§ 59j. — Delaware River, Philadelphia County, Pennsylvania; permanent structures.
[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]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
Sec. 59j. Delaware River, Philadelphia County, Pennsylvania;
permanent structures
That portion of the Delaware River in Philadelphia County,
Commonwealth of Pennsylvania, lying between all that certain lot or
piece of ground situate in the second and fifth wards of the city of
Philadelphia described as follows:
Beginning at a point on the easterly side of Delaware Avenue
(variable width) said side being the bulkhead line of the Delaware River
(approved by the Secretary of War on September 10, 1940), at the
distance of 1,833.652 feet from an angle point on the easterly side of
said Delaware Avenue south of Washington Avenue;
thence extending along the easterly side of said Delaware Avenue
the following courses and distances, (1) north 0 degree 45 minutes
33.2 seconds west 2,524.698 feet to a point; (2) north 9 degrees 36
minutes 25 seconds east, 2,168.160 feet to a point; (3) north 13
degrees 26 minutes 45.8 seconds east, 2,039.270 feet to a point; (4)
north 20 degrees 12 minutes 52.4 seconds east, 35.180 feet to an
angle point in Delaware Avenue; thence continuing north 20 degrees
12 minutes 52.4 seconds east along the said bulkhead line, the
distance of 574.970 feet to a point on the south house line of
Callowhill Street produced;
thence extending along the south house line of Callowhill Street
produced south 80 degrees 47 minutes 30.6 seconds east, the distance
of 523.908 feet to a point on the pierhead line of the Delaware
River (approved by the Secretary of War on September 10, 1940);
thence extending along the said pierhead line the following
courses and distances, (1) south 17 degrees 52 minutes 48.5 seconds
west, 605.262 feet to a point; (2) south 14 degrees 14 minutes 14.7
seconds west, 1,372.530 feet to a point; (3) south 10 degrees 37
minutes 35.3 seconds west, 1,252.160 feet to a point; (4) south 8
degrees 23 minutes 50.4 seconds west, 1,450.250 feet to a point; (5)
south 2 degrees 22 minutes 45.9 seconds west, 1,221.670 feet to a
point; (6) south 1 degree 4 minutes 36 seconds east, 1,468.775 feet
to a point on the north house line of Catherine Street extended,
thence extending north 76 degrees 56 minutes 29.2 seconds west, the
distance of 555.911 feet to the first mentioned point and place of
beginning is hereby declared not to be a navigable water of the
United States within the meaning of the Constitution and laws of the
United States, and the Consent of Congress is hereby given, for the
filling or erection of permanent structures in all or any part of
the described area.
(Pub. L. 92-605, Sec. 1, Oct. 31, 1972, 86 Stat. 1493.)
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative supervision of Secretary of the Army.
Permanent Structures in Above-Described Area; Approval of Plans
Section 2 of Pub. L. 92-605 provided that: ``This declaration [this
section] shall apply only to portions of the above-described area which
are filled or occupied by permanent structures. No such filling or
erection of structures in the above-described area shall be commenced
until the plans therefor have been approved by the Secretary of the Army
who shall, prior to granting such approval, give consideration to all
factors affecting the general public interest and the impact of the
proposed work on the environment.''
