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33 U.S.C. § 59c–3Queens County, New York

submitted 30 years ago by Pub. L. 104-303 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 297 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law declares part of Long Island City's Anable Basin and East River shoreline nonnavigable, but only the parts that are not underwater. It only applies once an area is actually built on, and other federal laws like the Clean Water Act still apply. The declaration expires after set deadlines.

(a) Description of nonnavigable area: The area covered is in Long Island City, Queens County. It must not be submerged, and, as of October 12, 1996, it must lie between the south high-water line of Anable Basin (the "11th Street Basin") and the north high-water line of Newtown Creek, extending from the East River's 1996 high-water line out to the river's original high-water line. That area is declared nonnavigable waters of the United States. (b) Requirement that area be improved: (1) In general: The declaration only applies to the parts of the area in (a) that are, or will be, bulkheaded, filled, or otherwise covered by permanent structures or improvements, including parkland. (2) Applicability of Federal law: Any such improvement still must follow applicable federal laws, including sections 401 and 403 of this title, section 1344 (Clean Water Act permitting), and the National Environmental Policy Act of 1969. (c) Expiration date: The declaration expires for any part of the area that: (1) is not bulkheaded, filled, or otherwise covered by a permanent structure or improvement (including parkland) within 20 years after October 12, 1996; or (2) needs an improvement under (b)(2) that requires a federal permit, if that work does not begin within 5 years after the permit is issued.
the actual law source: uscode.house.gov ↗public domain
(a) Description of nonnavigable area

Subject to subsections (b) and (c), the area of Long Island City, Queens County, New York, that—

(1)

is not submerged;

(2)

as of October 12, 1996, lies between the southerly high water line of Anable Basin (also known as the “11th Street Basin”) and the northerly high water line of Newtown Creek; and

(3)

extends from the high water line (as of October 12, 1996) of the East River to the original high water line of the East River;

is declared to be nonnavigable waters of the United States.

(b) Requirement that area be improved
(1) In general

The declaration of nonnavigability under subsection (a) shall apply only to those portions of the area described in subsection (a) that are, or will be, bulkheaded, filled, or otherwise occupied by permanent structures or other permanent physical improvements (including parkland).

(2) Applicability of Federal law

Improvements described in paragraph (1) shall be subject to applicable Federal laws, including—

(A)

sections 401 and 403 of this title;

(B)

section 1344 of this title;

(C)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(c) Expiration date

The declaration of nonnavigability under subsection (a) shall expire with respect to a portion of the area described in subsection (a), if the portion—

(1)

is not bulkheaded, filled, or otherwise occupied by a permanent structure or other permanent physical improvement (including parkland) in accordance with subsection (b) by the date that is 20 years after October 12, 1996; or

(2)

requires an improvement described in subsection (b)(2) that is subject to a permit under an applicable Federal law, and the improvement is not commenced by the date that is 5 years after the date of issuance of the permit.

Source credit: (Pub. L. 104–303, title V, § 556, Oct. 12, 1996, 110 Stat. 3782.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-303 · 110 Stat. 3782

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-303 on 1996-10-12.

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