1625-0100 Stat Authority

§ 1204

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

upon the navigable waters of the United States,
which includes all waters of the territorial sea
of the United States as described in Presidential
Proclamation 5928 of December 27, 1988.
(Pub. L. 92–63, § 4, Aug. 4, 1971, 85 Stat. 164; Pub.
L. 102–241, § 16, Dec. 19, 1991, 105 Stat. 2213; Pub.
L. 104–324, title VII, § 704, Oct. 19, 1996, 110 Stat.
3933; Pub. L. 107–295, title III, § 321, Nov. 25, 2002,
116 Stat. 2103.)
REFERENCES IN TEXT
Presidential Proclamation 5928 of December 27, 1988,
referred to in subsec. (b), is set out as a note under section 1331 of Title 43, Public Lands.
AMENDMENTS
2002—Subsec. (b). Pub. L. 107–295 substituted ‘‘United
States, which includes all waters of the territorial sea
of the United States as described in Presidential Proclamation 5928 of December 27, 1988’’ for ‘‘United States
inside the lines established pursuant to section 151 of
this title’’.
1996—Subsec. (a)(2). Pub. L. 104–324 inserted ‘‘as measured under section 14502 of title 46, or an alternate tonnage measured under section 14302 of that title as prescribed by the Secretary under section 14104 of that
title,’’ after ‘‘one hundred gross tons’’.
1991—Subsec. (a)(1). Pub. L. 102–241 amended par. (1)
generally, substituting ‘‘twenty meters or over in
length’’ for ‘‘three hundred gross tons and upward’’.
VESSEL COMMUNICATION EQUIPMENT REGULATIONS
Pub. L. 101–380, title IV, § 4118, Aug. 18, 1990, 104 Stat.
523, provided that: ‘‘The Secretary shall, not later than
one year after the date of the enactment of this Act
[Aug. 18, 1990], issue regulations necessary to ensure
that vessels subject to the Vessel Bridge-to-Bridge Radiotelephone Act of 1971 (33 U.S.C. 1203) are also
equipped as necessary to—
‘‘(1) receive radio marine navigation safety warnings; and
‘‘(2) engage in radio communications on designated
frequencies with the Coast Guard, and such other vessels and stations as may be specified by the Secretary.’’

§ 1204. Radiotelephone for exclusive use of master, person in charge, or pilot; frequency listening watch; portable radiotelephone equipment
The radiotelephone required by this chapter is
for the exclusive use of the master or person in
charge of the vessel, or the person designated by
the master or person in charge to pilot or direct
the movement of the vessel, who shall maintain
a listening watch on the designated frequency.
Nothing contained herein shall be interpreted as
precluding the use of portable radiotelephone
equipment to satisfy the requirements of this
chapter.
(Pub. L. 92–63, § 5, Aug. 4, 1971, 85 Stat. 165.)
§ 1205. Radiotelephone capability; maintenance;
restoration; consequences of loss: navigation
of vessel
Whenever radiotelephone capability is required by this chapter, a vessel’s radiotelephone
equipment shall be maintained in effective operating condition. If the radiotelephone equipment
carried aboard a vessel ceases to operate, the
master shall exercise due diligence to restore it
or cause it to be restored to effective operating
condition at the earliest practicable time. The

Page 300

failure of a vessel’s radiotelephone equipment
shall not, in itself, constitute a violation of this
chapter, nor shall it obligate the master of any
vessel to moor or anchor his vessel; however, the
loss of radiotelephone capability shall be given
consideration in the navigation of the vessel.
(Pub. L. 92–63, § 6, Aug. 4, 1971, 85 Stat. 165.)
§ 1206. Exemptions; terms and conditions
The Secretary may, if he considers that marine navigational safety will not be adversely affected or where a local communication system
fully complies with the intent of this concept
but does not conform in detail, issue exemptions
from any provisions of this chapter, on such
terms and conditions as he considers appropriate.
(Pub. L. 92–63, § 7, Aug. 4, 1971, 85 Stat. 165.)
§ 1207. Regulations
(a) Operating and technical conditions and characteristics; frequencies, emission, and power
of radiotelephone equipment
The Federal Communications Commission
shall, after consultation with other cognizant
agencies, prescribe regulations necessary to
specify operating and technical conditions and
characteristics including frequencies, emission,
and power of radiotelephone equipment required
under this chapter.
(b) Enforcement
The Secretary shall, subject to the concurrence of the Federal Communications Commission, prescribe regulations for the enforcement
of this chapter.
(Pub. L. 92–63, § 8, Aug. 4, 1971, 85 Stat. 165.)
§ 1208. Penalties
(a) Master, person in charge, or pilot subject to
penalty
Whoever, being the master or person in charge
of a vessel subject to this chapter, fails to enforce or comply with this chapter or the regulation, hereunder; or
Whoever, being designated by the master or
person in charge of a vessel subject to this chapter to pilot or direct the movement of the vessel, fails to enforce or comply with this chapter
or the regulations hereunder—
Is liable to a civil penalty of not more than
$500 to be assessed by the Secretary.
(b) Vessels subject to penalty; jurisdiction
Every vessel navigating in violation of this
chapter or the regulations hereunder is liable to
a civil penalty of not more than $500 to be assessed by the Secretary for which the vessel
may be proceeded against in any district court
of the United States having jurisdiction.
(c) Remission or mitigation
Any penalty assessed under this section may
be remitted or mitigated by the Secretary upon
such terms as he may deem proper.
(Pub. L. 92–63, § 9, Aug. 4, 1971, 85 Stat. 165.)
CHAPTER 25—PORTS AND WATERWAYS
SAFETY PROGRAM
Sec.

1221.

Statement of policy.

Page 301

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Sec.

1222.
1223.
1223a.
1224.
1225.
1226.
1227.
1228.
1229.
1230.
1231.
1231a.
1232.
1232a.
1232b.
1233.
1234.
1235.
1236.

Definitions.
Vessel operating requirements.
Electronic charts.
Considerations by Secretary.
Waterfront safety.
Port, harbor, and coastal facility security.
Investigatory powers.
Conditions for entry to ports in the United
States.
Applicability.
International agreements.
Regulations.
Towing Safety Advisory Committee.
Enforcement provisions.
Navigational hazards.
Requirement to notify Coast Guard of release
of objects into the navigable waters of the
United States.
Regulations as to regattas or marine parades.
Enforcement of regulations; use of public or
private vessels.
Transfer of authority to regulate to head of
other department.
Penalties for violations of regulations.

§ 1221. Statement of policy
The Congress finds and declares—
(a) that navigation and vessel safety, protection of the marine environment, and safety
and security of United States ports and waterways are matters of major national importance;
(b) that increased vessel traffic in the Nation’s ports and waterways creates substantial
hazard to life, property, and the marine environment;
(c) that increased supervision of vessel and
port operations is necessary in order to—
(1) reduce the possibility of vessel or cargo
loss, or damage to life, property, or the marine environment;
(2) prevent damage to structures in, on, or
immediately adjacent to the navigable waters of the United States or the resources
within such waters;
(3) insure that vessels operating in the
navigable waters of the United States shall
comply with all applicable standards and requirements for vessel construction, equipment, manning, and operational procedures;
and
(4) insure that the handling of dangerous
articles and substances on the structures in,
on, or immediately adjacent to the navigable waters of the United States is conducted in accordance with established standards and requirements; and
(d) that advance planning is critical in determining proper and adequate protective
measures for the Nation’s ports and waterways
and the marine environment, with continuing
consultation with other Federal agencies,
State representatives, affected users, and the
general public, in the development and implementation of such measures.
(Pub. L. 92–340, § 2, formerly title I, § 101, July 10,
1972, 86 Stat. 424; renumbered and amended Pub.
L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471; Pub. L.
107–295, title IV, § 443(1), Nov. 25, 2002, 116 Stat.
2132.)
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–295 substituted ‘‘safety,
protection of the marine environment, and safety and

