§ 59j-1. — Declaration of nonnavigability for portions of the Delaware River.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC59j-1]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
Sec. 59j-1. Declaration of nonnavigability for portions of the
Delaware River
(a) Area to be declared non-navigable; 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 in Philadelphia,
Pennsylvania, to be undertaken within the boundaries described below,
are not in the public interest then, subject to subsections (b) and (c)
of this section, those portions of the Delaware River, bounded and
described as follows, are declared to be non-navigable waters of the
United States:
(1) Liberty Landing. [Omitted]
(2) Marina Towers and World Trade Center--Pier 25 North. [Omitted]
(3) Marine Trade Center--Pier 24 North. [Omitted]
(4) National Sugar Company ``Sugar House''. [Omitted]
(5) Rivercenter. [Omitted]
(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 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 necessarily 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 17, 1988, 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 subsection (b) of this
section, or if work in connection with any activity permitted in
subsection (b) of this section is not commenced within 5 years after
issuance of such permits, then the declaration of non-navigability for
such area or part thereof shall expire.
(Pub. L. 100-676, Sec. 38, Nov. 17, 1988, 102 Stat. 4032.)
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.
Codification
The text of the boundary descriptions contained in pars. (1) to (5)
of subsec. (a), which is not set out in the Code, appears at 102 Stat.
4032 to 4038.
``Secretary'' Defined
Secretary means the Secretary of the Army, see section 2 of Pub. L.
100-676, set out as a note under section 2201 of this title.
