§ 1416. Relationship to other laws

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. 1972

   Marine Protection, Research, and Sanctuaries Act of 1972

   Pub. L. 92–532 title I § 106 · 86 Stat. 1052

   Enacted · 33 U.S.C. § 1416

   Pub. L. 92–532, title I, § 106, Oct. 23, 1972, 86 Stat. 1058

   Source evidence

   Code source credit
   Pub. L. 92–532, title I, § 106, Oct. 23, 1972, 86 Stat. 1058

   Enacted provision · exact public law section
   Sec. 106. relationship to other laws (a) After the effective date of this title, all licenses, permits, and authorizations other than those issued pursuant to this title shall be void and of no legal effect, to the extent that they purport to authorize any activity regulated by this title, and whether issued before or after the effective date of this title. (b) The provisions of subsection (a) shall not apply to actions taken before the effective date of this title under the authority of the Rivers and Harbors Act of 1899 (30 Stat. 1151), as amended (33 U.S.C. 401 et. seq.). (c) Prior to issuing any permit under this title, if it appears to the Administrator that the disposition of material, other than dredged material, may adversely affect navigation in the territorial sea of the United States, or in the approaches to any harbor of the United States, or may create an artificial island on the Outer Continental Shelf, the Administrator shall consult with the Secretary and no permit shall be issued if the Secretary determines that, navigation will be unreasonably impaired. (d) After the effective date of this title, no State shall adopt or enforce any rule or regulation relating to any activity regulated by this title. Any State may, however, propose to the Administrator criteria relating to the dumping of materials into ocean waters within its jurisdiction, or into other ocean waters to the extent that such dumping may affect waters within the jurisdiction of such State, and it the Administrator determines, after notice and opportunity for hearing, that the proposed criteria are not inconsistent with the purposes of this title, may adopt those criteria and may issue regulations to implement such criteria. Such determination shall be made by the Administrator within one hundred and twenty days of receipt of the proposed criteria. For the purposes of this subsection, the term “State” means “State.” any State, interstate or regional authority, Federal territory or Commonwealth or the District of Columbia. (e) Nothing in this title shall be deemed to affect in any manner or to any extent any provision of the Fish and Wildlife Coordination Act as amended (16 U.S.C. 661–666c). 50 Stat. 1080. 72 Stat. 563.

2. 1980

   Pub. L. 96–572 § 4 · 94 Stat. 3344

   Added · 33 U.S.C. § 1416(f)

   Pub. L. 96–572 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 96–572 added subsec. (f).

   Enacted provision · exact public law section
   Sec. 4. Section 106 of the Marine Protection, Research, and Sanctuaries 33 USC 1416. Act of 1972 is amended by adding at the end thereof a new subsection as follows: “(f) In addition to other provisions of law and not withstanding the Long Island Sound, dumping. specific exclusion relating to dredged material in the first sentence in section 102(a) of this Act, the dumping of dredged material in Long 33 USC 1412. Island Sound from any Federal project (or pursuant to Federal authorization) or from a dredging project by a non-Federal applicant exceeding 25,000 cubic yards shall comply with the criteria established pursuant to the second sentence of section 102(a) of the Act relating to the effects of dumping. Subsection (d) of this section shall not apply to this subsection.”.

3. 1986

   Pub. L. 99–499 title I § 127(d) · 100 Stat. 1693

   Added · 33 U.S.C. § 1416(g)

   Pub. L. 99–499 added subsec. (g)

   Unresolved: Pub. L. 99–499 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 99–499 added subsec. (g).

