§59ff — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Certain dry (not underwater) parts of Pelican Island, Texas, inside the listed property areas are declared not to be navigable waters of the United States, but some specific parts remain navigable under the law's exceptions. That nonnavigable status only applies to areas that are or will be bulkheaded and filled or have permanent structures (including marinas). Any such work must follow federal laws, including sections 401 and 403, section 1344, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). If, 20 years from December 19, 1991, an area covered by the declaration and not excepted remains undeveloped as required, or if work does not begin within five years after required permits are issued, the nonnavigable declaration for that area ends.

Title 33, §59ff

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)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)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)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)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