§ 1222

security of United States ports and waterways’’ for
‘‘safety and protection of the marine environment’’.
1978—Pub. L. 95–474 substituted provision relating to
Congressional declaration of findings for provision relating to the authority of the Secretary of the department in which the Coast Guard is operating to prevent
damage to vessels, bridges, and other structures and to
protect navigable waters from environmental harm.
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99–399, title IX, § 901, Aug. 27, 1986, 100 Stat.
889, provided that: ‘‘This title [enacting section 1226 of
this title and sections 1801 to 1809 of the former Appendix to Title 46, Shipping] may be cited as the ‘International Maritime and Port Security Act’.’’
SHORT TITLE OF 1978 AMENDMENT
Section 1 of Pub. L. 95–474 provided: ‘‘That this Act
[enacting sections 1225, 1228 to 1231, and 1232 of this
title, amending this section, sections 1222 to 1224, 1226,
and 1227 of this title, and sections 214 and 391a of Title
46, Shipping, and enacting provisions set out as notes
under this section and section 1224 of this title and section 391a of former Title 46] may be cited as the ‘Port
and Tanker Safety Act of 1978’.’’
SHORT TITLE
Section 1 of Pub. L. 92–340, as amended by Pub. L.
95–474, § 2, Oct. 17, 1978, 92 Stat. 1471, provided that:
‘‘This Act [this chapter] may be cited as the ‘Ports and
Waterways Safety Act’.’’
SAVINGS PROVISION
Section 6(a) of Pub. L. 95–474 provided that: ‘‘Regulations previously issued under statutory provisions
which are amended by section 2 of this Act [amending
this section and sections 1222 to 1227, of this title] shall
continue in effect as though issued under the authority
of the Ports and Waterways Safety Act of 1972, as
amended by this Act [this chapter], until expressly abrogated, modified, or amended by the Secretary. Any
proceeding under title I of Public Law 92–340 [which enacted this section and sections 1222 to 1227 of this title]
for a violation which occurred before the effective date
of this Act [Oct. 17, 1978] may be initiated or continued
to conclusion as though such public law had not been
amended by this Act [amendment by section 2 of Pub.
L. 95–474].’’
SEPARABILITY
Section 6(c) of Pub. L. 95–474 provided that: ‘‘If a provision of this Act [see Short Title of 1978 Amendment
note above] or the application of such provision to any
person or circumstances shall be held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those to
which it is held invalid shall not be affected thereby.’’
ESTABLISHMENT OF VESSEL TRAFFIC CONTROL SYSTEM
FOR PRINCE WILLIAM SOUND AND VALDEZ, ALASKA
Pub. L. 93–153, title IV, § 402, Nov. 16, 1973, 87 Stat. 589,
provided that: ‘‘The Secretary of the Department in
which the Coast Guard is operating is hereby directed
to establish a vessel traffic control system for Prince
William Sound and Valdez, Alaska, pursuant to authority contained in title I of the Ports and Waterways
Safety Act of 1972 (86 Stat. 424, Public Law 92–340) [this
chapter, prior to the amendment by Pub. L. 95–474, Oct.
17, 1978, 92 Stat. 1471].’’

§ 1222. Definitions
As used in this chapter, unless the context
otherwise requires—
(1) ‘‘Marine environment’’ means the navigable waters of the United States and the land
and resources therein and thereunder; the waters and fishery resources of any area over

§ 1223

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

which the United States asserts exclusive fishery management authority; the seabed and
subsoil of the Outer Continental Shelf of the
United States, the resources thereof and the
waters superjacent thereto; and the recreational, economic, and scenic values of such
waters and resources.
(2) ‘‘Secretary’’ means the Secretary of the
department in which the Coast Guard is operating, except that ‘‘Secretary’’ means the Secretary of Transportation with respect to the
application of this chapter to the Saint Lawrence Seaway.
(3) ‘‘State’’ includes each of the several
States of the United States, the District of Columbia, the Commonwealth of Puerto Rico,
the Canal Zone, Guam, American Samoa, the
United States Virgin Islands, the Trust Territories of the Pacific Islands, the Commonwealth of the Northern Marianas, and any
other commonwealth, territory, or possession
of the United States.
(4) ‘‘United States’’, when used in geographical context, means all the States thereof.
(5) ‘‘Navigable waters of the United States’’
includes all waters of the territorial sea of the
United States as described in Presidential
Proclamation No. 5928 of December 27, 1988.
(Pub. L. 92–340, § 3, formerly title I, § 102, July 10,
1972, 86 Stat. 425; renumbered and amended Pub.
L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471; Pub. L.
105–383, title III, § 301(a), Nov. 13, 1998, 112 Stat.
3417; Pub. L. 108–293, title III, § 304, Aug. 9, 2004,
118 Stat. 1042.)
REFERENCES IN TEXT
For definition of Canal Zone, referred to in par. (3),
see section 3602(b) of Title 22, Foreign Relations and
Intercourse.
Presidential Proclamation No. 5928, referred to in
par. (5), is set out under section 1331 of Title 43, Public
Lands.
AMENDMENTS
2004—Par. (2). Pub. L. 108–293 inserted ‘‘, except that
‘Secretary’ means the Secretary of Transportation
with respect to the application of this chapter to the
Saint Lawrence Seaway’’ after ‘‘in which the Coast
Guard is operating’’.
1998—Par. (5). Pub. L. 105–383, which directed the
amendment of section 102 of the Ports and Waterways
Safety Act by adding par. (5), was executed to this section, which is section 3 of that act, to reflect the probable intent of Congress and the renumbering of section
102 as section 3 by Pub. L. 95–474.
1978—Pub. L. 95–474 substituted provision relating to
definitions for provision defining ‘‘United States’’, permitting higher State or local safety standards, and providing for consultation with appropriate agencies, the
inapplicability of this chapter to the Panama Canal,
delegation of powers with respect to the Saint Lawrence Seaway, and factors to be considered in issuance
of regulations.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

Page 302

TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

§ 1223. Vessel operating requirements
(a) In general
Subject to the requirements of section 1224 of
this title, the Secretary—
(1) in any port or place under the jurisdiction of the United States, in the navigable waters of the United States, or in any area covered by an international agreement negotiated
pursuant to section 1230 of this title, may construct, operate, maintain, improve, or expand
vessel traffic services, consisting of measures
for controlling or supervising vessel traffic or
for protecting navigation and the marine environment and may include, but need not be
limited to one or more of the following: reporting and operating requirements, surveillance and communications systems, routing
systems, and fairways;
(2) shall require appropriate vessels which
operate in an area of a vessel traffic service to
utilize or comply with that service;
(3) may require vessels to install and use
specified navigation equipment, communications equipment, electronic relative motion
analyzer equipment, or any electronic or other
device necessary to comply with a vessel traffic service or which is necessary in the interests of vessel safety: Provided, That the Secretary shall not require fishing vessels under
300 gross tons as measured under section 14502
of title 46, or an alternate tonnage measured
under section 14302 of that title as prescribed
by the Secretary under section 14104 of that
title or recreational vessels 65 feet or less to
possess or use the equipment or devices required by this subsection solely under the authority of this chapter;
(4) may control vessel traffic in areas subject to the jurisdiction of the United States
which the Secretary determines to be hazardous, or under conditions of reduced visibility,
adverse weather, vessel congestion, or other
hazardous circumstances by—
(A) specifying times of entry, movement,
or departure;
(B) establishing vessel traffic routing
schemes;
(C) establishing vessel size, speed, draft
limitations and vessel operating conditions;
and
(D) restricting operation, in any hazardous
area or under hazardous conditions, to vessels which have particular operating characteristics or capabilities which he considers
necessary for safe operation under the circumstances;
(5) may require the receipt of prearrival
messages from any vessel, destined for a port
or place subject to the jurisdiction of the
United States, in sufficient time to permit advance vessel traffic planning prior to port
entry, which shall include any information
which is not already a matter of record and
which the Secretary determines necessary for

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

the control of the vessel and the safety of the
port or the marine environment; and
(6) may prohibit the use on vessels of electronic or other devices that interfere with
communication and navigation equipment, except that such authority shall not apply to
electronic or other devices certified to transmit in the maritime services by the Federal
Communications Commission and used within
the frequency bands 157.1875–157.4375 MHz and
161.7875–162.0375 MHz.
(b) Special powers
The Secretary may order any vessel, in a port
or place subject to the jurisdiction of the United
States or in the navigable waters of the United
States, to operate or anchor in a manner he directs if—
(1) he has reasonable cause to believe such
vessel does not comply with any regulation issued under this chapter or any other applicable law or treaty;
(2) he determines that such vessel does not
satisfy the conditions for port entry set forth
in section 1228 of this title; or
(3) by reason of weather, visibility, sea conditions, port congestion, other hazardous circumstances, or the condition of such vessel, he
is satisfied that such directive is justified in
the interest of safety.
(c) Port access routes
(1) In order to provide safe access routes for
the movement of vessel traffic proceeding to or
from ports or places subject to the jurisdiction
of the United States, and subject to the requirements of paragraph (3) hereof, the Secretary
shall designate necessary fairways and traffic
separation schemes for vessels operating in the
territorial sea of the United States and in high
seas approaches, outside the territorial sea, to
such ports or places. Such a designation shall
recognize, within the designated area, the paramount right of navigation over all other uses.
(2) No designation may be made by the Secretary pursuant to this subsection, if such a designation, as implemented, would deprive any
person of the effective exercise of a right granted by a lease or permit executed or issued under
other applicable provisions of law: Provided,
That such right has become vested prior to the
time of publication of the notice required by
clause (A) of paragraph (3) hereof: Provided further, That the determination as to whether the
designation would so deprive any such person
shall be made by the Secretary, after consultation with the responsible official under whose
authority the lease was executed or the permit
issued.
(3) Prior to making a designation pursuant to
paragraph (1) hereof, and in accordance with the
requirements of section 1224 of this title, the
Secretary shall—
(A) within six months after date of enactment of this Act (and may, from time to time
thereafter), undertake a study of the potential
traffic density and the need for safe access
routes for vessels in any area for which fairways or traffic separation schemes are proposed or which may otherwise be considered
and shall publish notice of such undertaking
in the Federal Register;

