33 U.S.C. § 59ff — Declaration of nonnavigability for portions of Pelican Island, Texas

submitted 35 years ago by Pub. L. 102-241 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 276 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law declares several unsubmerged parts of Pelican Island, Texas nonnavigable, but keeps some listed areas navigable. It only applies once an area is actually built on, and follows federal laws like the Clean Water Act. The declaration expires after set deadlines.

(a) Descriptions of nonnavigable areas: Several unsubmerged parts of Pelican Island, Texas, within listed property descriptions (omitted here), are declared nonnavigable waters of the United States, subject to (b), (c), and (d). (b) Exceptions: Certain listed portions within those same lands (also omitted) stay navigable waters of the United States despite the (a) declaration. (c) Requirement that areas be improved: The declaration only applies to the parts of the (a) areas — outside the (b) exceptions — that are, or will be, bulkheaded and filled or otherwise occupied by permanent structures or improvements, including marina facilities. Such work must still follow federal laws and regulations, including sections 401 and 403 of this title, section 1344 (Clean Water Act permitting), and the National Environmental Policy Act of 1969. (d) Expiration: The declaration expires for any part of the (a) area (outside the (b) exceptions) that, 20 years after December 19, 1991, is not bulkheaded, filled, or occupied by permanent structures or improvements (including marina facilities) as required by (c), or if the required permitted work has not started within 5 years after the permit is issued.

the actual law source: uscode.house.gov ↗public domain

(a) Descriptions of nonnavigable areas

Subject to the provisions of subsections (b), (c), and (d) of this section, those portions of Pelican Island, Texas, which are not submerged and which are within the following property descriptions, are declared to be nonnavigable waters of the United States:

(1)

to (5) Omitted.

(b) Exceptions

Notwithstanding the declaration under subsection (a), the following portions of Pelican Island, Texas, within those lands described in subsection (a) shall remain navigable waters of the United States:

(1)

to (3) Omitted.

The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) of this section and not described in subsection (b) of this section which are or will be bulkheaded and filled or otherwise occupied by permanent structures or other permanent physical improvements, including marina facilities. All such work is subject to applicable Federal statutes and regulations, including 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.].

(d) Expiration

If, 20 years from December 19, 1991, any area or part thereof described in subsection (a) of this section and not described in subsection (b) of this section is not bulkheaded or filled or occupied by permanent structures or other permanent physical improvements, including marina facilities, in accordance with the requirements set out in subsection (c) of this section, or if work is not commenced within five years after issuance of any permits required to be obtained under subsection (c), then the declaration of nonnavigability for such area or part thereof shall expire.

Source credit: (Pub. L. 102–241, § 52, Dec. 19, 1991, 105 Stat. 2228.)

history & why it existsrecord from the source credit

1991Enacted · Pub. L. 102-241 · 105 Stat. 2228

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-241 on 1991-12-19.

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