§ 59y. — Declaration of nonnavigability for portions of Coney Island Creek and Gravesend Bay, 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: 33USC59y]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
Sec. 59y. Declaration of nonnavigability for portions of Coney
Island Creek and Gravesend Bay, New York
(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 to be undertaken within the
boundaries in the portions of Coney Island Creek and Gravesend Bay, New
York, described below, are not in the public interest then, subject to
subsections (b) and (c) of this section, those portions of such Creek
and Bay, bounded and described as follows, are declared to be non-
navigable waters of the United States:
Beginning at the corner formed by the intersection of the
Westerly Line of Cropsey Avenue, and the Northernmost United States
Pierhead Line of Coney Island Creek.
Running thence south 12 degrees 41 minutes 03 seconds E and
along the westerly line of Cropsey Avenue, 98.72 feet to the
northerly channel line as shown on Corps of Engineers Map Numbered
F. 150 and on Survey by Rogers and Giollorenzo Numbered 13959 dated
October 31, 1986.
Running thence in a westerly direction and along the said
northerly channel line the following bearings and distances:
South 48 degrees 59 minutes 27 seconds west, 118.77 feet; south
37 degrees 07 minutes 01 seconds west, 232.00 feet; south 23 degrees
17 minutes 10 seconds west, 430.03 feet; south 31 degrees 25 minutes
46 seconds west, 210.95 feet; south 79 degrees 22 minutes 49 seconds
west, 244.18 feet; north 55 degrees 00 minutes 29 seconds west,
183.10 feet; north 41 degrees 47 minutes 04 seconds west, 315.16
feet;
North 41 degrees 17 minutes 43 seconds west, 492.47 feet to the
said Pierhead Line; thence north 73 degrees 58 minutes 40 seconds
west and along said pierhead line, 2,665.25 feet to the intersection
of the United States bulkhead line;
Thence north 0 degree 19 minutes 35 seconds west and along the
United States Bulkhead line 1,138.50 feet to the intersection of the
westerly prolongation of the center line of 26th Avenue,
Thence north 58 degrees 25 minutes 06 seconds east and along the
center line of said 26th Avenue, 2,320.85 feet to the westerly line
of Cropsey Avenue, then southeasterly and along the southerly line
of Cropsey Avenue the following bearings and distances:
South 31 degrees 34 minutes 54 seconds east, 4,124.59 feet; and
South 12 degrees 41 minutes 03 seconds east, 710.74 feet to the
point or place of beginning.
Coordinates and bearings are in the system as established by the
United States Coast and Geodetic Survey for the Borough of Brooklyn. The
Secretary shall make the public interest determination separately for
each proposed project, using reasonable discretion, within 150 days
after submission of appropriate plans for each proposed project.
(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. 39, Nov. 17, 1988, 102 Stat. 4039.)
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.
``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.
