AMENDMENTS 1958-Pub. L. 85-802 substituted "any supervisor of a harbor" for "the supervisor of the harbor". EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85-802, set out as a note under section 441 of this title. § 448. Return of permit; penalty for failure to return Every permit issued in accordance with the provisions of sections 443 to 448 of this title, which may not be taken up by an inspector or deputy inspector, shall be returned within four days after issuance to the office of the supervisor of the harbor; such permit shall bear an indorsement by the master of the towboat, or the person acting in such capacity, stating whether the permit has been used, and, if so, the time and place of dumping. Any person violating the provisions of this section shall be liable to a fine of not more than $500 nor less than $100. (June 29, 1888, ch. 496, § 3, 25 Stat. 209; Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 Stat. 428.) REFERENCES IN TEXT Sections 443 to 448 of this title, referred to in text, were in the original "this section of this Act", meaning section 3 of act June 29, 1888, which enacted sections 443 to 448 of this title. The provision of section 3 relating to issuance of permits is classified to section 443 of this title. CODIFICATION Section was enacted as part of section 3 of act June 29, 1888. Said section 3 of act June 29, 1888 enacted sections 443 to 448 of this title. See Codification note set out under section 443 of this title. § 449. Disposition of dredged matter; persons liable; penalty All mud, dirt, sand, dredgings, and material of every kind and description whatever taken, dredged, or excavated from any slip, basin, or shoal in any harbor subject to this subchapter, and placed on any boat, scow, or vessel for the purpose of being taken or towed upon the waters of that harbor to a place of deposit, shall be deposited and discharged at such place or within such limits as shall be defined and specified by the supervisor of the harbor, as in sections 443 to 448 of this title prescribed, and not otherwise. Every person, firm, or corporation being the owner of any slip, basin, or shoal, from which such mud, dirt, sand, dredgings, and material shall be taken, dredged, or excavated, and every person, firm, or corporation in any manner engaged in the work of dredging or excavating any such slip, basin, or shoal, or of removing such mud, dirt, sand, or dredgings therefrom, shall severally be responsible for the deposit and discharge of all such mud, dirt, sand, or dredgings at such place or within such limits so defined and prescribed by said supervisor of the harbor; and for every violation of the provisions of this section the person offending shall be guilty of an offense, and shall be punished by a fine equal to the sum of $5 for every cubic yard of mud, dirt, sand, dredgings, or material not deposited or discharged as required by this section. (June 29, 1888, ch. 496, § 4, 25 Stat. 210; Aug. 28, 1958, Pub. L. 85-802, § 1(5), 72 Stat. 970.) REFERENCES IN TEXT Sections 443 to 448 of this title, referred to in text, were in the original "the third section of this Act", meaning section 3 of act June 29, 1888, which enacted sections 443 to 448 of this title. The provision of section 3 relating to specification of the limits within which to discharge is classified to section 443 of this title. CODIFICATION Section was enacted as part of section 4 of act June 29, 1888, which enacted sections 449 and 450 of this title. AMENDMENTS 1958-Pub. L. 85-802 substituted “any harbor subject to this subchapter" for "the harbor of New York, or the waters adjacent or tributary thereto" and "the waters of that harbor" for "the waters of the harbor of New York". EFFECTIVE DATE OF 1958 AmendmenT Amendment by Pub. L. 85-802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85-802, set out as a note under section 441 of this title. § 450. Liability of vessel Any boat or vessel used or employed in violating any provision of this subchapter, shall