Truy the home toderate mall shore uch wah Aktywnored by Concre TITLE is title and whom my en su pas berefer mace it. za us to exceed 3000 to the Federal * h 792 Zn any one bacal year provide 22 to the 7 te sllored more than WASISSY REtura, paitis, urte, that the proTarahum HIV dan apply and that the work zgre za ta gait the United States to my ha agnement except for periodic beach torantes, and as may rests from procedure applymagojena zvierat after ritmiaston of survey revra, tornara which permitted the Chief of table to make advance payments, not exceeding the Citen Matea pro rate part of the value of the labor and materiala ant sally put in, and to undertake construction 19n, and protective works under sections 4266With ch tha the spon the request of, and contribution fanda by, the interested political subdivision.

1994 Act July 28, 1956, substituted "restoration and When works under sections 428e-426h of this title" for "improvement and protective works”.

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Secretary of the Army and other offices and officers of the Department of the Army under section 401 of this title to the extent that they relate generally to the location and clearances of bridges and causeways in the navigable waters of the United States were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 981, which created the Department of Transportation. Bee section 1655(g) (6) (A) of Title 49, Transportaton.

PROJECTS UNDER CONTRACT FOR CONSTRUCTION ON DECEMBER 31, 1970

Section 112(c) of Pub. L. 91-611 provided that: "The amendments made by this section [to this section and section 577(a), (b) of this title] shall not apply to any project under contract for construction on the date of enactment of this Act [Dec. 31, 1970]."

ABOLITION OF THE BEACH EROSION BOARD

Pub. L. 88-172, 1, Nov. 7, 1963, 77 Stat. 304, provided in part for the abolition of the Beach Erosion Board, and is set out as a note under section 426 of this title. For transfer of the functions of the Beach Erosion Board to the Coastal Engineering Research Center, see sections 426 1 and 426-3 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

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

426h. Same; definition.

As used in sections 426e to 426h of this title, the word "shores" includes all the shorelines of the Atlantic and Pacific Oceans, the Gulf of Mexico, the

ABCCODICES OFTEN BEACH BROSION BOARD Pin #8-11 1963, 77 Stat. 304, provided pan for the man of the Beach Erosion Board, and asses on conder section 426 of this title. Fur traster I the frons of the Besch Brosion Board to The Coastal Engineering Research Censer, see sections 436–0. ARA 426–3 off this male.

Sectors REFERRED TO IN OTHER SECTIONS This secure is referred to in section 426e of this title. § 2. Shore damage prevention; investigation, study, and construction of projects; Federal assumption of cost: imitation on estimated first cost of

construction

The Secretary of the Army, acting through the Chief of Engineers, is authorized to investigate, study, and construct projects for the prevention of mitigation of shore damages attributable to Federal navigation works. The cost of installing, operating, and maintaining such projects shall be borne entirely by the United States. No such project shall be constructed without specific authorization by Congress if the estimated first cost exceeds $1,000,000. Pub. L. 90-483, title I, § 111, Aug. 13, 1968, 82 Stat.

7351

§ 427 to 430. Repealed. July 31, 1945, ch. 334, §5, 59

Stat. 508.

Sections, act June 26, 1936, ch. 849, §§ 1—4, 49 Stat 1982, related to the improvement and protection of beaches and investigations duties, reports and expenses of the Beach Erosion Board, and are now covered by sections 426a-426d of this title. For the abolition of the Beach Erosion Board and the transfer of its functions to the Coastal Engineering Research Center, see sections 426

note and 426-1 of this title.

OIL POLLUTION OF COASTAL WATERS $$ 431 to 437. Repealed. Pub. L. 91-224, title I, §108, Apr. 3, 1970, 84 Stat. 113.

Sections 431 to 437, acts June 7, 1934, ch. 316, §§ 1 to 5 7, 8, 43 Stat. 604 to 606; Nov. 3, 1966, Pub. L. 89-753 title II, § 211(a), 80 Stat. 1252 to 1254, prohibited the discharge of oil from any boat or vessel by any method. means, or manner into or upon the navigable waters of the United States, and adjoining shorelines, and set forth the procedures for the control or elimination of such dis

charges. The provisions are now covered by section 1151

et seq. of this title.

NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF BALTIMORE

§ 441. Deposit of refuse prohibited; penalty.

The placing, discharging, or depositing, by any process or in any manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings, sludge, acid, or any other matter of any kind, other than that flowing from streets, sewers, and passing therefrom in a liquid state, in the waters of any harbor subject to sections 441 to 451b of this title, within the limits which shall be prescribed by the supervisor of the harbor, strictly forbidden, and every such act is made a misdemeanor, and every person engaged in or who shall aid, abet, authorize, or instigate a violation of this section, shall, upon conviction, be punishable by fine

PRIOR LAW

Section 1 of act June 29, 1888, superseded act Aug. 5, 1886, ch. 929, 24 Stat. 329, which provided as follows:

"Sec. 3. It shall not be lawful to cast, throw, empty, or unlade, or cause, suffer, or procure to be cast, thrown, emptied, or unladen, either from or out of any ship, vessel, lighter, barge, boat, or other craft, or from the shore, pier, wharf, or mills of any kind whatever, any ballast, stone, slate, gravel, earth, slack, rubbish, wreck, filth, slabs, edgings, sawdust, slag or cinders or other refuse or millwaste of any kind, into New York Harbor: Provided, That nothing herein contained shall extend, or be construed to extend, to the casting out, unlading, or throwing out of any ship or vessel, lighter, barge, boat, or other craft, any stones, rocks, bricks, lime, or other materials used, or to be used, in or toward the building, repairing, or keeping in repair any quay, pier, wharf, weir, bridge, building, or other work lawfully erected or to be erected on the banks or sides of said harbor, or to the casting out, unloading or depositing of any material excavated for the improvement of navigable waters, into such places and in such manner as may be deemed by the United States officer supervising the improvement of said harbor most judicious and practicable and for the best interests of such improvement." AMENDMENTS

1958-Pub. L. 85-802 substituted "waters of any harbor subject to sections 441-451b of this title," for "tidal waters of the harbor of New York, or its adjacent or tributary waters, or in those of long Island Sound,".

EFFECTIVE DATE OF 1958 AMENDMENT

Section 2 of Pub. L. 85-802 provided that: "This Act [amending this section and sections 442, 446, 447, 449, 451, and 451a of this title, and adding section 451b of this title] shall take effect on the sixtieth day after the date of its enactment [Aug. 28, 1958]."

CROSS REFERENCES

Consent of Congress to obstruction of waters by New York City, see section 454 of this title.

Misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure.

Taking shellfish or otherwise interfering with navigation in New York Harbor channels, see section 452 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 418, 442, 443, 444, 446, 447, 449, 450, 451, 451a, 451b of this title.

§ 442. Liability of officers of towing vessel.

Any and every master 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 such prohibited matter to any point or place of deposit, or discharge in the waters of any harbor subject to sections 441 to 451b of this title, or to any point or place elsewhere than within the limits defined and permitted by the supervisor of the harbor, shall be deemed guilty of a violation of section 441 of this title, and shall, upon conviction, be punishable as provided for offenses in violation of section 441 of this title, and shall also have his license revoked or suspended for a term to be fixed by the 47-500 0-71-vol. 8- -9

1958-Pub. L. 85-802 substituted "any harbor subject to section 441-451b of this title" for "the harbor of New York, or in its adjacent or tributary waters, or in those of Long Island Sound", and eliminated "hereinafter mentioned" following "supervisor of the harbor".

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment of section 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 418, 441, 444, 446, 447, 449, 450, 451, 451a, 451b of this title.

§ 443. Permit for dumping; penalty for taking or towing boat or scow without permit.

