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 United References to States commissioners to be 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 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. 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. 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. 970.) CODIFICATION Section consists of part only of section 4 of act June 29, 1888. The remaining portion, prescribing the procedure, is set out in section 450 of this title. AMENDMENTS 1958-Pub. L. 85-802 substituted "any harbor subject to sections 441-451b of this title" for "the harbor of New York, or the waters adjacent or tributary thereto", and substituted "the waters of that harbor" for "the waters of the harbor of New York". 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, 442, 444, 446, 447, 450, 451, 451a, 451b of this title. § 450. Liability of vessel. Any boat or vessel used or employed in violating any provision of sections 441 to 451b of this title, 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 See note to section 449 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 418, 441, 442, 444, 446, 447, 449, 451, 451a, 451b of this title. § 451. Supervisor of harbor; appointment and duties. An officer of the Corps of Engineers shall, for each harbor subject to sections 441 to 451b of this title, 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 sections 441 to 451b of this title, 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 said sections. (June 29, 1888, ch. 496, § 5, 25 Stat. 210; 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.) CODIFICATION The Department of War was designated the Department of the Army and the title of the Secretary of War was 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 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army. AMENDMENTS 1958-Pub. L. 85-802 inserted "for each harbor subject to sections 441-451b of this title," 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, repealed phrase "shall receive the sea-pay of his grade and" following "this officer". 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, 442, 443, 444, 446, 447, 449, 450, 451a, 451b of this title. § 451a. Harbors subject to sections 441 to 451b of this title. The following harbors shall be subject to sections 441 to 451b of this title: (1) The harbor of New York. (2) The harbor of Hampton Roads. (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 sub ject to sections 441-451b of this title, for appropriation provisions. 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 441, 442, 444, 446, 447, 449, 450, 451, 451b of this title. § 451b. Same; waters included. For the purposes of sections 441 to 451b of this title (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 lie 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.) § 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.) CODIFICATION The Department of War was designated the Department of the Army and the title of the Secretary of War was 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 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army. 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. 931, which created the Department of Transportation. See section 1655 (g) (6) (A) of Title 49, Transportation. § 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. S$ 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 the Secretary of 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 Sec. 1001. Definitions. 1002. 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 the Secretary of 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. 3. Pollution of the Sea by Oil 33 U.S.C. 1001-1015 Prohibition against discharge of oil or oily mixtures; permissible discharges; regulations.. 1003. Excepted discharges; securing safety of ship; prevention of damage to ship or cargo; saving life; damaged ship or unavoidable leakage; residue from purification or clarification. 1004. Excepted discharges; oily mixtures from bilges. 1005. Penalties for violations; liability of vessel. 1006. Suspension or revocation of license of officers of offending vessels. 1007. Personnel for enforcement of provisions; arrest of offenders and procedure; ship fittings and equipment; civil penalty. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1007 of this title. § 1001. Definitions. As used in this chapter, unless the context otherwise requires (a) The term "convention" means the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954, as amended; (b) The term "discharge" in relation to oil or to an oily mixture means any discharge or escape howsoever caused; (c) The term "heavy diesel oil" means marine diesel oil, other than those distillates of which more than 50 per centum, by volume distills at a temperature not exceeding three hundred and forty degrees centigrade when tested by American Society for the Testing of Materials standard method D. 86/59; (d) The term "mile" means a nautical mile of six thousand and eighty feet or one thousand eight hundred and fifty-two meters; (e) The term "oil" means crude oil, fuel oil, heavy diesel oil, and lubricating oil, and "oily" shall be construed accordingly. An "oily mixture" means with an oil content of one hundred parts or more in one million parts of mixture. (f) The term "person" means an individual, part nership, corporation, or association; and any owner, operator, agent, master, officer, or employee of a ship; (g) The term "prohibited zones" means the zones described in section 1011 of this title as modified by notices, if any, of extension or reduction issued by the Secretary; (h) The term "Secretary" means the Secretary of Transportation; (1) The term "ship", subject to the exceptions provided in paragraph (1) of this subsection, means any seagoing vessel of any type whatsoever of American registry or nationality, including floating craft. whether self-propelled or towed by another vessel making a sea voyage; and "tanker", as a type included within the term "ship", means a ship in which the greater part of the cargo space is constructed or adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, carrying a cargo other than oil in that part of its cargo space. (1) The following categories of vessels are excepted from all provisions of this chapter: (1) tankers of under one hundred and fifty tons gross tonnage and other ships of under five hundred tons gross tonnage. (ii) ships for the time being engaged in the whaling industry when actually employed on whaling operations. (iii) ships for the time being navigating the Great Lakes of North America and their connecting and tributary waters as far east as the lower exit of Saint Lambert lock at Montreal in the Province of Quebec, Canada. (iv) naval ships and ships for the time being used as naval auxiliaries. (j) The term "from the nearest land" means from the baseline from which the territorial