United States Code

§ 59hh. Declaration of nonnavigability for portion of Pelican Island, Texas

(a) In general

The Secretary of the Army is authorized to convey to the City of Galveston, Texas, fee simple absolute title to all or any part of a parcel of land containing approximately 605 acres known as the San Jacinto Disposal Area located on the east end of Galveston Island, Texas, in the W.A.A. Wallace Survey, A-647 and A-648, City of Galveston, Galveston County, Texas, being part of the old Fort San Jacinto site, at the fair market value of such parcel to be determined in accordance with the provisions of subsection (d) of this section. Such conveyance shall only be made by the Secretary of the Army upon the agreement of the Secretary and the City as to all compensation due herein. (b) Compensation for conveyance

(1) In general

Upon receipt of compensation from the city of Galveston, the Secretary shall convey the parcel, or any part of the parcel, as described in subsection (a) of this section. (2) Full parcel

If the full 605-acre parcel is conveyed, the compensation shall be

(A) conveyance to the Department of the Army of fee simple absolute title to a parcel of land containing approximately 564 acres on Pelican Island, Texas, in the Eneas Smith Survey, A-190, Pelican Island, city of Galveston, Galveston County, Texas, adjacent to property currently owned by the United States, with the fair market value of the parcel being determined in accordance with subsection (d) of this section; and

(B) payment to the United States of an amount equal to the difference between the fair market value of the parcel to be conveyed under subsection (a) of this section and the fair market value of the parcel to be conveyed under subparagraph (A).

(3) Partial parcel

If the conveyance is 125 acres or less, compensation shall be an amount equal to the fair market value of the parcel to be conveyed, with the fair market value of the parcel being determined in accordance with subsection (d) of this section.

Costs of maintaining the Galveston Harbor and Channel will continue to be governed by the Local Cooperation Agreement (LCA) between the United States of America and the City1 of Galveston dated October 18, 1973, as amended. Upon conveyance of the parcel, or any part of the parcel, described in subsection (a) of this section, the Department of the Army shall be compensated directly for the present value of the total costs to the Department for disposal of dredge material and site preparation pursuant to the LCA, if any,,2 in excess of the present value of the total costs that would have been incurred if this conveyance had not been made.

[See main edition for text of (d) to (f)]

1 So in original. Probably should not be capitalized. 2 So in original.

(As amended Pub. L. 106-53, title V, §585, Aug. 17, 1999, 113 Stat. 377.)

AMENDMENTS

1999 Subsec. (a). Pub. L. 106-53, §585(1), inserted “all or any part of" after "absolute title to" in first sentence.

Subsec. (b). Pub. L. 106-53, §585(2), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "Upon receipt of compensation from the City of Galveston, the Secretary shall convey the parcel as described in subsection (a) of this section. Such compensation shall include

"(1) conveyance to the Department of the Army of fee simple absolute title to a parcel of land containing approximately 564 acres on Pelican Island, Texas, in the Eneas Smith Survey, A-190, Pelican Island, City of Galveston, Galveston County, Texas, adjacent to property currently owned by the United States. The fair market value of such parcel will be determined in accordance with the provision of subsection (d) of this section; and

"(2) payment to the United States of an amount equal to the difference of the fair market value of the parcel to be conveyed pursuant to subsection (a) of this section and the fair market value of the parcel to be conveyed pursuant to paragraph (1) of this subsection."

Subsec. (c). Pub. L. 106-53, § 585(3), in second sentence, inserted ", or any part of the parcel," after "parcel" and ", if any." after "LCA".

§ 59ii. Declaration of nonnavigability of a portion of the canal known as the James River and Kanawha Canal in Richmond, Virginia

(a) Canal declared nonnavigable

The portion of the canal known as the James River and Kanawha Canal in Richmond, Virginia, located between the Great Ship Lock on the east and the limits of the City of Richmond on the west is hereby declared to be a nonnavigable waterway of the United States for purposes of subtitle II of title 46.