In all cases of receiving on board of any scows or boats such forbidden matter or substance as described in section 441 of this title, the owner or master, or person acting in such capacity on board of such scows or boats, before proceeding to take or tow the same to the place of deposit, shall apply for and obtain from the supervisor of the harbor appointed, as provided in section 451 of this title, a permit defining the precise limits within which the discharge of such scows or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of any tug or towboat to tow or move any scow or boat so loaded with such forbidden matter until such permit shall have been obtained; and every person violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $1,000 nor less than $500, and in addition thereto the master of any tug or towboat so offending shall have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. (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. 426.)

CODIFICATION

harbor appointed hereunder a permit defining the precise limits within which the discharge of such scows or boats may be made; and it shall not be lawful for the owner or master, or person acting in such capacity, of any tug or towboat to tow or move any scow or boat so loaded with such forbidden matter until such permit shall have been obtained; and every person violating the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than one thousand nor less than five hundred dollars, and in addition thereto the master of any tug or towboat so offending shall have his license revoked, or suspended for a term to be fixed by the judge before whom tried and convicted. And any deviation from such dumping or discharging place specifled in such permit shall be a misdemeanor, and the owner and master, or person acting in the capacity of master, of any scows or boats dumping or discharging such forbidden matter in any place other than that specifled in such permit shall be liable to punishment therefor as provided in section one of the said Act of June twenty-ninth, eighteen hundred and eighty-eight [section 441 of this title]; and the owner and master, or person acting in the capacity of master, of any tug or towboat towing such scows or boats shall be liable to equal punishment with the owner and master, or person acting in the capacity of master, of the scows or boats; and further, every scowman or other employee on board of both scows and towboats shall be deemed to have knowledge of the place of dumping specified in such permit, and the owners and masters, or persons acting in the capacity of masters, shall be liable to punishment, as aforesaid, for any unlawful dumping, within the meaning of this Act or of the said Act of June twenty-ninth, eighteen hundred and eighty-eight, which may be caused by the negligence or ignorance of such scowman or other employee; and, further, neither defect in machinery nor avoidable accidents to scows or towboats, nor unfavorable weather, nor improper handling or moving of scows or boats of any kind whatsoever, shall operate to release the owners and masters and employees of scows and towboats from the penalties hereinbefore mentioned. Every scow or boat engaged in the transportation of dredgings, earth, sand, mud, cellar dirt, garbage, or other offensive material of any description shall have its name or number and owner's name painted in letters and numbers at least fourteen inches long on both sides of the scow or boat; these names and numbers shall be kept distinctly legible at all times, and no scow or boat not so marked shall be used to transport or dump any such material. The supervisor of the harbor of New York, designated as provided in section five of the said Act of June twenty-ninth, eighteen hundred and eighty-eight [section 451 of this title], is authorized and directed to appoint inspectors and deputy inspectors, and, for the purpose of enforcing the provisions of this Act and of the Act aforesaid, and of detecting and bringing to punishment offenders against the same, the said supervisor of the harbor, and the inspectors and deputy inspectors so appointed by him, shall have power and authority: First. 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 and by the Act of June twenty-ninth, eighteen hundred and eighty-eight, aforesaid, or who may violate any of the provisions of the same: Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspectors 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 commissioner, judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States. Second. To go on board of any scow or towboat engaged in unlawful dumping of prohibited material, or in moving the same without a permit as required in this section of this Act, and to seize and hold said boats until they are discharged by action of the commissioner, judge, or court of the United States before whom the offending persons are brought. Third. To arrest and take into custody any witness or witnesses to such

