33 USC 59cc - Declaration of nonnavigability of portion of Hudson River, New York

U.S Code last checked for updates: May 05, 2024

§ 59cc.

Declaration of nonnavigability of portion of Hudson River, New York

(a)

Declaration of nonnavigability

(b)

Area subject to declaration

(c)

Determination of public interest

The declaration made in subsection (a) shall not take effect if the Secretary of the Army (acting through the Chief of Engineers), using reasonable discretion, finds that the proposed project is not in the public interest—

(1)

before the date which is 120 days after the date of the submission to the Secretary of appropriate plans for the proposed project; and

(2)

after consultation with local and regional public officials (including local and regional public planning organizations).

(d)

Limitation on applicability of declaration

(1)

Affected area

(2)

Application of other laws

Notwithstanding subsection (a), all activities conducted in the area described in subsection (b) are subject to all Federal laws which apply to such activities, including—

(A)

sections 401 and 403 of this title;

(B)

section 1344 of this title; and

(C)

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

(e)

Expiration date

The declaration made in subsection (a) shall expire—

(1)

on the date which is 6 years after December 18, 1991, if work on the proposed project to be performed in the area described in subsection (b) is not commenced before such date; or

(2)

on the date which is 20 years after December 18, 1991, for any portion of the area described in subsection (b) which on such date is not bulkheaded, filled, or occupied by a permanent structure (including docking facilities).

(f)

“Proposed project” defined

For the purposes of this section, the term “proposed project” means any project for the rehabilitation and development of—

(1)

the structure located in the area described in subsection (b), commonly referred to as Pier A; and

(2)

the area surrounding such structure.

(Pub. L. 102–240, title I, § 1078, Dec. 18, 1991, 105 Stat. 2015.)

cite as: 33 USC 59cc