(b) Ensuring public safety

The Secretary of Transportation shall provide such technical advice, information, and assistance as the City of Richmond, Virginia, or its designee may request to insure that the vessels operating on the waters declared nonnavigable by subsection (a) of this section are built, maintained, and operated in a manner consistent with protecting public safety. (c) Termination of declaration (1) In general

The Secretary of Transportation may terminate the effectiveness of the declaration made by subsection (a) of this section by publishing a determination that vessels operating on the waters declared nonnavigable by subsection (a) of this section have not been built, maintained, and operated in a manner consistent with protecting public safety.

(2) Public input

Before making a determination under this subsection, the Secretary of Transportation shall

(A) consult with appropriate State and local government officials regarding whether such a determination is necessary to protect public safety and will serve the public interest; and

(B) provide to persons who might be adversely affected by the determination the opportunity for comment and a hearing on whether such action is necessary to protect public safety and will serve the public interest.

(Pub. L. 106-32, §2, June 1, 1999, 113 Stat. 115.)

FINDINGS

Pub. L. 106-32, §1, June 1, 1999, 113 Stat. 115. provided that: "The Congress finds the following:

"(1) The canal known as the James River and Kanawha Canal played an important part in the economic development of the Commonwealth of Virginia and the City of Richmond.

(2) The canal ceased to operate as a functioning waterway in the conduct of commerce in the late 1800s.

"(3) Portions of the canal have been found by a Federal district court to be nonnavigable.

"(4) The restored portion of the canal will be utilized to provide entertainment and education to visitors and will play an important part in the economic development of downtown Richmond.

"(5) The restored portion of the canal will not be utilized for general public boating, and will be restricted to activities similar to those conducted on similar waters in San Antonio, Texas.

"(6) The continued classification of the canal as a navigable waterway based upon historic usage that ceased more than 100 years ago does not serve the public interest and is unnecessary to protect public safety.

"(7) Congressional action is required to clarify that the canal is no longer to be considered a navigable waterway for purposes of subtitle II of title 46, United States Code."

SUBCHAPTER I-IN GENERAL

§ 401. Construction of bridges, causeways, dams or dikes generally; exemptions

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 27, 59c-3, 59j-1, 59s, 59y, 59z. 59bb, 59cc, 59dd, 59ff, 59gg, 59hh, 402, 406, 412, 413, 418, 530, 1293a of this title; title 23 section 144; title 42 section 1962d-11a.

§ 403. Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 27, 59c-3, 59j-1, 59y, 59bb, 59cc, 59dd, 59ff, 59gg, 59hh, 403b, 406, 412, 413, 418, 426p. 465, 1371, 1503, 2104, 2317 of this title.

$411. Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and obstruction of navigable waters generally

Every person and every corporation that shall violate, or that shall knowingly aid, abet, authorize, or instigate a violation of the provisions of sections 407, 408, 409, 414, and 415 of this title shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of up to $25,000 per day, or by imprisonment (in the case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction.

(As amended Pub. L. 104-303, title II, § 218(a), Oct. 12, 1996, 110 Stat. 3696.)

AMENDMENTS

1996-Pub. L. 104-303 substituted "407, 408, 409, 414, and 415" for "407, 408, and 409" and "of up to $25,000 per day" for "not exceeding twenty-five hundred dollars nor less than five hundred dollars".

§ 412. Liability of masters, pilots, etc., and of vessels engaged in violations

Any and every master, pilot, and engineer, or person or persons acting in such capacity, respectively, on board of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded with any material specified in section 407 of this title to any point or place of deposit or discharge in any harbor or navigable water, elsewhere than within the limits defined and permitted by the Secretary of the Army, or who shall willfully injure or destroy any work of the United States contemplated in section 408 of this title, or who shall willfully obstruct the channel of any waterway in the manner contemplated in section 409 of this title, shall be deemed guilty of a violation of this Act, and shall upon conviction be punished as provided in section 411 of this title, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. And any boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections 407, 408, 409, 414, and 415 of this title shall be liable for the pecuniary penalties specified in section 411 of this title, and in addition thereto for the amount of the damages done by said boat, vessel, scow, raft, or other craft, which latter sum shall be placed to the credit of the appropriation for the improvement of the harbor or waterway in which the damage occurred, and said boat, vessel, scow, raft, or other craft may be proceeded against summarily by way of libel in any district court of the United States having jurisdiction thereof.

