790 



§ 448. Return of permit ; penalty for failure lo return. 



Every permit issued in accordance with the pro- 

 visions of section 443 of this title, which may not 

 be taken up by an inspector or deputy Inspector, 

 shall be returned within four days after issuance to 

 the office of the supervisor of the harbor; such permit 

 shall bear an indorsement by the master of' the tow- 

 boat, or the person acting in such capacity, stating 

 whether the permit has been used, and, if so, the 

 time and place of dumping. Any person violating 

 the provisions of this section shall be liable to a fine 

 of not more than $500 nor less than $100. (June 

 29, 1888, ch. 496, § 3, 25 Stat. 209; Aug. 18, 1894, ch. 

 299, § 3, 28 Stat. 360; May 28, 1908, ch. 212, § 8, 35 

 Stat. 426.) 



§449. Disposition of dredged matter; persons liable; 

 •penalty. 



All mud. dirt, sand, dredgings. and material of 

 every kind and description whatever taken, dredged, 

 or excavated from any slip, basin, or shoal in any 

 harbor subject to sections 441 to 451b of this title, 

 and placed on any boat, scow, or vessel for the pur- 

 pose of being taken or towed upon the waters of 

 that harbor to a place of deposit, shall be deposited 

 and discharged at such place or within such limits 

 as shall be defined and specified by the supervisor 

 of the harbor, as in section 443 of this title pre- 

 scribed, and not otherwise. Every person, firm, or 

 corporation being the owner of any slip, basin, or 

 shoal, from which such mud, dirt, sand, dredgings, 

 and material shall be taken, dredged, or excavated, 

 and every person, firm, or corporation in any man- 

 ner engaged in the work of dredging or excavating 

 any such slip, basin, or shoal, or of removing such 

 mud, dirt, sand, or dredgings therefrom, shall 

 severally be responsible for the deposit and dis- 

 charge of all such mud. dirt, sand, or dredgings at 

 such place or within such limits so defined and pre- 

 scribed by said supervisor of the harbor: and for 

 every violation of the provisions of this section the 

 person ofTending shall be guilty of an offense, and 

 shall be punished by a fine equal to the sum of $5 

 for every cubic yard of mud, dirt, sand, dredgings, or 

 material not deposited or discharged as required by 

 this section. (June 29, 1888, ch. 496, § 4, 25 Stat. 

 210; Aug. 28, 1958, Pub. L. 85-802, § 1 (5). 72 Stat. 

 970.) 



Amendments 



1958 — Pub L. 85-802 substituted "any harbor subject to 

 sections 441 — 451b of this title" for "the harbor of New 

 York, or the waters adjacent or tributary thereto", and 

 substituted "the waters of that harbor" for "the waters of 

 the harbor of New York". 



§ 450. Liability of vessel. 



Any boat or vessel used or employed in violating 

 any provision of sections 441 to 451b of this title, 

 shall be liable to the pecuniary penalties imposed 

 thereby, and may be proceeded against, summarily 

 by way of libel in any district court of the United 

 States having jurisdiction thereof. (June 29, 1888, 

 ch. 496, § 4, 25 Stat. 210.) 



§451. Supervisor of harbor; appointment and duties. 



An officer of the Corps of Engineers shall, for each 



harbor subject to sections 441 to 451b of this title, be 



designated by the Secretary of the Army as supervi- 

 sor of the harbor, to act under the direction of the 

 Chief of Engineers in enforcing the provisions of sec- 

 tions 441 to 451b of this title, and in detecting of- 

 fenders against the same. Each such officer shall 

 have personal charge and supervision under the 

 Chief of Engineers, and shall direct the patrol boats 

 and other means to detect and bring to punishment 

 offenders against the provisions of said sections. 

 (June 29, 1888, ch 496, § 5, 25 Stat. 210; June 29, 

 1949, ch 278, 63 Stat 300; July 12, 1952, ch. 707, 66 

 Stat. 596; Aug. 28, 1958, Pub. L. 85-802, § 1 (6), 72 



Stat. 970.) 



Amendments 



1958 — Pub L. 85-802 Inserted "for each harbor subject 

 to sections 441 — 451b of this title," and substituted "each 

 such officer" for "This officer" 



1952 — Act July 12. 1952, transferred enforcement re- 

 sponsibilities of this section from a Naval officer to the 

 Army district engineer at New York 



1949 — Act June 29. 1949, repealed phrase "shall receive 

 the sea-pay of his grade and" following "this officer". 



§451a. Harbors subject to sections 441 to 451b of this 

 title. 



The following harbors shall be subject to sections 

 441 to 451b of this title: 



( 1 ) The harbor of New York. 



(2) The harbor of Hampton Roads, 



(3) The harbor of Baltimore. 



(June 29, 1888, ch. 496, §6, 25 Stat. 210; Aug. 28, 

 1958, Pub. L. 85-802, § 1 (7), 72 Stat. 970.) 



AMENDMEirrS 



1968 — Pub. L. 85-802 substituted provisions making 

 harbors of New York, Hampton Roads, and Baltimore sub- 

 ject to sections 441 — 451b of this title, for appropriation 

 provisions. 



§ 451b. Same; waters included. 



For the purposes of sections 441 to 451b of this 

 title— 



( 1 ) The term "harbor of New York" means the 

 tidal waters of the harbor of New York, its adjacent 

 and tributary waters, and those of Long Island 

 Sound. 



(2) The term "harbor of Hampton Roads" means 

 the tidal waters of the harbors of Norfolk, Ports- 

 mouth, Newport News, Hampton Roads, and their 

 adjacent and tributary waters, so much f^' the 

 Chesapeake Bay and its tributaries as lies within the 

 State of Virginia, and so much of the Atlantic Ocean 

 and its tributaries as lies within the jurisdiction of 

 the United States within or to the east of the State of 

 Virginia. 



(3) The term "harbor of Baltimore" means the 

 tidal waters of the harbor of Baltimore and its ad- 

 jacent and tributary waters, and so much of Chesa- 

 peake Bay and its tributaries as lie within the State 

 of Maryland. (June 29, 1888, ch. 496, § 7, as added 

 Aug. 28, 1958, Pub. L. 85-802, § 1(8), 72 Stat. 970.) 



§ 454. Consent of Congress to obstruction of waters 

 by New York City. 



The consent of Congress is given to the city 

 of New York, in the State of New York, to ob- 

 struct navigation of any river or other waterway 

 which does not form a connecting link between other 



