§ 59ff. — Declaration of nonnavigability for portions of Pelican Island, Texas.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC59ff]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 1--NAVIGABLE WATERS GENERALLY
SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
Sec. 59ff. Declaration of nonnavigability for portions of
Pelican Island, Texas
(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, Sec. 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 (Sec. 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.