(As amended Pub. L. 104-303, title II, § 218(a)(1), Oct. 12, 1996, 110 Stat. 3696.)

AMENDMENTS

1996-Pub. L. 104-303 substituted "407, 408, 409, 414, and 415 of this title" for “407, 408, and 409 of this title".

§ 414. Removal by Secretary of the Army of sunken water craft generally; liability of owner, lessee, or operator

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 409, 411, 412, 415, 416, 418 of this title; title 43 section 2105.

§ 415. Summary removal of water craft obstructing navigation; liability of owner, lessee, or operator

(a) Removal authority

Under emergency, in the case of any vessel, boat, water craft, or raft, or other similar obstruction, sinking of grounding, or being unnecessarily delayed in any Government canal or lock, or in any navigable waters mentioned in section 414 of this title, in such manner as to stop, seriously interfere with, or specially en

danger navigation, in the opinion of the Secretary of the Army, or any agent of the United States to whom the Secretary may delegate proper authority, the Secretary of the Army or any such agent shall have the right to take immediate possession of such boat, vessel, or other water craft, or raft, so far as to remove or to destroy it and to clear immediately the canal, lock, or navigable waters aforesaid of the obstruction thereby caused, using his best judgment to prevent any unnecessary injury; and no one shall interfere with or prevent such removal or destruction: Provided, That the officer or agent charged with the removal or destruction of an obstruction under this section may in his discretion give notice in writing to the owners of any such obstruction requiring them to remove it: And provided further, That the actual expense, including administrative expenses, of removing any such obstruction as aforesaid shall be a charge against such craft and cargo; and if the owners thereof fail or refuse to reimburse the United States for such expense within thirty days after notification, then the officer or agent aforesaid may sell the craft or cargo, or any part thereof that may not have been destroyed in removal, and the proceeds of such sale shall be covered into the Treasury of the United States.

(b) Removal requirement

Not later than 24 hours after the Secretary of the Department in which the Coast Guard is operating issues an order to stop or delay navigation in any navigable waters of the United States because of conditions related to the sinking or grounding of a vessel, the owner or operator of the vessel, with the approval of the Secretary of the Army, shall begin removal of the vessel using the most expeditious removal method available or, if appropriate, secure the vessel pending removal to allow navigation to resume. If the owner or operator fails to begin removal or to secure the vessel pending removal or fails to complete removal on an expedited basis, the Secretary of the Army shall remove or destroy the vessel using the summary removal procedures under subsection (a) of this section. (c) Liability of owner, lessee, or operator

The owner, lessee, or operator of such vessel, boat, watercraft, raft, or other obstruction as described in this section shall be liable to the United States for the actual cost, including administrative costs, of removal or destruction and disposal as described which exceeds the costs recovered under subsection (a) of this section. Any amount recovered from the owner, lessee, or operator of such vessel pursuant to this subsection to recover costs in excess of the proceeds from the sale or disposition of such vessel shall be deposited in the general fund of the Treasury of the United States.

(As amended Pub. L. 104-303, title II, § 218(b), Oct. 12, 1996, 110 Stat. 3696.)

AMENDMENTS

1996 Subsec. (a). Pub. L. 104-303, §218(b)(1), substituted "actual expense, including administrative expenses, of removing" for "expense of removing".

Subsec. (b). Pub. L. 104-303, § 218(b)(4), added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 104-303, § 218(b)(2). (3), redesignated subsec. (b) as (c) and substituted "actual cost, including administrative costs, of removal" for "cost of removal".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 409, 411, 412, 416, 418 of this title; title 43 section 2105.

§416. Appropriations for removal of sunken water craft

[See main edition for text]

(Mar. 3, 1899, ch. 425, §20(a), formerly §20, 30 Stat. 1155; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; renumbered § 20(a), Pub. L. 99-662, title IX, §939(b), Nov. 17, 1986, 100 Stat. 4199.)

