Legislación

US (United States) Code. Title 33. Chapter 1: Navigable waters generally

Compartir 0 Me sirvió 0 No me sirvió

-CITE-

33 USC CHAPTER 1 - NAVIGABLE WATERS GENERALLY 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

-HEAD-

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

1. Regulations by Secretary of the Army for navigation of

waters generally.

2. Regulations for navigation of South and Southwest

Passes of Mississippi River; penalties.

3. Regulations to prevent injuries from target practice.

4. Water gauges on Mississippi River and tributaries.

5. Abolition of tolls on Government canals, canalized

rivers, etc.; expense of operation, repairs to and

reconstruction of canals, etc.; Panama Canal

excepted; levies by non-Federal interest.

6. Free passage to harbor of Michigan City, Indiana.

7. Use of Government iron pier in Delaware Bay.

8. Toll free rivers in Alabama.

9. Des Moines River as toll free.

10. Waters in Louisiana Purchase as public highways.

11. Authority for compact between Middle Northwest States

as to jurisdiction of offenses committed on boundary

waters.

12. Port Arthur Ship Canal.

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

21. Bayou Cocodrie, Louisiana.

22. Bayou Meto, Arkansas.

23. Bear Creek, Mississippi.

24. Big Tarkio River, Missouri.

25. Cache River, Arkansas.

26. Calumet River, Cook County, Illinois, old channel.

26a. Additional portion of Calumet River, old channel,

abandoned as navigable water.

26b. Portion of Calumet River, Chicago, as nonnavigable

stream.

27. Chicago River at Chicago, Illinois.

27a. Chicago River, West Fork of South Branch.

27b. Chicago River, West arm of South Fork of South Branch.

28. Crum River; old channel at mouth, Delaware Bay.

29. Cuivre River, Missouri.

29a. East River, Wisconsin.

30. Grand River, Missouri, above Brunswick.

31. Iowa River, Iowa, above Toolsboro.

32. Lake George, Mississippi.

33. Little River, Arkansas, from Big Lake to Marked Tree.

34. Mill Slough, Oregon.

35. Mississippi River, West Channel, opposite La Crosse,

Wisconsin.

36. Mosquito Creek, South Carolina.

37. Nodaway River, Missouri.

38. Oklawaha River, Florida; Kyle and Young Canal and

"Morrison Landing extension" substituted.

39. Ollala Slough, Oregon.

40. One Hundred and Two River, Missouri.

41. Osage River, Missouri.

42. Platte River, Missouri.

43. Saint Marys River, Ohio and Indiana.

44. Sturgeon Bay, Illinois.

45. Swan Creek, Toledo, Ohio.

46. Tchula Lake, Mississippi.

47. Eagle Lake, Louisiana-Mississippi.

48. Noxubee River, Mississippi.

49. Bayou Saint John in New Orleans.

50. Turtle Bay and Turtle Bayou, Texas.

51. Scajaquada Creek, New York.

52. Park River, Connecticut.

53. Benton Harbor Canal, Michigan.

53a. Additional portion of Benton Harbor Canal, abandoned

as navigable water.

54. Burr Creek, Bridgeport, Connecticut.

55. Bayou Savage (or Chantilly) in New Orleans.

56. Fort Point Channel and South Bay, Boston,

Massachusetts.

57. Pike Creek, Wisconsin.

58. Acushnet River section of New Bedford and Fairhaven

Harbor, Massachusetts.

59. West River in West Haven, Connecticut.

59a. Back Cove, Portland, Maine.

(a) Portion declared nonnavigable.

(b) Portion abandoned.

section.

59b. Bayous Terrebonne and LeCarpe, Louisiana.

59c. East River, New York.

59c-1. East and Hudson Rivers, New York.

59c-2. East River, New York.

59c-3. Queens County, New York.

(a) Description of nonnavigable area.

(b) Requirement that area be improved.

59d. River Raisin, Michigan.

59e. Bayou Lafourche, Louisiana.

59e-1. Additional portion of Bayou Lafourche, Louisiana.

59f. Boston Inner Harbor and Fort Point Channel,

Massachusetts.

59g. Steele and Washington Bayous, and Lake Washington,

Mississippi.

59h. Northern Embarcadero area, San Francisco, California.

59i. Patapsco River, Maryland.

59j. Delaware River, Philadelphia County, Pennsylvania;

permanent structures.

59j-1. Declaration of nonnavigability for portions of the

Delaware River.

(a) Area to be declared non-navigable; public

interest.

(b) Limits on applicability; regulatory

requirements.

59k. Wicomico River, Maryland.

59l. Nonapplicability of prohibitions and provisions for

review and approval concerning wharves and piers.

59m. Lake Oswego, Oregon; Lake Coeur d'Alene, Idaho; and

Lake George, New York.

59n. Hudson River, Hudson County, New Jersey.

59n-1. Caven Point, New Jersey.

59o. Hackensack River, Hudson County, New Jersey.

59p. Kenduskeag Stream, Penobscot County, Maine.

59q. Erie Basin, Buffalo Harbor, New York.

59q-1. Union Canal, Outer Buffalo Harbor, New York.

59r. Trent River, Craven County, North Carolina.

59s. Green River, Washington.

59t. Burnham Canal, Milwaukee, Wisconsin.

59u. Lawyer's Ditch, Essex County, New Jersey.

59v. Middle River, Maryland.

(a) Description.

