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Section 10 Of The Rivers And Harbors Appropriation Act Of 1899 - Us: What You Should Know
It directs that the Superintendent “shall in such cases appoint proper persons, having legal jurisdiction, to be inspectors to investigate and inquire into all causes relating to this matter, and to report to the Governor and the respective Legislature”
Rivers and Harbors Act of 1899, Article X
The Secretary, the superintendent, or an inspector appointed by him shall have sole authority to regulate the discharge of refuse matter into the navigable waters of the United States, or in tributaries thereto, or into any other waters upon such permit as may from time to time be required by the Secretary or the superintendent, if such permit shall be required by the President, Governor, Congress, or any State.
The Superintendent shall have authority to prescribe rules regulating the location, placement, removal, and disposal of refuse matter; and shall determine the duration, mode and frequency of the discharge thereof into the navigable waters without a permit.
This act is a “direct legislative” law of the United States, not a “delegated” statute.
We must remember this when we debate the law.
Section 10 requires the Director of the U.S. Army Corps of Engineers
to appoint an inspector of the water of the United States for the purpose of investigation and inquiry into all causes relating to this matter, to report to the President and the Governor of the United States on the same, and to submit such reports as the Secretary or the Superintendent may deem necessary for the administration of this act. [emphasis added]
See the problem, right there?
You can't mandate pollution, or waste; that's against the law. No matter how much it sounds like, this law, without that requirement, is an unconstitutionally unconstitutional “direct legislative” act.
The only way this act can be “constitutional”, or even “constitutional” for that matter, is if we pretend Section 10 doesn't exist, or doesn't exist at all.
But that isn't going to happen.
On October 1st, 2024 the U.S. Senate ratified a 21.6 trillion budget.
That's the biggest budget deal since the Great Depression.
The budget includes an amendment to the National Defense Authorization Act (NCAA), or national defense budget.
Section 10 of the NCAA says :
Section 10. <
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