CODIFICATION

Section is from part of section 20(a) of act Mar. 3, 1899, popularly known as the "Rivers and Harbors Appropriation Act of 1899". See Codification and Amendment notes set out under section 415 of this title.

§ 418. Provisions for protection of New York Harbor unaffected

[See main edition for text]

(Mar. 3, 1899, ch. 425, §20(a), formerly § 20, 30 Stat. 1154; Feb. 20, 1900, ch. 23, §3, 31 Stat. 32; June 13, 1902, ch. 1079, § 12, 32 Stat. 375; renumbered §20(a), Pub. L. 99-662, title IX, §939(b), Nov. 17, 1986, 100 Stat. 4199.)

CODIFICATION

§ 426-1. Coastal Engineering Research Center; establishment; powers and functions

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426-2, 426h of this title.

§ 426e. Federal aid in protection of shores (a) Declaration of policy

With the purpose of preventing damage to the shores and beaches of the United States, its Territories and possessions and promoting and encouraging the healthful recreation of the people, it is declared to be the policy of the United States, subject to sections 426e to 426h-1 of this title, to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach nourishment, on a comprehensive and coordinated basis by the Federal Government, States. localities, and private enterprises. In carrying out this policy, preference shall be given to areas in which there has been a Federal investment of funds and areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities. (b) Federal contribution; maximum amount; exceptions

The Federal contribution in the case of any project referred to in subsection (a) of this sec

tion shall not exceed one-half of the cost of the project, and the remainder shall be paid by the State, municipality, or other political subdivision in which the project is located, except that (1) the costs allocated to the restoration and protection of Federal property shall be borne fully by the Federal Government, (2) Federal participation in the cost of a project for restoration and protection of State, county, and other publicly owned shore parks and conservation areas may be, in the discretion of the Chief of Engineers, not more than 70 per centum of the total cost exclusive of land costs, when such areas: Include a zone which excludes permanent human habitation; include but are not limited to recreational beaches; satisfy adequate criteria for conservation and development of the natural resources of the environment; extend landward a sufficient distance to include, where appropriate, protective dunes, bluffs, or other natural features which serve to protect the uplands from damage; and provide essentially full park facilities for appropriate public use, all of which shall meet with the approval of the Chief of Engineers, and (3) Federal participation in the cost of a project providing hurricane protection may be, in the discretion of the Secretary1 not more than 70 per centum of the total cost exclusive of land costs.

When in the opinion of the Chief of Engineers the most suitable and economical remedial measures would be provided by periodic beach nourishment, the term "construction" may be construed for the purposes of sections 426e to 426h-1 of this title to include the deposit of sand fill at suitable intervals of time to furnish sand supply to project shores for a length of time specified by the Chief of Engineers.

[See main edition for text of (d)] (e) Authorization of projects (1) In general

No Federal contributions shall be made with respect to a project under sections 426e to 426h-1 of this title unless the plan therefor shall have been specifically adopted and authorized by Congress after investigation and study by the Coastal Engineering Research Center under the provisions of section 426 of this title as amended and supplemented, or, in the case of a small project under section 426g or 426h of this title, unless the plan therefor has been approved by the Chief of Engineers. (2) Studies

(A) In general

The Secretary shall—

(i) recommend to Congress studies concerning shore protection projects that meet the criteria established under sections 426e to 426h-1 of this title (including subparagraph (B)(iii)) and other applicable

law;

(ii) conduct such studies as Congress requires under applicable laws; and

1 So in original. Probably should be followed by a comma.

(iii) report the results of the studies to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(B) Recommendations for shore protection

projects

(i) In general

The Secretary shall recommend to Congress the authorization or reauthorization of shore protection projects based on the studies conducted under subparagraph (A). (ii) Considerations

In making recommendations, the Secretary shall consider the economic and ecological benefits of the shore protection project.

