§ 406. — Penalty for wrongful construction of bridges, piers, etc.; removal of structures.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 33USC406]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 406. Penalty for wrongful construction of bridges, piers,
etc.; removal of structures
Every person and every corporation that shall violate any of the
provisions of sections 401, 403, and 404 of this title or any rule or
regulation made by the Secretary of the Army in pursuance of the
provisions of section 404 of this title shall be deemed guilty of a
misdemeanor, and on conviction thereof shall be punished by a fine not
exceeding $2,500 nor less than $500, or by imprisonment (in the case of
a natural person) not exceeding one year, or by both such punishments,
in the discretion of the court. And further, the removal of any
structures or parts of structures erected in violation of the provisions
of the said sections may be enforced by the injunction of any district
court exercising jurisdiction in any district in which such structures
may exist, and proper proceedings to this end may be instituted under
the direction of the Attorney General of the United States.
(Mar. 3, 1899, ch. 425, Sec. 12, 30 Stat. 1151; Feb. 20, 1900, ch. 23,
Sec. 2, 31 Stat. 32; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167;
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''.
Amendments
1911--Act Mar. 3, 1911, transferred to the District Courts the
enforcement powers formerly lodged in the Circuit Courts.
1900--Act Feb. 20, 1900, substituted ``section eleven'' for
``section fourteen'' where first appearing, which for codification
purposes, was translated as ``section 404 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act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.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.
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, which created Department
of Transportation. 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 412, 413, 418 of this title.
