33 U.S.C. § 59c–3: Queens County, New York

Summary

Declares a particular area in Long Island City, Queens County, to be nonnavigable waters of the United States. The area must be dry land (not submerged) and, as of October 12, 1996, lie between the south high‑water line of Anable (11th Street) Basin and the north high‑water line of Newtown Creek, and run from the East River high‑water line on that date back to the East River’s original high‑water line. That nonnavigable status only counts for parts that are or will be bulkheaded, filled, or covered by permanent structures or other permanent physical improvements (including parkland). Those improvements must follow applicable Federal laws, including sections 401 and 403, section 1344, and the National Environmental Policy Act (42 U.S.C. 4321 et seq.). The status ends for any part not so improved by the date 20 years after October 12, 1996, or for any part that needs a federal permit if work does not start within 5 years after the permit is issued.

Title 33, §59c–3

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Description of nonnavigable area

Subject to subsections (b) and (c), the area of Long Island City, Queens County, New York, that—

(1)is not submerged;

(2)as of October 12, 1996, lies between the southerly high water line of Anable Basin (also known as the “11th Street Basin”) and the northerly high water line of Newtown Creek; and

(3)extends from the high water line (as of October 12, 1996) of the East River to the original high water line of the East River;

is declared to be nonnavigable waters of the United States.

(b)Requirement that area be improved

(1)In general

The declaration of nonnavigability under subsection (a) shall apply only to those portions of the area described in subsection (a) that are, or will be, bulkheaded, filled, or otherwise occupied by permanent structures or other permanent physical improvements (including parkland).

(2)Applicability of Federal law

Improvements described in paragraph (1) shall be subject to applicable Federal laws, including—

(A)section 401 and 403 of this title;

(B)section 1344 of this title;

(C)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(c)Expiration date

The declaration of nonnavigability under subsection (a) shall expire with respect to a portion of the area described in subsection (a), if the portion—

(1)is not bulkheaded, filled, or otherwise occupied by a permanent structure or other permanent physical improvement (including parkland) in accordance with subsection (b) by the date that is 20 years after October 12, 1996; or

(2)requires an improvement described in subsection (b)(2) that is subject to a permit under an applicable Federal law, and the improvement is not commenced by the date that is 5 years after the date of issuance of the permit.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(C), 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.

§59c–3 Queens County, New York