33 U.S.C. § 59kk — Wateree River

Page 31 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 59ll 4 So in original. Probably should be ‘‘subsection (a)(2)’’. in the centerline of Church Street (49.50 feet wide), that point being N. 11≥28′50′′ E. 796.36 feet, measured along the centerline, from its intersection with the curved northerly right- of-way line of Pennsylvania-Reading Sea- shore Lines Railroad (66.00 feet wide)— (I) N. 78≥27′40′′ W. 118.47 feet; thence (II) N. 15≥48′40′′ W. 120.51 feet; thence (III) N. 77≥53′00′′ E 189.58 feet to a point in the centerline of Church Street; thence (IV) S. 11≥28′50′′ W. 183.10 feet to the point of beginning. (b) Limits on applicability; regulatory require- ments (1) In general The designation under subsection (a)(1) shall apply 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 facilities. (2) Applicable law All activities described in paragraph (1) shall be subject to all applicable Federal law, in- cluding— (A) the Act of March 3, 1899 (30 Stat. 1121, chapter 425); (B) section 1344 of this title; and (C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (c) Termination of designation If, on the date that is 20 years after November 12, 2001, any area or portion of an area described in subsection (a)(3) 4 is not bulkheaded, filled, or otherwise occupied by permanent structures (in- cluding marina facilities) in accordance with subsection (b), or if work in connection with any activity authorized under subsection (b) is not commenced by the date that is 5 years after the date on which permits for the work are issued, the designation of nonnavigability under sub- section (a)(1) for that area or portion of an area shall terminate. (Pub. L. 107–66, title I, § 107, Nov. 12, 2001, 115 Stat. 494.) Editorial Notes REFERENCES IN TEXT Act of March 3, 1899, referred to in subsec. (b)(2)(A), is act Mar. 3, 1899, ch. 425, 30 Stat. 1121, which enacted sections 401, 403, 404, 406, 407, 408, 409, 411 to 416, 418, 502, 549, and 687 of this title and amended section 686 of this title. For complete classification of this Act to the Code, see Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (b)(2)(C), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chap- ter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. § 59kk. Wateree River For purposes of bridge administration, the portion of the Wateree River in the State of South Carolina, from a point 100 feet upstream of the railroad bridge located at approximately mile marker 10.0 to a point 100 feet downstream of such bridge, is declared to not be navigable waters of the United States for purposes of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.). (Pub. L. 108–293, title VI, § 610, Aug. 9, 2004, 118 Stat. 1058.) Editorial Notes REFERENCES IN TEXT The General Bridge Act of 1946, referred to in text, is title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, which is classified generally to subchapter III (§ 525 et seq.) of chapter 11 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 525 of this title and Tables. § 59ll. Central Delaware River, Philadelphia, Pennsylvania (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 bulk- head and pierhead lines that were established by the Secretary of War and successors and de- scribed as follows, are declared to be nonnav- igable waters of the United States: (1) Piers 70 South through 38 South, encom- passing 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, encom- passing an area bounded by the southern line of Callowhill Street extended to the northern line of East Fletcher Street extended, includ- ing 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 with- in 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 fa- cilities. (Pub. L. 114–322, title I, § 1308, Dec. 16, 2016, 130 Stat. 1693.) Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 1002 of Pub. L. 114–322, set out as a note under sec- tion 2201 of this title.