(b) Pierhead and bulkhead line of Dark Head Creek.

(d) Reservation of rights.

59w. Norton Basin and Jamaica Bay, New York.

59x. Exemption from General Bridge Act of 1946.

(a) Waters declared nonnavigable.

(b) Waters described.

59y. Declaration of nonnavigability for portions of Coney

Island Creek and Gravesend Bay, New York.

(a) Area to be declared non-navigable; public

interest.

(b) Limits on applicability; regulatory

requirements.

59z. Declaration of nonnavigability of bodies of water in

Ridgefield, New Jersey.

59aa. Nonnavigability of Wisconsin River.

59bb. Declaration of nonnavigability for portions of Lake

Erie.

(a) Area to be declared nonnavigable; public

interest.

(b) Limits on applicability; regulatory

requirements.

59bb-1. Declaration of nonnavigability for Lake Erie, New

York.

(a) Area to be declared nonnavigable; public

interest.

(b) Boundaries.

requirements.

(d) Expiration date.

59cc. Declaration of nonnavigability of portion of Hudson

River, New York.

(a) Declaration of nonnavigability.

(b) Area subject to declaration.

(d) Limitation on applicability of declaration.

(e) Expiration date.

(f) "Proposed project" defined.

59dd. Declaration of nonnavigability of portions of

Cleveland Harbor, Ohio.

(a) to (c) Omitted.

(d) Area to be declared nonnavigable; public

interest.

(e) Limits on applicability; regulatory

requirements.

(f) Expiration date.

59ee. Portion of Sacramento River Barge Canal declared to

not be navigable waters of United States.

59ee-1. Declaration of nonnavigability for portion of

Sacramento Deep Water Ship Channel.

59ff. Declaration of nonnavigability for portions of Pelican

Island, Texas.

(a) Descriptions of nonnavigable areas.

(b) Exceptions.

(d) Expiration.

59gg. Declaration of nonnavigability for portions of

Cuyahoga County, Ohio.

(a) Area to be declared nonnavigable; public

interest.

(b) Limits on applicability; regulatory

requirements.

59hh. Declaration of nonnavigability for portion of Pelican

Island, Texas.

(a) In general.

(b) Compensation for conveyance.

(d) Determination of fair market value.

(e) Navigational servitude.

(f) Survey and study.

59ii. Declaration of nonnavigability of a portion of the

canal known as the James River and Kanawha Canal in

Richmond, Virginia.

(a) Canal declared nonnavigable.

(b) Ensuring public safety.

59jj. Designation of nonnavigability for portions of

Gloucester County, New Jersey.

(a) Designation.

(b) Limits on applicability; regulatory

requirements.

-End-

-CITE-

33 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

33 USC Sec. 1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1. Regulations by Secretary of the Army for navigation of

waters generally

-STATUTE-

It shall be the duty of the Secretary of the Army to prescribe

such regulations for the use, administration, and navigation of the

navigable waters of the United States as in his judgment the public

necessity may require for the protection of life and property, or

of operations of the United States in channel improvement, covering

all matters not specifically delegated by law to some other

executive department. Such regulations shall be posted, in

conspicuous and appropriate places, for the information of the

public; and every person and every corporation which shall violate

such regulations shall be deemed guilty of a misdemeanor and, on

conviction thereof in any district court of the United States

within whose territorial jurisdiction such offense may have been

committed, shall be punished by a fine not exceeding $500, or by

imprisonment (in the case of a natural person) not exceeding six

months, in the discretion of the court.

Any regulations prescribed by the Secretary of the Army in

pursuance of this section may be enforced as provided in section

413 of this title, the provisions whereof are made applicable to

the said regulations.

-SOURCE-

(Aug. 18, 1894, ch. 299, Sec. 4, 28 Stat. 362; June 13, 1902, ch.

1079, Secs. 6, 11, 32 Stat. 374; Aug. 8, 1917, ch. 49, Sec. 7, 40

Stat. 266; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat.

501.)

-COD-

CODIFICATION

The first paragraph of this section is from section 4 of act Aug.

18, 1894, popularly known as the "River and Harbor Act of 1894", as

amended.

As originally enacted, said section 4 made it the duty of the

Secretary of War to prescribe rules and regulations for the use,

administration, and navigation of any or all canals and similar

works of navigation owned, operated, or maintained by the United

States, and provided for the posting of such regulations and the

punishment of violations thereof.

Said section 4 was amended by section 11 of act June 13, 1902,

principally by adding to the original section provisions

authorizing the Secretary also to prescribe regulations to govern

the speed and movement of vessels and other water craft in any

public navigable channel which had been improved under authority of

Congress, whenever in his judgment such regulations were necessary

to protect such improved channel from injury or to prevent

interference with the operations of the United States in improving

navigable waters or injury to any plant that might be employed in

such operations.

Section 4 was also amended by section 7 of act Aug. 8, 1917, to

read as set forth in the first paragraph hereof.

The last paragraph of this section is from section 6 of act June

13, 1902. Said section 6 is also the source of the last proviso in

section 499 of this title.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC1-

RULES AND REGULATIONS

Administrative provisions covering definitions which the Coast

Guard uses to examine waters to determine whether the Coast Guard

has jurisdiction on those waters under particular laws of the

United States are set out in chapter I, subchapter A, part 2, of

Title 33, Navigation and Navigable Waters, in the Code of Federal

Regulations. Such part 2, consisting of sections 2.01-1 to 2.10-10,

sets out definitions of jurisdictional terms and provides for the

availability of jurisdictional decisions.