4. 1990

   Long Island Sound Improvement Act of 1990

   Pub. L. 101–596 title II § 203 · 104 Stat. 3000

   Substituted · 33 U.S.C. § 1416(f)

   Pub. L. 101–596, which directed the substitution of “the requirements of this subchapter” for all after “shall comply with” in “subsection 116(g) of the Marine Protection Research and Sanctuaries Act (33 U.S.C. 1416(g))”, was executed by making the substitution for “the criteria established pursuant to the second sentence of section 1412(a) of this title relating to the effects of dumping. Subsection (d) of this section shall not apply to this subsection.” which followed “shall comply with” in section 106(f) of the Marine Protection Research and Sanctuaries Act of 1972, which is classified to subsec. (f) of this section, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 101–596, which directed the substitution of “the requirements of this subchapter” for all after “shall comply with” in “subsection 116(g) of the Marine Protection Research and Sanctuaries Act (33 U.S.C. 1416(g))”, was executed by making the substitution for “the criteria established pursuant to the second sentence of section 1412(a) of this title relating to the effects of dumping. Subsection (d) of this section shall not apply to this subsection.” which followed “shall comply with” in section 106(f) of the Marine Protection Research and Sanctuaries Act of 1972, which is classified to subsec. (f) of this section, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   Sec. 203. relationship to other laws Amend subsection 116(g) of the Marine Protection Re-search and Sanctuaries Act (33 U.S.C. 1416(g)) by striking all after “shall comply with” and inserting in lieu thereof the following “the requirements of this title.”.

5. 1992

   Water Resources Development Act of 1992

   Pub. L. 102–580 title V § 505 · 106 Stat. 4797

   Amended · 33 U.S.C. § 1416(d)

   Pub. L. 102–580 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “After the effective date of this subchapter, no State shall adopt or enforce any rule or regulation relating to any activity regulated by this subchapter. Any State may, however, propose to the Administrator criteria relating to the dumping of materials into ocean waters within its jurisdiction, or into other ocean waters to the extent that such dumping may affect waters within the jurisdiction of such State, and if the Administrator determines, after notice and opportunity for hearing, that the proposed criteria are not inconsistent with the purposes of this subchapter, may adopt those criteria and may issue regulations to implement such criteria. Such determination shall be made by the Administrator within one hundred and twenty days of receipt of the proposed criteria. For the purposes of this subsection, the term ‘State’ means any State, interstate or regional authority, Federal territory or Commonwealth or the District of Columbia.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 102–580 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “After the effective date of this subchapter, no State shall adopt or enforce any rule or regulation relating to any activity regulated by this subchapter. Any State may, however, propose to the Administrator criteria relating to the dumping of materials into ocean waters within its jurisdiction, or into other ocean waters to the extent that such dumping may affect waters within the jurisdiction of such State, and if the Administrator determines, after notice and opportunity for hearing, that the proposed criteria are not inconsistent with the purposes of this subchapter, may adopt those criteria and may issue regulations to implement such criteria. Such determination shall be made by the Administrator within one hundred and twenty days of receipt of the proposed criteria. For the purposes of this subsection, the term ‘State’ means any State, interstate or regional authority, Federal territory or Commonwealth or the District of Columbia.”

   Enacted provision · exact public law section
   SEC. 505. STATE OCEAN DUMPING REQUIREMENTS. Section 106(d) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1416(d)) is amended to read as follows: “(d) State Programs.— (1) State rights preserved.— Except as expressly provided in this subsection, nothing in this title shall preclude or deny the right of any State to adopt or enforce any requirements respecting dumping of materials into ocean waters within the jurisdiction of the State. “(2) Federal projects.— In the case of a Federal project, a State may not adopt or enforce a requirement that is more stringent than a requirement under this title if the Administrator finds that such requirement— “(A) is not supported by relevant scientific evidence showing the requirement to be protective of human health, aquatic resources, or the environment; “(B) is arbitrary or capricious; or “(C) is not applicable or is not being applied to all projects without regard to Federal, State, or private participation and the Secretary of the Army concurs in such “(3) Exemption from state requirements.— The President may exempt a Federal project from any State requirement respecting dumping of materials into ocean waters if it is in the paramount interest of the United States to do so. “(4) Consideration of site of origin prohibited.— Any requirement respecting dumping of materials into ocean waters applied by a State shall be applied without regard to the site of origin of the material to be dumped.”.

4 of 5 references resolved to an enrolled provision · 1 unresolved