33 CFR 329.14 - Determination of navigability.

§ 329.14 Determination of navigability.

(a)Effect on determinations. Although conclusive determinations of navigability can be made only by federal Courts, those made by federal agencies are nevertheless accorded substantial weight by the courts. It is therefore necessary that when jurisdictional questions arise, district personnel carefully investigate those waters which may be subject to Federal regulatory jurisdiction under guidelines set out above, as the resulting determination may have substantial impact upon a judicial body. Official determinations by an agency made in the past can be revised or reversed as necessary to reflect changed rules or interpretations of the law.

(b)Procedures of determination. A determination whether a waterbody is a navigable water of the United States will be made by the division engineer, and will be based on a report of findings prepared at the district level in accordance with the criteria set out in this regulation. Each report of findings will be prepared by the district engineer, accompanied by an opinion of the district counsel, and forwarded to the division engineer for final determination. Each report of findings will be based substantially on applicable portions of the format in paragraph (c) of this section.

(c)Suggested format of report of findings:

(1) Name of waterbody:

(2) Tributary to:

(3) Physical characteristics:

(i) Type: (river, bay, slough, estuary, etc.)

(ii) Length:

(iii) Approximate discharge volumes: Maximum, Minimum, Mean:

(iv) Fall per mile:

(v) Extent of tidal influence:

(vi) Range between ordinary high and ordinary low water:

(vii) Description of improvements to navigation not listed in paragraph (c)(5) of this section:

(4) Nature and location of significant obstructions to navigation in portions of the waterbody used or potentially capable of use in interstate commerce:

(5) Authorized projects:

(i) Nature, condition and location of any improvements made under projects authorized by Congress:

(ii) Description of projects authorized but not constructed:

(iii) List of known survey documents or reports describing the waterbody:

(6) Past or present interstate commerce:

(i) General types, extent, and period in time:

(ii) Documentation if necessary:

(7) Potential use for interstate commerce, if applicable:

(i) If in natural condition:

(ii) If improved:

(8) Nature of jurisdiction known to have been exercised by Federal agencies if any:

(9) State or Federal court decisions relating to navigability of the waterbody, if any:

(10) Remarks:

(11) Finding of navigability (with date) and recommendation for determination:

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

§ 401 - Construction of bridges, causeways, dams or dikes generally; exemptions

§ 402 - Construction of bridges, etc., over Illinois and Mississippi Canal

§ 403 - Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in

§ 403a - Creation or continuance of obstruction of navigable waters

§ 403b - Lighting at docks and boat launching facilities

§ 404 - Establishment of harbor lines; conditions to grants for extension of piers, etc.

§ 405 - Establishment and modification of harbor lines on Potomac and Anacostia Rivers

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

§ 407 - Deposit of refuse in navigable waters generally

§ 407a - Deposit of debris of mines and stamp works

§ 408 - Taking possession of, use of, or injury to harbor or river improvements

§ 409 - Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels

§ 410 - Exception as to floating loose timber, sack rafts, etc.; violation of regulations; penalty

§ 411 - Penalty for wrongful deposit of refuse; use of or injury to harbor improvements, and obstruction of navigable waters generally

§ 412 - Liability of masters, pilots, etc., and of vessels engaged in violations

§ 413 - Duty of United States attorneys and other Federal officers in enforcement of provisions; arrest of offenders

§ 414 - Removal by Secretary of the Army of sunken water craft generally; liability of owner, lessee, or operator

§ 415 - Summary removal of water craft obstructing navigation; liability of owner, lessee, or operator

§ 416 - Appropriations for removal of sunken water craft

§ 417 - Expenses of investigations by Department of the Army

§ 418 - Provisions for protection of New York Harbor unaffected

§ 419 - Regulation by Secretary governing transportation and dumping of dredgings, refuse, etc., into navigable waters; oyster lands; appropriations

§ 419a - Management practices to extend capacity and useful life of dredged material disposal areas

§ 420 - Piers and cribs on Mississippi and St. Croix Rivers

§ 421 - Deposit of refuse, etc., in Lake Michigan near Chicago

§ 422 - Modification and extension of harbor lines at Chicago

§ 423 - Establishment of pierhead and bulkhead lines in Wilmington Harbor, California

§ 424 - Establishment of pierhead or bulkhead lines in Newport Harbor, California

§ 424a - Modification of harbor lines in Newport Harbor, California

§ 425 - Omitted

§ 426 - Investigations concerning erosion of shores of coastal and lake waters

§ 426-1

§ 426-2

§ 426-3

§ 426a - Additional investigations concerning erosion of shores of coastal and lake waters; payment of costs; “shores” defined

§ 426b - Applicability of existing laws; projects referred to Board of Engineers for Rivers and Harbors

§ 426c - Report by Coastal Engineering Research Center

§ 426d - Payment of expenses

§ 426e - Federal aid in protection of shores

§ 426e-1

§ 426f - Reimbursements

§ 426g - Storm and hurricane restoration and impact minimization program

§ 426g-1

§ 426h - Repealed. Pub. L. 110–114, title II, § 2038(b), Nov. 8, 2007, 121 Stat. 1100

§ 426h-1

§ 426i - Shore damage prevention or mitigation

33 U.S. Code § 426i–1 - Repealed. Pub. L. 113–121, title I, § 1014(c)(2), June 10, 2014, 128 Stat. 1222

§ 426i-2

§ 426j - Repealed. Pub. L. 110–114, title II, § 2037(b)(1), Nov. 8, 2007, 121 Stat. 1096

§ 426k - Five year demonstration program to temporarily increase diversion of water from Lake Michigan at Chicago, Illinois

§ 426l - Protection of Lake Ontario

§ 426m - Collection and removal of drift and debris from publicly maintained commercial boat harbors and adjacent land and water areas

§ 426n - Technical assistance to States and local governments; cost sharing

§ 426o - Great Lakes material disposal

§ 426o-1

§ 426o-2

§ 426p - Corps of Engineers

§ 427 to 430 - Repealed. July 31, 1945, ch. 334, § 5, 59 Stat. 508

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