33 U.S.C. § 404 | Establishment of harbor lines; conditions to grants for extension of piers, etc.

ProvidedWhere it is made manifest to the Secretary of the Army that the establishment of harbor lines is essential to the preservation and protection of harbors he may, and is, authorized to cause such lines to be established, beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made, except under such regulations as may be prescribed from time to time by him: , That, whenever the Secretary of the Army grants to any person or persons permission to extend piers, wharves, bulkheads, or other works, or to make deposits in any tidal harbor or river of the United States beyond any harbor lines established under authority of the United States, he shall cause to be ascertained the amount of tidewater displaced by any such structure or by any such deposits, and he shall, if he deem it necessary, require the parties to whom the permission is given to make compensation for such displacement either by excavating in some part of the harbor, including tidewater channels between high and low water mark, to such an extent as to create a basin for as much tidewater as may be displaced by such structure or by such deposits, or in any other mode that may be satisfactory to him.

Mar. 3, 1899, ch. 425, § 11 30 Stat. 1151 July 26, 1947, ch. 343 61 Stat. 501(, ; , title II, § 205(a), .)

Editorial Notes

Codification

Mar. 3, 1899Section is from act , popularly known as the “Rivers and Harbors Appropriation Act of 1899”.

Prior Provisions

section 406 of this title act Aug. 11, 1888, ch. 860, § 12 25 Stat. 425 act Sept. 19, 1890, ch. 907, § 12 26 Stat. 455This section and , superseded , , as amended by , , which authorized the establishment of harbor lines, and prescribed a penalty for a violation of the section or any rule made in pursuance of it.

act Aug. 18, 1894, ch. 299, § 9 28 Stat. 364Section also superseded , , which contained provisions for compensation for tide water displaced similar to the proviso in this section.

Act Aug. 5, 1886, ch. 929, § 2 24 Stat. 329

“In places where harbor-lines have not been established, and where deposits of débris of mines or stamp works can be made without injury to navigation, within lines to be established by the Secretary of War, said officer may, and is hereby authorized to, cause such lines to be established; and within such lines such deposits may be made, under regulations to be from time to time prescribed by him.”

, , which was probably omitted from the Code as superseded by this section, provided that:

Statutory Notes and Related Subsidiaries

Change of Name

act July 26, 1947, ch. 343, title II 61 Stat. 501July 26, 1947act Aug. 10, 1956, ch. 1041 70A Stat. 641Aug. 10, 1956Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of , . Section 205(a) of act , was repealed by section 53 of , . Section 1 of act , 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

section 401 of this title Pub. L. 89–670, § 6(g)(6)(A)Oct. 15, 196680 Stat. 941 Pub. L. 97–449 section 401 of this title section 6(g)(6)(A) of Pub. L. 89–670Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under 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 , , . amended to reflect transfer made by , and repealed section 6(g)(6)(A).