§ 59bb-1. — Declaration of nonnavigability for Lake Erie, New York.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 33USC59bb-1]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
Sec. 59bb-1. Declaration of nonnavigability for Lake Erie, New
York
(a) Area to be declared nonnavigable; public interest
Unless the Secretary finds, after consultation with local and
regional public officials (including local and regional public planning
organizations), that the proposed projects to be undertaken within the
boundaries in the portion of Erie County, New York, described in
subsection (b) of this section, are not in the public interest then,
subject to subsection (c) of this section, those portions of such county
that were once part of Lake Erie and are now filled are declared to be
nonnavigable waters of the United States.
(b) Boundaries
The portion of Erie County, New York, referred to in subsection (a)
of this section is all that tract or parcel of land, situated in the
town of Hamburg and the city of Lackawanna, Erie County, New York, being
part of Lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25
of the Ogden Gore Tract and part of Lots 23, 24, and 36 of the Buffalo
Creek Reservation, Township 10, Range 8 of the Holland Land Company's
Survey and more particularly bounded and described as follows:
[Omitted.]
(c) Limits on applicability; regulatory requirements
The declaration under subsection (a) of this section shall apply to
those parts of the areas described in subsection (b) of this section
that are filled portions of Lake Erie. Any work on these filled portions
shall be subject to all applicable Federal statutes and regulations,
including sections 401 and 403 of this title, section 1344 of this
title, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(d) Expiration date
If, 20 years from December 11, 2000, any area or part thereof
described in subsection (a) of this section is not occupied by permanent
structures in accordance with the requirements set out in subsection (c)
of this section, or if work in connection with any activity permitted in
subsection (c) of this section is not commenced within 5 years after
issuance of such permits, then the declaration of nonnavigability for
such area or part thereof shall expire.
(Pub. L. 106-541, title III, Sec. 346, Dec. 11, 2000, 114 Stat. 2614.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (c), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
Codification
The provisions of subsec. (b) of this section, which contain the
text of the boundary descriptions, have been omitted. Such provisions
appear at 114 Stat. 2614 to 2618.
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L.
106-541, set out as a note under section 2201 of this title.
