(d). 408… Title United States Code: Protection of Navigable Waters and of Harbor and River Improvements Generally, 33 U.S.C. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 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. It includes laws passed by Congress, also called statutes. L. 89–670, § 6(g)(6)(A), Oct. 15, 1966, 80 Stat. The database is currently undergoing testing and will be available for use late calendar year 2018. Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels ... (33 U.S.C. Internet Explorer 11 is no longer supported. Read this complete 33 U.S.C. Section is from act Mar. The National Environmental Policy Act of 1969, referred to in subsec. § 408(a). Title 33: Investigations. 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. The Section 408 Program authority comes from Section 14 of the RHA (codified at 33 USC 408 (Section 408). Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. Official copy and version will be located in SharePoint @ SWG Section 408 SharePoint. (b) and (c). Taking possession of, use of, or injury to harbor or river improvements on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact, House Passes Open Courts Act Targeting PACER Reform, FCC Again Rejects Net Neutrality Even as Controversy Reignites. Editor's note: This section is similar to former § 12-47-101 as it existed prior to 2018. 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. 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). Taking possession of, use of, or injury to harbor or river improvements § 409. NEW YORK CITY CHARTER. 1985—Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 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 … 641 . Section 408 is the process that allows alteration to a federally authorized project. Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. Subsec. 33 u.s. code title 33 ... chapter 33—prevention of pollution from ships (§§ 1901 – 1915) chapter 33a—marine debris research, prevention, and reduction (§§ 1951 – 1958) chapter 34—inland navigational rules (§§ 2001 – 2073) chapter 35—artificial reefs (§§ 2101 – 2106) Title 2: Board of Standards and Appeals. 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. L. 89–670, and repealed section 6(g)(6)(A). 1041, 70A Stat. Section 408 Tracking Database Along with improvement to the Section 408 process, USACE has developed a database for tracking Section 408 requests, which will include a public interface to provide the status of requests. 501. Title 33. of Title 42, The Public Health and Welfare. USC most recently checked for updates: Dec 16, 2020 All Titles Title 33 Chapter 9 Subchapter I § 408. on Westlaw Firefox, or 152, p. 950, § 2, effective October 1. There are many, many statutes outlined in the USC that pertain to veterans benefits. 941, which created Department of Transportation. Title 3: Fire Department. 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. This Change 1 to EC 1165-2-216, 30 September 2015, revises Appendix G, "Use of Section 214 ofWRDA 2000, as amended, for 33 U.S.C. 408) provides that the Secretary of the Army, on the recommendation of the Chief of Engineers, may grant permission for the temporary occupation or use of any sea wall, bulkhead, jetty, dike, levee, wharf, pier or … Approved for use: Google Chrome, We recommend using L. 114–322 designated existing provisions as subsec. L. 99–88 inserted further proviso empowering Secretary, on recommendation of Chief of Engineers, to grant permission for alteration or permanent occupation or use of any of public works mentioned in this section when in judgment of Secretary such occupation or use will not be injurious to public interest and will not impair usefulness of such work. 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. 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. Section superseded act Sept. 19, 1890, ch. (e). The sole authority to grant permission for temporary or permanent alterations is contained in Section 14 of the Rivers and Harbors Act of 1899 and codified in 33 USC 408 (Section 408). USC Statutes that Veterans Should Know. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (a), inserted heading, and added subsecs. THE RULES OF THE CITY OF NEW YORK. § 408 - U.S. Code - Unannotated Title 33. 2016—Pub. Establishment of harbor lines; conditions to grants for extension of piers, etc. For more detailed codes research information, including annotations and citations, please visit Westlaw. 1041, 70A Stat. 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 … Read this complete 33 U.S.C. 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 The development of a method for a complex process (such as Section 408) inherits the need for updates and refinements through active feedback. 343, title II, 61 Stat. Appendix A: Unconsolidated Local Laws. 852, which is classified generally to chapter 55 (§ 4321 et seq.) 2. Navigation and Navigable Waters § 408. Taking possession of, use of, or injury to harbor or river improvements on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. ), review and approval of the activity under this section shall, to the maximum extent practicable, occur concurrently with any review and decisions made under that Act. Internal Revenue Code Section 408(d)(3) Individual retirement accounts. (b)(1), is Pub. Section 205(a) of act July 26, 1947 , was repealed by section 53 of act Aug. 10, 1956, ch. The SWT utilizes the Director's Policy Memorandum (No. 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. Microsoft Edge. § 404 - U.S. Code - Unannotated Title 33. 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. 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. 408" and references to Appendix Gin the main text ofthe EC, to incorporate changes as a result of Section 1006 ofthe Water Resources Reform and Development Act of2014 (WRRDA 2014). The short title of this article 3 is the "Colorado Liquor Code". From Title 33-NAVIGATION AND NAVIGABLE WATERS CHAPTER 9-PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I-IN GENERAL. 426, which prohibited persons taking possession of or using or injuring government works in navigable waters. 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). The Rules of the City of New York. 343, title II, 61 Stat. Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C.  33 USC 408, Taking possession of, use of, or injury to harbor or river improvements  USACE ECB 2019-15, Interim Approach for Risk Informed Designs for … (33 USC 408). 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, … Pub. Title 33 - Corporations, Partnerships and Associations Chapter 44 - UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996 Section 33-44-409 - General standards of member's and manager's conduct. 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. , 1890, ch, which is classified GENERALLY to Chapter 55 ( et... 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