§ 408. — Taking possession of, use of, or injury to harbor or river improvements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC408]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 408. Taking possession of, use of, or injury to harbor or
river improvements
It shall not be lawful for any person or persons to take possession
of or make use of for any purpose, or build upon, alter, deface,
destroy, move, injure, obstruct by fastening vessels thereto or
otherwise, or in any manner whatever impair the usefulness of any sea
wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by
the United States, or any piece of plant, floating or otherwise, used in
the construction of such work under the control of the United States, in
whole or in part, for the preservation and improvement of any of its
navigable waters or to prevent floods, or as boundary marks, tide
gauges, surveying stations, buoys, or other established marks, nor
remove for ballast or other purposes any stone or other material
composing such works: Provided, That the Secretary of the Army may, on
the recommendation of the Chief of Engineers, grant permission for the
temporary occupation or use of any of the aforementioned public works
when in his judgment such occupation or use will not be injurious to the
public interest: Provided further, That the Secretary may, on the
recommendation of the Chief of Engineers, grant permission for the
alteration or permanent occupation or use of any of the aforementioned
public works when in the judgment of the Secretary such occupation or
use will not be injurious to the public interest and will not impair the
usefulness of such work.
(Mar. 3, 1899, ch. 425, Sec. 14, 30 Stat. 1152; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501; Pub. L. 99-88, title I, Sec. 100,
Aug. 15, 1985, 99 Stat. 315.)
Codification
Section is from act Mar. 3, 1899, popularly known as the ``Rivers
and Harbors Appropriation Act of 1899''.
Prior Provisions
Section superseded act Sept. 19, 1890, ch. 907, Sec. 9, 26 Stat.
426, which prohibited persons taking possession of or using or injuring
government works in navigable waters.
Act Aug. 14, 1876, ch. 267, Sec. 3, 19 Stat. 139, penalizing persons
injuring any pier breakwater, or other work of the United States for the
improvement of rivers or harbors or navigation, was probably omitted
from the Code as superseded by this section.
Amendments
1985--Pub. L. 99-88 inserted further proviso empowering Secretary,
on recommendation of Chief of Engineers, to grant permission for
alteration or permanent occupation or use of any of public works
mentioned in this section when in judgment of Secretary such occupation
or use will not be injurious to public interest and will not impair
usefulness of such work.
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 411, 412, 413, 418, 702i of
this title.