-End-

-CITE-

33 USC Sec. 2 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 2. Regulations for navigation of South and Southwest Passes of

Mississippi River; penalties

-STATUTE-

The Secretary of the Army is authorized to make such rules and

regulations for the navigation of the South and Southwest Passes of

the Mississippi River as to him shall seem necessary or expedient

for the purpose of preventing any obstruction to the channels

through said South and Southwest Passes and any injury to the works

therein constructed. The term "South and Southwest Passes", as

employed in this section, shall be construed as embracing the

entire extent of channel in each case, between the upper ends of

the works at the head of the pass and the outer or sea ends of the

jetties at the entrance from the Gulf of Mexico; and any willful

violation of any rule or regulation made by the Secretary of the

Army in pursuance of this section shall be deemed a misdemeanor,

for which the owner or owners, agent or agents, master or pilot of

the vessel so offending shall be separately or collectively

responsible, and on conviction thereof shall be punished by a fine

of not less than $100, nor exceeding $500, or by imprisonment for

not exceeding three months, or by both fine and imprisonment, at

the discretion of the court.

-SOURCE-

(Mar. 3, 1909, ch. 264, Sec. 5, 35 Stat. 818; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

These provisions were part of section 5 of act Mar. 3, 1909,

popularly known as the "River and Harbor Appropriation Act of

1909".

These provisions superseded previous similar provisions relating

to the navigation of the South Pass only, contained in act Aug. 11,

1888, ch. 860, Sec. 5, 25 Stat. 424, amended by act Sept. 19, 1890,

ch. 907, Sec. 3, 26 Stat. 452.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 3 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3. Regulations to prevent injuries from target practice

-STATUTE-

Authority to adopt regulations - In the interest of the national

defense, and for the better protection of life and property on the

navigable waters of the United States, the Secretary of the Army is

authorized and empowered to prescribe such regulations as he may

deem best for the use and navigation of any portion or area of the

navigable waters of the United States or waters under the

jurisdiction of the United States endangered or likely to be

endangered by Artillery fire in target practice or otherwise, or by

the proving operations of the Government ordnance proving grounds

at Sandy Hook, New Jersey, or at any Government ordnance proving

ground that may be established elsewhere on or near such waters,

and of any portion or area of said waters occupied by submarine

mines, mine fields, submarine cables, or other material and

accessories pertaining to seacoast fortifications, or by any plant

or facility engaged in the execution of any public project of river

and harbor improvement; and the said Secretary shall have like

power to regulate the transportation of explosives upon any of said

waters: Provided, That the authority conferred shall be so

exercised as not unreasonably to interfere with or restrict the

food fishing industry, and the regulations prescribed in pursuance

hereof shall provide for the use of such waters by food fishermen

operating under permits granted by the Department of the Army.

Detail of vessels to enforce regulations - To enforce the

regulations prescribed pursuant to this section, the Secretary of

the Army, may detail any public vessel in the service of the

Department of the Army, or, upon the request of the Secretary of

the Army, the head of any other department may enforce, and the

head of any such department is authorized to enforce, such

regulations by means of any public vessel of such department.

Posting and violation of regulations - The regulations made by

the Secretary of the Army pursuant to this section shall be posted

in conspicuous and appropriate places, designated by him, for the

information of the public; and every person who and every

corporation which shall willfully violate any regulations made by

the said Secretary pursuant to this section shall be deemed guilty

of a misdemeanor, and upon conviction thereof in any court of

competent jurisdiction shall be punished by a fine not exceeding

$500, or by imprisonment (in the case of a natural person) not

exceeding six months, in the discretion of the court.

Venue and jurisdiction of offenses; procedure - Offenses against

the provisions of this section, or any regulation made pursuant

thereto, committed in any Territory or other place subject to the

jurisdiction of the United States where there is no court having

general jurisdiction of crimes against the United States, shall be

cognizable in any court of such place or Territory having original

jurisdiction of criminal cases in the place or Territory in which

the offense has been committed, with the same right of appeal in

all cases as is given in other criminal cases where imprisonment

not exceeding six months forms a part of the penalty, and

jurisdiction is conferred upon such courts and such courts shall

exercise the same for such purposes; and in case any such offense

be committed beyond the territorial jurisdiction of any court

having jurisdiction thereof, the offense shall be deemed and held

to have been committed within the jurisdiction in which the

offender may be found or into which he is first brought, and shall

be tried by the court having jurisdiction thereof.

-SOURCE-

(July 9, 1918, ch. 143, subch. XIX, Secs. 1-4, 40 Stat. 892, 893;

July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Undesignated pars. 1 to 4 of this section are from sections 1 to

4, respectively, of act July 9, 1918, popularly known as the "Army

Appropriation Act of 1919".

Undesignated pars. 1 and 2 of this section superseded similar

provisions of act Aug. 8, 1917, ch. 49, Sec. 8, 40 Stat. 266.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

Coast Artillery changed to Artillery under authority of section

306(a) of act June 28, 1950, ch. 383, title III, 64 Stat. 269.

Section 306(a) of act June 28, 1950 was repealed by section 53 of

act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug.

