 17, 1986, 100 Stat. 1693; Pub. L. 101-596, title
II, Sec. 203, Nov. 16, 1990, 104 Stat. 3006; Pub. L. 102-580, title V,
Sec. 505, Oct. 31, 1992, 106 Stat. 4867.)
References in Text
The effective date of this subchapter, referred to in subsecs. (a)
and (b), means the effective date of title I of Pub. L. 92-532, which is
six months after Oct. 23, 1972. See section 110(a) of Pub. L. 92-532,
set out as an Effective Date note under section 1411 of this title.
The Rivers and Harbors Act of 1899, referred to in subsec. (b), is
act Mar. 3, 1899, ch. 425, 30 Stat. 1151, as amended, which enacted
sections 401, 403, 404, 406 to 409, 411 to 416, 418, 502, 549, 686, and
687 of this title. For complete classification of this Act to the Code,
see Tables.
The Fish and Wildlife Coordination Act referred to in subsec. (e),
is act Mar. 10, 1934, ch. 55, 48 Stat. 401, as amended, which is
classified generally to sections 661 to 666c of Title 16, Conservation.
For complete classification of this Act to the Code, see Short Title
note set out under section 661 of Title 16 and Tables.
This Act, referred to in subsec. (g), 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.
Amendments
1992--Subsec. (d). Pub. L. 102-580 amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows: ``After the effective
date of this subchapter, no State shall adopt or enforce any rule or
regulation relating to any activity regulated by this subchapter. Any
State may, however, propose to the Administrator criteria relating to
the dumping of materials into ocean waters within its jurisdiction, or
into other ocean waters to the extent that such dumping may affect
waters within the jurisdiction of such State, and if the Administrator
determines, after notice and opportunity for hearing, that the proposed
criteria are not inconsistent with the purposes of this subchapter, may
adopt those criteria and may issue regulations to implement such
criteria. Such determination shall be made by the Administrator within
one hundred and twenty days of receipt of the proposed criteria. For the
purposes of this subsection, the term `State' means any State,
interstate or regional authority, Federal territory or Commonwealth or
the District of Columbia.''
1990--Subsec. (f). Pub. L. 101-596, which directed the substitution
of ``the requirements of this subchapter'' for all after ``shall comply
with'' in ``subsection 116(g) of the Marine Protection Research and
Sanctuaries Act (33 U.S.C. 1416(g))'', was executed by making the
substitution for ``the criteria established pursuant to the second
sentence of section 1412(a) of this title relating to the effects of
dumping. Subsection (d) of this section shall not apply to this
subsection.'' which followed ``shall comply with'' in section 106(f) of
the Marine Protection Research and Sanctuaries Act of 1972, which is
classified to subsec. (f) of this section, to reflect the probable
intent of Congress.
1986--Subsec. (g). Pub. L. 99-499 added subsec. (g).
1980--Subsec. (f). Pub. L. 96-572 added subsec. (f).
Territorial Sea of United States
For extension of territorial sea of United States, see Proc. No.
5928, set out as a note under section 1331 of Title 43, Public Lands.