be liable to the pecuniary penalties imposed thereby, and may be proceeded against, summarily by way of libel in any district court of the United States having jurisdiction thereof. (June 29, 1888, ch. 496, § 4, 25 Stat. 210.) CODIFICATION Section was enacted as part of section 4 of act June 29, 1888, which enacted sections 449 and 450 of this title. FEDERAL RULES OF CIVIL PROCEDURE Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Pro cedure. § 451. Supervisor of harbor; appointment and duties An officer of the Corps of Engineers shall, for each harbor subject to this subchapter, be designated by the Secretary of the Army as supervisor of the harbor, to act under the direction of the Chief of Engineers in enforcing the provisions of this subchapter, and in detecting offenders against the same. Each such officer shall have personal charge and supervision under the Chief of Engineers, and shall direct the patrol boats and other means to detect and bring to punishment offenders against the provisions of this subchapter. (June 29, 1888, ch. 496, § 5, 25 Stat. 210; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; June 29, 1949, ch. 278, 63 Stat. 300; July 12, 1952, ch. 707, 66 Stat, 596; Aug. 28, 1958, Pub. L. 85-802, § 1(6), 72 Stat. 970.) AMENDMENTS 1958-Pub. L. 85-802 inserted "for each harbor subject to this subchapter," and substituted "Each such officer" for "This officer". 1952-Act July 12, 1952, transferred enforcement responsibilities of this section from a Naval officer to the Army district engineer at New York. 1949-Act June 29, 1949, struck out "shall receive the sea-pay of his grade and" after "this officer". 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. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85-802, set out as a note under section 441 of this title. § 451a. Harbors subject to this subchapter The following harbors shall be subject to this subchapter: (1) The harbor of New York. (2) The harbor of Hampton Roads. (3) The harbor of Baltimore. (June 29, 1888, ch. 496, § 6, 25 Stat. 210; Aug. 28, 1958, Pub. L. 85-802, § 1(7), 72 Stat. 970.) AMENDMENTS 1958-Pub. L. 85-802 substituted provisions making harbors of New York, Hampton Roads, and Baltimore subject to this subchapter for appropriation provisions. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-802 effective on sixtieth day after Aug. 28, 1958, see section 2 of Pub. L. 85-802, set out as a note under section 441 of this title. § 451b. Waters included within subchapter For the purposes of this subchapter (1) The term "harbor of New York" means the tidal waters of the harbor of New York, its adjacent and tributary waters, and those of Long Island Sound. (2) The term "harbor of Hampton Roads” means the tidal waters of the harbors of Norfolk, Portsmouth, Newport News, Hampton Roads, and their adjacent and tributary waters, so much of the Chesapeake Bay and its tributaries as lies within the State of Virginia, and so much of the Atlantic Ocean and its tributaries as lies within the jurisdiction of the United States within or to the east of the State of Virginia. (3) The term "harbor of Baltimore" means the tidal waters of the harbor of Baltimore and its adjacent and tributary waters, and so much of Chesapeake Bay and its tributaries as lies within the State of Maryland. (June 29, 1888, ch. 496, § 7, as added Aug. 28, 1958, Pub. L. 85-802, § 1(8), 72 Stat. 970.) Date of 1958 Amendment note under section 441 of this title. § 452. Taking shellfish or otherwise interfering with navigation in New York Harbor channels; penalty; arrest and procedure It shall be unlawful for any person or persons to engage in fishing or dredging for shellfish in any of the channels leading to and from the harbor of New York, or to interfere in any way with the safe navigation of those channels by ocean steamships and ships of deep draft. Any person or persons violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine or imprisonment, or both, such fine to be not more than $250 nor less than $50, and the imprisonment to be not more than six months nor less than thirty days, either or both united, as the judge before whom conviction is obtained shall decide. It shall be the duty of the United States supervisor of the harbor to enforce this section, and the deputy inspectors of the said supervisor shall have authority to arrest and take into custody, with or without process, any person or persons, who may commit any of the acts or offenses prohibited by this section: Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspector or deputy inspectors, or either of them: And provided further, That whenever any such arrest is made the person or persons so arrested shall be brought forthwith before a magistrate judge, judge, or court of the United States for examination of the offenses alleged against him; and such magistrate judge, judge or court shall proceed in respect thereto as authorized by law in case of crimes against the United States. (Aug. 18, 1894, ch. 299, § 2, 28 Stat. 360; Oct. 17, 1968, Pub. L. 90-578, title IV, § 402(b)(2), 82 Stat. 1118; Dec. 1, 1990, Pub. L. 101-650, title III, § 321, 104 Stat. 5117.) CODIFICATION Section was not enacted as part of act June 29, 1888, ch. 496, 25 Stat. 209, which comprises this subchapter. CHANGE OF NAME "Magistrate judge" substituted in text for "magistrate" pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, "magistrate" was substituted for "commissioner" pursuant to Pub. L. 90-578. See chapter 43 (§ 631 et seq.) of Title 28. § 453. Regulations for navigation of Ambrose Channel; exclusion of tows and sailing vessels The Secretary of the Army is authorized to make such rules and regulations for the navigation of Ambrose Channel as he may deem necessary or expedient to insure its safe use in all kinds of weather, night and day, for all vessels under control and running under their own power, and to this end he may, in his discretion, forbid its use to tows of every description and to sailing vessels. (Mar. 4, 1913, ch. 144, § 1, 37 Stat. 803; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) CODIFICATION Section was not enacted as part of act June 29, 1888, ch. 496, 25 Stat. 209, which comprises this subchapter. 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. § 454. Consent of Congress to obstruction of waters by New York City The consent of Congress is given to the city of New York, in the State of New York, to obstruct navigation of any river or other waterway which does not form a connecting link between other navigable waters of the United States, and lying wholly within the limits of said city, by closing all or any portion of the same or by building structures in or over the same when the said city shall be lawfully authorized to do so by the State of New York: Provided, however, That any such obstruction shall be unlawful unless the location and plans for the proposed work or works before the commencement thereof shall have been filed with and approved by the Secretary of the Army and Chief of Engineers; and when the plans for any such obstruction have been approved by the Chief of Engineers and by the Secretary of the Army it shall not be lawful to deviate from such plans either before or after the completion of such obstruction, unless the modification of such plans has previously been submitted to and received the approval of the Chief of Engineers and the Secretary of the Army: And provided further, That the city of New York shall be liable for any damage that may be inflicted upon private property by reason of any of the provisions of this section. The right to alter, amend, or repeal this section is expressly reserved, and the United States shall incur no liability for the alteration, amendment, or repeal thereof to the city of New York, or to the owner or owners, or any other persons interested in any obstruction which shall have been constructed under its provisions. (June 25, 1910, ch. 436, §§ 1, 2, 36 Stat. 866, 867; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) CODIFICATION Section was not enacted as part of act June 29, 1888, ch. 496, 25 Stat. 209, which comprises this subchapter. 