10, 1956, enacted "Title 10, Armed Forces" which in section 3063

continued the Artillery as a basic branch of the Army.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions insofar as they pertain to Air

Force, and to extent that they were not previously transferred to

Secretary of the Air Force and Department of the Air Force from

Secretary of the Army and Department of the Army, see Secretary of

Defense Transfer Order No. 40 [App. A(55)], July 22, 1949.

-End-

-CITE-

33 USC Sec. 4 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 4. Water gauges on Mississippi River and tributaries

-STATUTE-

The Secretary of the Army is authorized and directed to have

water gauges established, and daily observations made of the rise

and fall of the Mississippi River and its tributaries.

For the purpose of securing the uninterrupted gauging of the

waters of the Mississippi River and its tributaries, as provided

for in this section, upon the application of the Chief of

Engineers, the Secretary of the Army is authorized to draw his

warrant or requisition, from time to time, upon the Secretary of

the Treasury for such sums as may be necessary to do such work, not

to exceed in the aggregate for each year the sum of $9,600.

-SOURCE-

(R.S. Sec. 5252; Aug. 11, 1888, ch. 860, Sec. 6, 25 Stat. 424; June

13, 1902, ch. 1079, Sec. 9, 32 Stat. 374; July 26, 1947, ch. 343,

title II, Sec. 205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, Sec.

1(15), 68 Stat. 967.)

-COD-

CODIFICATION

R.S. Sec. 5252 derived from Res. Feb. 21, 1871, No. 40, 16 Stat.

598.

The first paragraph of this section is from R.S. Sec. 5252,

which, as enacted, authorized and directed the establishment of

water gauges and the making of daily observations at or in the

vicinity of certain enumerated places, and at such other places as

the Secretary of War might deem advisable. It further provided that

the expenditure should be made from the appropriation for the

improvement of rivers and harbors and that the annual cost of the

observations should not exceed $5,000. These latter provisions were

apparently modified by section 6 of act Aug. 11, 1888, as amended

by section 9 of act June 13, 1902, which was substantially the

second paragraph of this section. As originally enacted, section 6

of act Aug. 11, 1888, provided for the gauging of the waters of the

Lower Mississippi and tributaries, and limited the cost for each

year to the amount appropriated in the act for such purpose.

-MISC1-

AMENDMENTS

1954 - Act Aug. 30, 1954, repealed proviso requiring that an

itemized statement of expenses incurred in gauging waters of the

Mississippi River and its tributaries, as provided in this section,

should accompany the annual report of the Chief of Engineers.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC2-

APPROPRIATIONS

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was

classified to section 725a of former Title 31, Money and Finance,

repealed the permanent appropriation under the title "Gauging

waters of the Mississippi and its tributaries (fiscal year)

(8-961.54)" effective July 1, 1935, and provided that such portions

of any Acts as make permanent appropriations to be expended under

such account are amended so as to authorize, in lieu thereof,

annual appropriations from the general fund of the Treasury in

identical terms and in such amounts as now provided by the laws

providing such permanent appropriations.

-End-

-CITE-

33 USC Sec. 5 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 5. Abolition of tolls on Government canals, canalized rivers,

etc.; expense of operation, repairs to and reconstruction of

canals, etc.; Panama Canal excepted; levies by non-Federal

interest

-STATUTE-

(a) No tolls or operating charges whatever shall be levied upon

or collected from any vessel, dredge, or other water craft for

passing through any lock, canal, canalized river, or other work for

the use and benefit of navigation, now belonging to the United

States or that may be hereafter acquired or constructed; and for

the purpose of preserving and continuing the use and navigation of

said canals and other public works without interruption, the

Secretary of the Army, upon the recommendation of the Chief of

Engineers, United States Army, is authorized to draw his warrant or

requisition, from time to time, upon the Secretary of the Treasury

to pay the actual expenses of operating, maintaining, and keeping

said works in repair, which warrants or requisitions shall be paid

by the Secretary of the Treasury out of any money in the Treasury

not otherwise appropriated: Provided, That whenever, in the

judgment of the Secretary of the Army, the condition of any of the

aforesaid works is such that its entire reconstruction is

absolutely essential to its efficient and economical maintenance

and operation as herein provided for, the reconstruction thereof

may include such modifications in plan and location as may be

necessary to provide adequate facilities for existing navigation:

Provided further, That the modifications are necessary to make the

reconstructed work conform to similar works previously authorized

by Congress and forming a part of the same improvement, and that

such modifications shall be considered and approved by the Board of

Engineers for Rivers and Harbors and be recommended by the Chief of

Engineers before the work of reconstruction is commenced: And

provided further, That nothing contained in this section shall be

held to apply to the Panama Canal.

(b) No taxes, tolls, operating charges, fees, or any other

impositions whatever shall be levied upon or collected from any

vessel or other water craft, or from its passengers or crew, by any

non-Federal interest, if the vessel or water craft is operating on

any navigable waters subject to the authority of the United States,

or under the right to freedom of navigation on those waters, except

for -

(1) fees charged under section 2236 of this title; or

(2) reasonable fees charged on a fair and equitable basis that

(A) are used solely to pay the cost of a service to the

vessel or water craft;

(B) enhance the safety and efficiency of interstate and

foreign commerce; and

foreign commerce.

-SOURCE-

(July 5, 1884, ch. 229, Sec. 4, 23 Stat. 147; Mar. 3, 1909, ch.

264, Sec. 6, 35 Stat. 818; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501; Aug. 30, 1954, ch. 1076, Sec. 1(15), 68 Stat.

