33 U.S.C. § 1416 — Relationship to other laws
submitted 54 years ago by Pub. L. 92-532 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 589 words · no verdicts yet
Older licenses and authorizations for ocean dumping activities covered by this subchapter are generally void, with stated exceptions. The section protects navigation, preserves some state authority, addresses Long Island Sound dredged material, and preserves damage and enforcement claims.
(a) After this subchapter takes effect, any other license, permit, or authorization that claims to allow an activity regulated by this subchapter is void, whether issued before or after that date.
(b) This does not affect actions taken before the effective date under the amended Rivers and Harbors Act of 1899.
(c) Before issuing a permit, if the Administrator thinks disposing of material other than dredged material could harm navigation in United States territorial waters or harbor approaches, or could create an artificial island on the Outer Continental Shelf, the Administrator must consult the Secretary. No permit may issue if the Secretary finds navigation would be unreasonably impaired.
(d) (1) Except as this subsection expressly says, a State may adopt or enforce requirements for dumping materials into ocean waters within its jurisdiction. (2) For a Federal project, a State may not impose a stricter requirement if the Administrator finds it lacks relevant scientific support for protecting human health, aquatic resources, or the environment; is arbitrary or capricious; or is not applied to all projects regardless of Federal, State, or private participation, and the Secretary of the Army agrees. (3) The President may exempt a Federal project from a State dumping requirement when doing so is in the paramount interest of the United States. (4) A State must apply its dumping requirements without considering where the material came from.
(e) This subchapter does not affect any provision of the amended Fish and Wildlife Coordination Act.
(f) Despite the dredged-material exclusion in section 1412(a), dredged material dumped in Long Island Sound from a Federal project, under Federal authorization, or from a non-Federal dredging project exceeding 25,000 cubic yards must comply with this subchapter.
(g) This Act does not limit anyone’s right to seek damages or enforce a State-law standard or limitation, including State common law, or to seek damages under another Federal law, including maritime tort law, for noncompliance with this Act or a permit.
After the effective date of this subchapter, all licenses, permits, and authorizations other than those issued pursuant to this subchapter shall be void and of no legal effect, to the extent that they purport to authorize any activity regulated by this subchapter, and whether issued before or after the effective date of this subchapter.
The provisions of subsection (a) shall not apply to actions taken before the effective date of this subchapter under the authority of the Rivers and Harbors Act of 1899 (30 Stat. 1151), as amended (33 U.S.C. 401 et seq.).
Prior to issuing any permit under this subchapter, if it appears to the Administrator that the disposition of material, other than dredged material, may adversely affect navigation in the territorial sea of the United States, or in the approaches to any harbor of the United States, or may create an artificial island on the Outer Continental Shelf, the Administrator shall consult with the Secretary and no permit shall be issued if the Secretary determines that navigation will be unreasonably impaired.
Except as expressly provided in this subsection, nothing in this subchapter shall preclude or deny the right of any State to adopt or enforce any requirements respecting dumping of materials into ocean waters within the jurisdiction of the State.
In the case of a Federal project, a State may not adopt or enforce a requirement that is more stringent than a requirement under this subchapter if the Administrator finds that such requirement—
is not supported by relevant scientific evidence showing the requirement to be protective of human health, aquatic resources, or the environment;
is arbitrary or capricious; or
is not applicable or is not being applied to all projects without regard to Federal, State, or private participation and the Secretary of the Army concurs in such finding.
The President may exempt a Federal project from any State requirement respecting dumping of materials into ocean waters if it is in the paramount interest of the United States to do so.
Any requirement respecting dumping of materials into ocean waters applied by a State shall be applied without regard to the site of origin of the material to be dumped.
Nothing in this subchapter shall be deemed to affect in any manner or to any extent any provision of the Fish and Wildlife Coordination Act as amended (16 U.S.C. 661–666c).
In addition to other provisions of law and not withstanding the specific exclusion relating to dredged material in the first sentence in section 1412(a) of this title, the dumping of dredged material in Long Island Sound from any Federal project (or pursuant to Federal authorization) or from a dredging project by a non-Federal applicant exceeding 25,000 cubic yards shall comply with the requirements of this subchapter.
Nothing in this Act shall restrict, affect or modify the rights of any person (1) to seek damages or enforcement of any standard or limitation under State law, including State common law, or (2) to seek damages under other Federal law, including maritime tort law, resulting from noncompliance with any requirement of this Act or any permit under this Act.
Source credit: (Pub. L. 92–532, title I, § 106, Oct. 23, 1972, 86 Stat. 1058; Pub. L. 96–572, § 4, Dec. 22, 1980, 94 Stat. 3345; Pub. L. 99–499, title I, § 127(d), Oct. 17, 1986, 100 Stat. 1693; Pub. L. 101–596, title II, § 203, Nov. 16, 1990, 104 Stat. 3006; Pub. L. 102–580, title V, § 505, Oct. 31, 1992, 106 Stat. 4867.)
- 1972Enacted · Pub. L. 92-532 · 86 Stat. 1058
- 1980Amended · Pub. L. 96-572 · 94 Stat. 3345
- 1986Amended · Pub. L. 99-499 · 100 Stat. 1693
- 1990Amended · Pub. L. 101-596 · 104 Stat. 3006
- 1992Amended · Pub. L. 102-580 · 106 Stat. 4867
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-532 on 1972-10-23.
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