1625-0011 Statutory Authority

TITLE 14—COAST GUARD

§ 81

CHAPTER 5—FUNCTIONS AND POWERS
Sec.

81.
82.
83.
84.
85.
86.
[87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.

Aids to navigation authorized.
Cooperation with Administrator of the Federal Aviation Administration.
Unauthorized aids to maritime navigation;
penalty.
Interference with aids to navigation; penalty.
Aids to maritime navigation; penalty.
Marking of obstructions.
Repealed.]
Saving life and property.
Law enforcement.
Ocean stations.
Safety of naval vessels.
Secretary; general powers.
Commandant; general powers.
Oceanographic research.
Special agents of the Coast Guard Investigative Service law enforcement authority.
Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign
shipyards.
Procurement of buoy chain.
National Coast Guard Museum.
Enforcement authority.
Enforcement of coastwise trade laws.
Appeals and waivers.
AMENDMENTS

2010—Pub. L. 111–330, § 1(6)(B), Dec. 22, 2010, 124 Stat.
3569, which directed amendment of ‘‘section 524(a)’’ of
Pub. L. 111–281 by substituting ‘‘101. Appeals and waivers.’’ for ‘‘102. Appeals and waivers.’’ in subsec. (b), was
executed by making the substitution in section 524(b)
of Pub. L. 111–281 to reflect the probable intent of Congress. See below.
Pub. L. 111–281, title V, § 524(b), Oct. 15, 2010, 124 Stat.
2959, as amended by Pub. L. 111–330, § 1(6)(B), Dec. 22,
2010, 124 Stat. 3569, added item 102.
Pub. L. 111–281, title II, § 216(b), Oct. 15, 2010, 124 Stat.
2917, added item 100.
Pub. L. 111–281, title II, § 208(c), Oct. 15, 2010, 124 Stat.
2912, as amended by Pub. L. 111–330, § 1(1), Dec. 22, 2010,
124 Stat. 3569, added item 99.
2004—Pub. L. 108–293, title II, § 213(b), Aug. 9, 2004, 118
Stat. 1037, added item 98.
1998—Pub. L. 105–383, title II, § 205(b), Nov. 13, 1998, 112
Stat. 3416, added item 95 and struck out former item 95
‘‘Civilian agents authorized to carry firearms’’.
1996—Pub. L. 104–324, title III, § 311(b), title XI,
§ 1128(b), Oct. 19, 1996, 110 Stat. 3920, 3984, added items 96
and 97.
1988—Pub. L. 100–448, § 10(b), Sept. 28, 1988, 102 Stat.
1842, added item 95.
1976—Pub. L. 94–546, § 1(5), (7), Oct. 18, 1976, 90 Stat.
2519, substituted ‘‘Federal Aviation Administration’’
for ‘‘Federal Aviation Agency’’ in item 82, and struck
out item 87.
1974—Pub. L. 93–283, § 1(4), May 14, 1974, 88 Stat. 140,
struck out ‘‘on fixed structures’’ after ‘‘maritime navigation’’ in item 85.
1961—Pub. L. 87–396, § 2, Oct. 5, 1961, 75 Stat. 827, added
item 94.
1958—Pub. L. 85–726, title XIV, § 1404, Aug. 23, 1958, 72
Stat. 808, substituted ‘‘Administrator of the Federal
Aviation Agency’’ for ‘‘Administrator of Civil Aeronautics’’ in item 82.
1956—Act June 4, 1956, ch. 351, § 3, 70 Stat. 227, substituted ‘‘Aids to maritime navigation on fixed structures’’ for ‘‘Failure to maintain lights’’ in item 85.

§ 81. Aids to navigation authorized
In order to aid navigation and to prevent disasters, collisions, and wrecks of vessels and aircraft, the Coast Guard may establish, maintain,
and operate:
(1) aids to maritime navigation required to
serve the needs of the armed forces or of the
commerce of the United States;

