33-U.S.C.-59FF
§59Ff – Declaration of Nonnavigability For Portions of Pelican Island, Texas
Pathway
Title 33 > Chapter 1 > Subchapter II > Section 59ff
Details
- Reference: Section 59ff
- Legend: §59Ff – Declaration of Nonnavigability For Portions of Pelican Island, Texas
- USCode Year: 2013
Provision Content
(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) of this section, the following portions of Pelican Island, Texas, within those lands described in subsection (a) of this section shall remain navigable waters of the United States:
(1) to (3) Omitted.
(c) Requirement that areas be improved
The declaration under subsection (a) of this section 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 sections 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) of this section, then the declaration of nonnavigability for such area or part thereof shall expire.
(Pub. L. 102–241, §52, Dec. 19, 1991, 105 Stat. 2228.)
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, as amended, 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.
U.S. Encyclopedia of Law Coverage
33-U.S.C.-59BB-1 in the Legal Encyclopedia: Waters
In this entry about 33-U.S.C.-59BB-1, find legal reference material, bibliographies and premiere content related to waters in the American Encyclopedia of Law, presenting a comprehensive view of the United States waters-specific issues, written by authorities in the field.
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