EP 1165-2-1
30 Jul 99
a. Section 7 of the River and Harbor Act approved 8 August
1917 authorizes the Secretary of the Army to promulgate regulations
for the use, administration, and navigation of the navigable waters of
the United States as public necessity may require for the protection
of life and property or for operations of the United States in
providing channel improvements. Procedures followed for promulgation
of such regulations, although they do not involve issuance of permits,
are similar to those for the permit program. (33 CFR Part 324)
(1) Danger Zones. Regulations can be prescribed for the use
and navigation of any area likely to be endangered by Department of
Defense (DoD) operations. The authority to prescribe danger zone
regulations is exercised so as not to interfere with or restrict
unreasonably the commercial fishing industry. (33 CFR Part 324)
(2) Restricted Areas. When required for the protection of
life and property at DoD installations, certain areas maybe set aside
and reserved, such as naval restricted areas. Reasonable regulations
may be prescribed, after public notice, restricting or prohibiting the
use of such areas by vessels. The Coast Guard is authorized to
establish restricted areas for safety but not restricted areas for DoD
facilities. (33 CFR Part 324)
b. Section 9 of the River and Harbor Act approved March 3,
1899 (33 U.S.C. 401) prohibits the construction of any dam or dike
across any navigable water of the United States in the absence of
congressional consent and approval of the plans by the Chief of
Engineers and the Secretary of the Army. Where the navigable portions
of the waterbody lie wholly within the limits of a single state, the
structure may be built under authority of the legislature of that
state, if the location and plans or any modification thereof are
approved by the Chief of Engineers and by the Secretary of the Army.
Section 9 also pertains to bridges and causeways but the authority of
the Secretary of the Army and Chief of Engineers with respect to
bridges and causeways was transferred to the Secretary of
Transportation under the Department of Transportation Act of October
15, 1966.
c. Section 10 of the River and Harbor Act of 1899 prohibits
the unauthorized obstruction or alteration of any navigable water of
the United States. This section provides that the construction of any
structure in or over any navigable water of the United States, or the
accomplishment of any other work affecting the course, location,
condition, or physical capacity of such waters is unlawful unless the
work has been recommended by the Chief of Engineers and authorized by
the Secretary of the Army. The Secretary's approval authority has
since been delegated to the Chief of Engineers.
d. Section 13 of the River and Harbor Act of 1899
(33 U.S.C. 407) provides that the Secretary of the Army, whenever the
Chief of Engineers determines that anchorage and navigation will not
be injured thereby, may permit the discharge of refuse into navigable
waters. In the absence of a permit, such discharge of refuse is
prohibited. While the prohibition of this section, known as the
Refuse Act, is still in effect, the permit authority of the Secretary
of the Army has been superseded by the permit authority provided the
Administrator, Environmental Protection Agency (EPA), and the states
under Sections 402 and 405 of the CWA, respectively.
e. Section 404 of the CWA authorizes the Secretary of the
Army, acting through the Chief of Engineers, to issue permits for
discharges of dredged or fill materials into the waters of the United
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