§ 404. — Establishment of harbor lines; conditions to grants for extension of piers, etc.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC404]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 404. Establishment of harbor lines; conditions to grants
for extension of piers, etc.
Where it is made manifest to the Secretary of the Army that the
establishment of harbor lines is essential to the preservation and
protection of harbors he may, and is, authorized to cause such lines to
be established, beyond which no piers, wharves, bulkheads, or other
works shall be extended or deposits made, except under such regulations
as may be prescribed from time to time by him: Provided, That, whenever
the Secretary of the Army grants to any person or persons permission to
extend piers, wharves, bulkheads, or other works, or to make deposits in
any tidal harbor or river of the United States beyond any harbor lines
established under authority of the United States, he shall cause to be
ascertained the amount of tidewater displaced by any such structure or
by any such deposits, and he shall, if he deem it necessary, require the
parties to whom the permission is given to make compensation for such
displacement either by excavating in some part of the harbor, including
tidewater channels between high and low water mark, to such an extent as
to create a basin for as much tidewater as may be displaced by such
structure or by such deposits, or in any other mode that may be
satisfactory to him.
(Mar. 3, 1899, ch. 425, Sec. 11, 30 Stat. 1151; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501.)
Codification
Section is from act Mar. 3, 1899, popularly known as the ``Rivers
and Harbors Appropriation Act of 1899''.
Prior Provisions
This section and section 406 of this title, superseded act Aug. 11,
1888, ch. 860, Sec. 12, 25 Stat. 425, as amended by act Sept. 19, 1890,
ch. 907, Sec. 12, 26 Stat. 455, which authorized the establishment of
harbor lines, and prescribed a penalty for a violation of the section or
any rule made in pursuance of it.
Section also superseded act Aug. 18, 1894, ch. 299, Sec. 9, 28 Stat.
364, which contained provisions for compensation for tide water
displaced similar to the proviso in this section.
Act Aug. 5, 1886, ch. 929, Sec. 2, 24 Stat. 329, which was probably
omitted from the Code as superseded by this section, provided that: ``In
places where harbor-lines have not been established, and where deposits
of debris of mines or stamp works can be made without injury to
navigation, within lines to be established by the Secretary of War, said
officer may, and is hereby authorized to, cause such lines to be
established; and within such lines such deposits may be made, under
regulations to be from time to time prescribed by him.''
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.
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other
offices and officers of Department of the Army under section 401 of this
title to extent that they relate generally to location and clearances of
bridges and causeways in navigable waters of United States transferred
to and vested in Secretary of Transportation by Pub. L. 89-670,
Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended
section 401 of this title to reflect transfer made by section 6(g)(6)(A)
of Pub. L. 89-670, and repealed section 6(g)(6)(A).
Section Referred to in Other Sections
This section is referred to in sections 405, 406, 412, 413, 418 of
this title.
