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Appendix 2 
NANDR 1145-2=1 
23 April 1969 
any place on the bank of any navigable water or its tributary where the 
material shall be liable to be washed into such navigable water whereby 
navigation shall or may be impeded or obstructed. 
d. Section 10 of the 1899 Act (33 U.S.C. 403) makes it unlawful to 
build any structure outside of established harbor lines or where no harbor 
lines have been established, or to excavate or fill, or in any manner to 
alter or modify the course, location, condition, or capacity of any navigable 
water of the United States without authorization from the Secretary of the 
Army (usually in form of permit issued by the District Engineer). 
e. Section 15 makes it unlawful to tie up or anchor any craft in 
navigable channels in such a manner as to prevent or obstruct the passage of 
other craft, or to voluntarily or carelessly sink, or permit or cause to be 
sunk, any craft in navigable channels in such a manner as to obstruct, 
impede, or endanger navigation. 
f. Oil Pollution Act, 1924, This Act (33 U.S.C. 431, et. seq.) pro- 
hibits the discharge of oil from vessels into the coastal navigable waters 
of the United States. The primary enforcement of this Act rests with the 
Federal Water Pollution Control Administration acting under the Secretary 
of the Interior under the Clean Water Restoration Act of 1966, The Oil 
Pollution Act, as amended, requires proof that an oil discharge was due to 
"gross negligence” or "willful spilling." These conditions are difficult 
of proof and nullify the effectiveness of the Act. Consequently, oil 
discharges from vessels as well as from shore establishments will be 
investigated by the staff of the Supervisor of New York Harbor and District 
Engineer under the provisions of the 1888 Act when the discharge occurs 
in the waters under the jurisdiction of the Supervisor and under the 
provisions of the 1899 Act when the discharge occurs elsewhere within the 
District area of jurisdiction. Reports of oil violations received from 
the U.S. Coast Guard will be treated under the applicable Act, as indicated 
in ER 1145-2=-301. 
g.- Oil Pollution Act of 1961, This Act, as amended, implements the 
provisions of the International Convention for the Prevention of Pollution 
of the Sea by oil, 1954, as amended in 1967, and prohibits the discharge 
of oil, except under certain specified conditions, in all sea areas within. 
50 miles from the nearest land of those countries to which the International 
Convention applies, Public Law 89-670 transferred administration of this 
Act from the Secretary of the Army to the Secretary of Transportation who 
delegated the responsibility for administration of the Act to the Coast 
Guard effective 31 March 1967, 
h. The O41 Pollution Act of 1961, as amended, does not change or modify 
the O11 Pollution Act of 1924. The Act of 1924, as amended, is in addition 
to other laws for the preservation and protection of navigable waters of the 
United States and does not repeal, modify, or in any manner affect the 
provisions of such laws. 
