---
kind: "range"
citation: "33 U.S.C. §§ 411–416"
title: "33"
from: "411"
to: "416"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/33/411..416"
---

# §411. Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and obstruction of navigable waters generally


Every person and every corporation that shall violate, or that shall knowingly aid, abet, authorize, or instigate a violation of the provisions of sections [407](/usc/33/407.md), [408](/usc/33/408.md), [409](/usc/33/409.md), [414](/usc/33/414.md), and [415](/usc/33/415.md) of this title shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of up to $25,000 per day, or by imprisonment (in the case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction.


# §412. Liability of masters, pilots, etc., and of vessels engaged in violations


Any and every master, pilot, and engineer, or person or persons acting in such capacity, respectively, on [board](/usc/33/467.md?p=2) of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded with any [material](/usc/33/1402.md?p=c) specified in [section 407 of this title](/usc/33/407.md) to any point or place of deposit or discharge in any harbor or navigable water, elsewhere than within the limits defined and permitted by the [Secretary](/usc/33/426h–1.md?p=2) of the Army, or who shall willfully injure or destroy any work of the United States contemplated in [section 408 of this title](/usc/33/408.md), or who shall willfully obstruct the channel of any waterway in the manner contemplated in [section 409 of this title](/usc/33/409.md), shall be deemed guilty of a violation of this Act, and shall upon conviction be punished as provided in [section 411 of this title](/usc/33/411.md), and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and convicted. And any boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections [407](/usc/33/407.md), [408](/usc/33/408.md), [409](/usc/33/409.md), [414](/usc/33/414.md), and [415](/usc/33/415.md) of this title shall be liable for the pecuniary penalties specified in [section 411 of this title](/usc/33/411.md), and in addition thereto for the amount of the [damages](/usc/33/2701.md?p=5) done by said boat, vessel, scow, raft, or other craft, which latter sum shall be placed to the credit of the appropriation for the improvement of the harbor or waterway in which the damage occurred, and said boat, vessel, scow, raft, or other craft may be proceeded against summarily by way of libel in any district court of the United States having jurisdiction thereof.


# §413. Duty of United States attorneys and other Federal officers in enforcement of provisions; arrest of offenders


The Department of Justice shall conduct the legal proceedings necessary to enforce the provisions of sections [401](/usc/33/401.md), [403](/usc/33/403.md), [404](/usc/33/404.md), [406](/usc/33/406.md), [407](/usc/33/407.md), [408](/usc/33/408.md), [409](/usc/33/409.md), [411](/usc/33/411.md), and [412](/usc/33/412.md) of this title; and it shall be the duty of United States attorneys to vigorously prosecute all offenders against the same whenever requested to do so by the [Secretary](/usc/33/426h–1.md?p=2) of the Army or by any of the officials hereinafter designated, and it shall furthermore be the duty of said United States attorneys to report to the Attorney General of the United States the action taken by him against offenders so reported, and a transcript of such reports shall be transmitted to the [Secretary](/usc/33/426h–1.md?p=2) of the Army by the Attorney General; and for the better enforcement of the said provisions and to facilitate the detection and bringing to punishment of such offenders, the officers and agents of the United States in charge of river and harbor improvements, and the assistant engineers and inspectors employed under them by authority of the [Secretary](/usc/33/426h–1.md?p=2) of the Army, and the United States collectors of customs and other revenue officers shall have power and authority to swear out process, and to arrest and take into custody, with or without process, any person or persons who may commit any of the acts or offenses prohibited by the said sections, or who may violate any of the provisions of the same: Provided, That no person shall be arrested without process for any offense not committed in the presence of some one of the aforesaid officials: And provided further, That whenever any arrest is made under such sections, the person so arrested shall be brought forthwith before a magistrate judge, judge, or court of the United States for examination of the offenses alleged against him; and such magistrate judge, judge, or court shall proceed in respect thereto as authorized by law in case of crimes against the United States.


