§ 59c-2. — East River, New York.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC59c-2]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
Sec. 59c-2. East River, New York
If the Secretary of the Army, acting through the Chief of Engineers,
finds that the proposed project to be erected at the location to be
declared non-navigable under this section is in the public interest, on
the basis of engineering studies to determine the location and
structural stability of the bulkheading and filling and permanent pile-
supported structures in order to preserve and maintain the remaining
navigable waterway and on the basis of environmental studies conducted
pursuant to the National Environmental Policy Act of 1969 [42 U.S.C.
4321 et seq.], then those portions of the East River in New York County,
State of New York, bounded and described as follows are hereby declared
to be not navigable waters of the United States within the meaning of
the laws of the United States, and the consent of Congress is hereby
given to the filling in of all or any part thereof or the erection of
permanent pile-supported structures thereon: That portion of the East
River in New York County, State of New York, lying shoreward of a line
with the United States pierhead line as it exists on March 7, 1974,
bounded on the north by the south side of Rutgers Slip extended
easterly, and bounded on the south by the southeasterly border of
Battery Park at a point adjacent to the westerly end of South Street
extended south by southwest, is hereby declared to be non-navigable
waters of the United States. This declaration shall apply only to
portions of the above-described area which are bulkheaded and filled or
occupied by permanent pile-supported structures. Plans for bulkheading
and filling and permanent pile-supported structures shall be approved by
the Secretary of the Army, acting through the Chief of Engineers. Local
interests shall reimburse the Federal Government for engineering and all
other costs incurred under this section.
(Pub. L. 93-251, title I, Sec. 51, Mar. 7, 1974, 88 Stat. 26.)
References in Text
The National Environmental Policy Act of 1969, referred to in text,
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.