33 usc 408

It includes laws passed by Congress, also called statutes. The National Environmental Policy Act of 1969, referred to in subsec. L. 114–322 designated existing provisions as subsec. 33 USC 409: Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels Text contains those laws in effect on December 24, 2020. L. 99–570, §1005(b)(2), which directed the amendment of subsec. Title 33: Investigations. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. of Title 42, The Public Health and Welfare. 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. (d). Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels ... (33 U.S.C. (33 USC 408). A developer must obtain a Section 408 Authorization to take possession of, make use of, or build upon, alter, deface, destroy, move, injure, obstruct, or impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States for the preservation and improvement of any of its navigable waters 33 U.S.C. Official copy and version will be located in SharePoint @ SWG Section 408 SharePoint. § 408 - U.S. Code - Unannotated Title 33. Approved for use: Section 408 is the process that allows alteration to a federally authorized project. On or before the date that is 30 days after the date on which the Secretary receives an application for permission to take action affecting public projects pursuant to subsection (a), the Secretary shall inform the applicant whether the application is complete and, if it is not, what items are needed for the application to be complete. It shall not be lawful for any person or persons to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preservation and improvement of any of its navigable waters or to prevent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material composing such works: Provided, That the Secretary of the Army may, on the recommendation of the Chief of Engineers, grant permission for the temporary occupation or use of any of the aforementioned public works when in his judgment such occupation or use will not be injurious to the public interest: Provided further, That the Secretary may, on the recommendation of the Chief of Engineers, grant permission for the alteration or permanent occupation or use of any of the aforementioned public works when in the judgment of the Secretary such occupation or use will not be injurious to the public interest and will not impair the usefulness of such work. Within the U.S. Army Corps of Engineers, the authority to approve Section 408 permissions has been delegated to … 408… alterations to, or temporarily or permanently occupy or use, any US Army Corps of Engineers (USACE) federally authorized Civil Works project under 33 USC 408 (Section 408). FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. There are many, many statutes outlined in the USC that pertain to veterans benefits. Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 343, title II, 61 Stat. Pub. For more detailed codes research information, including annotations and citations, please visit Westlaw. Firefox, or For the purposes of this section, the term “work” shall not include unimproved real estate owned or operated by the Secretary as part of a water resources development project if the Secretary determines that modification of such real estate would not affect the function and usefulness of the project. (b) and (c). The Section 408 Program authority comes from Section 14 of the RHA (codified at 33 USC 408 (Section 408). 501. 2. Editor's note: This section is similar to former § 12-47-101 as it existed prior to 2018. (c) of this section by striking out "and section 4202 of title 18 of the United States Code", was executed by striking out that language in subsec. USACE Issues Updated 408 Guidance The U.S. Army Corps of Engineers has issued Engineer Circular 1165-2-220, updating the process and criteria used to review requests to alter civil works projects. Section superseded act Sept. 19, 1890, ch. USC most recently checked for updates: Dec 16, 2020 All Titles Title 33 Chapter 9 Subchapter I § 408. (b)(1), is Pub. 641. Searchable text of the 33 USC 408 - Taking possession of, use of, or injury to harbor or river improvements (US Code), including Notes, Amendments, and Table of Authorities Provides that the Secretary of the Army may, on recommendation of the Chief of Engineers, grant permission for the alteration of a public work so long as that alteration is not injurious to the public interest and will not impair the usefulness of the work. In any case in which a schedule provided under paragraph (2)(B) extends beyond 120 days from the date of receipt of a complete application, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an explanation justifying the extended timeframe for review. 