sea of the territory in question is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958. (Pub. L. 87-167, § 2, Aug. 30, 1961, 75 Stat. 402; Pub. L. 89-551, § 1(2), Sept. 1, 1966, 80 Stat. 372.) AMENDMENTS 1966 Subsec. (a). Pub. L. 89-551, § 1(2) (A), inserted ", as amended" immediately following "International Convention for the Prevention of the Pollution of the Sea by Oil, 1954". Subsec. (c). Pub. L. 89-551, § 1(2)(B), substituted "D. 86/59" for "D. 158/53". Subsec. (e). Pub. L. 89-551, § 1(2) (C), struck out reference to persistent oils and struck out requirement that the oil in an oily mixture fouls the surface of the sea. Subsec. (1). Pub. L. 89-551, § 1(2) (D), expanded the definition of "ship" to include seagoing vessels of any type whatsoever of American registry or nationality, including floating craft, whether self-propelled or towed by another vessel making a sea voyage, inserted a definition of "tanker", subjected tankers of 150 to 500 tons to the provisions of this chapter, and substituted the lower exit of Saint Lambert lock for the lower exit of the Lachine Canal as the point at Montreal, Canada, constituting the easternmost point of the Great Lakes and their tributary waters within which ships are excepted from the provisions of this chapter. Subsec. (1). Pub. L. 89-551, § 1(2) (E), added subsec. (j). SHORT TITLE Section 1 of Pub. L. 87-167, as amended by section 1(1) of Pub. L. 89-551, provided: "That this Act [which enacted this chapter], to implement the provisions of the International Convention for the Prevention of the Pollution of the Sea by Oil, 1954, as amended, may be cited as the 'Oll Pollution Act. 1961. as amended'." SEPARABILITY OF PROVISIONS Section 15 of Pub. L. 87-167 provided that: "If a provision of this Act [this chapter] or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act [this chapter] and the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby." TRANSFER OF FUNCTIONS "Secretary of Transportation" was substituted for "Secretary of the Army" in par. (h) pursuant to Pub. L. 89670, Oct. 15, 1966, 80 Stat. 931, which transferred all functions, powers, and duties of the Secretary of the Army and other officers and offices of the Department of the Army under this chapter to the Secretary of Transportation. See section 1655 (g) (5) of Title 49, Transportation. § 1002. Prohibition against discharge of oil or oily mixtures; permissible discharges; regulations. Subject to the provisions of sections 1003 and 1004 of this title, it shall be unlawful for any person to discharge oil or oily mixture from: (a) a tanker within any of the prohibited zones. (b) a ship, other than a tanker, within any of the prohibited zones, except when the ship is proceeding to a port not provided with facilities adequate for the reception, without causing undue delay, it may discharge such residues and oily mixture as would remain for disposal if the bulk of the water had been separated from the mixture: Provided, such discharge is made as far as practicable from land. (c) a ship of twenty thousand tons gross tonnage or more, including a tanker, for which the building contract is placed on or after the effective date of this chapter. However, if in the opinion of the master, special circumstances make it neither reasonable nor practicable to retain the oil or oily mixture on board, it may be discharged outside the prohibited zones. The reasons for such discharge shall be reported in accordance with the regulations prescribed by the Secretary. (Pub. L. 87-167, § 3, Aug. 30, 1961, 75 Stat. 402; Pub. L. 89-551, § 1(3), Sept. 1, 1966, 80 Stat. 373.) REFERENCES IN TEXT For the effective date of this chapter, referred to in subsec. (c), see section 1015 of this title. AMENDMENTS 1966 Subsec. (a). Pub. L. 89-551 struck out provision that, to constitute a prohibited discharge of oil or oily mixture, the discharge must foul the surface of the sea. Subsec. (b). Pub. L. 89-551 substituted "oil or an oily mixture" for "olly ballast water or tank washings" as the decription of the discharges which have to be made as far as practicable from land and excepted ships other than tankers from the prohibition of the subsection when the ship is proceeding to a port not provided with facilities adequate for the reception, without causing undue delay, and, in such cases, allowed discharge of whatever discharges and oily mixtures as would remain for disposal if the bulk of the water had been separated from the mixture. Subsec. (c). Pub. L. 89-551 added subsec. (c). SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1003, 1004, 1008, 1009 of this title. § 1003. Excepted discharges; securing safety of ship; prevention of damage to ship or cargo; saving life; damaged ship or unavoidable leakage; residue from purification or clarification. Section 1002 of this title shall not apply to(a) the discharge of oil or oily mixture from a ship for the purpose of securing the safety of a ship, preventing damage to a ship or cargo, or saving life at sea; or (b) the escape of oil, or of oily mixture, resulting from damage to a ship or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimizing the escape; (c) the discharge of residue arising from the purification or clarification of fuel oil or lubricating oil: Provided, That such discharge is made as far from land as practicable. (Pub. L. 87-167, § 4, Aug. 30, 1961, 75 Stat. 402; Pub. L. 89-551, § 1(4), Sept. 1, 1966, 80 Stat. 373.) AMENDMENTS 1966- Pub. L. 89-551 removed sediment which cannot be pumped from the cargo tanks of tankers by reason of its solidarity from the list of substances excepted from the prohibitions of section 1002 of this title and revised the excepted discharges to include discharges when made for securing safety when another ship is involved. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1002, 1008, 1009 of this title. § 1004. Excepted discharges; oily mixtures from bilges. Section 1002 of this title shall not apply to the discharge from the bilges of a ship of an oily mixture containing no oil other than lubricating oil which has drained or leaked from machinery spaces. (Pub. L. 87-167, § 5, Aug. 30, 1961, 75 Stat. 403; Pub. L. 89-551, § 1(5), Sept. 1, 1966, 80 Stat. 374.) AMENDMENTS 1966 Pub. L. 89-551 removed the exception for the discharge from the bilges of oil mixtures during the period of twelve months after the United States accepts the convention and narrowed the exception for an oily mixture containing lubricating oil by limiting it to lubricating oil which has drained or leaked from machinery spaces. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1002, 1009 of this title. § 1005. Penalties for violations; liability of vessel. Any person who violates any provision of this chapter, except sections 1007(b) and 1008 of this title, or any regulation prescribed in pursuance thereof, is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding |