[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC454]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 9--PROTECTION OF NAVIGABLE WATERS AND OF HARBOR AND RIVER
IMPROVEMENTS GENERALLY
SUBCHAPTER III--NEW YORK HARBOR, HARBOR OF HAMPTON ROADS, AND HARBOR OF
BALTIMORE
Sec. 454. Consent of Congress to obstruction of waters by New
York City
The consent of Congress is given to the city of New York, in the
State of New York, to obstruct navigation of any river or other waterway
which does not form a connecting link between other navigable waters of
the United States, and lying wholly within the limits of said city, by
closing all or any portion of the same or by building structures in or
over the same when the said city shall be lawfully authorized to do so
by the State of New York: Provided, however, That any such obstruction
shall be unlawful unless the location and plans for the proposed work or
works before the commencement thereof shall have been filed with and
approved by the Secretary of the Army and Chief of Engineers; and when
the plans for any such obstruction have been approved by the Chief of
Engineers and by the Secretary of the Army it shall not be lawful to
deviate from such plans either before or after the completion of such
obstruction, unless the modification of such plans has previously been
submitted to and received the approval of the Chief of Engineers and the
Secretary of the Army: And provided further, That the city of New York
shall be liable for any damage that may be inflicted upon private
property by reason of any of the provisions of this section.
The right to alter, amend, or repeal this section is expressly
reserved, and the United States shall incur no liability for the
alteration, amendment, or repeal thereof to the city of New York, or to
the owner or owners, or any other persons interested in any obstruction
which shall have been constructed under its provisions.
(June 25, 1910, ch. 436, Secs. 1, 2, 36 Stat. 866, 867; July 26, 1947,
ch. 343, title II, Sec. 205(a), 61 Stat. 501.)
Codification
Section was not enacted
