U.S. Code » Title 33 » Chapter CHAPTER 9— PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER IMPROVEMENTS GENERALLY › Subchapter SUBCHAPTER I— IN GENERAL

33 U.S.C. § 406

Penalty for wrongful construction of bridges, piers, etc.; removal of structures

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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.

Notes of Decisions
Cited in 89 cases (5 in the last 5 years), 1933–2026 · leading case: California v. Sierra Club, 451 U.S. 287 (1981).
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California v. Sierra Club, 451 U.S. 287 (1981). · cites it 2× “[6] In addition, § 12 of the Act, 33 U. S. C. § 406 , provides criminal penalties for violations of the provisions of various sections of the Act, including the provisions of § 10; and, § 17 of the Act, 33 U.”
Wyandotte Transp. Co. v. United States, 389 U.S. 191 (1967). · cites it 4× “[8] They point out that § 12 of the Act, 33 U. S. C. § 406 , which provides penalties for violations of § 10, 33 U.”
United States v. Schmitt, 734 F. Supp. 1035 (E.D.N.Y 1990). · cites it 8× “20) Specifically, the Government argues that 33 U.S.C. § 406 expressly authorizes the Attorney General to enforce the Rivers and Harbors Appropriation Act by injunction from the district court.”
United States v. Milner, 583 F.3d 1174 (9th Cir. 2009). · cites it 2× “§§ 1331 ,1345 and 33 U.S.C. § 406 , and the CWA claims under 28 U.”
Cont'l Oil Co. v. Bonanza Corp., & Repub. Ins. Co., 706 F.2d 1365 (5th Cir. 1983). · cites it 2× “§§ 403 and 406 read in relevant part: The creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is hereby prohibited .”
Vieux Carre Prop. Owners, Residents & Assocs., Inc. v. Colonel Lloyd Kent Brown, Etc., 875 F.2d 453 (5th Cir. 1989). · cites it 2× “In fact, 33 U.S.C. § 406 explicitly vests that authority in the Attorney General.”
United States v. Repub. Steel Corp., 362 U.S. 482 (1960). · cites it 2× “[2] (3) Section 12, 33 U. S. C. § 406 , provides that violation of § 9, § 10, or § 11 (the last [3] not being material here) constitutes a misdemeanor, and that removal of any "structures or parts of structures" erected in violation of said sections may be enforced by injunction.”
United States v. Tull, 615 F. Supp. 610 (E.D. Va. 1983). · cites it 3× “Relief is sought pursuant to 33 U.S.C. §§ 406 ; 1319. The defendant has denied liability on all counts.”
United States v. Stand. Oil Co., 384 U.S. 224 (1966). · cites it 2× “1151 , 33 U. S. C. § 406 (1964 ed.). [4] Congress was presented, when considering one of the predecessors of the 1899 Act, with the representations of the Office of the Chief of Army Engineers that there had been "serious injury to navigable waters by the discharge of sawmill…”
United States v. San Juan Bay Marina, 239 F.3d 400 (1st Cir. 2001). “See 33 U.S.C. § 406 ; Cumberland Farms, 826 F.”
United States v. Bd. of Trs. of Florida Keys Cmty. Coll., 531 F. Supp. 267 (S.D. Fla. 1981). · cites it 2× “Jurisdiction over the cause is predicated on the Rivers and Harbors Appropriation Act of 1899, 33 U.S.C. § 406 and the Federal Clean Water Act, 33 U.”
Complaint of the Univ. of Texas Med. Branch at Galveston the Univ. of Texas Med. Branch at Galveston v. United States, 557 F.2d 438 (5th Cir. 1977). “Section 12, 33 U.S.C. § 406 , provides: 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…”
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