33 U.S.C. § 59h: San Francisco, California…

Summary

Declares a part of the San Francisco waterfront not to be U.S. navigable waters. It covers landward areas in the City and County of San Francisco that lie inside a specific line. That line starts where the extended southerly right-of-way of Earl Street meets the federal Pierhead line (the Pierhead line defined by California Harbor and Navigation Code §1770 as amended in 1961). It then follows the Pierhead line north, skirts Pier 30–32 using lines 10 feet east of its east boundary and 10 feet north of its north boundary, and continues to where the easterly right-of-way line of Van Ness Avenue (formerly Marlette Street), extended, meets the Pierhead line. The non-navigable label only applies to parts that are or will be bulkheaded, filled, or covered by permanent structures. It does not change federal rules about filling navigable waters or other regulated activities, including sections 401, 403, and 1344 of Title 33 and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Congress also finds the area includes the seawall, piers, and wharves of the Embarcadero Historic District, listed on the National Register of Historic Places on May 12, 2006.

Title 33, §59h

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Area to be declared nonnavigable

The following area is declared to be nonnavigable waters of the United States: All of that portion of the City and County of San Francisco, California, lying shoreward of a line beginning at the intersection of the southerly right of way line of Earl Street prolongation with the Pierhead United States Government Pierhead line, the Pierhead line as defined in the State of California Harbor and Navigation Code section 1770, as amended in 1961; thence northerly along said Pierhead line to its intersection with a line parallel with and distant 10 feet easterly from, the existing easterly boundary line of Pier 30–32; thence northerly along said parallel line and its northerly prolongation, to a point of intersection with a line parallel with, and distant 10 feet northerly from, the existing northerly boundary of Pier 30–32; thence westerly along last said parallel line to its intersection with said Pierhead line; thence northerly along said Pierhead line, to the intersection of the easterly right of way line of Van Ness Avenue, formerly Marlette Street, prolongation to the Pierhead line.

(b)Requirement that area be improved

The declaration of nonnavigability under subsection (a) applies only to those parts of the area described in subsection (a) that are or will be bulkheaded, filled, or otherwise occupied or covered by permanent structures and does not affect the applicability of any Federal statute or regulation that relates to filling of navigable waters or to other regulated activities within the area described in subsection (a), 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.].

(c)Inclusion of Embarcadero Historic District

Congress finds and declares that the area described in subsection (a) contains the seawall, piers, and wharves that comprise the Embarcadero Historic District listed on the National Register of Historic Places on May 12, 2006.

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.

Amendments

2020—Pub. L. 116–260 amended section generally. Prior to amendment, section related to Northern Embarcadero area, San Francisco, California.

§59h San Francisco, California, Waterfront Area