§ 1223

(B) in consultation with the Secretary of
State, the Secretary of the Interior, the Secretary of Commerce, the Secretary of the
Army, and the Governors of affected States, as
their responsibilities may require, take into
account all other uses of the area under consideration (including, as appropriate, the exploration for, or exploitation of, oil, gas, or
other mineral resources, the construction or
operation of deepwater ports or other structures on or above the seabed or subsoil of the
submerged lands or the Outer Continental
Shelf of the United States, the establishment
or operation of marine or estuarine sanctuaries, and activities involving recreational
or commercial fishing); and
(C) to the extent practicable, reconcile the
need for safe access routes with the needs of
all other reasonable uses of the area involved.
(4) In carrying out his responsibilities under
paragraph (3), the Secretary shall proceed expeditiously to complete any study undertaken.
Thereafter, he shall promptly issue a notice of
proposed rule-making for the designation contemplated or shall have published in the Federal
Register a notice that no designation is contemplated as a result of the study and the reason for such determination.
(5) In connection with a designation made pursuant to this subsection, the Secretary—
(A) shall issue reasonable rules and regulations governing the use of such designated
areas, including the applicability of rules 9
and 10 of the International Regulations for
Preventing Collisions at Sea, 1972, relating to
narrow channels and traffic separation
schemes, respectively, in waters where such
regulations apply;
(B) to the extent that he finds reasonable
and necessary to effectuate the purposes of the
designation, make the use of designated fairways and traffic separation schemes mandatory for specific types and sizes of vessels, foreign and domestic, operating in the territorial
sea of the United States and for specific types
and sizes of vessels of the United States operating on the high seas beyond the territorial
sea of the United States;
(C) may, from time to time, as necessary,
adjust the location or limits of designated
fairways or traffic separation schemes, in
order to accommodate the needs of other uses
which cannot be reasonably accommodated
otherwise: Provided, That such an adjustment
will not, in the judgement of the Secretary,
unacceptably adversely affect the purpose for
which the existing designation was made and
the need for which continues; and
(D) shall, through appropriate channels, (i)
notify cognizant international organizations
of any designation, or adjustment thereof, and
(ii) take action to seek the cooperation of foreign States in making it mandatory for vessels under their control to use any fairway or
traffic separation scheme designated pursuant
to this subsection in any area of the high seas,
to the same extent as required by the Secretary for vessels of the United States.
(d) Exception
Except pursuant to international treaty, convention, or agreement, to which the United

§ 1223a

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

States is a party, this chapter shall not apply to
any foreign vessel that is not destined for, or departing from, a port or place subject to the jurisdiction of the United States and that is in—
(1) innocent passage through the territorial
sea of the United States, or
(2) transit through the navigable waters of
the United States which form a part of an
international strait.
(e) Cooperative agreements
(1) The Secretary may enter into cooperative
agreements with public or private agencies, authorities, associations, institutions, corporations, organizations, or other persons to carry
out the functions under subsection (a)(1) of this
section.
(2) A nongovernmental entity may not under
this subsection carry out an inherently governmental function.
(3) As used in this paragraph, the term ‘‘inherently governmental function’’ means any activity that is so intimately related to the public interest as to mandate performance by an officer
or employee of the Federal Government, including an activity that requires either the exercise
of discretion in applying the authority of the
Government or the use of judgment in making a
decision for the Government.
(Pub. L. 92–340, § 4, formerly title I, § 103, July 10,
1972, 86 Stat. 426; renumbered and amended Pub.
L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1472; Pub. L.
101–380, title IV, § 4107(a), Aug. 18, 1990, 104 Stat.
514; Pub. L. 104–324, title VII, § 705, Oct. 19, 1996,
110 Stat. 3934; Pub. L. 108–293, title III, § 302, Aug.
9, 2004, 118 Stat. 1041; Pub. L. 109–241, title IX,
§ 901(d), July 11, 2006, 120 Stat. 564.)
REFERENCES IN TEXT
The date of enactment of this Act, referred to in subsec. (c)(3)(A), probably means the date of enactment of
Pub. L. 95–474, which was approved Oct. 17, 1978.
The International Regulations for Preventing Collisions at Sea, 1972, referred to in subsec. (c)(5)(A), came
into effect pursuant to the Convention on the International Regulations for Preventing Collisions at Sea,
1972. See International Regulations for Preventing Collisions at Sea, 1972 note under section 1602 of this title.
AMENDMENTS
2006—Subsecs. (a)(6), (e). Pub. L. 109–241 amended directory language of Pub. L. 108–293, § 302. See 2004
Amendment note below.
2004—Subsec. (a)(6). Pub. L. 108–293, § 302(1), as amended by Pub. L. 109–241, added par. (6).
Subsec. (e). Pub. L. 108–293, § 302(2), as amended by
Pub. L. 109–241, which directed the addition of subsec.
(e) at the end of subsec. (a) of this section, was executed by adding subsec. (e) at the end of this section.
1996—Subsec. (a)(3). Pub. L. 104–324 inserted ‘‘as measured under section 14502 of title 46, or an alternate tonnage measured under section 14302 of that title as prescribed by the Secretary under section 14104 of that
title’’ after ‘‘300 gross tons’’.
1990—Subsec. (a). Pub. L. 101–380, § 4107(a)(1), substituted ‘‘Secretary—’’ for ‘‘Secretary may—’’.
Subsec. (a)(1). Pub. L. 101–380, § 4107(a)(2), substituted
‘‘may construct, operate, maintain, improve, or expand’’ for ‘‘establish, operate, and maintain’’.
Subsec. (a)(2). Pub. L. 101–380, § 4107(a)(3), substituted
‘‘shall require appropriate’’ for ‘‘require’’.
Subsec. (a)(3). Pub. L. 101–380, § 4107(a)(4), inserted
‘‘may’’ before ‘‘require’’, which was executed by making the insertion before ‘‘require’’ the first place it appeared to reflect the probable intent of Congress.

Page 304

Subsec. (a)(4). Pub. L. 101–380, § 4107(a)(5), inserted
‘‘may’’ before ‘‘control’’.
Subsec. (a)(5). Pub. L. 101–380, § 4107(a)(6), inserted
‘‘may’’ before ‘‘require’’.
1978—Pub. L. 95–474 substituted provision relating to
vessel operating requirements for provision relating to
the investigatory powers of the Secretary, production
of witnesses and documents, and fees and allowances
for witnesses.
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109–241, title IX, § 901(d), July 11, 2006, 120
Stat. 564, provided in part that the amendment made
by section 901(d) is effective Aug. 9, 2004.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–380 applicable to incidents
occurring after Aug. 18, 1990, see section 1020 of Pub. L.
101–380, set out as an Effective Date note under section
2701 of this title.
NOTICE OF ARRIVAL FOR FOREIGN VESSELS ON THE
OUTER CONTINENTAL SHELF
Pub. L. 109–347, title I, § 109, Oct. 13, 2006, 120 Stat.
1893, provided that:
‘‘(a) NOTICE OF ARRIVAL.—Not later than 180 days
after the date of the enactment of this Act [Oct. 13,
2006], the Secretary of the department in which the
Coast Guard is operating shall update and finalize the
rulemaking on notice of arrival for foreign vessels on
the Outer Continental Shelf.
‘‘(b) CONTENT OF REGULATIONS.—The regulations promulgated pursuant to subsection (a) shall be consistent
with information required under the Notice of Arrival
under section 160.206 of title 33, Code of Federal Regulations, as in effect on the date of the enactment of this
Act [Oct. 13, 2006].’’
DIRECTION OF VESSEL MOVEMENT STUDY; SUBMITTAL
OF REPORT TO CONGRESS
Section 4107(b) of Pub. L. 101–380 provided that:
‘‘(1) STUDY.—The Secretary shall conduct a study—
‘‘(A) of whether the Secretary should be given additional authority to direct the movement of vessels on
navigable waters and should exercise such authority;
and
‘‘(B) to determine and prioritize the United States
ports and channels that are in need of new, expanded,
or improved vessel traffic service systems, by evaluating—
‘‘(i) the nature, volume, and frequency of vessel
traffic;
‘‘(ii) the risks of collisions, spills, and damages
associated with that traffic;
‘‘(iii) the impact of installation, expansion, or improvement of a vessel traffic service system; and
‘‘(iv) all other relevant costs and data.
‘‘(2) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Aug. 18, 1990], the Secretary
shall submit to the Congress a report on the results of
the study conducted under paragraph (1) and recommendations for implementing the results of that
study.’’
TERRITORIAL SEA OF UNITED STATES
For extension of territorial sea of United States, see
Proc. No. 5928, set out as a note under section 1331 of
Title 43, Public Lands.

