33 U.S.C. § 59c–3 — Queens 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
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.
Subject to subsections (b) and (c), the area of Long Island City, Queens County, New York, that—
is not submerged;
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
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.
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).
Improvements described in paragraph (1) shall be subject to applicable Federal laws, including—
sections 401 and 403 of this title;
section 1344 of this title;
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
The declaration of nonnavigability under subsection (a) shall expire with respect to a portion of the area described in subsection (a), if the portion—
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
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.)
- 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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