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

(a) In general: The Secretary of the Army may convey to the City of Galveston, Texas, full title to all or part of about 605 acres known as the San Jacinto Disposal Area on Galveston Island. The price is the fair market value set under (d). The Secretary can only make the conveyance once the Secretary and the City agree on the compensation. (b) Compensation for conveyance: (1) In general: Once the City pays, the Secretary conveys the parcel or part of it, as described in (a). (2) Full parcel: If the whole 605 acres is conveyed, the City must (A) give the Army full title to about 564 acres on Pelican Island (valued under (d)), and (B) pay the difference between the fair market value of the land the Army gives up and the fair market value of the Pelican Island land it receives. (3) Partial parcel: If the City receives 125 acres or less, it pays the fair market value of that parcel, as determined under (d). (c) Disposition of spoil: Costs of maintaining Galveston Harbor and Channel keep following the 1973 Local Cooperation Agreement between the United States and Galveston, as amended. Once a conveyance happens, the Army must be paid back for the present value of its dredge-disposal and site-preparation costs under that agreement, above what those costs would have been without the conveyance. (d) Determination of fair market value: Independent appraisers set fair market value using the market value method. (e) Navigational servitude: (1) Declaration of nonnavigability; public interest: The parcel described in (a) is declared nonnavigable waters of the United States, unless the Secretary finds, after consulting local and regional public officials (including planning organizations), that the proposed projects there are not in the public interest. This is subject to (2) and (3). (2) Limits on applicability; regulatory requirements: The declaration only applies to the parts of the (a) parcel that are, or will be, bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work 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. (3) Expiration date: The declaration expires for any part of the area that, 20 years after October 28, 1993, is not bulkheaded, filled, or occupied by permanent structures (including marina facilities) as required by (2), or if permitted work has not started within 5 years after the permit is issued. (f) Survey and study: The 605-acre and 564-acre parcels must be surveyed and more precisely described before conveyance. Within 60 days after October 28, 1993, the Secretary must, if needed, review whether section 1344 of this title applies to those parcels.