§ 1223a. Electronic charts
(a) System requirements
(1) Requirements
Subject to paragraph (2), the following vessels, while operating on the navigable waters
of the United States, shall be equipped with
and operate electronic charts under regula-

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tions prescribed by the Secretary of the department in which the Coast Guard is operating:
(A) A self-propelled commercial vessel of
at least 65 feet overall length.
(B) A vessel carrying more than a number
of passengers for hire determined by the Secretary.
(C) A towing vessel of more than 26 feet in
overall length and 600 horsepower.
(D) Any other vessel for which the Secretary decides that electronic charts are
necessary for the safe navigation of the vessel.
(2) Exemptions and waivers
The Secretary may—
(A) exempt a vessel from paragraph (1), if
the Secretary finds that electronic charts
are not necessary for the safe navigation of
the vessel on the waters on which the vessel
operates; and
(B) waive the application of paragraph (1)
with respect to operation of vessels on navigable waters of the United States specified
by the Secretary, if the Secretary finds that
electronic charts are not needed for safe
navigation on those waters.
(b) Regulations
The Secretary of the department in which the
Coast Guard is operating shall prescribe regulations implementing subsection (a) of this section before January 1, 2007, including requirements for the operation and maintenance of the
electronic charts required under subsection (a)
of this section.
(Pub. L. 92–340, § 4A, as added Pub. L. 108–293,
title IV, § 410, Aug. 9, 2004, 118 Stat. 1045.)
§ 1224. Considerations by Secretary
In carrying out his duties and responsibilities
under section 1223 of this title, the Secretary
shall—
(a) take into account all relevant factors
concerning navigation and vessel safety, protection of the marine environment, and the
safety and security of United States ports and
waterways, including but not limited to—
(1) the scope and degree of the risk or hazard involved;
(2) vessel traffic characteristics and
trends, including traffic volume, the sizes
and types of vessels involved, potential interference with the flow of commercial traffic, the presence of any unusual cargoes, and
other similar factors;
(3) port and waterway configurations and
variations in local conditions of geography,
climate, and other similar factors;
(4) the need for granting exemptions for
the installation and use of equipment or devices for use with vessel traffic services for
certain classes of small vessels, such as selfpropelled fishing vessels and recreational
vessels;
(5) the proximity of fishing grounds, oil
and gas drilling and production operations,
or any other potential or actual conflicting
activity;
(6) environmental factors;

§ 1225

(7) economic impact and effects;
(8) existing vessel traffic services; and
(9) local practices and customs, including
voluntary arrangements and agreements
within the maritime community; and
(b) at the earliest possible time, consult
with and receive and consider the views of representatives of the maritime community,
ports and harbor authorities or associations,
environmental groups, and other parties who
may be affected by the proposed actions.
(Pub. L. 92–340, § 5, formerly title I, § 104, July 10,
1972, 86 Stat. 427; renumbered and amended Pub.
L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1474; Pub. L.
107–295, title IV, § 443(2), Nov. 25, 2002, 116 Stat.
2132.)
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–295 substituted ‘‘safety,
protection of the marine environment, and the safety
and security of United States ports and waterways,’’
for ‘‘safety and protection of the marine environment,’’
in introductory provisions.
1978—Pub. L. 95–474 substituted provision relating to
factors to be considered by the Secretary and to consultation by the Secretary with affected groups for provision relating to the issuance of rules and regulations
by the Secretary.
STUDY OF DESIRABILITY AND FEASIBILITY OF SHORESTATION SYSTEMS FOR MONITORING VESSELS
Section 3 of Pub. L. 95–474 authorized the Secretary,
in consultation with the Secretary of Commerce and
other appropriate departments or agencies of the Federal Government to study the desirability and feasibility of shore-station systems for monitoring vessels
within the Fishery Conservation Zone as defined in
former section 1802(8) of Title 16, Conservation, required the Secretary to report his findings to Congress,
within two years after Oct. 17, 1978, and authorized appropriations for such study for fiscal years 1979 and
1980.

§ 1225. Waterfront safety
(a) In general
The Secretary may take such action as is necessary to—
(1) prevent damage to, or the destruction of,
any bridge or other structure on or in the navigable waters of the United States, or any land
structure or shore area immediately adjacent
to such waters; and
(2) protect the navigable waters and the resources therein from harm resulting from vessel or structure damage, destruction, or loss.
Such action may include, but need not be limited to—
(A) establishing procedures, measures, and
standards for the handling, loading, unloading, storage, stowage, and movement on the
structure (including the emergency removal,
control, and disposition) of explosives or
other dangerous articles and substances, including oil or hazardous material as those
terms are defined in section 2101 of title 46;
(B) prescribing minimum safety equipment
requirements for the structure to assure adequate protection from fire, explosion, natural disaster, and other serious accidents or
casualties;
(C) establishing water or waterfront safety
zones, or other measures for limited, con-

§ 1226

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

trolled, or conditional access and activity
when necessary for the protection of any
vessel, structure, waters, or shore area; and
(D) establishing procedures for examination to assure compliance with the requirements prescribed under this section.
(b) State law
Nothing contained in this section, with respect to structures, prohibits a State or political subdivision thereof from prescribing higher
safety equipment requirements or safety standards than those which may be prescribed by regulations hereunder.
(Pub. L. 92–340, § 6, formerly title I, § 105, July 10,
1972, 86 Stat. 427; renumbered and amended Pub.
L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1475.)
CODIFICATION
In subsec. (a)(2)(A), ‘‘section 2101 of title 46’’ substituted for ‘‘section 4417a of the Revised Statutes [46
U.S.C. 391a]’’ on authority of Pub. L. 98–89, § 2(b), Aug.
26, 1983, 97 Stat. 598, section 1 of which enacted Title 46,
Shipping.

Page 306

dures, or programs for passenger vessels or passenger terminals authorized under this chapter
is not required to be disclosed to the public.
(Pub. L. 92–340, § 7, as added Pub. L. 99–399, title
IX, § 906, Aug. 27, 1986, 100 Stat. 890; amended
Pub. L. 104–324, title III, § 302, Oct. 19, 1996, 110
Stat. 3917; Pub. L. 107–295, title I, § 107(a), Nov.
25, 2002, 116 Stat. 2088.)
PRIOR PROVISIONS
A prior section 1226, Pub. L. 92–340, § 7, formerly title
I, § 106, July 10, 1972, 86 Stat. 427; renumbered § 7 and
amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1475,
related to requirement respecting federally licensed pilots on any foreign or domestic self-propelled vessel engaged in the foreign trade when operating in the navigable waters of the United States in areas, etc., where
a pilot is not otherwise required by State law, prior to
repeal by Pub. L. 98–557, § 29(g), Oct. 30, 1984, 98 Stat.
2875.
AMENDMENTS
2002—Subsec. (b)(3). Pub. L. 107–295 added par. (3).
1996—Subsec. (c). Pub. L. 104–324 added subsec. (c).

AMENDMENTS

TRANSFER OF FUNCTIONS

1978—Pub. L. 95–474 substituted provisions relating to
waterfront safety for provision requiring the Secretary
to report to Congress within one year his recommendations for legislation to achieve coordination between
functions authorized under Pub. L. 92–340 and the functions of any other agencies and to eliminate duplication of these functions.

For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1226. Port, harbor, and coastal facility security
(a) General authority
The Secretary may take actions described in
subsection (b) of this section to prevent or respond to an act of terrorism against—
(1) an individual, vessel, or public or commercial structure, that is—
(A) subject to the jurisdiction of the
United States; and
(B) located within or adjacent to the marine environment; or
(2) a vessel of the United States or an individual on board that vessel.
(b) Specific authority
Under subsection (a) of this section, the Secretary may—
(1) carry out or require measures, including
inspections, port and harbor patrols, the establishment of security and safety zones, and
the development of contingency plans and procedures, to prevent or respond to acts of terrorism;
(2) recruit members of the Regular Coast
Guard and the Coast Guard Reserve and train
members of the Regular Coast Guard and the
Coast Guard Reserve in the techniques of preventing and responding to acts of terrorism;
and
(3) dispatch properly trained and qualified
armed Coast Guard personnel on vessels and
public or commercial structures on or adjacent to waters subject to United States jurisdiction to deter or respond to acts of terrorism
or transportation security incidents, as defined in section 70101 of title 46.
(c) Nondisclosure of port security plans
Notwithstanding any other provision of law,
information related to security plans, proce-

REPORT ON USE OF NON-COAST GUARD PERSONNEL
Pub. L. 107–295, title I, § 107(b), Nov. 25, 2002, 116 Stat.
2088, provided that: ‘‘The Secretary of the department
in which the Coast Guard is operating shall evaluate
and report to the Congress on—
‘‘(1) the potential use of Federal, State, or local
government personnel, and documented United
States Merchant Marine personnel, to supplement
Coast Guard personnel under section 7(b)(3) of the
Ports and Waterways Safety Act (33 U.S.C. 1226(b)(3));
‘‘(2) the possibility of using personnel other than
Coast Guard personnel to carry out Coast Guard personnel functions under that section and whether additional legal authority would be necessary to use
such personnel for such functions; and
‘‘(3) the possibility of utilizing the United States
Merchant Marine Academy, State maritime academies, or Coast Guard approved maritime industry
schools in the United States, to provide training
under that section.’’

