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U.S. Code as of:
01/19/04
Section 408. Taking possession of, use of, or injury to harbor or river improvements
It shall not be lawful for any person or persons to take
possession of or make use of for any purpose, or build upon, alter,
deface, destroy, move, injure, obstruct by fastening vessels
thereto or otherwise, or in any manner whatever impair the
usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf,
pier, or other work built by the United States, or any piece of
plant, floating or otherwise, used in the construction of such work
under the control of the United States, in whole or in part, for
the preservation and improvement of any of its navigable waters or
to prevent floods, or as boundary marks, tide gauges, surveying
stations, buoys, or other established marks, nor remove for ballast
or other purposes any stone or other material composing such works:
Provided, That the Secretary of the Army may, on the recommendation
of the Chief of Engineers, grant permission for the temporary
occupation or use of any of the aforementioned public works when in
his judgment such occupation or use will not be injurious to the
public interest: Provided further, That the Secretary may, on the
recommendation of the Chief of Engineers, grant permission for the
alteration or permanent occupation or use of any of the
aforementioned public works when in the judgment of the Secretary
such occupation or use will not be injurious to the public interest
and will not impair the usefulness of such work.
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