Notes on 33 U.S.C. § 407 : US Code - Notes

Search Notes on 33 U.S.C. § 407 : US Code - Notes

(Mar. 3, 1899, ch. 425, Sec. 13, 30 Stat. 1152; July 26, 1947, ch.
343, title II, Sec. 205(a), 61 Stat. 501.)
CODIFICATION
Section is from act Mar. 3, 1899, popularly known as the "Rivers
and Harbors Appropriation Act of 1899".
PRIOR PROVISIONS
This section and sections 408, 411, and 412 of this title,
superseded act Aug. 18, 1894, ch. 299, Secs. 6, 7, 8, 28 Stat. 363,
which prohibited the depositing of refuse in navigable waters for
the improvement of which money had been appropriated, and the
injury to sea walls and other works built by the Government, and
prescribed penalties for violations, including penalties against
masters, etc., and vessels.
Section also superseded act Sept. 19, 1890, ch. 907, Sec. 6, 26
Stat. 453, which prohibited obstructing navigation by deposits of
refuse, etc., in navigable waters.
CHANGE OF NAME
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. 343, title II, 61 Stat. 501. Section
205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
enacted "Title 10, Armed Forces" which in sections 3010 to 3013
continued Department of the Army under administrative supervision
of Secretary of the Army.
SHORT TITLE
This section is popularly known as the "Refuse Act of 1899".
TRANSFER OF FUNCTIONS
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. L. 89-670, Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which
created Department of Transportation. Pub. L. 97-449 amended
section 401 of this title to reflect transfer made by section
6(g)(6)(A) of Pub. L. 89-670, and repealed section 6(g)(6)(A).
TERMINATION OF DISCHARGE PERMIT PROGRAM
No permits for discharges into navigable waters to be issued
under this section after Oct. 18, 1972, and the discharge permit
program to be carried out instead under section 1342 of this title,
with applications under this section pending on Oct. 18, 1972, to
be deemed applications for permits under section 1342, see section
1342 of this title.
EXECUTIVE ORDER NO. 11574
Ex. Ord. No. 11574, Dec. 23, 1970, 35 F.R. 19627, which provided
for administration of a permit program to regulate discharge of
pollutants and other refuse matter into navigable waters or their
tributaries and placement of such matter on their banks, was
revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.