Page 16

(2) aids to air navigation required to serve
the needs of the armed forces of the United
States peculiar to warfare and primarily of
military concern as determined by the Secretary of Defense or the Secretary of any department within the Department of Defense
and as required by any of those officials; and
(3) electronic aids to navigation systems (a)
required to serve the needs of the armed forces
of the United States peculiar to warfare and
primarily of military concern as determined
by the Secretary of Defense or any department
within the Department of Defense; or (b) required to serve the needs of the maritime commerce of the United States; or (c) required to
serve the needs of the air commerce of the
United States as requested by the Administrator of the Federal Aviation Administration.
These aids to navigation other than electronic
aids to navigation systems shall be established
and operated only within the United States, the
waters above the Continental Shelf, the territories and possessions of the United States, the
Trust Territory of the Pacific Islands, and beyond the territorial jurisdiction of the United
States at places where naval or military bases of
the United States are or may be located. The
Coast Guard may establish, maintain, and operate aids to maritime navigation under paragraph (1) of this section by contract with any
person, public body, or instrumentality.
(Aug. 4, 1949, ch. 393, 63 Stat. 500; June 22, 1951,
ch. 150, 65 Stat. 89; Sept. 3, 1954, ch. 1263, § 30, 68
Stat. 1237; Pub. L. 85–726, title XIV, § 1404, Aug.
23, 1958, 72 Stat. 808; Pub. L. 89–662, § 1, Oct. 14,
1966, 80 Stat. 912; Pub. L. 94–546, § 1(3), Oct. 18,
1976, 90 Stat. 2519; Pub. L. 97–322, title I, § 105(a),
Oct. 15, 1982, 96 Stat. 1582.)
HISTORICAL AND REVISION NOTES
Based on title 14, U.S.C., 1946 ed.; §§ 50m, 50o, and on
title 33, U.S.C., 1946 ed., §§ 720, 720a, 739, 740, 740a, 740b,
769 (R.S. 4668; June 23, 1874, ch. 455, § 1, 18 Stat. 220; June
17, 1910, ch. 301, § 7, 36 Stat. 538; Mar. 3, 1915, ch. 81, § 5,
38 Stat. 927; Aug. 28, 1916, ch. 414, § 3, 39 Stat. 538; May
22, 1926, ch. 371, § 6, 44 Stat. 626; Feb. 25, 1925, ch. 313, § 3,
45 Stat. 1262; Aug. 16, 1937, ch. 665, § 3, 50 Stat. 667; June
26, 1948, ch. 672, §§ 1, 3, 62 Stat. 1050).
Changes were made in phraseology. 81st Congress,
House Report No. 557.
AMENDMENTS
1982—Pub. L. 97–322 authorized the Coast Guard to
contractually establish, maintain, and operate aids to
maritime navigation.
1976—Pub. L. 94–546 substituted ‘‘Federal Aviation
Administration’’ for ‘‘Federal Aviation Agency’’ in cl.
(3)(c).
1966—Pub. L. 89–662 expanded authorization for establishment, maintenance, and operation of aids to air
navigation and electronic aids to navigation systems
required to serve the needs of the armed forces to include needs peculiar to warfare and primarily of military concern as determined by the Secretary of Defense
or the Secretary of any department within the Department of Defense, substituted ‘‘electronic aids to navigation systems’’ for ‘‘Loran stations’’, and altered the
list of locations where aids to navigation other than
electronic aids to navigation could be located by adding the waters above the Continental Shelf and by
striking out places where such aids to navigation had
been established prior to June 26, 1948.
1958—Pub. L. 85–726 substituted ‘‘Administrator of the
Federal Aviation Agency’’ for ‘‘Administrator of Civil
Aeronautics’’.

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TITLE 14—COAST GUARD

1954—Act Sept. 3, 1954, substituted ‘‘Department of
Defense’’ for ‘‘National Military Establishment’’.
1951—Act June 22, 1951, extended Coast Guard’s authority to include the Trust Territory of the Pacific Islands.
EFFECTIVE DATE OF 1958 AMENDMENT
Section 1505(2) of Pub. L. 85–726, title XV, Aug. 23,
1958, 72 Stat. 810, provided that the amendment made
by Pub. L. 85–726 is effective on 60th day following date
on which Administrator of Federal Aviation Agency
[Federal Aviation Administration] first appointed
under Pub. L. 85–726 qualifies and takes office. Administrator appointed, qualified, and took office on Oct. 31,
1958.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.
AIDS TO NAVIGATION REPORT
Pub. L. 105–383, title II, § 208, Nov. 13, 1998, 112 Stat.
3416, provided that: ‘‘Not later than 18 months after the
date of the enactment of this Act [Nov. 13, 1998], the
Commandant of the Coast Guard shall submit to Congress a report on the use of the Coast Guard’s aids to
navigation system. The report shall include an analysis
of the respective use of the aids to navigation system
by commercial interests, members of the general public
for personal recreation, Federal and State government
for public safety, defense, and other similar purposes.
To the extent practicable within the time allowed, the
report shall include information regarding degree of
use of the various portions of the system.’’
REPORT TO CONGRESS; CONTRACTUAL AUTHORITY; INCREASE IN RATIO OF CIVILIAN TO MILITARY EMPLOYEES