In conducting studies and making recommendations for a shore protection project under this paragraph, the Secretary shall

(i) determine whether there is any other project being carried out by the Secretary or the head of another Federal agency that may be complementary to the shore protection project; and

(ii) if there is such a complementary project, describe the efforts that will be made to coordinate the projects. (3) Shore protection projects

(A) In general

The Secretary shall construct, or cause to be constructed, any shore protection project authorized by Congress, or separable element of such a project, for which funds have been appropriated by Congress.

(B) Agreements

(i) Requirement

After authorization by Congress, and before commencement of construction, of a shore protection project or separable element, the Secretary shall enter into a written agreement with a non-Federal interest with respect to the project or separable element.

(ii) Terms

The agreement shall

(I) specify the life of the project; and (II) ensure that the Federal Government and the non-Federal interest will cooperate in carrying out the project or separable element.

In constructing a shore protection project or separable element under this paragraph, the Secretary shall, to the extent practicable, coordinate the project or element with any complementary project identified under paragraph (2)(C).

(As amended Pub. L. 104-303, title II, § 227(a), (b), (e)(2)(A), (B), Oct. 12, 1996, 110 Stat. 3698, 3703.)

AMENDMENTS

1996 Subsec. (a). Pub. L. 104-303. §227(a). inserted "and beaches" after "damage to the shores" and sub

stituted "sections 426e to 426h-1 of this title, to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach nourishment, on a comprehensive and coordinated basis by the Federal Government, States, localities, and private enterprises. In carrying out this policy, preference shall be given to areas in which there has been a Federal investment of funds and areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities." for "the following provisions of sections 426e to 426h of this title to assist in the construction, but not the maintenance, of works for the restoration and protection against erosion, by waves and currents, of the shores of the United States, its Territories and possessions.'

Subsec. (b)(3). Pub. L. 104–303, § 227(e)(2), substituted "Secretary" for "Secretary of the Army, acting through the Chief of Engineers," and struck out second period at end.

Subsec. (e). Pub. L. 104-303, § 227(b), (e)(2)(B), inserted subsec. heading, designated existing provisions as par. (1) and inserted heading, realigned margin, inserted "or 426h" after "under section 426g", and added pars. (2) and (3).

SHORE MANAGEMENT PROGRAM

Pub. L. 106-53, title II, §213, Aug. 17, 1999, 113 Stat. 291, provided that:

"(a) REVIEW.-The Secretary shall review the implementation of the Corps of Engineers shore management program, with particular attention to

"(1) inconsistencies in implementation among the divisions and districts of the Corps of Engineers; and **(2) complaints by or potential inequities regarding property owners in the Savannah District, including an accounting of the number and disposition of complaints in the Savannah District during the 5-year period preceding the date of enactment of this Act [Aug. 17, 1999].

(b) REPORT.-As expeditiously as practicable, but not later than 1 year after the date of enactment of this Act [Aug. 17, 1999], the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the results of the review under subsection (a)."

REPORT ON SHORES OF THE UNITED STATES

Pub. L. 106-53, title II, §215(c), Aug. 17, 1999, 113 Stat. 293, provided that:

"(1) IN GENERAL.-Not later than 3 years after the date of enactment of this Act [Aug. 17, 1999], the Secretary shall report to Congress on the state of the shores of the United States.

"(2) CONTENTS.-The report shall include"(A) a description of—

"(i) the extent of, and economic and environmental effects caused by, erosion and accretion along the shores of the United States; and

"(ii) the causes of such erosion and accretion; "(B) a description of resources committed by Federal, State, and local governments to restore and renourish shores;

"(C) a description of the systematic movement of sand along the shores of the United States; and "(D) recommendations regarding

"(i) appropriate levels of Federal and non-Federal participation in shore protection; and

"(ii) use of a systems approach to sand management.

"(3) USE OF SPECIFIC LOCATION DATA.-In developing the report, the Secretary shall use data from specific locations on the coasts of the Atlantic Ocean, Pacific Ocean, Great Lakes, and Gulf of Mexico."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 426g, 426h-1 of this title.

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