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33 U.S.C. § 59llCentral Delaware River, Philadelphia, Pennsylvania

submitted 10 years ago by Pub. L. 114-322 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 260 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law declares two groups of piers on Philadelphia's Delaware River waterfront nonnavigable, unless the Army finds real objections to a specific project. The Army decides project by project, within 150 days of getting plans. It only applies once an area is actually built on.

(a) Area to be declared nonnavigable: Two groups of former pier and bulkhead areas along the Delaware River in Philadelphia are declared nonnavigable waters of the United States, unless the Secretary finds, after consulting local and regional public officials (including planning organizations), that there are substantive objections. This is subject to (c). The groups are: (1) Piers 70 South through 38 South, between Moore Street and Catherine Street, including Piers 70, 68, 67, 64, 61-63, 60, 57, 55, 53, 48, 46, 40, and 38; and (2) Piers 24 North through 72 North, between Callowhill Street and East Fletcher Street, including Piers 24, 25, 27-35, 35.5, 36, 37, 38, 39, 49, 51-52, 53-57, 58-65, 66, 67, 69, 70-72, and Rivercenter. (b) Public interest determination: The Secretary must decide the public-interest question in (a) separately for each proposed project, using reasonable discretion, within 150 days after someone submits that project's plans. (c) Limits on applicability: The declaration only applies to the parts of the (a) areas that are, or will be, bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities.
the actual law source: uscode.house.gov ↗public domain
(a) Area to be declared nonnavigable

Subject to subsection (c), unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that there are substantive objections, those portions of the Delaware River, bounded by the former bulkhead and pierhead lines that were established by the Secretary of War and successors and described as follows, are declared to be nonnavigable waters of the United States:

(1)

Piers 70 South through 38 South, encompassing an area bounded by the southern line of Moore Street extended to the northern line of Catherine Street extended, including the following piers: Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 53, 48, 46, 40, and 38.

(2)

Piers 24 North through 72 North, encompassing an area bounded by the southern line of Callowhill Street extended to the northern line of East Fletcher Street extended, including the following piers: Piers 24, 25, 27–35, 35.5, 36, 37, 38, 39, 49, 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and Rivercenter.

(b) Public interest determination

The Secretary shall make the public interest determination under subsection (a) separately for each proposed project to be undertaken within the boundaries described in subsection (a), using reasonable discretion, not later than 150 days after the date of submission of appropriate plans for the proposed project.

(c) Limits on applicability

The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities.

Source credit: (Pub. L. 114–322, title I, § 1308, Dec. 16, 2016, 130 Stat. 1693.)

history & why it existsrecord from the source credit
  • 2016Enacted · Pub. L. 114-322 · 130 Stat. 1693

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-322 on 2016-12-16.

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