§ 1227. Investigatory powers
(a) Secretary
The Secretary may investigate any incident,
accident, or act involving the loss or destruction
of, or damage to any structure subject to this
chapter, or which affects or may affect the safety or environmental quality of the ports, harbors, or navigable waters of the United States.
(b) Powers
In an investigation under this section, the
Secretary may issue subpenas to require the attendance of witnesses and the production of documents or other evidence relating to such incident, accident, or act. If any person refuses to
obey a subpena, the Secretary may request the
Attorney General to invoke the aid of the appropriate district court of the United States to

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compel compliance with the subpena. Any district court of the United States may, in the case
of refusal to obey a subpena, issue an order requiring compliance with the subpena, and failure to obey the order may be punished by the
court as contempt. Witnesses may be paid fees
for travel and attendance at rates not exceeding
those allowed in a district court of the United
States.
(Pub. L. 92–340, § 8, formerly title I, § 107, July 10,
1972, 86 Stat. 427; renumbered and amended Pub.
L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1476.)
AMENDMENTS
1978—Pub. L. 95–474 substituted provision relating to
the investigatory powers of the Secretary for provision
relating to criminal penalties.

§ 1228. Conditions for entry to ports in the
United States
(a) In general
No vessel, subject to the provisions of chapter
37 of title 46, shall operate in the navigable waters of the United States or transfer cargo or
residue in any port or place under the jurisdiction of the United States, if such vessel—
(1) has a history of accidents, pollution incidents, or serious repair problems which, as determined by the Secretary, creates reason to
believe that such vessel may be unsafe or may
create a threat to the marine environment; or
(2) fails to comply with any applicable regulation issued under this chapter, chapter 37 of
title 46, or under any other applicable law or
treaty; or
(3) discharges oil or hazardous material in
violation of any law of the United States or in
a manner or quantities inconsistent with the
provisions of any treaty to which the United
States is a party; or
(4) does not comply with any applicable vessel traffic service requirements; or
(5) is manned by one or more officers who
are licensed by a certificating state which the
Secretary has determined, pursuant to section
9101 of title 46, does not have standards for licensing and certification of seafarers which
are comparable to or more stringent than
United States standards or international
standards which are accepted by the United
States; or
(6) is not manned in compliance with manning levels as determined by the Secretary to
be necessary to insure the safe navigation of
the vessel; or
(7) while underway, does not have at least
one licensed deck officer on the navigation
bridge who is capable of clearly understanding
English.
(b) Exceptions
The Secretary may allow provisional entry of
a vessel not in compliance with subsection (a) of
this section, if the owner or operator of such
vessel proves, to the satisfaction of the Secretary, that such vessel is not unsafe or a threat
to the marine environment, and if such entry is
necessary for the safety of the vessel or persons
aboard. In addition, paragraphs (1), (2), (3), and
(4) of subsection (a) of this section shall not
apply if the owner or operator of such vessel

§ 1230

proves, to the satisfaction of the Secretary, that
such vessel is no longer unsafe or a threat to the
marine environment, and is no longer in violation of any applicable law, treaty, regulation or
condition, as appropriate. Clauses (5) and (6) of
subsection (a) of this section shall become applicable eighteen months after October 17, 1978.
(Pub. L. 92–340, § 9, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1476; amended Pub. L.
101–380, title IV, § 4106(c), Aug. 18, 1990, 104 Stat.
514.)
AMENDMENTS
1990—Subsec. (a). Pub. L. 101–380, § 4106(c)(1), substituted ‘‘chapter 37 of title 46’’ for ‘‘section 4417a of the
Revised Statutes, as amended’’ in provisions preceding
par. (1) and in par. (2) and substituted ‘‘section 9101 of
title 46’’ for ‘‘section 4417a(11) of the Revised Statutes,
as amended’’ in par. (5).
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–380 applicable to incidents
occurring after Aug. 18, 1990, see section 1020 of Pub. L.
101–380, set out as an Effective Date note under section
2701 of this title.

§ 1229. Applicability
This chapter shall not apply to the Panama
Canal. The authority granted to the Secretary
under sections 1223, 1224, and 1225 of this title
shall not be delegated with respect to the Saint
Lawrence Seaway to any agency other than the
Saint Lawrence Seaway Development Corporation. Any other authority granted the Secretary
under this chapter shall be delegated to the
Saint Lawrence Seaway Development Corporation to the extent he determines such delegation
is necessary for the proper operation of the
Saint Lawrence Seaway.
(Pub. L. 92–340, § 10, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1477; amended Pub. L.
98–557, § 29(h), Oct. 30, 1984, 98 Stat. 2875.)
AMENDMENTS
1984—Pub. L. 98–557 struck out reference to section
1226 of this title.

§ 1230. International agreements
(a) Transmittal of regulations
The Secretary shall transmit, via the Secretary of State, to appropriate international
bodies or forums, any regulations issued under
this chapter, for consideration as international
standards.
(b) Agreements
The President is authorized and encouraged
to—
(1) enter into negotiations and conclude and
execute agreements with neighboring nations,
to establish compatible vessel standards and
vessel traffic services, and to establish, operate, and maintain international vessel traffic
services, in areas and under circumstances of
mutual concern; and
(2) enter into negotiations, through appropriate international bodies, and conclude and
execute agreements to establish vessel traffic
services in appropriate areas of the high seas.
(c) Operations
The Secretary, pursuant to any agreement negotiated under subsection (b) of this section

§ 1231

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

which is binding upon the United States in accordance with constitutional requirements,
may—
(1) require vessels in the vessel traffic service area to utilize or to comply with the vessel
traffic service, including the carrying or installation of equipment and devices as necessary for the use of the service; and
(2) waive, by order or regulation, the application of any United States law or regulation
concerning the design, construction, operation, equipment, personnel qualifications,
and manning standards for vessels operating
in waters over which the United States exercises jurisdiction if such vessel is not en route
to or from a United States port or place, and
if vessels en route to or from a United States
port or place are accorded equivalent waivers
of laws and regulations of the neighboring nation, when operating in waters over which
that nation exercises jurisdiction.
(d) Ship reporting systems
The Secretary, in cooperation with the International Maritime Organization, is authorized
to implement and enforce two mandatory ship
reporting systems, consistent with international
law, with respect to vessels subject to such reporting systems entering the following areas of
the Atlantic Ocean: Cape Cod Bay, Massachusetts Bay, and Great South Channel (in the area
generally bounded by a line starting from a
point on Cape Ann, Massachusetts at 42 deg. 39’
N., 70 deg. 37’ W; then northeast to 42 deg. 45’ N.,
70 deg. 13’ W; then southeast to 42 deg. 10’ N., 68
deg. 31 W, then south to 41 deg. 00’ N., 68 deg. 31’
W; then west to 41 deg. 00’ N., 69 deg. 17’ W; then
northeast to 42 deg. 05’ N., 70 deg. 02’ W, then
west to 42 deg. 04’ N., 70 deg. 10’ W; and then
along the Massachusetts shoreline of Cape Cod
Bay and Massachusetts Bay back to the point on
Cape Ann at 42 deg. 39’ N., 70 deg. 37’ W) and in
the coastal waters of the Southeastern United
States within about 25 nm along a 90 nm stretch
of the Atlantic seaboard (in an area generally
extending from the shoreline east to longitude
80 deg. 51.6’ W with the southern and northern
boundary at latitudes 30 deg. 00’ N., 31 deg. 27’
N., respectively).
(Pub. L. 92–340, § 11, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1477; amended Pub. L.
105–383, title III, § 313, Nov. 13, 1998, 112 Stat.
3424.)
AMENDMENTS
1998—Subsec. (d). Pub. L. 105–383 added subsec. (d).

