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33 U.S.C. § 1416

Relationship to other laws

United States · Title 33 — NAVIGATION AND NAVIGABLE WATERS · Status: effective

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33 U.S.C. § 1416, Relationship to other laws, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/469140
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Full text

After the effective date of this subchapter, all licenses, permits, and authorizations other than those issued pursuant to this subchapter shall be void and of no legal effect, to the extent that they purport to authorize any activity regulated by this subchapter, and whether issued before or after the effective date of this subchapter. The provisions of subsection (a) shall not apply to actions taken before the effective date of this subchapter under the authority of the Rivers and Harbors Act of 1899 (30 Stat. 1151), as amended (33 U.S.C. 401 et seq.). Prior to issuing any permit under this subchapter, 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. Except as expressly provided in this subsection, nothing in this subchapter 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. 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 subchapter if the Administrator finds that such requirement— 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. 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. Nothing in this subchapter 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). In addition to other provisions of law and not withstanding the specific exclusion relating to dredged material in the first sentence in section 1412(a) of this title, the dumping of dredged material in Long 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 requirements of this subchapter. Nothing in this Act shall restrict, affect or modify the rights of any person (1) to seek damages or enforcement of any standard or limitation under State law, including State common law, or (2) to seek damages under other Federal law, including maritime tort law, resulting from noncompliance with any requirement of this Act or any permit under this Act.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 96-572(S. 1148)1980-12-22
    A bill to reauthorize Title I of the Marine Protection, Research, and Sanctuaries Act, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-499(H.R. 2005)1986-10-17
    Superfund Amendments and Reauthorization Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-596(H.R. 4323)1990-11-16
    Great Lakes Critical Programs Act of 1990
    House: 376–37Senate: no recorded tally
  • Amended byPub. L. 102-580(H.R. 6167)1992-10-31
    Water Resources Development Act of 1992
    House: no recorded tallySenate: no recorded tally