
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 33USC454]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER 
                         IMPROVEMENTS GENERALLY
 
SUBCHAPTER III--NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF 
                                BALTIMORE
 
Sec. 454. Consent of Congress to obstruction of waters by New 
        York City
        
    The consent of Congress is given to the city of New York, in the 
State of New York, to obstruct navigation of any river or other waterway 
which does not form a connecting link between other navigable waters of 
the United States, and lying wholly within the limits of said city, by 
closing all or any portion of the same or by building structures in or 
over the same when the said city shall be lawfully authorized to do so 
by the State of New York: Provided, however, That any such obstruction 
shall be unlawful unless the location and plans for the proposed work or 
works before the commencement thereof shall have been filed with and 
approved by the Secretary of the Army and Chief of Engineers; and when 
the plans for any such obstruction have been approved by the Chief of 
Engineers and by the Secretary of the Army it shall not be lawful to 
deviate from such plans either before or after the completion of such 
obstruction, unless the modification of such plans has previously been 
submitted to and received the approval of the Chief of Engineers and the 
Secretary of the Army: And provided further, That the city of New York 
shall be liable for any damage that may be inflicted upon private 
property by reason of any of the provisions of this section.
    The right to alter, amend, or repeal this section is expressly 
reserved, and the United States shall incur no liability for the 
alteration, amendment, or repeal thereof to the city of New York, or to 
the owner or owners, or any other persons interested in any obstruction 
which shall have been constructed under its provisions.

(June 25, 1910, ch. 436, Secs. 1, 2, 36 Stat. 866, 867; July 26, 1947, 
ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

                          Codification

    Section was not enacted as part of act June 29, 1888, ch. 496, 25 
Stat. 209, which comprises this subchapter.

                         Change of Name

    Department of War designated Department of the Army and title of 
Secretary of War changed to Secretary of the Army by section 205(a) of 
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of 
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10, 
Armed Forces'' which in sections 3010 to 3013 continued Department of 
the Army under administrative supervision of Secretary of the Army.

                          Transfer of Functions

    Functions, powers, and duties of Secretary of the Army and other 
offices and officers of Department of the Army under section 401 of this 
title to extent that they relate generally to location and clearances of 
bridges and causeways in navigable waters of United States transferred 
to and vested in Secretary of Transportation by Pub. L. 89-670, 
Sec. 6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941. Pub. L. 97-449 amended 
section 401 of this title to reflect transfer made by section 6(g)(6)(A) 
of Pub. L. 89-670, and repealed section 6(g)(6)(A).
