§ 81. — Aids to navigation authorized.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC81]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 5--FUNCTIONS AND POWERS
Sec. 81. Aids to navigation authorized
In order to aid navigation and to prevent disasters, collisions, and
wrecks of vessels and aircraft, the Coast Guard may establish, maintain,
and operate:
(1) aids to maritime navigation required to serve the needs of
the armed forces or of the commerce of the United States;
(2) aids to air navigation required to serve the needs of the
armed forces of the United States peculiar to warfare and primarily
of military concern as determined by the Secretary of Defense or the
Secretary of any department within the Department of Defense and as
required by any of those officials; and
(3) electronic aids to navigation systems (a) required to serve
the needs of the armed forces of the United States peculiar to
warfare and primarily of military concern as determined by the
Secretary of Defense or any department within the Department of
Defense; or (b) required to serve the needs of the maritime commerce
of the United States; or (c) required to serve the needs of the air
commerce of the United States as requested by the Administrator of
the Federal Aviation Administration.
These aids to navigation other than electronic aids to navigation
systems shall be established and operated only within the United States,
the waters above the Continental Shelf, the territories and possessions
of the United States, the Trust Territory of the Pacific Islands, and
beyond the territorial jurisdiction of the United States at places where
naval or military bases of the United States are or may be located. The
Coast Guard may establish, maintain, and operate aids to maritime
navigation under paragraph (1) of this section by contract with any
person, public body, or instrumentality.
(Aug. 4, 1949, ch. 393, 63 Stat. 500; June 22, 1951, ch. 150, 65 Stat.
89; Sept. 3, 1954, ch. 1263, Sec. 30, 68 Stat. 1237; Pub. L. 85-726,
title XIV, Sec. 1404, Aug. 23, 1958, 72 Stat. 808; Pub. L. 89-662,
Sec. 1, Oct. 14, 1966, 80 Stat. 912; Pub. L. 94-546, Sec. 1(3), Oct. 18,
1976, 90 Stat. 2519; Pub. L. 97-322, title I, Sec. 105(a), Oct. 15,
1982, 96 Stat. 1582.)
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed.; Secs. 50m, 50o, and on title
33, U.S.C., 1946 ed., Secs. 720, 720a, 739, 740, 740a, 740b, 769 (R.S.
4668; June 23, 1874, ch. 455, Sec. 1, 18 Stat. 220; June 17, 1910, ch.
301, Sec. 7, 36 Stat. 538; Mar. 3, 1915, ch. 81, Sec. 5, 38 Stat. 927;
Aug. 28, 1916, ch. 414, Sec. 3, 39 Stat. 538; May 22, 1926, ch. 371,
Sec. 6, 44 Stat. 626; Feb. 25, 1925, ch. 313, Sec. 3, 45 Stat. 1262;
Aug. 16, 1937, ch. 665, Sec. 3, 50 Stat. 667; June 26, 1948, ch. 672,
Secs. 1, 3, 62 Stat. 1050).
Changes were made in phraseology. 81st Congress, House Report No.
557.
Amendments
1982--Pub. L. 97-322 authorized the Coast Guard to contractually
establish, maintain, and operate aids to maritime navigation.
1976--Pub. L. 94-546 substituted ``Federal Aviation Administration''
for ``Federal Aviation Agency'' in cl. (3)(c).
1966--Pub. L. 89-662 expanded authorization for establishment,
maintenance, and operation of aids to air navigation and electronic aids
to navigation systems required to serve the needs of the armed forces to
include needs peculiar to warfare and primarily of military concern as
determined by the Secretary of Defense or the Secretary of any
department within the Department of Defense, substituted ``electronic
aids to navigation systems'' for ``Loran stations'', and altered the
list of locations where aids to navigation other than electronic aids to
navigation could be located by adding the waters above the Continental
Shelf and by striking out places where such aids to navigation had been
established prior to June 26, 1948.
1958--Pub. L. 85-726 substituted ``Administrator of the Federal
Aviation Agency'' for ``Administrator of Civil Aeronautics''.
1954--Act Sept. 3, 1954, substituted ``Department of Defense'' for
``National Military Establishment''.
1951--Act June 22, 1951, extended Coast Guard's authority to include
the Trust Territory of the Pacific Islands.
Effective Date of 1958 Amendment
Section 1505(2) of Pub. L. 85-726, title XV, Aug. 23, 1958, 72 Stat.
810, provided that the amendment made by Pub. L. 85-726 is effective on
60th day following date on which Administrator of Federal Aviation
Agency [Federal Aviation Administration] first appointed under Pub. L.
85-726 qualifies and takes office. Administrator appointed, qualified,
and took office on Oct. 31, 1958.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Aids to Navigation Report
Pub. L. 105-383, title II, Sec. 208, Nov. 13, 1998, 112 Stat. 3416,
provided that: ``Not later than 18 months after the date of the
enactment of this Act [Nov. 13, 1998], the Commandant of the Coast Guard
shall submit to Congress a report on the use of the Coast Guard's aids
to navigation system. The report shall include an analysis of the
respective use of the aids to navigation system by commercial interests,
members of the general public for personal recreation, Federal and State
government for public safety, defense, and other similar purposes. To
the extent practicable within the time allowed, the report shall include
information regarding degree of use of the various portions of the
system.''
Report to Congress; Contractual Authority; Increase in Ratio of Civilian
to Military Employees
Section 105(b) of Pub. L. 97-322 provided that: ``Not later than one
year after the date of enactment of this title [Oct. 15, 1982], the
Secretary of the department in which the Coast Guard is operating shall
submit a report to the Congress evaluating--
``(1) the exercise by contract of the authority of the Coast
Guard under section 81 of title 14, United States Code, to
establish, maintain, and operate aids to navigation, including a
discussion of any problems involved in exercising such authority by
contract, the reasons for exercising or failing to exercise such
authority by contract in particular areas, and the feasibility of
expanding the exercise of such authority by contract; and
``(2) the advantages and disadvantages of increasing the ratio
of civilian to military employees assigned to the establishment,
maintenance, and operation of aids to navigation on the inland
waterways of the United States.''
Contractual Authority Dependent Upon Availability of Appropriated Funds
Section 105(c) of Pub. L. 97-322 provided that: ``Any authority to
enter into contracts provided in this section [amending this section and
enacting provision set out as Report to Congress note under this
section] shall be available only to the extent that appropriated funds
are available for that purpose.''
Ex. Ord. No. 7521. Use of Vessels for Ice-Breaking Operations in
Channels and Harbors
Ex. Ord. No. 7521, Dec. 21, 1936, 1 F.R. 2527, provided:
1. The Coast Guard, operating under the direction of the Secretary
of the Treasury, is hereby directed to assist in keeping open to
navigation by means of ice-breaking operations, in so far as practicable
and as the exigencies may require, channels and harbors in accordance
with the reasonable demands of commerce; and to use for that purpose
such vessels subject to its control and jurisdiction or which may be
made available to it under paragraph 2 hereof as are necessary and are
reasonably suitable for such operations.
2. The Secretary of War [Army], the Secretary of the Navy, and the
Secretary of Commerce are hereby directed to cooperate with the Coast
Guard in such ice-breaking operations, and to furnish the Coast Guard,
upon the request of the Commandant thereof, for this service such
vessels under their jurisdiction and control as in the opinion of the
Commandant, with the concurrence of the head of the Department
concerned, are available and are, or may readily be made, suitable for
this service.
Section Referred to in Other Sections
This section is referred to in section 84 of this title.