967; Pub. L. 107-295, title IV, Sec. 445, Nov. 25, 2002, 116 Stat.

2133.)

-COD-

CODIFICATION

Section is from act July 5, 1884, popularly known as the "Rivers

and Harbors Appropriation Act of 1884".

The section, as originally enacted, was as follows:

"No tolls or operating charges whatsoever shall be levied or

collected upon any vessel or vessels, dredges, or other passing

water-craft through any canal or other work for the improvement of

navigation belonging to the United States; and for the purpose of

preserving and continuing the use and navigation of said canals,

rivers, and other public works without interruption, the Secretary

of War, upon the application of the chief engineer in charge of

said works, is hereby authorized to draw his warrant or requisition

from time to time upon the Secretary of the Treasury to pay the

actual expenses of operating and keeping said works in repair,

which warrants or requisitions shall be paid by the Secretary of

the Treasury, out of any money in the Treasury not otherwise

appropriated: Provided, however, That an itemized statement of said

expenses shall accompany the annual report of the chief of

engineers."

It was amended by act March 3, 1909, to read substantially as set

forth above.

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-295 designated existing provisions as subsec.

(a) and added subsec. (b).

1954 - Act Aug. 30, 1954, repealed last proviso requiring that an

itemized statement of expenses incurred in operating, maintaining,

keeping in repair, and reconstructing locks, canals, etc., other

than the Panama Canal, as provided in this section, should

accompany the annual report of the Chief of Engineers.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

TERMINATION OF BOARD OF ENGINEERS FOR RIVERS AND HARBORS AND

REASSIGNMENT OF DUTIES AND RESPONSIBILITIES

For termination of Board of Engineers for Rivers and Harbors 180

days after Oct. 31, 1992, and reassignment of duties and

responsibilities by Secretary of Army, see section 223 of Pub. L.

102-580, set out as a note under section 541 of this title.

-MISC2-

APPROPRIATIONS

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was

classified to section 725a of former Title 31, Money and Finance,

repealed the permanent appropriation under the title "Operating and

care of canals and other works of navigation (8x881)" effective

July 1, 1935, and provided that such portions of any Acts as make

permanent appropriations to be expended under such account are

amended so as to authorize, in lieu thereof, annual appropriations

from the general fund of the Treasury in identical terms and in

such amounts as now provided by the laws providing such permanent

appropriations.

-End-

-CITE-

33 USC Sec. 6 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6. Free passage to harbor of Michigan City, Indiana

-STATUTE-

The passage of vessels to and from the harbor of Michigan City,

in Indiana, shall be free and not subject to toll or charge.

-SOURCE-

(R.S. Sec. 5247.)

-COD-

CODIFICATION

R.S. Sec. 5247 derived from acts June 23, 1866, ch. 138, Sec. 1,

14 Stat. 73; Mar. 2, 1867, ch. 144, Sec. 2, 14 Stat. 421.

-End-

-CITE-

33 USC Sec. 7 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 7. Use of Government iron pier in Delaware Bay

-STATUTE-

The Government iron pier in Delaware Bay near Lewes, Delaware,

shall be open to public use under regulations to be prescribed by

the Secretary of the Army.

-SOURCE-

(July 27, 1916, ch. 260, Sec. 1, 39 Stat. 394; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

Section is from act July 27, 1916, popularly known as the "Rivers

and Harbors Appropriation Act of 1916".

A further provision of act July 27, 1916, repealed act Mar. 3,

1891, ch. 542, 26 Stat. 969, which authorized a transfer of the

iron pier to the Treasury Department.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 8 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 8. Toll free rivers in Alabama

-STATUTE-

The Tennessee, Coosa, Cahawba, and Black Warrior Rivers, within

the State of Alabama, shall be forever free from toll for all

property belonging to the United States, and for all persons in

their service, and for all citizens of the United States, except as

to such tolls as may be allowed by Act of Congress.

-SOURCE-

(R.S. Sec. 5244.)

-COD-

CODIFICATION

R.S. Sec. 5244 derived from act May 23, 1828, ch. 75, Sec. 7, 4

Stat. 290.

Another R.S. 5244 is classified to section 43 of Title 12, Banks

and Banking.

-End-

-CITE-

33 USC Sec. 9 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 9. Des Moines River as toll free

-STATUTE-

The Des Moines River shall forever remain free from any toll, or

other charge whatever, for any property of the United States, or

persons in their service, passing along the same.

-SOURCE-

(R.S. Sec. 5246.)

-COD-

CODIFICATION

R.S. Sec. 5246 derived from acts Aug. 8, 1846, ch. 103, Sec. 3, 9

Stat. 78; Jan. 20, 1870, ch. 7, 16 Stat. 61.

-End-

-CITE-

33 USC Sec. 10 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 10. Waters in Louisiana Purchase as public highways

-STATUTE-

All the navigable rivers and waters in the former Territories of

Orleans and Louisiana shall be and forever remain public highways.

-SOURCE-

(R.S. Sec. 5251.)

-COD-

CODIFICATION

R.S. Sec. 5251 derived from act Mar. 3, 1811, ch. 46, Sec. 12, 2

Stat. 606.

