33 usc 408

NEW YORK CITY CHARTER. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. United States Code. alterations to, or temporarily or permanently occupy or use, any US Army Corps of Engineers (USACE) federally authorized Civil Works project under 33 USC 408 (Section 408). Navigation and Navigable Waters § 408. It shall not be lawful for any person or persons to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preservation and improvement of any of its navigable waters or to prevent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material composing such works:  Provided, That the Secretary of the Army may, on the recommendation of the Chief of Engineers, grant permission for the temporary occupation or use of any of the aforementioned public works when in his judgment such occupation or use will not be injurious to the public interest:  Provided further, That the Secretary may, on the recommendation of the Chief of Engineers, grant permission for the alteration or permanent occupation or use of any of the aforementioned public works when in the judgment of the Secretary such occupation or use will not be injurious to the public interest and will not impair the usefulness of such work. Provides that the Secretary of the Army may, on recommendation of the Chief of Engineers, grant permission for the alteration of a public work so long as that alteration is not injurious to the public interest and will not impair the usefulness of the work. 641 . Taking possession of, use of, or injury to harbor or river improvements on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. 1. Section 408 is the process that allows alteration to a federally authorized project. Navigation and Navigable Waters § 404. L. 99–570, §1005(b)(2), which directed the amendment of subsec. The National Environmental Policy Act of 1969, referred to in subsec. 33 USC 408 - Taking Possession Of, Use Of, or Injury to Harbor or River Improvements - Navigation and Navigable Waters - US Code 33 USC 408 - Taking Possession Of, Use Of, … The Rules of the City of New York. Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. Authorization - Section 408 Read this complete 33 U.S.C. This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, which has since been amended several times and is codified at 33 USC 408 (Section 408). The development of a method for a complex process (such as Section 408) inherits the need for updates and refinements through active feedback. Pub. L. 98–473, §224(b), as renumbered by Pub. L. 114–322 designated existing provisions as subsec. § 408 - U.S. Code - Unannotated Title 33. Internal Revenue Code Section 408(d)(3) Individual retirement accounts. Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. Title 1: Department of Buildings. For the purposes of this section, the term “work” shall not include unimproved real estate owned or operated by the Secretary as part of a water resources development project if the Secretary determines that modification of such real estate would not affect the function and usefulness of the project. Taking possession of, use of, or injury to harbor or river improvements on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact, House Passes Open Courts Act Targeting PACER Reform, FCC Again Rejects Net Neutrality Even as Controversy Reignites. Short title. 3 1982). Read this complete 33 U.S.C. Firefox, or The U.S. Army Corps of Engineers (USACE) Section 408 policy, EC 1165-2-220 effective September 10, 2018, sets forth the process and criteria USACE uses … (d) Tax treatment of distributions. L. 99–88 inserted further proviso empowering Secretary, on recommendation of Chief of Engineers, to grant permission for alteration or permanent occupation or use of any of public works mentioned in this section when in judgment of Secretary such occupation or use will not be injurious to public interest and will not impair usefulness of such work. 267, § 3, 19 Stat. on Westlaw THE RULES OF THE CITY OF NEW YORK. Section 408, named for its U.S. Code citation at 33 USC 408, was enacted as section 14 of the Rivers and Harbors Act of 1899. 37 USC 408 - Travel and transportation allowances: travel within limits of duty station (a) A member of a uniformed service may be directed, by regulations of the head of the department or agency in which he is serving, to procure transportation necessary for conducting official business of the United States within the limits of his station. 501. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. Section 205(a) of act July 26, 1947 , was repealed by section 53 of act Aug. 10, 1956, ch. 2016—Pub. It shall not be lawful for any person or persons to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preservation and improv… L. 91–190, Jan. 1, 1970, 83 Stat. L. 89–670, § 6(g)(6)(A), Oct. 15, 1966, 80 Stat. Microsoft Edge. § 408(a). 343, title II, 61 Stat. 2. USC most recently checked for updates: Dec 16, 2020 All Titles Title 33 Chapter 9 Subchapter I § 408. Section 408 Tracking Database Along with improvement to the Section 408 process, USACE has developed a database for tracking Section 408 requests, which will include a public interface to provide the status of requests. Title 33 - Corporations, Partnerships and Associations Chapter 44 - UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996 Section 33-44-409 - General standards of member's and manager's conduct. (33 USC 408). (b)(1), is Pub. 3, 1899, popularly known as the “Rivers and Harbors Appropriation Act of 1899”. USC Statutes that Veterans Should Know. Projects Pursuant to 33 USC 408 Record documenting the use of the categorical permission in lieu of preparation of an EA or EIS. Pub. Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels ... (33 U.S.C. 907, § 9, 26 Stat. Title 33: Investigations. Copyright © 2020, Thomson Reuters. On or before the date that is 30 days after the date on which the Secretary receives an application for permission to take action affecting public projects pursuant to subsection (a), the Secretary shall inform the applicant whether the application is complete and, if it is not, what items are needed for the application to be complete. The Secretary may accept and expend funds received from non-Federal public or private entities to evaluate under this section an alteration or permanent occupation or use of a work built by the United States. Appendix A: Unconsolidated Local Laws. The sole authority to grant permission for temporary or permanent alterations is contained in Section 14 of the Rivers and Harbors Act of 1899 and codified in 33 USC 408 (Section 408). 1985—Pub. Title 33 USC 408 authorizes the Secretary of the Army to permit others to alter and modify an existing Corps project in certain circumstances. § 404 - U.S. Code - Unannotated Title 33. 408) provides that the Secretary of the Army, on the recommendation of the Chief of Engineers, may grant permission for the temporary occupation or use of any sea wall, bulkhead, jetty, dike, levee, wharf, pier or … There are many, many statutes outlined in the USC that pertain to veterans benefits. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (1) In general. The Section 408 Program authority comes from Section 14 of the RHA (codified at 33 USC 408 (Section 408). Section is from act Mar.  33 USC 408, Taking possession of, use of, or injury to harbor or river improvements  USACE ECB 2019-15, Interim Approach for Risk Informed Designs for … Establishment of harbor lines; conditions to grants for extension of piers, etc. Searchable text of the 33 USC 408 - Taking possession of, use of, or injury to harbor or river improvements (US Code), including Notes, Amendments, and Table of Authorities 44-3-102. The United States Code (USC) is made up of the official federal statutes of the United States, and contains 53 titles. From Title 33-NAVIGATION AND NAVIGABLE WATERS CHAPTER 9-PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY SUBCHAPTER I-IN GENERAL. Navigation and Navigable Waters, Read this complete 33 U.S.C. 139, penalizing persons injuring any pier breakwater, or other work of the United States for the improvement of rivers or harbors or navigation, was probably omitted from the Code as superseded by this section. PURSUANT TO 33 USC 408 . The database is currently undergoing testing and will be available for use late calendar year 2018. If approved, categorical permissions would be applicable to certain categories of requests to alter Federal flood control and flood risk reduction projects and navigation projects within the boundaries of the District. Google Chrome, For more detailed codes research information, including annotations and citations, please visit Westlaw. Pub. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. This Change 1 to EC 1165-2-216, 30 September 2015, revises Appendix G, "Use of Section 214 ofWRDA 2000, as amended, for 33 U.S.C. 152, p. 950, § 2, effective October 1. Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 852, which is classified generally to chapter 55 (§ 4321 et seq.) Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. 1041, 70A Stat. L. 89–670, and repealed section 6(g)(6)(A). §§ 403-408 (Suppl. 408" and references to Appendix Gin the main text ofthe EC, to incorporate changes as a result of Section 1006 ofthe Water Resources Reform and Development Act of2014 (WRRDA 2014). L. 115–270 added subsec. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. (d). Act Aug. 14, 1876, ch. Section superseded act Sept. 19, 1890, ch. § 408 (Section 408). Begin typing to search, use arrow keys to navigate, use enter to select. Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. It includes laws passed by Congress, also called statutes. 4321 et seq. Navigation and Navigable Waters § 408. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. All rights reserved. It shall not be lawful for any person or persons to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preservation and improvement of any of its navigable waters or to prevent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material composing such works: Provided, That the Secretary of the Army may, on the recommendation of the Chief of Engineers, grant permission for the temporary occupation or use of any of the aforementioned public works when in his judgment such occupation or use will not be injurious to the public interest: Provided further, That the Secretary may, on the recommendation of the Chief of Engineers, grant permission for the alteration or permanent occupation or use of any of the aforementioned public works when in the judgment of