[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR2.36]



[Page 31-32]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 2_JURISDICTION--Table of Contents

 

                     Subpart B_Jurisdictional Terms

 

Sec. 2.36  Navigable waters of the United States, navigable waters, and 

territorial waters.



    (a) Except as provided in paragraph (b) of this section, navigable 

waters of the United States, navigable waters, and territorial waters 

mean, except where Congress has designated them not to be navigable 

waters of the United States:

    (1) Territorial seas of the United States;

    (2) Internal waters of the United States that are subject to tidal 

influence; and

    (3) Internal waters of the United States not subject to tidal 

influence that:

    (i) Are or have been used, or are or have been susceptible for use, 

by themselves or in connection with other waters, as highways for 

substantial interstate or foreign commerce, notwithstanding natural or 

man-made obstructions that require portage, or



[[Page 32]]



    (ii) A governmental or non-governmental body, having expertise in 

waterway improvement, determines to be capable of improvement at a 

reasonable cost (a favorable balance between cost and need) to provide, 

by themselves or in connection with other waters, as highways for 

substantial interstate or foreign commerce.

    (b) Navigable waters of the United States and navigable waters, as 

used in sections 311 and 312 of the Federal Water Pollution Control Act, 

as amended, 33 U.S.C. 1321 and 1322, mean:

    (1) Navigable waters of the United States as defined in paragraph 

(a) of this section and all waters within the United States tributary 

thereto; and

    (2) Other waters over which the Federal Government may exercise 

Constitutional authority.