33 U.S.C. § 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—PierNorth 25 .

[Omitted]

(3)

Marine Trade Center—PierNorth 24 .

[Omitted]

(4)

National Sugar Company “Sugar House” .

[Omitted]

(5)

Rivercenter .

[Omitted]

(b)

Limits on applicability; regulatory requirements

section 1344 of this title 42 U.S.C. 4321The declaration under subsection (a) 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, , and the National Environmental Policy Act of 1969 [ et seq.].

(c)

Expiration date

November 17, 1988If, 20 years from , any area or part thereof described in subsection (a) 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) 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. Notwithstanding the preceding sentence, the declaration of nonnavigability for the area described in subsection (a)(5), or any part thereof, shall not expire.

Pub. L. 100–676, § 38Nov. 17, 1988102 Stat. 4032 Pub. L. 110–114, title III, § 3181(g)Nov. 8, 2007121 Stat. 1162 Pub. L. 114–322, title I, § 1310Dec. 16, 2016130 Stat. 1694(, , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 91–190Jan. 1, 197083 Stat. 852 section 4321 of Title 42The National Environmental Policy Act of 1969, referred to in subsec. (b), is , , , which is classified generally to chapter 55 (§ 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 and Tables.

Codification

102 Stat. 4032The text of the boundary descriptions contained in pars. (1) to (5) of subsec. (a), which is not set out in the Code, appears at to 4038.

Amendments

Pub. L. 114–322November 17, 19882016—Subsec. (c). struck out “(except 30 years from , in the case of the area or any part thereof described in subsection (a)(5))” after “in subsection (a)” and inserted at end “Notwithstanding the preceding sentence, the declaration of nonnavigability for the area described in subsection (a)(5), or any part thereof, shall not expire.”

Pub. L. 110–114November 17, 19882007—Subsec. (c). substituted “subsection (a) (except 30 years from , in the case of the area or any part thereof described in subsection (a)(5))” for “subsection (a) of this section”.

Statutory Notes and Related Subsidiaries

“Secretary” Defined

section 2 of Pub. L. 100–676 section 2201 of this titleSecretary means the Secretary of the Army, see , set out as a note under .