§ 1231. Regulations
(a) In general
In accordance with the provisions of section
553 of title 5, the Secretary shall issue, and may
from time to time amend or repeal, regulations
necessary to implement this chapter.
(b) Procedures
The Secretary, in the exercise of this regulatory authority, shall establish procedures for
consulting with, and receiving and considering
the views of all interested parties, including—
(1) interested Federal departments and agencies,

Page 308

(2) officials of State and local governments,
(3) representatives of the maritime community,
(4) representatives of port and harbor authorities or associations,
(5) representatives of environmental groups,
(6) any other interested parties who are
knowledgeable or experienced in dealing with
problems involving vessel safety, port and
waterways safety, and protection of the marine environment, and
(7) advisory committees consisting of all interested segments of the public when the establishment of such committees is considered
necessary because the issues involved are
highly complex or controversial.
(Pub. L. 92–340, § 12, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1477.)
§ 1231a. Towing Safety Advisory Committee
(a) Establishment; membership
There is established a Towing Safety Advisory
Committee (hereinafter referred to as the ‘‘Committee’’). The Committee shall consist of eighteen members with particular expertise, knowledge, and experience regarding shallow-draft inland and coastal waterway navigation and towing safety as follows:
(1) Seven members representing the barge
and towing industry, reflecting a regional geographic balance.
(2) One member representing the offshore
mineral and oil supply vessel industry.
(3) One member representing holders of active licensed Masters or Pilots of towing vessels with experience on the Western Rivers
and the Gulf Intracoastal Waterway.
(4) One member representing the holders of
active licensed Masters of towing vessels in
offshore service.
(5) One member representing Masters who
are active ship-docking or harbor towing vessel.1
(6) One member representing licensed or unlicensed towing vessel engineers with formal
training and experience.
(7) Two members representing each of the
following groups:
(A) Port districts, authorities, or terminal
operators.
(B) Shippers (of whom at least one shall be
engaged in the shipment of oil or hazardous
materials by barge).
(8) Two members representing the general
public.
(b) Appointments; Chairman, Vice Chairman,
and observers; publication in Federal Register
The Secretary of the department in which the
Coast Guard is operating (hereinafter referred to
as the ‘‘Secretary’’) shall appoint the members
of the Committee. The Secretary shall designate
one of the members of the Committee as the
Chairman and one of the members as the Vice
Chairman. The Vice Chairman shall act as
Chairman in the absence or incapacity of, or in
the event of a vacancy in the office of, the
1 So

in original.

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TITLE 33—NAVIGATION AND NAVIGABLE WATERS

Chairman. The Secretary may request the Secretary of the Army and the Secretary of Commerce to each designate a representative to participate as an observer on the Committee. The
Secretary shall, not less often than once a year,
publish notice in the Federal Register for solicitation of nominations for membership on the
Committee.
(c) Functions; meetings; public proceedings and
records; disclosures to Congress
The Committee shall advise, consult with, and
make recommendations to the Secretary on
matters relating to shallow-draft inland and
coastal waterway navigation and towing safety.
Any advice or recommendation made by the
Committee to the Secretary shall reflect the
independent judgment of the Committee on the
matter concerned. The Secretary shall consult
with the Committee before taking any significant action affecting shallow-draft inland and
coastal waterway navigation and towing safety.
The Committee shall meet at the call of the
Secretary, but in any event not less than once
during each calendar year. All proceedings of
the Committee shall be open to the public, and
a record of the proceedings shall be made available for public inspection. The Committee is authorized to make available to Congress any information, advice, and recommendations which
the Committee is authorized to give to the Secretary.
(d) Compensation and travel expenses; administrative services; personnel; authorization of
appropriations
Members of the Committee who are not officers or employees of the United States shall
serve without pay and members of the Committee who are officers or employees of the United
States shall receive no additional pay on account of their service on the Committee. While
away from their homes or regular places of business, members of the Committee may be allowed
travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title
5. The Secretary shall furnish to the Committee
an executive secretary and such secretarial,
clerical, and other services as are considered
necessary for the conduct of its business. There
are authorized to be appropriated such sums as
may be necessary to implement the provisions
of this subsection.
(e) Termination
Unless extended by subsequent Act of Congress, the Committee shall terminate on September 30, 2020.
(Pub. L. 96–380, Oct. 6, 1980, 94 Stat. 1521; Pub. L.
97–322, title I, § 118(d), Oct. 15, 1982, 96 Stat. 1587;
Pub. L. 98–557, § 16(a), Oct. 30, 1984, 98 Stat. 2866;
Pub. L. 101–225, title I, § 105(b), Dec. 12, 1989, 103
Stat. 1910; Pub. L. 104–324, title III, § 304(c), Oct.
19, 1996, 110 Stat. 3917; Pub. L. 107–295, title III,
§ 336, Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108–293,
title IV, § 418(g), Aug. 9, 2004, 118 Stat. 1049; Pub.
L. 111–281, title VI, § 621(e), Oct. 15, 2010, 124 Stat.
2976.)
CODIFICATION
Section was not enacted as part of the Ports and
Waterways Safety Act which comprises this chapter.

§ 1232

AMENDMENTS
2010—Subsec. (a). Pub. L. 111–281, § 621(e)(1), added
subsec. (a) and struck out former subsec. (a) which established the Towing Safety Advisory Committee and
its membership requirements.
Subsec. (e). Pub. L. 111–281, § 621(e)(2), substituted
‘‘September 30, 2020’’ for ‘‘September 30, 2010’’.
2004—Subsec. (e). Pub. L. 108–293 substituted ‘‘September 30, 2010’’ for ‘‘September 30, 2005’’.
2002—Subsec. (e). Pub. L. 107–295 substituted ‘‘September 30, 2005’’ for ‘‘September 30, 2000’’.
1996—Subsec. (e). Pub. L. 104–324 substituted ‘‘September 30, 2000’’ for ‘‘September 30, 1995’’.
1989—Subsec. (e). Pub. L. 101–225 substituted ‘‘September 30, 1995’’ for ‘‘September 30, 1990’’.
1984—Subsec. (e). Pub. L. 98–557 substituted ‘‘on September 30, 1990’’ for ‘‘five years from the date of enactment of this Act’’.
1982—Subsec. (b). Pub. L. 97–322, § 118(d)(1), required
the Secretary, not less often than once a year, to publish notice in the Federal Register for solicitation of
nominations for membership on the Committee.
Subsec. (c). Pub. L. 97–322, § 118(d)(2), authorized the
Committee to make available to Congress any information, advice, and recommendations which the Committee is authorized to give to the Secretary.
Subsec. (d). Pub. L. 97–322, § 118(d)(3), inserted introductory provisions respecting compensation and travel
expenses of members of the Committee.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1232. Enforcement provisions
(a) Civil penalty
(1) Any person who is found by the Secretary,
after notice and an opportunity for a hearing, to
have violated this chapter or a regulation issued
hereunder shall be liable to the United States
for a civil penalty, not to exceed $25,000 for each
violation. Each day of a continuing violation
shall constitute a separate violation. The
amount of such civil penalty shall be assessed
by the Secretary, or his designee, by written notice. In determining the amount of such penalty,
the Secretary shall take into account the nature, circumstances, extent and gravity of the
prohibited acts committed and, with respect to
the violator, the degree of culpability, any history of prior offenses, ability to pay, and such
other matters as justice may require.
(2) The Secretary may compromise, modify, or
remit, with or without conditions, any civil penalty which is subject to imposition or which has
been imposed under this section.
(3) If any person fails to pay an assessment of
a civil penalty after it has become final, the
Secretary may refer the matter to the Attorney
General of the United States, for collection in
any appropriate district court of the United
States.
(b) Criminal penalty
(1) Any person who willfully and knowingly
violates this chapter or any regulation issued
hereunder commits a class D felony.

§ 1232a

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

(2) Any person who, in the willfull 1 and knowing violation of this chapter or of any regulation
issued hereunder, uses a dangerous weapon, or
engages in conduct that causes bodily injury or
fear of imminent bodily injury to any officer authorized to enforce the provisions of this chapter or the regulations issued hereunder, commits a class C felony.
(c) In rem liability
Any vessel subject to the provisions of this
chapter, which is used in violation of this chapter, or any regulations issued hereunder, shall
be liable in rem for any civil penalty assessed
pursuant to subsection (a) of this section and
may be proceeded against in the United States
district court for any district in which such vessel may be found.
(d) Injunction
The United States district courts shall have
jurisdiction to restrain violations of this chapter or of regulations issued hereunder, for cause
shown.
(e) Denial of entry
Except as provided in section 1228 of this title,
the Secretary may, subject to recognized principles of international law, deny entry into the
navigable waters of the United States to any
port or place under the jurisdiction of the
United States or to any vessel not in compliance
with the provisions of this chapter or the regulations issued hereunder.
(f) Withholding of clearance
(1) If any owner, operator, or individual in
charge of a vessel is liable for a penalty or fine
under this section, or if reasonable cause exists
to believe that the owner, operator, or individual in charge may be subject to a penalty or fine
under this section, the Secretary of the Treasury, upon the request of the Secretary, shall
with respect to such vessel refuse or revoke any
clearance required by section 60105 of title 46.
(2) Clearance refused or revoked under this
subsection may be granted upon filing of a bond
or other surety satisfactory to the Secretary.
(Pub. L. 92–340, § 13, as added Pub. L. 95–474, § 2,
Oct. 17, 1978, 92 Stat. 1478; amended Pub. L.
101–380, title IV, § 4302(j), Aug. 18, 1990, 104 Stat.
539; Pub. L. 104–324, title III, § 312(b), Oct. 19, 1996,
110 Stat. 3920.)
CODIFICATION
In subsec. (f)(1), ‘‘section 60105 of title 46’’ substituted
for ‘‘section 4197 of the Revised Statutes of the United
States (46 App. U.S.C. 91)’’ on authority of Pub. L.
109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.
AMENDMENTS
1996—Subsec. (f). Pub. L. 104–324 amended heading and
text of subsec. (f) generally. Prior to amendment, text
read as follows: ‘‘The Secretary of the Treasury shall
withhold or revoke, at the request of the Secretary, the
clearance, required by section 91 of title 46, Appendix,
of any vessel, the owner or operator of which is subject
to any of the penalties in this section. Clearance may
be granted in such cases upon the filing of a bond or
other surety satisfactory to the Secretary.’’
1 So

in original. Probably should be ‘‘willful’’.

