§59j–1 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Certain parts of the Delaware River inside the listed Philadelphia boundaries are declared not to be navigable waters of the United States, unless the Secretary, after talking with local and regional public officials and planning groups, decides the proposed projects are not in the public interest. That non‑navigable status only applies to areas that are or will be bulkheaded, filled, or occupied by permanent structures like marinas. Any work there still must follow federal laws, 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.). If, 20 years from November 17, 1988, any area covered above has not been bulkheaded, filled, or occupied as required, or if permitted work does not start within 5 years after permits are issued, the non‑navigable declaration for that area ends. The declaration for the area listed in subsection (a)(5) never expires.

Title 33, §59j–1

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects in Philadelphia, Pennsylvania, to be undertaken within the boundaries described below, are not in the public interest then, subject to subsections (b) and (c) of this section, those portions of the Delaware River, bounded and described as follows, are declared to be non-navigable waters of the United States:

(1)

(2)

(3)

(4)

(5)

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

(c)If, 20 years from November 17, 1988, any area or part thereof described in subsection (a) is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in subsection (b) of this section, or if work in connection with any activity permitted in subsection (b) is not commenced within 5 years after issuance of such permits, then the declaration of non-navigability for such area or part thereof shall expire. Notwithstanding the preceding sentence, the declaration of nonnavigability for the area described in subsection (a)(5), or any part thereof, shall not expire.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 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. Codification The text of the boundary descriptions contained in pars. (1) to (5) of subsec. (a), which is not set out in the Code, appears at 102 Stat. 4032 to 4038.

Amendments

2016—Subsec. (c). Pub. L. 114–322 struck out “(except 30 years from

November 17, 1988, in the case of the area or any part thereof described in subsection (a)(5))” after “in subsection (a)” and inserted at end “Notwithstanding the preceding sentence, the declaration of nonnavigability for the area described in subsection (a)(5), or any part thereof, shall not expire.” 2007—Subsec. (c). Pub. L. 110–114 substituted “subsection (a) (except 30 years from

November 17, 1988, in the case of the area or any part thereof described in subsection (a)(5))” for “subsection (a) of this section”.

Statutory Notes and Related Subsidiaries

“Secretary” Defined Secretary means the Secretary of the Army, see section 2 of Pub. L. 100–676, set out as a note under section 2201 of this title.

§59j–1 Declaration of nonnavigability for portions of the Delaware River