# §414. Vessel removal by Corps of Engineers

- (a) **Removal of obstructive vessels—**
  - (1) **In general—** Whenever the navigation of any river, lake, harbor, sound, bay, canal, or other navigable waters of the United States shall be obstructed or endangered by any sunken vessel, boat, water craft, raft, or other similar obstruction, and such obstruction has existed for a longer period than thirty days, or whenever the abandonment of such obstruction can be legally established in a less space of time, the sunken vessel, boat, water craft, raft, or other obstruction shall be subject to be broken up, removed, sold, or otherwise disposed of by the [Secretary](/usc/33/426h–1.md?p=2) of the Army at his discretion, without liability for any damage to the owners of the same: Provided, That in his discretion, the [Secretary](/usc/33/426h–1.md?p=2) of the Army may cause reasonable notice of such obstruction of not less than thirty days, unless the legal abandonment of the obstruction can be established in a less time, to be given by publication, addressed “To whom it may concern,” in a newspaper published nearest to the locality of the obstruction, requiring the removal thereof: And provided also, That the [Secretary](/usc/33/426h–1.md?p=2) of the Army may, in his discretion, at or after the time of giving such notice, cause sealed proposals to be solicited by public advertisement, giving reasonable notice of not less than ten days, for the removal of such obstruction as soon as possible after the expiration of the above specified thirty days’ notice, in case it has not in the meantime been so removed, these proposals and contracts, at his discretion, to be conditioned that such vessel, boat, water craft, raft, or other obstruction, and all cargo and property contained therein, shall become the property of the contractor, and the contract shall be awarded to the bidder making the proposition most advantageous to the United States: Provided, That such bidder shall give satisfactory security to execute the work: Provided further, That any money received from the sale of any such wreck, or from any contractor for the removal of wrecks, under this paragraph shall be covered into the Treasury of the United States.
  - (2) **Liability of owner, lessee, or operator—** The owner, lessee, or operator of such vessel, boat, watercraft, raft, or other obstruction as described in this subsection shall be liable to the United States for the cost of removal or destruction and disposal as described which exceeds the costs recovered under [paragraph (1)](#a-1). Any amount recovered from the owner, lessee, or operator of such vessel pursuant to this subsection to recover costs in excess of the proceeds from the sale or disposition of such vessel shall be deposited in the general fund of the Treasury of the United States.
- (b) **Removal of abandoned vessel—**
  - (1) **In general—** The [Secretary](/usc/33/426h–1.md?p=2) is authorized to remove from the navigable waters of the United States a [covered vessel](#b-4-A) that does not obstruct the navigation of such waters, if—
    - (A) such removal is determined to be in the public interest by the [Secretary](/usc/33/426h–1.md?p=2), in consultation with any State in which the vessel is located or any Indian Tribe with jurisdiction over the area in which the vessel is located, as applicable; and
    - (B) in the case of a vessel that is not under the control of the United States by reason of seizure or forfeiture, the Commandant of the Coast Guard determines that the vessel is abandoned.
  - (2) **Interagency agreements—** In removing a [covered vessel](#b-4-A) under this subsection, the [Secretary](/usc/33/426h–1.md?p=2)—
    - (A) is authorized to enter into an interagency agreement with the head of any Federal department, agency, or instrumentality that has control of such vessel; and
    - (B) is authorized to accept funds from such department, agency, or instrumentality for the removal of such vessel.
  - (3) **Liability—** The owner of a [covered vessel](#b-4-A) shall be liable to the United States for the costs of removal, destruction, and disposal of such vessel under this subsection.
  - (4) **Covered vessel defined—**
    - (A) **In general—** In this subsection, the term “covered vessel” means a vessel—
      - (i) determined to be abandoned by the Commandant of the Coast Guard; or
      - (ii) under the control of the United States by reason of seizure or forfeiture pursuant to any law.
    - (B) **Exclusion—** The term “[covered vessel](#b-4-A)” does not include—
      - (i) any vessel for which the [Secretary](/usc/33/426h–1.md?p=2) has removal authority under [subsection (a)](#a) or [section 415 of this title](/usc/33/415.md);
      - (ii) an abandoned barge for which the Commandant of the Coast Guard has the authority to remove under [chapter 47](/usc/46/chstII-ptB-ch47.md) of title 46; and
      - (iii) a vessel—
        - (I) for which the owner is not identified, unless determined to be abandoned by the Commandant of the Coast Guard; or
        - (II) for which the owner has not agreed to pay the costs of removal, destruction, or disposal.
  - (5) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2025 through 2029.