-End-

-CITE-

33 USC Sec. 11 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 11. Authority for compact between Middle Northwest States as

to jurisdiction of offenses committed on boundary waters

-STATUTE-

The consent of the Congress is given to the States of North

Dakota, South Dakota, Minnesota, Wisconsin, Iowa, and Nebraska, or

any two or more of them, by such agreement or compact as they may

deem desirable or necessary, or as may be evidenced by legislative

acts enacted by any two or more of said States, not in conflict

with the Constitution of the United States or any law thereof, to

determine and settle the jurisdiction to be exercised by said

States, respectively, over offenses arising out of the violation of

the laws of any of said States upon any of the waters forming the

boundary lines between any two or more of said States, or waters

through which such boundary line extends, and that the consent of

the Congress be, and the same is, given to the concurrent

jurisdiction agreed to by the States of Minnesota and South Dakota,

as evidenced by the act of the Legislature of the State of

Minnesota approved April 20, 1917, and the act of the Legislature

of the State of South Dakota approved February 13, 1917.

-SOURCE-

(Mar. 4, 1921, ch. 176, 41 Stat. 1447.)

-COD-

CODIFICATION

This section is from a resolution entitled a "Joint Resolution

giving consent of the Congress of the United States to the States

of North Dakota, South Dakota, Minnesota, Wisconsin, Iowa, and

Nebraska, or any two or more of said States, to agree upon the

jurisdiction to be exercised by said States over boundary waters

between any two or more of said States".

-End-

-CITE-

33 USC Sec. 12 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 12. Port Arthur Ship Canal

-STATUTE-

After there shall be conveyed to the United States, free of cost,

a valid title to the line of water communication between Taylors

Bayou and Sabine Pass, in the State of Texas, known as the Port

Arthur Ship Canal, together with a valid title to the turning basin

as existing June 19, 1906, and to the artificial slip on which the

lumber dock of the Port Arthur Canal and Dock Company is built, the

said waterways shall thereupon become free public waters of the

United States, and be subject to the laws enacted by Congress for

the maintenance, preservation, protection, and regulation of

navigable waters: Provided, That the company or corporation

conveying title to said canal as aforesaid shall also convey to the

United States, free of cost, the fee to a strip of land one hundred

and fifty feet wide along the westerly margin of the canal, except

that where the right of way of the Southern Pacific Railroad

Company prevents the transfer of such strip of land along the

westerly margin of said canal there shall be conveyed such strip on

the easterly margin thereof as may be necessary to make up such one

hundred and fifty feet of width, with the reservation that until

Congress shall have authorized and provided for the enlargement and

widening of said canal the said company or corporation, its

successors or assigns, shall have the right to control, occupy, and

use the said strip of land and every part thereof in the same

manner and to the same extent as before the execution and delivery

of the conveyance, and also the right to transfer, lease, sell,

quitclaim, or otherwise dispose of said property and every part

thereof, subject to the grant made to the United States. The

charges for the use of said docks and wharves shall be just and

reasonable and shall not be greater than charges for similar

services at other ports of the United States on the Gulf of Mexico.

-SOURCE-

(June 19, 1906, ch. 3436, Sec. 1, 34 Stat. 302.)

-COD-

CODIFICATION

This section is from a proviso following provisions establishing

an additional collection district in the State of Texas to be known

as the district of Sabine; the establishment of the said district

being conditioned on the making of the conveyance referred to in

this section.

Further provisions of the said proviso authorizing the Secretary

of War to accept the said waterways as the property of the United

States, and directing that the Act take effect only when the

requirements of the section be fully complied with to the

satisfaction of the Secretary of War, have been omitted as executed

and obsolete.

-End-

-CITE-

33 USC SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE:

CHANGE OF NAME 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-End-

-CITE-

33 USC Sec. 21 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 21. Bayou Cocodrie, Louisiana

-STATUTE-

Bayou Cocodrie, from its source to its junction with Bayou

Chicot, in the State of Louisiana, is declared to be not a

navigable water of the United States within the meaning of the laws

enacted by the Congress for the preservation and protection of such

waters.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(Feb. 25, 1921, ch. 71, Secs. 1, 2, 41 Stat. 1145.)

-COD-

CODIFICATION

The first sentence hereof is section 1 and the second sentence

section 2 of act Feb. 25, 1921, entitled "An Act to declare Bayou

Cocodrie nonnavigable from its source to its junction with Bayou

Chicot".

-End-

-CITE-

33 USC Sec. 22 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 22. Bayou Meto, Arkansas

-STATUTE-

The Bayou Meto, in the State of Arkansas, is declared to be a

nonnavigable stream within the meaning of the Constitution and laws

of the United States.

-SOURCE-

(Aug. 8, 1917, ch. 49, Sec. 16, 40 Stat. 268.)

-End-

-CITE-

33 USC Sec. 23 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 23. Bear Creek, Mississippi

-STATUTE-

Bear Creek in Humphreys, Leflore, and Sunflower Counties, in the

State of Mississippi, is declared to be a nonnavigable stream

within the meaning of the Constitution and the laws of the United

States.

The right of Congress to alter, amend, or repeal this section is

expressly reserved.

-SOURCE-

(Mar. 3, 1923, ch. 229, Secs. 1, 2, 42 Stat. 1442.)

-COD-

CODIFICATION

The first sentence hereof is section 1 and the last sentence

section 2 of act Mar. 3, 1923, entitled "An Act declaring Bear

Creek in Humphreys, Leflore, and Sunflower counties, Mississippi,

to be a nonnavigable stream".

