§ 59hh. — Declaration of nonnavigability for portion of Pelican Island, Texas.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 33USC59hh]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
Sec. 59hh. Declaration of nonnavigability for portion of Pelican
Island, Texas
(a) In general
The Secretary of the Army is authorized to convey to the City \1\ of
Galveston, Texas, fee simple absolute title to all or any part of a
parcel of land containing approximately 605 acres known as the San
Jacinto Disposal Area located on the east end of Galveston Island,
Texas, in the W.A.A. Wallace Survey, A-647 and A-648, City \1\ of
Galveston, Galveston County, Texas, being part of the old Fort San
Jacinto site, at the fair market value of such parcel to be determined
in accordance with the provisions of subsection (d) of this section.
Such conveyance shall only be made by the Secretary of the Army upon the
agreement of the Secretary and the City \1\ as to all compensation due
herein.
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\1\ So in original. Probably should not be capitalized.
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(b) Compensation for conveyance
(1) In general
Upon receipt of compensation from the city of Galveston, the
Secretary shall convey the parcel, or any part of the parcel, as
described in subsection (a) of this section.
(2) Full parcel
If the full 605-acre parcel is conveyed, the compensation shall
be--
(A) conveyance to the Department of the Army of fee simple
absolute title to a parcel of land containing approximately 564
acres on Pelican Island, Texas, in the Eneas Smith Survey, A-
190, Pelican Island, city of Galveston, Galveston County, Texas,
adjacent to property currently owned by the United States, with
the fair market value of the parcel being determined in
accordance with subsection (d) of this section; and
(B) payment to the United States of an amount equal to the
difference between the fair market value of the parcel to be
conveyed under subsection (a) of this section and the fair
market value of the parcel to be conveyed under subparagraph
(A).
(3) Partial parcel
If the conveyance is 125 acres or less, compensation shall be an
amount equal to the fair market value of the parcel to be conveyed,
with the fair market value of the parcel being determined in
accordance with subsection (d) of this section.
(c) Disposition of spoil
Costs of maintaining the Galveston Harbor and Channel will continue
to be governed by the Local Cooperation Agreement (LCA) between the
United States of America and the City \1\ of Galveston dated October 18,
1973, as amended. Upon conveyance of the parcel, or any part of the
parcel, described in subsection (a) of this section, the Department of
the Army shall be compensated directly for the present value of the
total costs to the Department for disposal of dredge material and site
preparation pursuant to the LCA, if any,,\2\ in excess of the present
value of the total costs that would have been incurred if this
conveyance had not been made.
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\2\ So in original.
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(d) Determination of fair market value
The fair market value of the land to be conveyed pursuant to
subsections (a) and (b) of this section shall be determined by
independent appraisers using the market value method.
(e) Navigational servitude
(1) Declaration of nonnavigability; 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 parcel described in subsection (a) of this section are
not in the public interest then, subject to paragraphs (2) and (3),
such parcel is declared to be nonnavigable waters of the United
States.
(2) Limits on applicability; regulatory requirements
The declaration under paragraph (1) shall apply only to those
parts of the parcel described 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.].
(3) Expiration date
If, 20 years after October 28, 1993, any area or part thereof
described 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 paragraph
(2), or if work in connection with any activity permitted in
paragraph (2) is not commenced within 5 years after issuance of such
permits, then the declaration of nonnavigability for such area or
part thereof shall expire.
(f) Survey and study
The 605-acre parcel and the 564-acre parcel shall be surveyed and
further legally described prior to conveyance. Not later than 60 days
following October 28, 1993, if he deems it necessary, the Secretary of
the Army shall complete a review of the applicability of section 1344 of
this title to the said parcels.
(Pub. L. 103-126, title I, Sec. 108, Oct. 28, 1993, 107 Stat. 1320; Pub.
L. 106-53, title V, Sec. 585, Aug. 17, 1999, 113 Stat. 377.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (e)(2), 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.
Amendments
1999--Subsec. (a). Pub. L. 106-53, Sec. 585(1), inserted ``all or
any part of'' after ``absolute title to'' in first sentence.
Subsec. (b). Pub. L. 106-53, Sec. 585(2), amended heading and text
of subsec. (b) generally. Prior to amendment, text read as follows:
``Upon receipt of compensation from the City of Galveston, the Secretary
shall convey the parcel as described in subsection (a) of this section.
Such compensation shall include--
``(1) conveyance to the Department of the Army of fee simple
absolute title to a parcel of land containing approximately 564
acres on Pelican Island, Texas, in the Eneas Smith Survey, A-190,
Pelican Island, City of Galveston, Galveston County, Texas, adjacent
to property currently owned by the United States. The fair market
value of such parcel will be determined in accordance with the
provision of subsection (d) of this section; and
``(2) payment to the United States of an amount equal to the
difference of the fair market value of the parcel to be conveyed
pursuant to subsection (a) of this section and the fair market value
of the parcel to be conveyed pursuant to paragraph (1) of this
subsection.''
Subsec. (c). Pub. L. 106-53, Sec. 585(3), in second sentence,
inserted ``, or any part of the parcel,'' after ``parcel'' and ``, if
any,'' after ``LCA''.