# §415. Summary removal of water craft obstructing navigation; liability of owner, lessee, or operator

- (a) **Removal authority—** Under emergency, in the case of any vessel, boat, water craft, or raft, or other similar obstruction, sinking of grounding, or being unnecessarily delayed in any Government canal or lock, or in any navigable waters mentioned in [section 414 of this title](/usc/33/414.md), in such manner as to stop, seriously interfere with, or specially endanger navigation, in the opinion of the [Secretary](/usc/33/426h–1.md?p=2) of the Army, or any agent of the United States to whom the [Secretary](/usc/33/426h–1.md?p=2) may delegate proper authority, the [Secretary](/usc/33/426h–1.md?p=2) of the Army or any such agent shall have the right to take immediate possession of such boat, vessel, or other water craft, or raft, so far as to remove or to destroy it and to clear immediately the canal, lock, or navigable waters aforesaid of the obstruction thereby caused, using his best judgment to prevent any unnecessary injury; and no one shall interfere with or prevent such removal or destruction: Provided, That the officer or agent charged with the removal or destruction of an obstruction under this section may in his discretion give notice in writing to the owners of any such obstruction requiring them to remove it: And provided further, That the actual expense, including administrative expenses, of removing any such obstruction as aforesaid shall be a charge against such craft and cargo; and if the owners thereof fail or refuse to reimburse the United States for such expense within thirty days after notification, then the officer or agent aforesaid may sell the craft or cargo, or any part thereof that may not have been destroyed in removal, and the proceeds of such sale shall be covered into the Treasury of the United States.
- (b) **Removal requirement—** Not later than 24 hours after the [Secretary](/usc/33/426h–1.md?p=2) of the Department in which the Coast Guard is operating issues an order to stop or delay navigation in any navigable waters of the United States because of conditions related to the sinking or grounding of a vessel, the owner or operator of the vessel, with the approval of the [Secretary](/usc/33/426h–1.md?p=2) of the Army, shall begin removal of the vessel using the most expeditious removal method available or, if appropriate, secure the vessel pending removal to allow navigation to resume. If the owner or operator fails to begin removal or to secure the vessel pending removal or fails to complete removal on an expedited basis, the [Secretary](/usc/33/426h–1.md?p=2) of the Army shall remove or destroy the vessel using the summary removal procedures under [subsection (a)](#a).
- (c) **Liability of owner, lessee, or operator—** The owner, lessee, or operator of such vessel, boat, watercraft, raft, or other obstruction as described in this section shall be liable to the United States for the actual cost, including administrative costs, of removal or destruction and disposal as described which exceeds the costs recovered under [subsection (a)](#a). Any amount recovered from the owner, lessee, or operator of such vessel pursuant to this subsection to recover costs in excess of the proceeds from the sale or disposition of such vessel shall be deposited in the general fund of the Treasury of the United States.

# §416. Appropriations for removal of sunken water craft


Such sum of money as may be necessary to execute sections [414(a)](/usc/33/414.md?p=a) and [415](/usc/33/415.md) of this title is hereby appropriated out of any money in the Treasury not otherwise appropriated, to be paid out on the requisition of the [Secretary](/usc/33/426h–1.md?p=2) of the Army.