§ 59bb. — Declaration of nonnavigability for portions of Lake Erie.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC59bb]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
Sec. 59bb. Declaration of nonnavigability for portions of Lake
Erie
(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 of Lake Erie described in Committee Print 101-48 of the
Committee on Public Works and Transportation of the House of
Representatives, dated July 1990, are not in the public interest then,
subject to subsections (b) and (c) of this section, those portions of
Lake Erie, bounded and described in such Committee print, are declared
to be nonnavigable waters of the United States.
(b) Limits on applicability; regulatory requirements
The declaration under subsection (a) of this section shall apply
only to those parts of the areas described in the Committee print
referred to in subsection (a) of this section which are or will be
bulkheaded and filled or otherwise occupied by permanent structures,
including marina facilities. All such work is subject to all applicable
Federal statutes and regulations including, but not limited to, 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.].
(c) Expiration date
If, 20 years from November 28, 1990, any area or part thereof
described in the Committee print referred to in subsection (a) of this
section is not bulkheaded or filled or occupied by permanent structures,
including marina facilities, in accordance with the requirements set out
in subsection (b) of this section, or if work in connection with any
activity permitting \1\ in subsection (b) 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.
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\1\ So in original. Probably should be ``permitted''.
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(Pub. L. 101-640, title IV, Sec. 408, Nov. 28, 1990, 104 Stat. 4647.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (b), 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.
Change of Name
Committee on Public Works and Transportation of House of
Representatives treated as referring to Committee on Transportation and
Infrastructure of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The Congress.
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L.
101-640, set out as a note under section 2201 of this title.