unlawful dumping of prohibited material, the said witnesses to be released under proper bonds. Fourth. To go on board of any towboat having in tow scows or boats loaded with such prohibited material, and accompany the same to the place of dumping whenever such action appears to be necessary to secure compliance with the requirements of this Act and of the Act aforesaid. Fifth. To enter gas and oil works and all other manufacturing works for the purpose of discovering the disposition made of sludge, acid, or other injurious material, whenever there is good reason to believe that such sludge, acid, or other injurious material is allowed to run into the tidal waters of the harbor in violation of section one of the aforesaid Act of June twenty-ninth, eighteen hundred and eighty-eight [section 441 of this title]. Every person who, directly or indirectly, gives any sum of money or other bribe, present, or reward or makes any offer of the same to any inspector, deputy inspector, or other employee of the office of the supervisor of the harbor with intent to influence such inspector, deputy inspector, or other employee to permit or overlook any violation of the provisions of this section or of the said Act of June twenty-ninth, eighteen hundred and eighty-eight, shall, on conviction thereof, be fined not less than five hundred dollars nor more than one thousand dollars, and be imprisoned not less than six months nor more than one year. Every permit issued in accordance with the provi sions of this section of this Act which may not be taken up by an inspector or deputy inspector shall be returned within forty-eight hours 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 five hundred dollars nor less than one hundred dollars."

Section 3 was further amended by act May 28, 1908, ch. 212, § 8, to read as set forth in this section and

sections 444 448 of this title.

CROSS REFERENCES Misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 418, 441, 442, 444, 446, 447, 448, 449, 450, 451, 451a, 451b of this title. § 444. Dumping at other place than designated dump. ing grounds; penalty; person liable; excuses for

deviation.

Any deviation from such dumping or discharging place specified in such permit shall be a misdemeanor, and the owner and master, or person acting in the capacity of master, of any scows or boats dumping or discharging such forbidden matter in any place other than that specified in such permit shall be liable to punishment therefor as provided in section 441 of this title; and the owner and master, or person acting in the capacity of master, of any tug or towboat towing such scows or boats shall be liable to equal punishment with the owner and master, of person acting in the capacity of master, of the Scows or boats; and, further, every scowman or other employee on board of both scows and towboats shall be deemed to have knowledge of the place of dumping specified in such permit, and the owners and masters, or persons acting in the capacity of masters, shall be liable to punishment, as aforesaid. for any unlawful dumping, within the meaning of sections 441 to 452 of this title, which may be caused by the negligence or ignorance of such scowman or other employee; and, further, neither defect in machinery nor avoidable accidents to scows or towboats, nor unfavorable weather, nor improper handling or

REFERENCES IN TEXT

CODIFICATION

See note to section 443 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 418, 441, 442, 446, 447, 449, 450, 451, 451a, 451b of this title.

§ 445. Equipment and marking of boats or scows.

§ 446. Inspectors; appointment, powers, and duties.

Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy inspectors, and for the purposes of enforcing sections 441 to 452 of this title, and of detecting and bringing to punishment offenders against the same, the said supervisor of the harbor, and the inspectors and deputy inspectors so appointed by him, shall have power and authority.

First. 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 sections 441 to 451b of this title, or who may violate any of the provisions of the same: Provided, That no person shall be arrested without process for any offense not committed in the presence of the supervisor or his inspectors 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 commissioner, judge, or court of the United States for examination of the offenses alleged against him; and such commissioner, judge, or court shall proceed in respect. thereto as authorized by law in case of crimes against the United States.

Second. To go on board of any scow or towboat engaged in unlawful dumping of prohibited material, or in moving the same without a permit, as required in section 443 of this title, or otherwise violating title, and to seize and hold said boats until they are discharged by action of the commission, judge, or court of the United States before whom the offending persons are brought.

Third. To arrest and take into custody any witness or witnesses to such unlawful dumping of prohibited material, the said witnesses to be released under proper bonds.