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, § 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. 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). SUBCHAPTER IV-POTOMAC RIVER AND TRIBUTARIES IN DISTRICT OF COLUM BIA §§ 461 to 464. Repealed. Mar. 3, 1901, ch. 854, § 1636, 31 Stat. 1434 Section 461, act May 19, 1896, ch. 208, § 1, 29 Stat. 126, prohibited deposit of ballast, dirt, ashes or oyster shells into Potomac River except for purpose of making a wharf and then only after approval. Section 462, act May 19, 1896, ch. 208, § 2, 29 Stat. 127, prohibited deposit of dead fish, dead animals, fruits, vegetables, ice, snow, filth or trash of any kind into Potomac River. Section 463, act May 19, 1896, ch. 208, § 3, 29 Stat. 127, related to penalties. Section 464, act May 19, 1896, ch. 208, § 4, 29 Stat. 127, provided that none of these provisions be construed to interfere with any work or improvements in harbor or river area. See section 22-1701 et seq. of the District of Columbia Code. SUBCHAPTER V-NAVIGABLE WATERS OF MARYLAND § 465. Authority to dredge; riparian rights of United States Subject to the provisions of section 403 of this title authority is granted to dredge, without cost to the United States, in the navigable waters of the United States included within the State of Maryland and outside the limits of projects for improvement of navigation facilities approved by Congress, regardless of rights accruing to the United States as riparian owner under the laws of the State of Maryland: Provided, That in the opinion of the Chief of Engineers such dredging will improve facilities for navigation. (July 3, 1930, ch. 847, § 12, 46 Stat. 949.) SUBCHAPTER VI-WATER POLLUTION CONTROL §§ 466 to 466g. Transferred CODIFICATION Sections 466 to 466g of this title were transferred to sections 1151 to 1160 of this title and were subsequently omitted in the general amendment of the Federal Water Pollution Control Act by Pub. L. 92-500, § 2, Oct. 18, 1972, 86 Stat. 816. See section 1251 et seq. of this title. Section 466, acts June 30, 1948, ch. 758, § 1, 62 Stat. 1155; July 9, 1956, ch. 518, § 1, 70 Stat. 498; July 20, 1961, Pub. L. 87-88, § 1(a), 75 Stat. 204; Oct. 2, 1965, Pub. L. 89-234, § 1(a), 79 Stat. 903; 1966 Reorg. Plan No. 2, eff. May 10, 1966, §§ 1(a), (e)(1), 5, 31 F.R. 6857, 80 Stat. 1608, which related to Congressional declaration of policy, was transferred to section 1151 of this title. Section 466-1. act June 30, 1948, ch. 758, § 2. as added Oct. 2, 1965, Pub. L. 89-234, § 2(a), 79 Stat. 903; amended 1966 Reorg. Plan. No. 2, eff. May 10, 1966. §1(a), (b), 31 F.R. 6857, 80 Stat. 1608; Apr. 3, 1970, Pub. L. 91-224, title I, § 110(a), 84 Stat. 113, which provided for a Federal Water Quality Administration, was transferred to section 1152 of this title. Section 466a, acts June 30, 1948, ch. 758, § 3, formerly § 2, 62 Stat. 1155; July 9, 1956, ch. 518, § 1, 70 Stat. 498; July 20, 1961, Pub. L. 87-88, §§ 1(b), 2, 75 Stat. 204; renumbered § 3, Oct. 2, 1965, Pub. L. 89-234, § 2(a), 79 Stat. 903; Nov. 3, 1966, Pub. L. 89-753, title I, § 101, 80 Stat. 1246, which provided for comprehensive water pollution programs, was transferred to section 1153 of this title. Section 466b, acts June 30, 1948, ch. 758, § 4, formerly § 3, 62 Stat. 1157; July 9, 1956, ch. 518, § 1, 70 Stat. 498; July 20, 1961, Pub. L. 87-88, § 1(b), 75 Stat. 204; renumbered § 4, Oct. 2, 1965, Pub. L. 89-234, § 2(a), 79 Stat. 903, which provided for interstate cooperation, was transferred to section 1154 of this title. Section 466c, acts June 30, 1948, ch. 758, § 5, formerly § 4, 62 Stat. 1158; July 9, 1956, ch. 518, § 1, 70 Stat. 499; July 20, 1961, Pub. L. 87-88, §§ 1(b), (c), 3, 75 Stat. 204, 205; renumbered § 5, Oct. 2, 1965, Pub. L. 89-234, § 2(a), 79 Stat. 903; 1966 Reorg. Plan No. 2, eff. May 10, 1966, § 1(a), 31 