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33 U.S.C. § 419Regulation by Secretary governing transportation and dumping of dredgings, refuse, etc., into navigable waters; oyster lands; appropriations

submitted 121 years ago by ch. 1482 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 310 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Secretary of the Army regulate dumping of dredged material into navigable waters. Breaking these rules is a misdemeanor with penalties matching a related dumping law. The rules generally exempt state-licensed oyster beds, except in improved navigation channels.

The Secretary of the Army may write regulations controlling how dredgings, earth, garbage, and other refuse are transported and dumped into any navigable water, or waters next to one, whenever the Secretary judges this necessary for navigation. These regulations must be posted publicly, in visible and appropriate places, so the public can see them. Anyone - a person or a corporation - who violates these regulations is guilty of a misdemeanor, facing the same penalties (in sections 411 and 412) used for violating a related dumping rule in section 407. These regulations can also be enforced the same way as that other law, through section 413, which applies here too. There's an exception: this section doesn't apply to waters inside a state's jurisdiction that are currently used, or may later be used, for growing oysters under that state's laws - except for navigable channels the United States has improved, is improving, or later designates as navigable by proper authority. Even when the U.S. improves such a channel, the dredged material can't be dumped on ground a state has licensed for oyster farming, unless doing so follows that state's own oyster laws. Money needed to carry out this section comes from whatever funds are available for improving the relevant harbor or waterway. If no such funds exist, the money can instead come from Congress's general appropriations for river and harbor examinations, surveys, and contingencies.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Mar. 3, 1905, ch. 1482, § 4, 33 Stat. 1147; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

history & why it existsrecord from the source credit
  • 1905Enacted · Act of Mar. 3, 1905, ch. 1482 · 33 Stat. 1147
  • 1947Amended · Act of July 26, 1947, ch. 343 · 61 Stat. 501

A history note hasn’t been published yet. The record shows enactment by ch. 1482 on 1905-03-03.

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