33 USC 1416 - Relationship to other laws

U.S Code last checked for updates: Mar 09, 2025

§ 1416.

Relationship to other laws

(a)

Voiding of preexisting licenses

(b)

(c)

Impairment of navigation

(d)

State programs

(1)

State rights preserved

(2)

Federal projects

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—

(A)

is not supported by relevant scientific evidence showing the requirement to be protective of human health, aquatic resources, or the environment;

(B)

is arbitrary or capricious; or

(C)

is not applicable or is not being applied to all projects without regard to Federal, State, or private participation and the Secretary of the Army concurs in such finding.

(3)

Exemption from State requirements

(4)

Consideration of site of origin prohibited

(e)

Existing conservation programs not affected

(f)

Dumping of dredged material in Long Island Sound from any Federal, etc., project

(g)

Savings clause

(Pub. L. 92–532, title I, § 106, Oct. 23, 1972, 86 Stat. 1058; Pub. L. 96–572, § 4, Dec. 22, 1980, 94 Stat. 3345; Pub. L. 99–499, title I, § 127(d), Oct. 17, 1986, 100 Stat. 1693; Pub. L. 101–596, title II, § 203, Nov. 16, 1990, 104 Stat. 3006; Pub. L. 102–580, title V, § 505, Oct. 31, 1992, 106 Stat. 4867.)

cite as: 33 USC 1416