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Title 33 — Navigation and Navigable Waters

Chapter 27 — Ocean Dumping

§ 1411. Prohibited acts

Statutory text

(a)

Except as may be authorized by a permit issued pursuant to section 1412 or section 1413 of this title, and subject to regulations issued pursuant to section 1418 of this title,

(1)

no person shall transport from the United States, and

(2)

in the case of a vessel or aircraft registered in the United States or flying the United States flag or in the case of a United States department, agency, or instrumentality, no person shall transport from any location

any material for the purpose of dumping it into ocean waters.

(b)

Except as may be authorized by a permit issued pursuant to section 1412 of this title, and subject to regulations issued pursuant to section 1418 of this title, no person shall dump any material transported from a location outside the United States (1) into the territorial sea of the United States, or (2) into a zone contiguous to the territorial sea of the United States, extending to a line twelve nautical miles seaward from the base line from which the breadth of the territorial sea is measured, to the extent that it may affect the territorial sea or the territory of the United States.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Marine Protection, Research, and Sanctuaries Act of 1972

    Pub. L. 92–532 title I § 101 · 86 Stat. 1052

    Enacted · 33 U.S.C. § 1411

    Pub. L. 92–532, title I, § 101, Oct. 23, 1972, 86 Stat. 1053

    Source evidence

    Code source credit
    Pub. L. 92–532, title I, § 101, Oct. 23, 1972, 86 Stat. 1053

    Enacted provision · exact public law section
    Sec. 101. prohibited acts (a) No person shall transport from the United States any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or except as may be authorized in a permit issued under this title, and subject to regulations issued under section 108 hereof by the Secretary of the Department in which the Coast Guard is operating, any other material for the purpose of dumping it into ocean waters. (b) No person shall dump any radiological, chemical, or biological warfare agent or any high-level’ radioactive waste, or, except as may be authorized in a permit issued under this title, any other material, transported from any location outside the United States, (1)_ into the territorial sea of the United States, or (2) into a zone contiguous to the territorial sea of the United States, extending to a line twelve nautical miles seaward from the base line from which the breadth of the territorial sea is measured, to the extent that it may affect the territorial sea or the territory of the United States. (c) No officer, employee, agent, department, agency, or instrumentality of the United States shall transport, from any location outside the United States any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or. except as may be authorized in a permit issued under tills title, any other material for the purpose of dumping it into ocean waters.

  2. Pub. L. 93–254 § 1(3) · [88 Stat. 50]

    1. Substituted · 33 U.S.C. § 1411(a)

      Pub. L. 93–254 incorporated existing provisions in introductory text, substituting reference to permits issued under section 1412 or section 1413 of this title for prior reference to such issuance under this subchapter; incorporated existing provisions in item designated (1); added item (2);

    2. Substituted · 33 U.S.C. § 1411(a)

      Pub. L. 93–254 incorporated existing provisions in introductory text, substituted prohibition against transportation of any material for ocean dumping for former prohibition against such dumping of any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or any other material

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–254 incorporated existing provisions in introductory text, substituting reference to permits issued under section 1412 or section 1413 of this title for prior reference to such issuance under this subchapter; incorporated existing provisions in item designated (1); added item (2); and substituted prohibition against transportation of any material for ocean dumping for former prohibition against such dumping of any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or any other material.

    Enacted provision · exact public law section
    (1) Section 2 is amended by deleting the last sentence thereof and by adding a new subsection to read as follows: “(c) It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.”.

    Effective date note
    Amendment by Pub. L. 93–254 effective Mar. 22, 1974, see section 2 of Pub. L. 93–254, set out in part as a note under section 1401 of this title.

