§ 1417. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1417]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 27--OCEAN DUMPING
SUBCHAPTER I--REGULATION
Sec. 1417. Enforcement
(a) Utilization of other departments, agencies, and instrumentalities
The Administrator or the Secretary, as the case may be, may,
whenever appropriate, utilize by agreement, the personnel, services and
facilities of other Federal departments, agencies, and
instrumentalities, or State agencies or instrumentalities, whether on a
reimbursable or a nonreimbursable basis, in carrying out his
responsibilities under this subchapter.
(b) Delegation of review and evaluation authority
The Administrator or the Secretary may delegate responsibility and
authority for reviewing and evaluating permit applications, including
the decision as to whether a permit will be issued, to an officer of his
agency, or he may delegate, by agreement, such responsibility and
authority to the heads of other Federal departments or agencies, whether
on a reimbursable or nonreimbursable basis.
(c) Surveillance and other enforcement activity
The Secretary of the department in which the Coast Guard is
operating shall conduct surveillance and other appropriate enforcement
activity to prevent unlawful transportation of material for dumping, or
unlawful dumping. Such enforcement activity shall include, but not be
limited to, enforcement of regulations issued by him pursuant to section
1418 of this title, relating to safe transportation, handling, carriage,
storage, and stowage. The Secretary of the Department in which the Coast
Guard is operating shall supply to the Administrator and to the Attorney
General, as appropriate, such information of enforcement activities and
such evidentiary material assembled as they may require in carrying out
their duties relative to penalty assessments, criminal prosecutions, or
other actions involving litigation pursuant to the provisions of this
subchapter.
(Pub. L. 92-532, title I, Sec. 107, Oct. 23, 1972, 86 Stat. 1059.)
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.