-End-

-CITE-

33 USC Sec. 24 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 24. Big Tarkio River, Missouri

-STATUTE-

The Big Tarkio River, in the counties of Holt and Atchison, in

the State of Missouri, is declared to be not a navigable water of

the United States within the meaning of the laws enacted by

Congress for the preservation and protection of such waters.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(Feb. 15, 1910, ch. 33, Secs. 1, 2, 36 Stat. 194.)

-COD-

CODIFICATION

The first sentence hereof is section 1 and the last sentence

section 2 of act Feb. 15, 1910, entitled "An Act to declare Big

Tarkio River, in Holt and Atchison counties, Missouri,

nonnavigable".

-End-

-CITE-

33 USC Sec. 25 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 25. Cache River, Arkansas

-STATUTE-

The Cache River in the State of Arkansas is declared to be a

nonnavigable stream within the meaning of the Constitution and laws

of the United States. This provision shall become void after one

year from July 27, 1916, unless within said period the Legislature

of Arkansas shall pass an act expressly approving this declaration.

The right of the Congress to alter, amend, or repeal this section

is expressly reserved.

-SOURCE-

(July 27, 1916, ch. 260, Sec. 1, 39 Stat. 399.)

-COD-

CODIFICATION

Section was a provision of section 1 of act July 27, 1916,

popularly known as the "Rivers and Harbors Appropriation Act of

1916".

-MISC1-

APPROVAL OF DECLARATION

See Arkansas Laws 1917, ch. 2, act 406.

-End-

-CITE-

33 USC Sec. 26 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 26. Calumet River, Cook County, Illinois, old channel

-STATUTE-

The portion of the old channel of the Calumet River in the

northwest quarter of section thirty, township thirty-seven north,

range fifteen east, of the third principal meridian, in Cook

County, Illinois, which lies outside of the new channel lines as

established by the United States and shown on "Map of the Calumet

River, Illinois, from Lake Michigan to Calumet Lake, to accompany

report of W. G. Ewing, United States attorney to the

Attorney-General, respecting cession of right of way for

improvement of said river under Act of Congress approved July

fifth, eighteen hundred and eighty-four," is hereby abandoned as

navigable water from and after the time that a navigable channel

shall be cut through said quarter section within the new channel

lines of the river as shown on the said map.

The portion of the old channel of the Calumet River in the north

quarter of fractional section 7, township 37 north, range 15 east,

of the third principal meridian, south of the Indian boundary line,

in Cook County, Illinois, which lies outside of the new channel

lines as established by the United States and shown on "map of the

Calumet River, Illinois, from Lake Michigan to Calumet Lake, to

accompany report of W. G. Ewing, United States attorney, to the

Attorney General, respecting cession of right of way for

improvement of said river, under Act of Congress approved July 5,

1884", is abandoned as navigable water.

-SOURCE-

(Apr. 21, 1904, ch. 1409, 33 Stat. 239, 240; Feb. 27, 1915, ch. 68,

38 Stat. 817.)

-REFTEXT-

REFERENCES IN TEXT

Act of Congress approved July 5, 1884, referred to in text, is

act July 5, 1884, ch. 229, 23 Stat. 143, which provided in part for

the appropriation of $50,000 for the continuing improvement of the

Calumet River, provided that no part of such appropriation be

expended until the right of way should have been conveyed to the

United States, free from expense, and the United States released

from liability to adjacent property owners, to the satisfaction of

the Secretary of War.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 26a of this title.

-End-

-CITE-

33 USC Sec. 26a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 26a. Additional portion of Calumet River, old channel,

abandoned as navigable water

-STATUTE-

The portion of the old channel of the Calumet River in sections

eighteen and nineteen, township thirty-seven north, range fifteen

east, of the third principal meridian, in Cook County, Illinois,

which lies outside of the new channel lines established by the

United States and shown on the map referred to in section 26 of

this title, and which lies outside of the exterior limits of the

turning basin to be established on said Calumet River in said

sections, is abandoned as navigable water of the United States from

and after the time when the United States shall have secured title

to the land necessary for the establishment of the turning basin at

some point, to be approved by the Chief of Engineers, between One

hundred and thirteenth Street and One hundred and seventeenth

Street in the city of Chicago.

-SOURCE-

(Mar. 4, 1913, ch. 144, Sec. 1, 37 Stat. 816.)

-End-

-CITE-

33 USC Sec. 26b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 26b. Portion of Calumet River, Chicago, as nonnavigable stream

-STATUTE-

The portion of the Calumet River, in the city of Chicago, county

of Cook, State of Illinois, lying between the intersections of this

river with the two lines described below, is a nonnavigable stream

within the meaning of the Constitution and laws of the United

States:

Beginning at a point on the south line of the north half of

section 36, township 37 north, range 14 east, of the third

principal meridian, one thousand eight hundred and seventy-three

and seven-hundredths feet west of the east line of said section;

thence northwesterly on a straight line to a point three thousand

two hundred and eighty feet west of the east line and seven hundred

and eighty-five feet south of the north line of said section; and

Beginning at a point five hundred and eighty-five feet east of

the west line and seven hundred and thirty-two feet north of the

south line of section 31, township 37 north, range 15 east, of the

third principal meridian; thence north forty-six degrees and thirty

minutes east along a straight line to the easterly water's edge of

said river.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(June 14, 1937, ch. 338, Secs. 2, 3, 50 Stat. 258, 259.)