Pub. L. 97–322, title I, § 105(b), Oct. 15, 1982, 96 Stat.
1582, provided that: ‘‘Not later than one year after the
date of enactment of this title [Oct. 15, 1982], the Secretary of the department in which the Coast Guard is
operating shall submit a report to the Congress evaluating—
‘‘(1) the exercise by contract of the authority of the
Coast Guard under section 81 of title 14, United
States Code, to establish, maintain, and operate aids
to navigation, including a discussion of any problems
involved in exercising such authority by contract,
the reasons for exercising or failing to exercise such
authority by contract in particular areas, and the
feasibility of expanding the exercise of such authority by contract; and
‘‘(2) the advantages and disadvantages of increasing
the ratio of civilian to military employees assigned
to the establishment, maintenance, and operation of
aids to navigation on the inland waterways of the
United States.’’
CONTRACTUAL AUTHORITY DEPENDENT UPON
AVAILABILITY OF APPROPRIATED FUNDS
Pub. L. 97–322, title I, § 105(c), Oct. 15, 1982, 96 Stat.
1582, provided that: ‘‘Any authority to enter into contracts provided in this section [amending this section
and enacting provision set out as Report to Congress
note under this section] shall be available only to the
extent that appropriated funds are available for that
purpose.’’
EX. ORD. NO. 7521. USE OF VESSELS FOR ICE-BREAKING
OPERATIONS IN CHANNELS AND HARBORS
Ex. Ord. No. 7521, Dec. 21, 1936, 1 F.R. 2527, provided:
1. The Coast Guard, operating under the direction of
the Secretary of the Treasury, is hereby directed to assist in keeping open to navigation by means of icebreaking operations, in so far as practicable and as the

§ 82

exigencies may require, channels and harbors in accordance with the reasonable demands of commerce;
and to use for that purpose such vessels subject to its
control and jurisdiction or which may be made available to it under paragraph 2 hereof as are necessary and
are reasonably suitable for such operations.
2. The Secretary of War [Army], the Secretary of the
Navy, and the Secretary of Commerce are hereby directed to cooperate with the Coast Guard in such icebreaking operations, and to furnish the Coast Guard,
upon the request of the Commandant thereof, for this
service such vessels under their jurisdiction and control as in the opinion of the Commandant, with the
concurrence of the head of the Department concerned,
are available and are, or may readily be made, suitable
for this service.

§ 82. Cooperation with Administrator of the Federal Aviation Administration
The Coast Guard, in establishing, maintaining, or operating any aids to air navigation
herein provided, shall solicit the cooperation of
the Administrator of the Federal Aviation Administration to the end that the personnel and
facilities of the Federal Aviation Administration will be utilized to the fullest possible advantage. Before locating and operating any such
aid on military or naval bases or regions, the
consent of the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air
Force, as the case may be, shall first be obtained. No such aid shall be located within the
territorial jurisdiction of any foreign country
without the consent of the government thereof.
Nothing in this title shall be deemed to limit
the authority granted by subchapter II of chapter 22 of title 10 or part A of subtitle VII of title
49.
(Aug. 4, 1949, ch. 393, 63 Stat. 500; Sept. 3, 1954,
ch. 1263, § 31, 68 Stat. 1237; Pub. L. 85–726, title
XIV, § 1404, Aug. 23, 1958, 72 Stat. 808; Pub. L.
89–662, § 2, Oct. 14, 1966, 80 Stat. 912; Pub. L.
94–546, § 1(4), (5), Oct. 18, 1976, 90 Stat. 2519; Pub.
L. 97–295, § 2(3), Oct. 12, 1982, 96 Stat. 1301; Pub.
L. 99–640, § 10(a)(3), Nov. 10, 1986, 100 Stat. 3549;
Pub. L. 103–272, § 5(d), July 5, 1994, 108 Stat. 1373;
Pub. L. 104–201, div. A, title XI, § 1122(c), Sept. 23,
1996, 110 Stat. 2687.)
HISTORICAL AND REVISION NOTES
1949 ACT
Based on title 14, U.S.C., 1946 ed., § 50n (June 26, 1948,
ch. 672, § 2, 62 Stat. 1050). 81st Congress, House Report
No. 557.
1982 ACT
The citation ‘‘(49 U.S.C. 1301 et seq.)’’ is substituted
for ‘‘(ch. 20 of title 49)’’ for consistency in title 14. The
words ‘‘chapter 167 of title 10’’ are substituted for ‘‘sections 7392 and 7394 of title 10’’ to reflect the replacement of those sections by chapter 167 of title 10 under
section 1(50) of the bill.
AMENDMENTS
1996—Pub. L. 104–201 substituted ‘‘subchapter II of
chapter 22’’ for ‘‘chapter 167’’.
1994—Pub. L. 103–272 amended last sentence generally,
substituting ‘‘chapter 167 of title 10 or part A of subtitle VII of title 49’’ for ‘‘the Federal Aviation Act of
1958 (49 App. U.S.C. 1301 et seq.), or by the provisions of
chapter 167 of title 10’’.
1986—Pub. L. 99–640 substituted ‘‘(49 App. U.S.C. 1301
et seq.)’’ for ‘‘, as amended (49 U.S.C. 1301 et seq.)’’.
1982—Pub. L. 97–295 substituted ‘‘(49 U.S.C. 1301 et
seq.)’’ for ‘‘(ch. 20 of title 49)’’ and ‘‘chapter 167 of title
10’’ for ‘‘sections 7392 and 7394 of title 10’’.