  3. Pub. L. 93–254 § 1(3) · [88 Stat. 50]

    1. Substituted · 33 U.S.C. § 1411(b)

      Pub. L. 93–254 substituted reference to permits issued under section 1412 of this title for former reference to such issuance under this subchapter, made any ocean dumping subject to regulations issued under section 1418 of this title

    2. Substituted · 33 U.S.C. § 1411(b)

      Pub. L. 93–254 substituted prohibition against dumping of any material for former prohibition against dumping of any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or any other material

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 93–254 substituted reference to permits issued under section 1412 of this title for former reference to such issuance under this subchapter, made any ocean dumping subject to regulations issued under section 1418 of this title, and substituted prohibition against dumping of any material for former prohibition against dumping of any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or any other material.

    Enacted provision · exact public law section
    (1) Section 2 is amended by deleting the last sentence thereof and by adding a new subsection to read as follows: “(c) It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.”.

    Effective date note
    Amendment by Pub. L. 93–254 effective Mar. 22, 1974, see section 2 of Pub. L. 93–254, set out in part as a note under section 1401 of this title.

  4. Pub. L. 93–254 § 1(3) · [88 Stat. 50]

    Struck · 33 U.S.C. § 1411(c)

    Pub. L. 93–254 struck out subsec. (c) which prohibited any officer, employee, agent, department, agency, or instrumentality of the United States from transporting from any location outside the United States any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or, except as may be authorized in a permit, any other material for purpose of dumping in ocean waters. See subsec. (b) of this section

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 93–254 struck out subsec. (c) which prohibited any officer, employee, agent, department, agency, or instrumentality of the United States from transporting from any location outside the United States any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or, except as may be authorized in a permit, any other material for purpose of dumping in ocean waters. See subsec. (b) of this section.

    Enacted provision · exact public law section
    (1) Section 2 is amended by deleting the last sentence thereof and by adding a new subsection to read as follows: “(c) It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.”.

    Effective date note
    Amendment by Pub. L. 93–254 effective Mar. 22, 1974, see section 2 of Pub. L. 93–254, set out in part as a note under section 1401 of this title.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments

1974—Subsec. (a). Pub. L. 93–254 incorporated existing provisions in introductory text, substituting reference to permits issued under section 1412 or section 1413 of this title for prior reference to such issuance under this subchapter; incorporated existing provisions in item designated (1); added item (2); and substituted prohibition against transportation of any material for ocean dumping for former prohibition against such dumping of any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or any other material.

Subsec. (b). Pub. L. 93–254 substituted reference to permits issued under section 1412 of this title for former reference to such issuance under this subchapter, made any ocean dumping subject to regulations issued under section 1418 of this title, and substituted prohibition against dumping of any material for former prohibition against dumping of any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or any other material.

Subsec. (c). Pub. L. 93–254 struck out subsec. (c) which prohibited any officer, employee, agent, department, agency, or instrumentality of the United States from transporting from any location outside the United States any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or, except as may be authorized in a permit, any other material for purpose of dumping in ocean waters. See subsec. (b) of this section.

Statutory Notes and Related Subsidiaries

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–254 effective , see section 2 of Pub. L. 93–254, set out in part as a note under section 1401 of this title.

Effective Date

Pub. L. 92–532, title I, § 110(a), , 86 Stat. 1060, provided that: “This title [this subchapter] shall take effect six months after the date of the enactment of this Act [].”

Savings Provision

Pub. L. 92–532, title I, § 110(b), , 86 Stat. 1060, provided that: “No legal action begun, or right of action accrued, prior to the effective date of this title [this subchapter] shall be affected by any provision of this title [this subchapter].”

Executive Documents

Territorial Sea and Contiguous Zone of United States

For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.

Credits

1972–1974 · 2 acts
  1. 1972Pub. L. 92–532, title I, § 101, , 86 Stat. 1053
  2. 1974Pub. L. 93–254, § 1(3), , 88 Stat. 51.
Show as published

(Pub. L. 92–532, title I, § 101, , 86 Stat. 1053; Pub. L. 93–254, § 1(3), , 88 Stat. 51.)

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