F.R. 6857, 80 Stat. 1608; Nov. 3, 1966, Pub. L. 89-753, title II, § 201(b), (c)(1), 80 Stat. 1247, 1248; Apr. 3, 1970, Pub. L. 91-224, title I, § 105, 84 Stat. 111, which provided for research, experiments, and studies, was transferred to section 1155 of this title. Section 466c-1, act June 30, 1948, ch. 758, § 6, as added Oct. 2, 1965, Pub. L. 89-234, § 3, 79 Stat. 905; amended Nov. 3, 1966, Pub. L. 89-753, title II, § 201(a), 80 Stat. 1246; Apr. 3, 1970, Pub. L. 91-224, title I, § 106, 84 Stat. 113, which provided grants for research and development, was transferred to section 1156 of this title. Section 466d, acts June 30, 1948, ch. 758, § 7, formerly § 5, 62 Stat. 1158; July 9, 1956, ch. 518, § 1, 70 Stat. 499; June 25, 1959, Pub. L. 86-70, § 28(a), 73 Stat. 148; July 12, 1960, Pub. L. 86-624, § 23(a), 74 Stat. 417; July 20, 1961, Pub. L. 87-88, §§ 1(b), 4(a), (b), 75 Stat. 204, 205; renumbered § 7 and amended Oct. 2, 1965, Pub. L. 89-234, §§ 2(a), 7(a), 79 Stat. 903, 910; Nov. 3, 1966, Pub. L. 89-753, title II, § 202, 80 Stat. 1248, which provided grants for water pollution control programs, was transferred to section 1157 of this title. Section 466e, acts June 30, 1948, ch. 758, § 8, formerly § 6, 62 Stat. 1158; July 9, 1956, ch. 518, § 1, 70 Stat. 502; July 20, 1961, Pub. L. 87-88, §§ 1(b), 5, 75 Stat. 204, 206; renumbered § 8 and amended Oct. 2, 1965, Pub. L. 89-234, §§ 2(a), 4, 7(b), 79 Stat. 903, 906, 910; Nov. 3, 1966, Pub. L. 89-753, title II, §§ 203(a), 204, 205, 80 Stat. 1248-1250; Apr. 3, 1970, Pub. L. 91-224, title I, $111, 84 Stat. 113, which provided grants for construction of sewerage treatment works, was transferred to section 1158 of this title. Section 466f, acts June 30, 1948, ch. 758, § 9, formerly $7,62 Stat. 1159; July 17, 1952, ch. 927, 66 Stat. 755; July 9, 1956, ch. 518, § 1, 70 Stat. 503; July 20, 1961, Pub. L. 87-88, §§ 1(b)-(d), 6(a), (b), 75 Stat. 204, 207; renumbered § 9, Oct. 2, 1965, Pub. L. 89-234, § 2(a). 79 Stat. 903; 1966 Reorg. Plan No. 2, eff. May 10, 1966, {1(a), (c)(1), (2), 31 F.R. 6857, 80 Stat. 1608, which provided for a Water Pollution Control Advisory Board, was transferred to section 1159 of this title. Section 466g, acts June 30, 1948, ch. 758, § 10, formerly § 8, 62 Stat. 1159; July 17, 1952, ch. 927, 66 Stat. 755; July 9, 1956, ch. 518, § 1, 70 Stat. 504; July 20, 1961, Pub. L. 87-88, §§ 1(b), 7, 75 Stat. 204, 207; renumbered § 10 and amended Oct. 2, 1965, Pub. L. 89-234, §§ 2(a), 5, 7(c), (d), 79 Stat. 903, 907, 910; 1966 Reorg. Plan No. 2, eff. May 10, 1966, § 1(a), (d)(1), (2), 31 F.R. 6857, 80 Stat. 1608; Nov. 3, 1966, Pub. L. 89-753, title II. §§ 206-208, 80 Stat. 1250; Apr. 3, 1970, Pub. L. 91-224, title I, § 112, 84 Stat. 114, which provided for enforcement measures against pollution of interstate or navigable waters, was transferred to section 1160 of this title. § 466g-1. Controversies involving construction or application of interstate compacts and pollution of waters (a) Jurisdiction of actions by States The United States district courts shall have original jurisdiction (concurrent with that of the Supreme Court of the United States, and concurrent with that of any other court of the United States or of any State of the United States in matters in which the Supreme Court, or any other court, has original jurisdiction) of any case or controversy (1) which involves the construction or application of an interstate compact which (A) in whole or in part relates to the pollution of the waters of an interstate river system or any portion thereof, and (B) expresses the consent of the States signatory to said compact to be sued in a district court in any case or controversy involving the application or construction thereof; and (2) which involves pollution of the waters of such river system, or any portion thereof, alleged to be in violation of the provisions of said compact; and (3) in which one or more of the States signatory to said compact is a plaintiff or plaintiffs; and (4) which is within