Every scow or boat engaged in the transportation of dredgings, earth, sand, mud, cellar dirt, garbage, or other offensive material of any description shall have its name or number and owner's name painted in letters and numbers at least fourteen inches long on both sides of the scow or boat; these names and numbers shall be kept distinctly legible at all times, and no scow or boat not so marked shall be used to transport or dump any such material. Each such scow or boat shall be equipped at all times with a life line or rope extending at least the length of and three feet above the deck thereof, such rope to be attached to the coaming thereof, also with a life preserver and a life buoy for each person on board thereof, also with anchor to weigh not less than two hundred and seventy-five pounds, and at least one hundred feet of cable attached thereto; a list of the names of all men employed on any such scow or boat shall be kept by the owner or master thereof and the said list shall be open to the inspection of all parties. Failure to comply with any of the foregoing provisions shall render the owner of such scow or boat liable upon conviction thereof to a penalty of not more than $500: Provided, That the requirements in regard to life line or rope contained in this section shall not apply to any scow or boat the deck outside the coaming or rail of which shall not exceed one foot in width: And provided further, That on any such scow or boat its name or number and owner's name painted in letters and numbers, at least fourteen inches long on both ends of such scow or boat, shall be a compliance with the provisions of this section in regard to name, number, and owner's name. (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. 426; Feb. 16, 1909, ch. 132, 35 Stat. 623.)

CODIFICATION

Portion of this section preceding the provisos is from act June 29, 1888, ch. 496, § 3, 25 Stat. 209, as amended by acts Aug. 18, 1894, ch. 299, § 3, 28 Stat. 360; act May 28, 1908, ch. 212, § 8.

See, also, note to section 443 of this title.
Provisos are from act Feb. 16, 1909.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 418, 441, 442, 444, 446, 447, 449, 450, 451, 451a, 451b of this title.

REFERENCES IN TEXT

CODIFICATION

See note to section 443 of this title.

AMENDMENTS

1958-Pub. L. 85-802 substituted "Each supervisor of a harbor is authorized and directed to appoint inspectors and deputy inspectors, and, for the purposes of enforcing sections 441-452" for "The supervisor of the harbor of New York, designated as provided in section 451 of this title, is authorized and directed to appoint inspectors and deputy inspectors, and for the purpose of enforcing sections 1, 31, and 441-452".

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section 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.

CHANGE OF NAME

be

References to United States commissioners to deemed references to United States magistrates, see Pub. L. 90-578, title IV, § 402, Oct. 17, 1968, 82 Stat. 1118, which provided that, within each district, references in previously enacted statutes and previously promulgated rules and regulations to United States commissioners are to be deemed, within such district, references to United States magistrates duly appointed under section 631 of Title 28 as soon as the first United States magistrate assumes office within that district or on Oct. 17, 1971, whichever is earlier. See Applicable Law note under section 631 of Title 28, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 418, 441, 442, 444, 447, 449, 450, 451, 451a, 451b of this title.

§ 447. Bribery of inspector; penalty.

Every person who, directly or indirectly, gives any sum of money or other bribe, present, or reward, or makes any offer of the same to any inspector, deputy inspector, or other employee of the office of any supervisor of a harbor with intent to influence such inspector, deputy inspector, or other employee to permit or overlook any violation of the provisions of sections 441 to 451b of this title, shall, on conviction thereof, be fined not less than $500 nor more than $1,000, and be imprisoned not less than six months nor more than one year. (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. 426; Aug. 28, 1958, Pub. L. 85-802, § 1 (4), 72 Stat. 970.)

CODIFICATION

See note to section 443 of this title.

AMENDMENTS

1958-Pub. L. 85-802 substituted "any supervisor of a harbor" for "the supervisor of the harbor”.

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of section 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.

CROSS REFERENCES

Felony and misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 418, 441, 442, 444, 446, 449, 450, 451, 451a, 451b of this title.

§ 448. Return of permit; penalty for failure to return. Every permit issued in accordance with the provisions of section 443 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 all bear an indorsement by the master of the towor 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. 426.)

REFERENCES IN TEXT

This section, referred to in text, is the reference used in section 3 of act June 29, 1888, as amended by act May 28, 1908. Although technically this reference includes sections 443-448 of this title, which are all from section 3, it is probable that only a reference to section 448 of this title, which is based on the last paragraph of section 3, was intended.

CODIFICATION

See note to section 443 of this title.
CROSS REFERENCES

Felony and misdemeanor defined, see section 1 of Title 18, Crimes and Criminal Procedure.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 418, 441, 444, 446, 447, 449, 450, 451, 451a, 451b 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 sections 441 to 451b of this title, 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 section 443 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.