Title 33 — Navigation and Navigable Waters
Chapter 9 — Protection of Navigable Waters and of Harbor and River Improvements Generally
§ 406. Penalty for wrongful construction of bridges, piers, etc.; removal of structures
Statutory text
Every person and every corporation that shall violate any of the provisions of sections 401, 403, and 404 of this title or any rule or regulation made by the Secretary of the Army in pursuance of the provisions of section 404 of this title shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $2,500 nor less than $500, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court. And further, the removal of any structures or parts of structures erected in violation of the provisions of the said sections may be enforced by the injunction of any district court exercising jurisdiction in any district in which such structures may exist, and proper proceedings to this end may be instituted under the direction of the Attorney General 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.
Pub. L. 55–425 § 12 · 30 Stat. 1121
Enacted · 33 U.S.C. § 406
Mar. 3, 1899, ch. 425, § 12, 30 Stat. 1151
Source evidence
Code source credit
Mar. 3, 1899, ch. 425, § 12, 30 Stat. 1151Enacted provision · exact public law section
Sec. 12. That every person and every corporation that shall violate Penalties; removal of structures. any of the provisions of sections nine, ten, and eleven of this Act, or any rule or regulation made by the Secretary of War in pursuance of the provisions of the said section fourteen, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding twenty-five hundred dollars nor less than five hundred dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court. FIFTY-FIFTH CONGRESS. Sess. III. Ch. 425. 1899. And further, the removal of any structures or parts of structures erected in violation of the provisions of the said sections may be enforced by the injunction of any circuit court exercising jurisdiction in any district in which such structures may exist, and proper proceedings to this end may be instituted under the direction of the Attorney-General of the United States.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section is from act , popularly known as the “Rivers and Harbors Appropriation Act of 1899”.
Amendments1900–1911 · 2 rounds
1911
Act , transferred to the District Courts the enforcement powers formerly lodged in the Circuit Courts.
1900
Act , substituted “section eleven” for “section fourteen” where first appearing, which for codification purposes, was translated as “section 404 of this title”.
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act , was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act , enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
Transfer of Functions
Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89–670, § 6(g)(6)(A), , 80 Stat. 941, which created Department of Transportation. Pub. L. 97–449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and repealed section 6(g)(6)(A).
Credits
1899–1947 · 4 acts
- 1899Mar. 3, 1899, ch. 425, § 12, 30 Stat. 1151
- 1900Feb. 20, 1900, ch. 23, § 2, 31 Stat. 32
- 1911Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167
- 1947July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.
Show as published
(Mar. 3, 1899, ch. 425, § 12, 30 Stat. 1151; Feb. 20, 1900, ch. 23, § 2, 31 Stat. 32; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)