the judicial power of the United States as set forth in the Constitution of the United States. (b) Amount in controversy; residence, situs or citizenship; nature, character, or legal status of parties The district courts shall have original jurisdiction of a case or controversy such as is referred to in subsection (a) of this section, without any requirement, limitation, or regard as to the sum or value of the matter in controversy, or of the place of residence or situs or citizenship, or of the nature, character, or legal status, of any of the proper parties plaintiff or defendant in said case or controversy other than the signatory State or States plaintiff or plaintiffs referred to in paragraph (3) of subsection (a) of this section: Provided, That nothing in this section shall be construed as authorizing a State to sue its own citizens in said courts. (c) Suits between States signatory to interstate compact The original jurisdiction conferred upon the district courts by this section shall include, but not be limited to, suits between States signatory to such interstate compact: Provided, That nothing in this section shall be construed as authorizing a State to sue another State which is not a signatory to such compact in said courts. (d) Venue The venue of such case or controversy shall be as prescribed by law: Provided, That in addition thereto, such case or controversy may be brought in in any judicial district in which the acts of pollution complained of, or any portion thereof, occur, regardless of the place or places of residence, or situs, of any of the parties plaintiff or defendant. (Pub. L. 87-830, § 1, Oct. 15, 1962, 76 Stat. 957.) SEPARABILITY Section 2 of Pub. L. 87-830 provided that: "If any part or application of this Act [this section] should be declared invalid by a court of competent jurisdiction, said invalidity shall not affect the other parts, or the other applications, of said Act." §§ 466h to 4661. Transferred CODIFICATION Sections 466h to 4661 of this title were transferred to sections 1171 to 1175 of this title and were subsequently omitted in the general amendment of the Federal Water Pollution Control Act by Pub. L. 92-500, § 2, Oct. 18, 1972, 86 Stat. 816. See section 1251 et seq. of this title. Section 466h, acts June 30, 1948, ch. 758, § 21, formerly § 9, 62 Stat. 1160; July 9, 1956, ch. 518, § 1, 70 Stat. 506; July 20, 1961, Pub. L. 87-88, § 8, 75 Stat. 210; renumbered § 11 and amended Oct. 2, 1965, Pub. L. 89-234, §§ 2(a), 7(e), 79 Stat. 903, 910; 1966 Reorg. Plan No. 2, eff. May 10, 1966, § 1(a), 31 F.R. 6857, 80 Stat. 1608; renumbered § 21 and amended Apr. 3, 1970, Pub. L. 91-224, title I, §§ 102, 103, 84 Stat. 91, 107, which provided for cooperation by all Federal agencies in pollution control, was transferred to section 1171 of this title. Section 466i, acts June 30, 1948, ch. 758, § 22, formerly § 10, 62 Stat. 1160; July 9, 1956, ch. 518, § 1, 70 Stat. 506; July 20, 1961, Pub. L. 87-88, § 1(b), (d), (e), 75 Stat. 204; renumbered § 12 and amended Oct. 2, 1965, Pub. L. 89-234, §§ 2(a), 6, 79 Stat. 903, 909; 1966 Reorg. Plan No. 2, eff. May 10, 1966, § 1(a), 31 F.R. 6857, 80 Stat. 1608; renumbered § 22 and amended Apr. 3, 1970, Pub. L. 91-224, title I, §§ 102, 104, 84 Stat. 91, 110, which provided for rules and regulations, was transferred to section 1172 of this title. Section 466j, acts June 30, 1948, ch. 758, § 23, formerly § 11, 62 Stat. 1161; July 9, 1956, ch. 518, § 1. 