[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: 33CFR2.38]



[Page 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. 2.38  Waters subject to the jurisdiction of the United States; 

waters over which the United States has jurisdiction.



    Waters subject to the jurisdiction of the United States and waters 

over which the United States has jurisdiction mean the following 

waters--

    (a) Navigable waters of the United States, as defined in Sec. 

2.36(a).

    (b) Waters, other than those under paragraph (a) of this section, 

that are located on lands for which the United States has acquired title 

or controls and--

    (1) Has accepted jurisdiction according to 40 U.S.C. 255; or

    (2) Has retained concurrent or exclusive jurisdiction from the date 

that the State in which the lands are located entered the Union.

    (c) Waters made subject to the jurisdiction of the United States by 

operation of the international agreements and statutes relating to the 

former Trust Territory of the Pacific Islands, and waters within the 

territories and possessions of the United States.