2011 US Code
Title 33 - Navigation and Navigable Waters
Chapter 1 - NAVIGABLE WATERS GENERALLY (§§ 1 - 59kk)
Subchapter II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME (§§ 21 - 59kk)
Section 59j-1 - Declaration of nonnavigability for portions of the Delaware River

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]

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.].

If, 20 years from November 17, 1988, any area or part thereof described in subsection (a) (except 30 years from November 17, 1988, in the case of the area or any part thereof described in subsection (a)(5)) 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, §38, Nov. 17, 1988, 102 Stat. 4032; Pub. L. 110–114, title III, §3181(g), Nov. 8, 2007, 121 Stat. 1162.)

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 (§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.

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.

2007—Subsec. (c). Pub. L. 110–114 substituted “subsection (a) (except 30 years from November 17, 1988, in the case of the area or any part thereof described in subsection (a)(5))” for “subsection (a) of this section”.

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.