70 Stat. 506; June 25, 1959, Pub. L. 86-70, § 28(b), 73 Stat. 148; July 12, 1960, Pub. L. 86-624, § 23(b), 74 Stat. 418; July 20, 1961, Pub. L. 87-88, § 9, 75 Stat. 210; renumbered § 13. Oct. 2, 1965, Pub. L. 89-234, § 2(a), 79 Stat. 903; Nov. 3, 1966, Pub. L. 89-753, title II, § 209, 80 Stat. 1251; renumbered § 23, Apr. 3, 1970, Pub. L. 91-224, title I, § 102, 84 Stat. 91, which related to definitions, was transferred to section 1173 of this title. Section 466k, act June 30, 1948, ch. 758, § 24, formerly § 12, as added July 9, 1956, ch. 518, § 1, 70 Stat. 506; renumbered § 14, Oct. 2, 1965, Pub. L. 89-234, § 2(a), 79 Stat. 903; renumbered § 24 and amended Apr. 3, 1970, Pub. L. 91-224, title I, §§ 102, 107, 84 Stat. 91, 113, which related to application of other laws, was transferred to section 1174 of this title. Section 4661, act June 30, 1948, ch. 758, § 26, formerly § 16, as added Nov. 3, 1966, Pub. L. 89-753, title II, § 210, 80 Stat. 1252; renumbered § 26, Apr. 3, 1970, Pub. L. 91-224, title I, § 102, 84 Stat. 91, which provided for studies and analysis of costs estimates and reports to Congress, was transferred to section 1175 of this title. §§ 466m, 466n. Repealed. Pub. L. 91-224, title I, § 102, Apr. 3, 1970, 84 Stat. 91 Section 466m, act June 30, 1948, ch. 758, § 17, as added Nov. 3, 1966, Pub. L. 89-753, title II, § 210, 80 Stat. 1252, authorized a study by Secretary of the Interior, and a report to Congress not later than July 1, 1967, of the extent of pollution of the navigable waters of the United States from litter and sewage deposited into such waters from watercraft. Section 466n, act June 30, 1948, ch. 758, § 18, as added Nov. 3, 1966, Pub. L. 89-753, title II. § 210, 80 Stat. 1252, authorized a study by Secretary of the Interior, and a report to Congress not later than Jan. 30, 1968, relating to incentives, including, but not limited to, tax and other financial incentives, to assist in the construction of industrial anti-pollution facilities. SUBCHAPTER VII-DAM INSPECTION PROGRAM § 467. "Dam" defined The term "dam" as used in this subchapter means any artificial barrier, including appurtenant works, which impounds or diverts water, and which (1) is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum water storage elevation or (2) has an impounding capacity at maximum water storage elevation of fifty acre-feet or more. This subchapter does not apply to any such barrier which is not in excess of six feet in height, regardless of storage capacity or which has a storage capacity at maximum water storage elevation not in excess of fifteen acre-feet, regardless of height, unless such barrier, due to its location or other physical characteristics, is likely to pose a significant threat to human life or property in the event of its failure. (Pub. L. 92-367, § 1, Aug. 8, 1972, 86 Stat. 506; Pub. L. 99-662, title XII, § 1201(a), Nov. 17, 1986, 100 Stat. 4260.) AMENDMENTS 1986-Pub. L. 99-662 inserted ", unless such barrier, due to its location or other physical characteristics, is likely to pose a significant threat to human life or property in the event of its failure" at end. SHORT TITLE OF 1986 AMENDMENT Section 1206 of title XII of Pub. L. 99-662 provided that: "This title [enacting sections 467f to 467n and 2311 of this title and amending this section and sections 467a and 467b of this title] may be cited as the 'Dam Safety Act of 1986'." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 25 section 3802. § 467a. Inspection of dams; exceptions As soon as practicable, the Secretary of the Army, acting through the Chief of Engineers, shall carry out a national program of inspection of dams for the purpose of protecting human life and property. All dams in the United States shall be inspected by the Secretary except (1) dams under the jurisdiction of the Bureau of Reclamation, the Tennessee Valley Authority, or the International Boundary and Water Commission, (2) dams which have been constructed pursuant to licenses issued under the authority of the Federal Power Act [16 U.S.C. 791a et seq.], (3) dams which have been inspected within the twelve-month period immediately prior to August 8, 1972, by a State agency and which the Governor of such State requests be excluded from inspection, and (4) dams which the Secretary of the Army determines do not pose any threat to human life or property. The Secretary may inspect dams which have been licensed under the Federal Power Act upon request of the Federal Energy Regulatory Commission and dams under the jurisdiction of the |