Page 310

1990—Subsec. (b)(1). Pub. L. 101–380, § 4302(j)(1), substituted ‘‘commits a class D felony’’ for ‘‘shall be fined
not more than $50,000 for each violation or imprisoned
for not more than five years, or both’’.
Subsec. (b)(2). Pub. L. 101–380, § 4302(j)(2), which directed the substitution of ‘‘commits a class C felony.’’
for ‘‘shall, in lieu of the penalties prescribed in paragraph (1), be fined not more than $100,000, or imprisoned
for not more than 10 years, or both.’’, was executed by
making the substitution for ‘‘shall, in lieu of the penalties prescribed in paragraph (1), be fined not more
than $100,000, or imprisoned for not more than ten
years, or both.’’
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–380 applicable to incidents
occurring after Aug. 18, 1990, see section 1020 of Pub. L.
101–380, set out as an Effective Date note under section
2701 of this title.

§ 1232a. Navigational hazards
(a) Reporting procedure
The Secretary shall establish a program to encourage fishermen and other vessel operators to
report potential or existing navigational hazards involving pipelines to the Secretary
through Coast Guard field offices.
(b) Secretary’s response
(1) Upon notification by the operator of a pipeline of a hazard to navigation with respect to
that pipeline, the Secretary shall immediately
notify Coast Guard headquarters, the Office of
Pipeline Safety, other affected Federal and
State agencies, and vessel owners and operators
in the pipeline’s vicinity.
(2) Upon notification by any other person of a
hazard or potential hazard to navigation with
respect to a pipeline, the Secretary shall
promptly determine whether a hazard exists,
and if so shall immediately notify Coast Guard
headquarters, the Office of Pipeline Safety,
other affected Federal and State agencies, vessel
owners and operators in the pipeline’s vicinity,
and the owner and operator of the pipeline.
(c) Establishment of standards
The Secretary shall, within six months after
November 16, 1990, establish standards, for the
purposes of this section, for what constitutes a
hazard to navigation.
(d) ‘‘Pipelines’’ defined
For purposes of this section, the term ‘‘pipelines’’ has the meaning given the term ‘‘pipeline
facilities’’ in section 60101(a)(18) of title 49.
(Pub. L. 92–340, § 14, as added Pub. L. 101–599, § 2,
Nov. 16, 1990, 104 Stat. 3040.)
CODIFICATION
In subsec. (d), ‘‘section 60101(a)(18) of title 49’’ substituted for ‘‘the Natural Gas Pipeline Safety Act of
1968 [49 App. U.S.C. 1671 et seq.] and the Hazardous Liquid Pipeline Safety Act of 1979 [49 App. U.S.C. 2001 et
seq.]’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994,
108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections

Page 311

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 1232b. Requirement to notify Coast Guard of release of objects into the navigable waters of
the United States
(a) Requirement
As soon as a person has knowledge of any release from a vessel or facility into the navigable
waters of the United States of any object that
creates an obstruction prohibited under section
403 of this title, such person shall notify the
Secretary and the Secretary of the Army of such
release.
(b) Restriction on use of notification
Any notification provided by an individual in
accordance with subsection (a) may not be used
against such individual in any criminal case, except a prosecution for perjury or for giving a
false statement.
(Pub. L. 92–340, § 15, as added Pub. L. 109–241,
title VI, § 602, July 11, 2006, 120 Stat. 553.)
§ 1233. Regulations as to regattas or marine parades
The Commandant of the Coast Guard is authorized and empowered in his discretion to
issue from time to time regulations, not contrary to law, to promote the safety of life on
navigable waters during regattas or marine parades.
(Apr. 28, 1908, ch. 151, § 1, 35 Stat. 69; Mar. 4, 1913,
ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3,
§§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat.
1097.)
CODIFICATION
Section was not enacted as part of the Ports and
Waterways Safety Act which comprises this chapter.
Section was formerly classified to section 454 of
former Title 46, Shipping.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
Coast Guard transferred to Department of Transportation, and all functions, powers, and duties relating to
Coast Guard of Secretary of the Treasury and of other
officers and offices of Department of the Treasury
transferred to Secretary of Transportation by Pub. L.
89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)
of Pub. L. 89–670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President
directs as provided in section 3 of Title 14, Coast Guard.
See section 108 of Title 49, Transportation.
For transfer of functions of other officers, employees,
and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with
power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2,
eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out
in the Appendix to Title 5, Government Organization
and Employees. Functions of Coast Guard, and Com-

§ 1234

mandant of Coast Guard, were excepted from transfer
when Coast Guard is operating as part of Navy under
sections 1 and 3 of Title 14.
‘‘Commandant of the Coast Guard’’ substituted for
‘‘Secretary of Commerce’’ on authority of Reorg. Plan
No. 3 of 1946, §§ 101–104, set out in the Appendix to Title
5.
Upon incorporation into the Code, the words ‘‘Secretary of Commerce’’ were substituted for ‘‘Secretary
of Commerce and Labor’’ to conform to act Mar. 4, 1913,
which provided that the Secretary of Commerce and
Labor should be called the Secretary of Commerce.

§ 1234. Enforcement of regulations; use of public
or private vessels
To enforce such regulations the Commandant
of the Coast Guard may detail any public vessel
in the service of the Coast Guard and make use
of any private vessel tendered gratuitously for
the purpose, or upon the request of the Commandant of the Coast Guard the head of any
other department may enforce the regulations
issued under sections 1233 and 1235 of this title
by means of any public vessel of such department and of any private vessel tendered gratuitously for the purpose.
(Apr. 28, 1908, ch. 151, § 2, 35 Stat. 69; Mar. 4, 1913,
ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3,
§§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat.
1097.)
CODIFICATION
Section was not enacted as part of the Ports and
Waterways Safety Act which comprises this chapter.
Section was formerly classified to section 455 of
former Title 46, Shipping.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
Coast Guard transferred to Department of Transportation, and all functions, powers, and duties relating to
Coast Guard of Secretary of the Treasury and of other
officers and offices of Department of the Treasury
transferred to Secretary of Transportation by Pub. L.
89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)
of Pub. L. 89–670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President
directs as provided in section 3 of Title 14, Coast Guard.
See section 108 of Title 49, Transportation.
For transfer of functions of other officers, employees,
and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with
power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2,
eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out
in the Appendix to Title 5, Government Organization
and Employees. Functions of Coast Guard, and Commandant of Coast Guard, were excepted from transfer
when Coast Guard is operating as part of Navy under
sections 1 and 3 of Title 14.
‘‘Commandant of the Coast Guard’’ substituted for
‘‘Secretary of Commerce’’ and a reference to Department of Commerce changed to Coast Guard on authority of Reorg. Plan No. 3 of 1946, §§ 101–104, set out in the
Appendix to Title 5.
Upon incorporation into the Code, the words ‘‘Secretary of Commerce’’ were substituted for ‘‘Secretary
of Commerce and Labor’’ to conform to act Mar. 4, 1913,

§ 1235

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

which provided that the Secretary of Commerce and
Labor should be called the Secretary of Commerce.

§ 1235. Transfer of authority to regulate to head
of other department
The authority and power bestowed upon the
Commandant of the Coast Guard by sections 1233
and 1234 of this title may be transferred for any
special occasion to the head of another department by the President whenever in his judgment
such transfer is desirable.
(Apr. 28, 1908, ch. 151, § 3, 35 Stat. 69; Mar. 4, 1913,
ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3,
§§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat.
1097.)
CODIFICATION
Section was not enacted as part of the Ports and
Waterways Safety Act which comprises this chapter.
Section was formerly classified to section 456 of
former Title 46, Shipping.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
Coast Guard transferred to Department of Transportation, and all functions, powers, and duties relating to
Coast Guard of Secretary of the Treasury and of other
officers and offices of Department of the Treasury
transferred to Secretary of Transportation by Pub. L.
89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)
of Pub. L. 89–670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President
directs as provided in section 3 of Title 14, Coast Guard.
See section 108 of Title 49, Transportation.
For transfer of functions of other officers, employees,
and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with
power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2,
eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out
in the Appendix to Title 5, Government Organization
and Employees. Functions of Coast Guard, and Commandant of Coast Guard, were excepted from transfer
when Coast Guard is operating as part of Navy under
sections 1 and 3 of Title 14.
‘‘Commandant of the Coast Guard’’ substituted for
‘‘Secretary of Commerce’’ on authority of Reorg. Plan
No. 3 of 1946, §§ 101–104, set out in the Appendix to Title
5.
Upon incorporation into the Code, the words ‘‘Secretary of Commerce’’ were substituted for ‘‘Secretary
of Commerce and Labor’’ to conform to act Mar. 4, 1913,
which provided that the Secretary of Commerce and
Labor should be called the Secretary of Commerce.

