U.S. Code » Title 33 » Chapter CHAPTER 26— WATER POLLUTION PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— RESEARCH AND RELATED PROGRAMS

33 U.S.C. § 502

NATIONAL CONTAMINATED SEDIMENT TASK FORCE.

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“(a)Establishment.—There is established a National Contaminated Sediment Task Force (hereinafter referred to in this section as the ‘Task Force’). The Task Force shall—“(1) advise the Administrator and the Secretary in the implementation of this title;“(2) review and comment on reports concerning aquatic sediment quality and the extent and seriousness of aquatic sediment contamination throughout the Nation;“(3) review and comment on programs for the research and development of aquatic sediment restoration methods, practices, and technologies;“(4) review and comment on the selection of pollutants for development of aquatic sediment criteria and the schedule for the development of such criteria;“(5) advise appropriate officials in the development of guidelines for restoration of contaminated sediment;“(6) make recommendations to appropriate officials concerning practices and measures—“(A) to prevent the contamination of aquatic sediments; and“(B) to control sources of sediment contamination; and“(7) review and assess the means and methods for locating and constructing permanent, cost-effective long-term disposal sites for the disposal of dredged material that is not suitable for ocean dumping (as determined under the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) [also 16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 2801 et seq.]).“(b)Membership.—“(1)In general.—The membership of the Task Force shall include 1 representative of each of the following:“(A) The Administrator.“(B) The Secretary.“(C) The National Oceanic and Atmospheric Administration.“(D) The United States Fish and Wildlife Service.“(E) The Geological Survey [now United States Geological Survey].“(F) The Department of Agriculture.“(2)Additional members.—Additional members of the Task Force shall be jointly selected by the Administrator and the Secretary, and shall include—“(A) not more than 3 representatives of States;“(B) not more than 3 representatives of ports, agriculture, and manufacturing; and“(C) not more than 3 representatives of public interest organizations with a demonstrated interest in aquatic sediment contamination.“(3)Cochairmen.—The Administrator and the Secretary shall serve as cochairmen of the Task Force.“(4)Clerical and technical assistance.—Such clerical and technical assistance as may be necessary to discharge the duties of the Task Force shall be provided by the personnel of the Environmental Protection Agency and the Army Corps of Engineers.“(5)Compensation for additional members.—The additional members of the Task Force selected under paragraph (2) shall, while attending meetings or conferences of the Task Force, be compensated at a rate to be fixed by the cochairmen, but not to exceed the daily equivalent of the base rate of pay in effect for grade GS–15 of the General Schedule under section 5332 of title 5, United States Code, for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Task Force. While away from their homes or regular places of business in the performance of services for the Task Force, such members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code.“(c)Report.—Within 2 years after the date of the enactment of this Act [Oct. 31, 1992], the Task Force shall submit to Congress a report stating the findings and recommendations of the Task Force.”
Notes of Decisions
Cited in 8 cases, 1928–1984 · leading case: Nat'l Bank of Com. v. Bd. of Sup'rs, 20 So. 2d 264 (La. 1944).
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Nat'l Bank of Com. v. Bd. of Sup'rs, 20 So. 2d 264 (La. 1944). “The courts uphold statutes vesting such power in such officers if it is possible fairly to do so, at least where the powers are merely ministerial.”
Adams v. Harris Cnty., Texas, 316 F. Supp. 938 (S.D. Tex. 1970). “Under 33 U.S.C. § 502 , the Secretary of the Army is delegated authority, after complying with certain procedural requirements, to compel alterations of those bridges over navigable waters which he, for good reason, -believes to be an obstruction to free navigation on account of…”
Gulf & I. Ry. Co. of Texas v. Davis, 26 F.2d 930 (S.D. Tex. 1928). “mited vertical clearance, and a horizontal clearance between fenders of 80 feet to the center line of the channel,” the notice requiring one year from that date for the completion of said bridge; that the alteration of the bridge as required would cause an expenditure of over…”
United States v. New York Cent. R.R. Co., 252 F. Supp. 508 (D. Mass. 1965). “This is not a criminal proceeding under 33 U.S.C.A. § 502 . Neither is it specifically an action to recover any civil penalty in lieu of the fine imposed by this section.”
In re the Valuation Proceedings Under §§ 303(C) & 306 of the Reg'l Rail Reorganization Act of 1973, 591 F. Supp. 651 (Regl. Rail Reorg. Act 1984). “1121 , 1153-54, 33 U.S.C. § 502 , provides criminal penalties for the willful failure of a bridge owner to comply with a lawful order “to alter the [bridge] as to render navigation through or under it reasonably free, easy, and unobstructed.”
Davis v. Gulf & I. Ry. Co. of Texas, 31 F.2d 109 (5th Cir. 1929). “The notice prescribed by 33 USCA § 502, for the alteration of a railroad bridge over a navigable waterway of the United States, was given by the Secretary of War to the companies owning and operating the railroad.”
S. Ry. Co. v. United States, 88 F.2d 31 (5th Cir. 1937). “Appellant, Southern Railway Company, was convicted of violating the penal provisions of section 18 of the rivers and harbors act of March 3, 1899 ( 33 U.S.C.A. § 502 ) on an information which charged willful refusal and failure to obey an order of the Secretary of War to alter a…”
Dep't of Highways of Louisiana v. United States, 159 F. Supp. 341 (Ct. Cl. 1958). “Both the 1899 Act ( 33 U.S.C. § 502 ) and the 1906 Act ( 33 U.”
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