787 



425, § 17. 30 Stat. 1153; June 25. 1948. ch. 646, § 1, 

 62 Stat. 909. eff. Sept. 1. 1948.) 



***** 



§ 419. Regulation by Secretary governing transporta- 

 tion and dumping of dredgings, refuse, etc., into 

 navigable waters; oyster lands; appropriations. 



The Secretary of the Army is authorized'and em- 

 powered to prescribe regulations to govern the trans- 

 portation and dumping into any navigable water, or 

 waters adjacent thereto, of dredgings. earth, garbage. 

 and other refuse materials of every kind or descrip- 

 tion, whenever in his judgment such regulations are 

 required in the interest of navigation. Such regu- 

 lations shall be posted in conspicuous and appropri- 

 ate places for the information of the public; and 

 every person or corporation which shall violate the 

 said regulations, or any of them, shall be deemed 

 guilty of a misdemeanor and shall be subject to the 

 penalties prescribed in sections 411 and 412 of this 

 title, for violation of the provisions of section 407 

 of this title: Provided, That any regulations made 

 in pursuance hereof may be enforced as provided in 

 section 413 of this title, the provisions whereof are 

 made applicable to the said regulations: Provided 

 further. That this section shall not apply to any 

 waters within the jurisdictional boundaries of any 

 State which are now or may hereafter be used for 

 the cultivation of oysters under the laws of such 

 State, except navigable channels which have been 

 or may hereafter be improved by the United States, 

 or to be designated as navigable channels by com- 

 petent authority, and in making such improvements 

 of channels, the material dredged shall not be de- 

 posited upon any ground in use in accordance with 

 the laws of such State for the cultivation of oysters. 

 except in comphance with said laws: And provided 

 further, That any expense necessary in executing 

 this section may be paid from funds available for the 

 improvement of the harbor or waterway, for which 

 regulations may be prescribed, and in case no such 

 funds are available the said expense may be paid 

 from appropriations made by Congress for exam- 

 inations, surveys, and contingencies of rivers and 

 harbors. (Mar. 3. 1905, ch. 1482, § 4, 33 Stat. 1147.) 



§ 421. Deposit of refuse, etc., in Lake Michigan near 

 Chicago. 



It shall not be lawful to throw, discharge, dump, or 

 deposit, or cause, suffer, or procure, to be thrown, 

 discharged, dumped, or deposited, any refuse matter 

 of any kind or description whatever other than that 

 flowing from streets and sewers and passing there- 

 from in a liquid state into Lake Michigan, at any 

 point opposite or in front of the county of Cook, in 

 the State of Illinois, or the county of Lake in the State 

 of Indiana, within eight miles from the shore of said 

 lake, unless said material shall be placed inside of a 

 breakwater so arranged as not to permit the escape 

 of such refuse material into the body of the lake and 

 cause contamination thereof; and no officer of the 

 Government shall dump or cause or authorize to be 

 dumped any material contrary to the provisions of 

 this section: Provided, however, TTiat the provisions 



of this section shall not apply to work in connection 

 with the construction, repair, and protection of 

 breakwaters and other structures built in aid of navi- 

 gation, or for the purpose of obtaining water supply. 

 Any person violating any provision of this section 

 shall be guilty of a misdemeanor, and on conviction 

 thereof shall be fined for each offense not exceeding 

 $1,000. (June 23, 1910, ch. 359, 36 Stat. 593.) 



***** 



§ 426 Investigations concerning erosion of shores of 

 coastal and lake waters. 



The Chief of Engineers of the United States Army, 

 under the direction of the Secretary of the Army, 

 IS authorized and directed to cause investigations 

 and studies to be made in cooperation with the ap- 

 propriate agencies of the various States on the At- 

 lantic, Pacific, and gulf coasts and on the Great 

 Lakes, and of the States of Alaska and Hawaii, the 

 Commonwealth of Puerto Rico, and the possessions 

 of the United States, with a view to devising effec- 

 tive means of preventing erosion of the shores of 

 coastal and lake waters by waves and currents; and 

 any expenses incident and necessary thereto may be 

 paid from funds appropriated for General Investi- 

 gations. Civil Functions. Department of the Army: 

 Provided, That the Department of the Army may 

 release to the appropriate cooperating agencies in- 

 formation obtained by these investigations and stud- 

 ies prior to the formal transmission of reports to 

 Congress: Provided further. That no money shall be 

 expended under authority of this section in any 

 State which does not provide for cooperation with 

 the agents of the United States and contribute to 

 the project such funds or services as the Secretary 

 of the Army may deem appropriate and require; 

 that there shall be organized under the Chief of 

 Engineers, United States Army, a Board of seven 

 members, of whom four shall be officers of the Corps 

 of Engineers and three shall be civilian engineers 

 selected by the Chief of Engineers with regard to 

 their special fitness in the field of beach erosion and 

 shore protection. The Board will furnish such tech- 

 nical assistance as may be directed by the Chief of 

 Engineers in the conduct of such studies as may be 

 undertaken and will review the reports of the inves- 

 tigations made. In the consideration of such stud- 

 ies as may be referred to the Board by the Chief of 

 Engineers, the Board shall, when it considers it 

 necessary and with the sanction of the Chief of En- 

 gineers, make, as a board or through its members, 

 personal examination of localities under investiga- 

 tion: Provided further. That the civilian members of 

 the Board may be paid at rates not to exceed $100 a 

 day for each day of attendance at Board meetings, 

 not to exceed thirty days per annum, in addition to 

 the traveling and other necessary expenses con- 

 nected with their duties on the Board in accordance 

 with the provisions of section 73b-2 of Title 5. (July 

 3, 1930, ch. 847. § 2, 46 Stat. 945; July 14, 1960, Pub. 

 L. 86-645, title I. § 103, 74 Stat. 484. ) 



AAIENDMENTS 



1960 — Pub. L 86-645, among other changes, substituted 

 provisions requiring the three civilian members of the 

 Board to be civilian engineers selected by the Chief of 

 Engineers with regard to their special fitness in the field 



94-049 O - 77 - 52 



