§ 419. — Regulation by Secretary governing transportation and dumping of dredgings, refuse, etc., into navigable waters; oyster lands; appropriations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC419]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER I--IN GENERAL
Sec. 419. Regulation by Secretary governing transportation and
dumping of dredgings, refuse, etc., into navigable waters;
oyster lands; appropriations
The Secretary of the Army is authorized and empowered to prescribe
regulations to govern the transportation and dumping into any navigable
water, or waters adjacent thereto, of dredgings, earth, garbage, and
other refuse materials of every kind or description, whenever in his
judgment such regulations are required in the interest of navigation.
Such regulations shall be posted in conspicuous and appropriate places
for the information of the public; and every person or corporation which
shall violate the said regulations, or any of them, shall be deemed
guilty of a misdemeanor and shall be subject to the penalties prescribed
in sections 411 and 412 of this title, for violation of the provisions
of section 407 of this title: Provided, That any regulations made in
pursuance hereof may be enforced as provided in section 413 of this
title, the provisions whereof are made applicable to the said
regulations: Provided further, That this section shall not apply to any
waters within the jurisdictional boundaries of any State which are now
or may hereafter be used for the cultivation of oysters under the laws
of such State, except navigable channels which have been or may
hereafter be improved by the United States, or to be designated as
navigable channels by competent authority, and in making such
improvements of channels, the material dredged shall not be deposited
upon any ground in use in accordance with the laws of such State for the
cultivation of oysters, except in compliance with said laws: And
provided further, That any expense necessary in executing this section
may be paid from funds available for the improvement of the harbor or
waterway, for which regulations may be prescribed, and in case no such
funds are available the said expense may be paid from appropriations
made by Congress for examinations, surveys, and contingencies of rivers
and harbors.
(Mar. 3, 1905, ch. 1482, Sec. 4, 33 Stat. 1147; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501.)
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).