the Secretary such occupation or use will not be injurious to the public interest and will not impair the usefulness of such work. Approved for use: 1041, 70A Stat. (d). (e). Title 33. participate in the review as a cooperating agency (unless the Corps of Engineers does not intend to submit comments on the project); and, coordinate applicable reviews and, to the maximum extent practicable, carry out the reviews concurrently; and, adopt and use any document prepared by the Corps of Engineers for the purpose of complying with the same law and that addresses the same types of impacts in the same geographic area if such document, as determined by the, provide a schedule to the applicant identifying when the, {'misc': '', 'cleanpath': '/uscode/text/33/408', 'headtext': ' Taking possession of, use of, or injury to harbor or river improvements', 'cfr_titles': [{'title': '32', 'parts': [{'part': '537', 'cleanpath': '/cfr/text/32/part-537', 'headtext': 'CLAIMS ON BEHALF OF THE UNITED STATES'}]}, {'title': '33', 'parts': [{'part': '70', 'cleanpath': '/cfr/text/33/part-70', 'headtext': 'INTERFERENCE WITH OR DAMAGE TO AIDS TO NAVIGATION'}, {'part': '320', 'cleanpath': '/cfr/text/33/part-320', 'headtext': 'GENERAL REGULATORY POLICIES'}, {'part': '325', 'cleanpath': '/cfr/text/33/part-325', 'headtext': 'PROCESSING OF DEPARTMENT OF THE ARMY PERMITS'}, {'part': '326', 'cleanpath': '/cfr/text/33/part-326', 'headtext': 'ENFORCEMENT'}, {'part': '329', 'cleanpath': '/cfr/text/33/part-329', 'headtext': 'DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES'}, {'part': '330', 'cleanpath': '/cfr/text/33/part-330', 'headtext': 'NATIONWIDE PERMIT PROGRAM'}, {'part': '331', 'cleanpath': '/cfr/text/33/part-331', 'headtext': 'ADMINISTRATIVE APPEAL PROCESS'}]}], 'section': '408'}, Corps of Engineers as a cooperating agency, If the Corps of Engineers is not the lead Federal agency for an environmental review described in subparagraph (A), the Corps of Engineers shall, to the maximum extent practicable and consistent with Federal laws—, adopt and use any environmental document prepared under the, On or before the date that is 90 days after the date on which the, National Environmental Policy Act of 1969, Rivers and Harbors Appropriation Act of 1899. Title 3: Fire Department. 343, title II, 61 Stat. 44-3-101. 2018—Subsec. 33 u.s. code title 33 ... chapter 33—prevention of pollution from ships (§§ 1901 – 1915) chapter 33a—marine debris research, prevention, and reduction (§§ 1951 – 1958) chapter 34—inland navigational rules (§§ 2001 – 2073) chapter 35—artificial reefs (§§ 2101 – 2106) Taking possession of, use of, or injury to harbor or river improvements § 409. 408… 33 USC 409: Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels Text contains those laws in effect on December 24, 2020. Title 2: Board of Standards and Appeals. USACE Issues Updated 408 Guidance The U.S. Army Corps of Engineers has issued Engineer Circular 1165-2-220, updating the process and criteria used to review requests to alter civil works projects. The short title of this article 3 is the "Colorado Liquor Code". (a), inserted heading, and added subsecs. Contributor Names … 33 USC 408 (Chapter 9.1), Navigation and Navigable Waters: It is unlawful for any person(s) to build upon, alter, deface, destroy, move, injure, obstruct or… impair the usefulness of … Section 408 is the process that allows alteration to a federally authorized project. (USACE) federally authorized civil works project, pursuant to 33 USC 408 (Section 408). Official copy and version will be located in SharePoint @ SWG Section 408 SharePoint. L. 97–449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. 501. Title United States Code: Protection of Navigable Waters and of Harbor and River Improvements Generally, 33 U.S.C. Editor's note: This section is similar to former § 12-47-101 as it existed prior to 2018. 641. Within the U.S. Army Corps of Engineers, the authority to approve Section 408 permissions has been delegated to … Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 941, which created Department of Transportation. The New York City Charter. (b) and (c). (c) of this section by striking out "and section 4202 of title 18 of the United States Code", was executed by striking out that language in subsec. The Draft EC, once finalized, will replace existing guidance on the permission process required by Section 14 of the Rivers and Harbors Act of 1899, as amended and codified in 33 U.S.C. § 408 - U.S. Code - Unannotated Title 33. of Title 42, The Public Health and Welfare. A developer must obtain a Section 408 Authorization to take possession of, make use of, or build upon, alter, deface, destroy, move, injure, obstruct, or impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States for the preservation and improvement of any of its navigable waters 33 U.S.C. Subsec. In any case in which an activity subject to this section requires a review under the National Environmental Policy Act of 1969 (42 U.S.C. In any case in which a schedule provided under paragraph (2)(B) extends beyond 120 days from the date of receipt of a complete application, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an explanation justifying the extended timeframe for review. 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