[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC413]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 413. Duty of United States attorneys and other Federal
officers in enforcement of provisions; arrest of offenders
The Department of Justice shall conduct the legal proceedings
necessary to enforce the provisions of sections 401, 403, 404, 406, 407,
408, 409, 411, and 412 of this title; and it shall be the duty of United
States attorneys to vigorously prosecute all offenders against the same
whenever requested to do so by the Secretary of the Army or by any of
the officials hereinafter designated, and it shall furthermore be the
duty of said United States attorneys to report to the Attorney General
of the United States the action taken by him against offenders so
reported, and a transcript of such reports shall be transmitted to the
Secretary of the Army by the Attorney General; and for the better
enforcement of the said provisions and to facilitate the detection and
bringing to punishment of such offenders, the officers and agents of the
United States in charge of river and harbor improvements, and the
assistant engineers and inspectors employed under them by authority of
the Secretary of the Army, and the United States collectors of customs
and other revenue officers shall have power and authority to swear out
process, and to arrest and take into custody, with or without process,
any person or persons who may commit any of the acts or offenses
prohibited by the said sections, or who may violate any of the
provisions of the same: Provided, That no person shall be arrested
without process for any offense not committed in the presence of some
one of the aforesaid officials: And provided further, That whenever any
arrest is made under such sections, the person so arrested shall be
brought forthwith before a magistrate judge, judge, or court of the
United States for examination of the offenses alleged against him; and
such magistrate judge, judge, or court shall proceed in respect thereto
as authorized by law in case of crimes against the United States.
(Mar. 3, 1899, ch. 425, Sec. 17, 30 Stat. 1153; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501; June 25, 1948, ch. 646, Sec. 1, 62
Stat. 909; Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82
Stat. 1118; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104
Stat. 5117.)
Codification
Section is from act Mar. 3, 1899, popularly known as the ``Rivers
and Harbors Appropriation Act of 1899''.
Prior Provisions
Act Sept. 19, 1890, ch. 907, Sec. 11, 26 Stat. 455, was probably
omitted from the Code as superseded by this section, or as rendered
obsolete by act March 3, 1899, different sections of which superseded
provisions of the act of 1890, the enforcement of which was provided for
by section 11. It read as follows: ``It shall be the duty of officers
and agents having the supervision, on the part of the United States, of
the works in progress for the preservation and improvement of said
navigable waters, and, in their absence, of the United States collectors
of customs and other revenue officers to enforce the provisions of this
act by giving information to the district attorney of the United States
for the district in which any violation of any provision of this act
shall have been committed: Provided, That the provisions of this act
shall not apply to Torch Lake, Houghton County, Michigan.''
Change of Name
Act June 25, 1948, eff. Sept. 1, 1948, substituted ``United States
attorneys'' for ``district attorneys of the United States'' and
``district attorneys''. See section 541 of Title 28, Judiciary and
Judicial Procedure, and Historical and Revision Notes set out
thereunder.
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.
``Magistrate judge'' substituted in text for ``magistrate'' pursuant
to section 321 of Pub. L. 101-650, set out as a note under section 631
of Title 28, Judiciary and Judicial Procedure. Previously,
``magistrate'' was substituted for ``commissioner'' pursuant to Pub. L.
90-578. See chapter 43 (Sec. 631 et seq.) of Title 28.
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).
All offices of collector of customs, comptroller of customs,
surveyor of customs, and appraiser of merchandise in Bureau of Customs
of Department of the Treasury to which appointments required to be made
by President with advice and consent of Senate were ordered abolished
with such offices to be terminated not later than Dec. 31, 1966, by
Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat.
1317, set out in the Append