4321 et seq. Internet Explorer 11 is no longer supported. The U.S. Army Corps of Engineers (USACE) Section 408 policy, EC 1165-2-220 effective September 10, 2018, sets forth the process and criteria USACE uses … Subsec. 641 . 33 USC 408 (Chapter 9.1), Navigation and Navigable Waters: It is unlawful for any person(s) to build upon, alter, deface, destroy, move, injure, obstruct or… impair the usefulness of … (USACE) federally authorized civil works project, pursuant to 33 USC 408 (Section 408). 3, 1899, popularly known as the “Rivers and Harbors Appropriation Act of 1899”. 1. 343, title II, 61 Stat. 44-3-101. Navigation and Navigable Waters, Read this complete 33 U.S.C. This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, which has since been amended several times and is codified at 33 USC 408 (Section 408). Appendix A: Unconsolidated Local Laws. Short title. § 408(a). The Secretary may accept and expend funds received from non-Federal public or private entities to evaluate under this section an alteration or permanent occupation or use of a work built by the United States. NEW YORK CITY CHARTER. Title United States Code: Protection of Navigable Waters and of Harbor and River Improvements Generally, 33 U.S.C. We recommend using § 408 (Section 408). L. 89–670, and repealed section 6(g)(6)(A). Navigation and Navigable Waters § 408. Taking possession of, use of, or injury to harbor or river improvements § 409. (e). L. 91–190, Jan. 1, 1970, 83 Stat. 139, penalizing persons injuring any pier breakwater, or other work of the United States for the improvement of rivers or harbors or navigation, was probably omitted from the Code as superseded by this section. participate in the review as a cooperating agency (unless the Corps of Engineers does not intend to submit comments on the project); and, coordinate applicable reviews and, to the maximum extent practicable, carry out the reviews concurrently; and, adopt and use any document prepared by the Corps of Engineers for the purpose of complying with the same law and that addresses the same types of impacts in the same geographic area if such document, as determined by the, provide a schedule to the applicant identifying when the, {'misc': '', 'cleanpath': '/uscode/text/33/408', 'headtext': ' Taking possession of, use of, or injury to harbor or river improvements', 'cfr_titles': [{'title': '32', 'parts': [{'part': '537', 'cleanpath': '/cfr/text/32/part-537', 'headtext': 'CLAIMS ON BEHALF OF THE UNITED STATES'}]}, {'title': '33', 'parts': [{'part': '70', 'cleanpath': '/cfr/text/33/part-70', 'headtext': 'INTERFERENCE WITH OR DAMAGE TO AIDS TO NAVIGATION'}, {'part': '320', 'cleanpath': '/cfr/text/33/part-320', 'headtext': 'GENERAL REGULATORY POLICIES'}, {'part': '325', 'cleanpath': '/cfr/text/33/part-325', 'headtext': 'PROCESSING OF DEPARTMENT OF THE ARMY PERMITS'}, {'part': '326', 'cleanpath': '/cfr/text/33/part-326', 'headtext': 'ENFORCEMENT'}, {'part': '329', 'cleanpath': '/cfr/text/33/part-329', 'headtext': 'DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES'}, {'part': '330', 'cleanpath': '/cfr/text/33/part-330', 'headtext': 'NATIONWIDE PERMIT PROGRAM'}, {'part': '331', 'cleanpath': '/cfr/text/33/part-331', 'headtext': 'ADMINISTRATIVE APPEAL PROCESS'}]}], 'section': '408'}, Corps of Engineers as a cooperating agency, If the Corps of Engineers is not the lead Federal agency for an environmental review described in subparagraph (A), the Corps of Engineers shall, to the maximum extent practicable and consistent with Federal laws—, adopt and use any environmental document prepared under the, On or before the date that is 90 days after the date on which the, National Environmental Policy Act of 1969, Rivers and Harbors Appropriation Act of 1899. 941, which created Department of Transportation. PURSUANT TO 33 USC 408 . (d) Tax treatment of distributions. L. 97–449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. If approved, categorical permissions would be applicable to certain categories of requests to alter Federal flood control and flood risk reduction projects and navigation projects within the boundaries of the District. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. (d). on Westlaw Navigation and Navigable Waters § 404. 33 USC 408 - Taking Possession Of, Use Of, or Injury to Harbor or River Improvements - Navigation and Navigable Waters - US Code 33 USC 408 - Taking Possession Of, Use Of, … The Draft EC, once finalized, will replace existing guidance on the permission process required by Section 14 of the Rivers and Harbors Act of 1899, as amended and codified in 33 U.S.C. (1) In general. L. 98–473, §224(b), as renumbered by Pub. 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