33-U.S.C.-59HH
§59Hh – Declaration of Nonnavigability For Portion of Pelican Island, Texas
Pathway
Title 33 > Chapter 1 > Subchapter II > Section 59hh
Details
- Reference: Section 59hh
- Legend: §59Hh – Declaration of Nonnavigability For Portion of Pelican Island, Texas
- USCode Year: 2013
Provision Content
(a) In general
The Secretary of the Army is authorized to convey to the City as to all compensation due herein.
(b) Compensation for conveyance
(1) In general
Upon receipt of compensation from the city of Galveston, the Secretary shall convey the parcel, or any part of the parcel, as described in subsection (a) of this section.
(2) Full parcel
If the full 605-acre parcel is conveyed, the compensation shall be—
(A) conveyance to the Department of the Army of fee simple absolute title to a parcel of land containing approximately 564 acres on Pelican Island, Texas, in the Eneas Smith Survey, A–190, Pelican Island, city of Galveston, Galveston County, Texas, adjacent to property currently owned by the United States, with the fair market value of the parcel being determined in accordance with subsection (d) of this section; and
(B) payment to the United States of an amount equal to the difference between the fair market value of the parcel to be conveyed under subsection (a) of this section and the fair market value of the parcel to be conveyed under subparagraph (A).
(3) Partial parcel
If the conveyance is 125 acres or less, compensation shall be an amount equal to the fair market value of the parcel to be conveyed, with the fair market value of the parcel being determined in accordance with subsection (d) of this section.
(c) Disposition of spoil
Costs of maintaining the Galveston Harbor and Channel will continue to be governed by the Local Cooperation Agreement (LCA) between the United States of America and the City in excess of the present value of the total costs that would have been incurred if this conveyance had not been made.
(d) Determination of fair market value
The fair market value of the land to be conveyed pursuant to subsections (a) and (b) of this section shall be determined by independent appraisers using the market value method.
(e) Navigational servitude
(1) Declaration of nonnavigability; public interest
Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the parcel described in subsection (a) of this section are not in the public interest then, subject to paragraphs (2) and (3), such parcel is declared to be nonnavigable waters of the United States.
(2) Limits on applicability; regulatory requirements
The declaration under paragraph (1) shall apply only to those parts of the parcel described in subsection (a) of this section which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations including, but not limited to, 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.].
(3) Expiration date
If, 20 years after October 28, 1993, any area or part thereof described in subsection (a) of this section is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in paragraph (2), or if work in connection with any activity permitted in paragraph (2) is not commenced within 5 years after issuance of such permits, then the declaration of nonnavigability for such area or part thereof shall expire.
(f) Survey and study
The 605-acre parcel and the 564-acre parcel shall be surveyed and further legally described prior to conveyance. Not later than 60 days following October 28, 1993, if he deems it necessary, the Secretary of the Army shall complete a review of the applicability of section 1344 of this title to the said parcels.
(Pub. L. 103–126, title I, §108, Oct. 28, 1993, 107 Stat. 1320; Pub. L. 106–53, title V, §585, Aug. 17, 1999, 113 Stat. 377.)
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (e)(2), 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.
Amendments
1999—Subsec. (a). Pub. L. 106–53, §585(1), inserted all or any part of after absolute title to in first sentence.
Subsec. (b). Pub. L. 106–53, §585(2), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: Upon receipt of compensation from the City of Galveston, the Secretary shall convey the parcel as described in subsection (a) of this section. Such compensation shall include—
(1) conveyance to the Department of the Army of fee simple absolute title to a parcel of land containing approximately 564 acres on Pelican Island, Texas, in the Eneas Smith Survey, A–190, Pelican Island, City of Galveston, Galveston County, Texas, adjacent to property currently owned by the United States. The fair market value of such parcel will be determined in accordance with the provision of subsection (d) of this section; and
(2) payment to the United States of an amount equal to the difference of the fair market value of the parcel to be conveyed pursuant to subsection (a) of this section and the fair market value of the parcel to be conveyed pursuant to paragraph (1) of this subsection.
Subsec. (c). Pub. L. 106–53, §585(3), in second sentence, inserted , or any part of the parcel, after parcel and , if any, after LCA.
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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