33 U.S.C. § 59ff: Declaration of nonnavigabilit…

Summary

Certain dry parts of Pelican Island, Texas, are ruled not to be federal navigable waters, but some specific areas named elsewhere still stay navigable. That rule only counts for places that are or will be made dry by building seawalls and filling, or that will have permanent buildings or marinas. Any work must follow federal permits and laws, including sections 401, 403, and 1344 of this title and the National Environmental Policy Act of 1969. If, 20 years from December 19, 1991, an area covered by the rule hasn’t been so improved, or if work doesn’t start within five years after required permits are issued, the nonnavigability ends.

Title 33, §59ff

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Descriptions of nonnavigable areas

Subject to the provisions of subsections (b), (c), and (d) of this section, those portions of Pelican Island, Texas, which are not submerged and which are within the following property descriptions, are declared to be nonnavigable waters of the United States:

(1)to (5) Omitted.

(b)Exceptions

Notwithstanding the declaration under subsection (a), the following portions of Pelican Island, Texas, within those lands described in subsection (a) shall remain navigable waters of the United States:

(1)to (3) Omitted.

(c)Requirement that areas be improved

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

(d)Expiration

If, 20 years from December 19, 1991, any area or part thereof described in subsection (a) of this section and not described in subsection (b) of this section is not bulkheaded or filled or occupied by permanent structures or other permanent physical improvements, including marina facilities, in accordance with the requirements set out in subsection (c) of this section, or if work is not commenced within five years after issuance of any permits required to be obtained under subsection (c), then the declaration of nonnavigability for such area or part thereof shall expire.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (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. Codification The text of the boundary descriptions contained in pars. (1) to (5) of subsec. (a) and pars. (1) to (3) of subsec. (b), which is not set out in the Code, appears at 105 Stat. 2228 to 2231.

§59ff Declaration of Nonnavigability for Portions of Pelican Island, Texas