§ 1236. Penalties for violations of regulations
For any violation of regulations issued pursuant to sections 1233 to 1235 of this title the following penalties shall be incurred:
(a) A licensed officer shall be liable to suspension or revocation of license in the manner now
prescribed by law for incompetency or misconduct.
(b) Any person in charge of the navigation of
a vessel other than a licensed officer shall be liable to a penalty of $5,000.
(c) The owner of a vessel (including any corporate officer of a corporation owning the ves-

Page 312

sel) actually on board shall be liable to a penalty of $5,000, unless the violation of regulations
shall have occurred without his knowledge.
(d) Any other person shall be liable to a penalty of $2,500.
The Commandant of the Coast Guard is authorized and empowered to mitigate or remit
any penalty herein provided for in the manner
prescribed by law for the mitigation or remission of penalties for violation of the navigation
laws.
(Apr. 28, 1908, ch. 151, § 4, 35 Stat. 69; Mar. 4, 1913,
ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3,
§§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat.
1097; Pub. L. 101–380, title IV, § 4302(k), Aug. 18,
1990, 104 Stat. 539.)
CODIFICATION
Section was not enacted as part of the Ports and
Waterways Safety Act which comprises this chapter.
Section was formerly classified to section 457 of
former Title 46, Shipping.
AMENDMENTS
1990—Subsecs. (b) to (d). Pub. L. 101–380 substituted
‘‘$5,000’’ for ‘‘$500’’ in subsecs. (b) and (c) and ‘‘$2,500’’
for ‘‘$250’’ in subsec. (d).
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101–380 applicable to incidents
occurring after Aug. 18, 1990, see section 1020 of Pub. L.
101–380, set out as an Effective Date note under section
2701 of this title.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
Coast Guard transferred to Department of Transportation, and all functions, powers, and duties relating to
Coast Guard of Secretary of the Treasury and of other
officers and offices of Department of the Treasury
transferred to Secretary of Transportation by Pub. L.
89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)
of Pub. L. 89–670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President
directs as provided in section 3 of Title 14, Coast Guard.
See section 108 of Title 49, Transportation.
For transfer of functions of other officers, employees,
and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with
power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2,
eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out
in the Appendix to Title 5, Government Organization
and Employees. Functions of Coast Guard, and Commandant of Coast Guard, were excepted from transfer
when Coast Guard is operating as part of Navy under
sections 1 and 3 of Title 14.
‘‘Commandant of the Coast Guard’’ substituted for
‘‘Secretary of Commerce’’ on authority of Reorg. Plan
No. 3 of 1946, §§ 101–104, set out in the Appendix to Title
5.
Upon incorporation into the Code, the words ‘‘Secretary of Commerce’’ were substituted for ‘‘Secretary
of Commerce and Labor’’ to conform to act Mar. 4, 1913,
which provided that the Secretary of Commerce and
Labor should be called the Secretary of Commerce.

Page 313

TITLE 33—NAVIGATION AND NAVIGABLE WATERS

CHAPTER 26—WATER POLLUTION
PREVENTION AND CONTROL
SUBCHAPTER I—RESEARCH AND RELATED
PROGRAMS
Sec.

1251.
1252.
1252a.

1253.
1254.
1254a.
1255.
1256.
1257.
1257a.

1258.
1259.
1260.
1261.
1262.
1263.
1263a.
1264.
1265.
1266.
1267.
1268.
1269.
1270.
1271.
1271a.
1272.
1273.
1274.

Congressional declaration of goals and policy.
Comprehensive programs for water pollution
control.
Reservoir projects, water storage; modification; storage for other than for water quality, opinion of Federal agency, committee
resolutions of approval; provisions inapplicable to projects with certain prescribed
water quality benefits in relation to total
project benefits.
Interstate cooperation and uniform laws.
Research, investigations, training, and information.
Research on effects of pollutants.
Grants for research and development.
Grants for pollution control programs.
Mine water pollution control demonstrations.
State demonstration programs for cleanup of
abandoned mines for use as waste disposal
sites; authorization of appropriations.
Pollution control in the Great Lakes.
Training grants and contracts.
Applications; allocation.
Scholarships.
Definitions and authorizations.
Alaska village demonstration projects.
Grants to Alaska to improve sanitation in
rural and Native villages.
Omitted.
In-place toxic pollutants.
Hudson River reclamation demonstration
project.
Chesapeake Bay.
Great Lakes.
Long Island Sound.
Lake Champlain Basin Program.
Sediment survey and monitoring.
Research and development program.
Environmental dredging.
Lake Pontchartrain Basin.
Wet weather watershed pilot projects.

SUBCHAPTER II—GRANTS FOR CONSTRUCTION
OF TREATMENT WORKS
1281.
1281a.
1281b.
1282.
1283.
1284.
1285.
1286.
1287.
1288.
1289.
1290.
1291.
1292.
1293.
1293a.
1294.

1295.
1296.
1297.
1298.
1299.
1300.

Congressional declaration of purpose.
Total treatment system funding.
Availability of Farmers Home Administration funds for non-Federal share.
Federal share.
Plans, specifications, estimates, and payments.
Limitations and conditions.
Allotment of grant funds.
Reimbursement and advanced construction.
Authorization of appropriations.
Areawide waste treatment management.
Basin planning.
Annual survey.
Sewage collection systems.
Definitions.
Loan guarantees.
Contained spoil disposal facilities.
Public information and education on recycling and reuse of wastewater, use of land
treatment, and reduction of wastewater volume.
Requirements for American materials.
Determination of priority of projects.
Guidelines for cost-effectiveness analysis.
Cost effectiveness.
State certification of projects.
Pilot program for alternative water source
projects.

Sec.

1301.

Sewer overflow control grants.
SUBCHAPTER III—STANDARDS AND
ENFORCEMENT

1311.
1312.
1313.
1313a.
1314.
1315.
1316.
1317.
1318.
1319.
1320.
1321.
1321a.
1321b.
1321c.
1322.
1323.
1324.
1325.
1326.
1327.
1328.
1329.
1330.

Effluent limitations.
Water quality related effluent limitations.
Water quality standards and implementation
plans.
Revised water quality standards.
Information and guidelines
State reports on water quality.
National standards of performance.
Toxic and pretreatment effluent standards.
Records and reports; inspections.
Enforcement.
International pollution abatement.
Oil and hazardous substance liability.
Prevention of small oil spills.
Improved coordination with tribal governments.
International efforts on enforcement.
Marine sanitation devices.
Federal facilities pollution control.
Clean lakes.
National Study Commission.
Thermal discharges.
Omitted.
Aquaculture.
Nonpoint source management programs.
National estuary program.

SUBCHAPTER IV—PERMITS AND LICENSES
1341.
1342.
1343.
1344.
1345.
1346.

Certification.
National pollutant discharge elimination system.
Ocean discharge criteria.
Permits for dredged or fill material.
Disposal or use of sewage sludge.
Coastal recreation water quality monitoring
and notification.
SUBCHAPTER V—GENERAL PROVISIONS

1361.
1362.
1363.
1364.
1365.
1366.
1367.
1368.
1369.
1370.
1371.
1372.
1373.
1374.
1375.

1375a.
1376.
1377.

Administration.
Definitions.
Water Pollution Control Advisory Board.
Emergency powers.
Citizen suits.
Appearance.
Employee protection.
Federal procurement.
Administrative procedure and judicial review.
State authority.
Authority under other laws and regulations.
Labor standards.
Public health agency coordination.
Effluent Standards and Water Quality Information Advisory Committee.
Reports to Congress; detailed estimates and
comprehensive study on costs; State estimates.
Report on coastal recreation waters.
Authorization of appropriations.
Indian tribes.

SUBCHAPTER VI—STATE WATER POLLUTION
CONTROL REVOLVING FUNDS
1381.
1382.
1383.
1384.
1385.
1386.
1387.

Grants to States for establishment of revolving funds.
Capitalization grant agreements.
Water pollution control revolving loan funds.
Allotment of funds.
Corrective action.
Audits, reports, and fiscal controls; intended
use plan.
Authorization of appropriations.
CODIFICATION

The Federal Water Pollution Control Act, comprising
this chapter, was originally enacted by act June 30,