§ 59n. — Hudson River, Hudson County, New Jersey.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC59n]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
Sec. 59n. Hudson River, Hudson County, New Jersey
(a) 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 nonnavigable under this section is in the public
interest, on the basis of engineering studies to determine the location
and structural stability of any bulkheading and filling and permanent
pile-supported structure, 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 that portion of the Hudson River in Hudson
County, State of New Jersey, bounded and described as follows is hereby
declared to be nonnavigable water 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 and the
erection of permanent pile-supported structures thereon:
Such portion is in the township of North Bergen in the county of
Hudson and State of New Jersey, and is more particularly described
as follows: At a point in the easterly right-of-way of New Jersey
Shore Line Railroad (formerly New Jersey Junction Railroad) said
point being located northerly, measured along said easterly right-
of-way, 81.93 feet from Station 54+42.4 as shown on construction
drawing dated May 23, 1931, of River Road, filed in the Office of
the Hudson County Engineer, Jersey City, New Jersey:
thence (1) northerly and along said easterly right-of-way on a
bearing of north 12 degrees 11 minutes 14 seconds east, a distance
of 280 feet to a point;
thence (2) south 75 degrees 28 minutes 24 seconds east, a
distance of 310 feet to a point;
thence (3) south 17 degrees 15 minutes 41 seconds east, a
distance of 101.70 feet to a point;
thence (4) south 62 degrees 18 minutes 12 seconds east a
distance of 355.64 feet to a point in the exterior solid fill line
of April 7, 1903, and the bulkhead line of April 28, 1904, on the
Hudson River;
thence (5) along said exterior solid fill and bulkhead lines
south 28 degrees 55 minutes 51 seconds west, a distance of 523 feet
to a point in the northerly line of lands now or formerly of New
York State Realty and Terminal Company;
thence (6) north 61 degrees 34 minutes 29 seconds west, and
along said northerly line of the New York State Realty and Terminal
Company, a distance of 590.08 feet to a point in the aforementioned
easterly right-of-way of the New Jersey Shore Line Railroad;
thence (7) northerly and along said easterly right-of-way of the
New Jersey Shore Line Railroad on a curve to the left a radius of
995.09 feet, an arc length of 170.96 feet to a point therein;
thence (8) northerly, still along the same, on a bearing of
north 12 degrees 11 minutes 14 seconds east, a distance of 81.93
feet to the point and place of beginning.
Said parcel containing 8 acres being the same more or less.
(b) The declaration in subsection (a) of this section shall apply
only to portions of the above-described area which are either 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. 94-587, Sec. 178, Oct. 22, 1976, 90 Stat. 2937.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (a), 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.