-End-

-CITE-

33 USC Sec. 27 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 27. Chicago River at Chicago, Illinois

-STATUTE-

All of that portion of the West Fork of the South Branch of the

Chicago River in the county of Cook and State of Illinois,

extending west from the west line of the collateral channel of the

sanitary district of Chicago, in the northwest quarter of section

36, township 39 north, range 13 east, of the third principal

meridian, is declared to be a nonnavigable stream within the

meaning of the Constitution and laws of the United States. The

right of Congress to alter, amend, or repeal this provision is

expressly reserved.

The provisions of sections 401 and 403 of this title shall not

apply to that portion of the west arm of the South Fork of the

South Branch of the Chicago River, lying between the east line of

Ashland Avenue and the north line of Thirty-ninth Street, in the

city of Chicago, Illinois, as the same now exists or may hereafter

be extended. All rights, authority, or control over that part of

the Chicago River possessed or assumed by the United States are

relinquished and abandoned, and all rights, authority, or control

over the same that were possessed by the State of Illinois are

fully restored to said State.

As soon as the city of Chicago, or any other governmental agency

or any corporation thereunto duly authorized by the Secretary of

the Army, shall have constructed, after June 7, 1924, a new channel

for the South Branch of the Chicago River between West Polk Street

and West Nineteenth Street in said city of Chicago, then, and in

that event, so much of the channel of the South Branch of the

Chicago River as shall be superseded and replaced by said new

channel in accordance with the permit of the Secretary of the Army

shall be discontinued and abandoned.

-SOURCE-

(Jan. 24, 1923, ch. 33, Secs. 1, 2, 42 Stat. 1171; Feb. 27, 1923,

ch. 142, 42 Stat. 1323; June 7, 1924, ch. 337, 43 Stat. 646; July

26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

The two sentences comprising the first paragraph of this section

are, respectively, sections 1 and 2 of act Jan. 24, 1923.

The second paragraph of this section is from act Feb. 27, 1923.

The last paragraph of this section is from act June 7, 1924.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 27a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 27a. Chicago River, West Fork of South Branch

-STATUTE-

That portion of the West Fork of the South Branch of the Chicago

River in Cook County, Illinois, lying between the west line

(produced north) of the Collateral Channel of the Sanitary District

of Chicago, in the northwest quarter of section 36, township 39

north, range 13 east, third principal meridian, and a line one

thousand three hundred feet east of and parallel to the west line

of section 30 (section line in South Western Avenue), township 39

north, range 13 east, third principal meridian, in the city of

Chicago, Illinois, as the same now exists or may hereafter be

extended, is declared to be a nonnavigable stream within the

meaning of the Constitution and laws of the United States.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(Aug. 30, 1935, ch. 831, Sec. 10, 49 Stat. 1048.)

-End-

-CITE-

33 USC Sec. 27b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 27b. Chicago River, West arm of South Fork of South Branch

-STATUTE-

The portion of the west arm of the South Fork of the South Branch

of the Chicago River, as established by the ordinance of the city

of Chicago on July 17, 1911, in the southwest quarter of section

32, township 39 north, range 14 east of the third principal

meridian, in the city of Chicago, county of Cook, State of

Illinois, lying westerly of a straight line drawn from a point in

south dock line of the said west arm 203.94 feet westerly of the

point of intersection of the south dock line of the said west arm

with the west dock line of the east arm of the South Fork of the

South Branch of the Chicago River as established by said city of

Chicago ordinance of July 17, 1911, measured along the south dock

line of said west arm, thence to a point in the north dock line of

the said west arm said point being 278 feet westerly of the

intersection of the north dock line of the said west arm with the

west dock line of the South Fork of the South Branch of the Chicago

River as established by said city of Chicago ordinance of July 17,

1911, measured along the north dock line of said west arm of the

South Fork of the South Branch of the Chicago River, is declared to

be and is on and after September 1, 1959 to be regarded as a

nonnavigable water of the United States within the meaning of the

Constitution and laws of the United States: Provided, That plans

for a suitable bulkhead to retain any fill to be placed in the

waterway shall be submitted to and approved by the Corps of

Engineers, United States Army, prior to the placing of such fill.

-SOURCE-

(Pub. L. 86-218, Sept. 1, 1959, 73 Stat. 448.)

-End-

-CITE-

33 USC Sec. 28 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 28. Crum River; old channel at mouth, Delaware Bay

-STATUTE-

After the channel of the Crum River where the same empties into

the Delaware River has been changed, diverted, and straightened

under the authority given to Alba B. Johnson and Samuel M. Vauclain

and the Baldwin Locomotive Works by Act July 27, 1916, chapter 260,

the said Crum River, as so straightened, shall be a public

navigable stream, and the course and channel of the said river, as

it existed July 27, 1916, from the right-of-way of the Philadelphia

and Reading Railway Company to the low-water line in the Delaware

River shall be abandoned and vacated when the above-mentioned new

channel shall have been completed to a depth of four feet at mean

low water, with a bottom width of sixty-two feet and width of one

hundred feet at mean low-water level: Provided, That the Government

shall have such right, title, and interest in and to the bed of

said new channel as will assure the public the right to the

perpetual use of said channel for all the purposes of navigation

and commerce.

-SOURCE-

(July 27, 1916, ch. 260, Sec. 1, 39 Stat. 393.)

-REFTEXT-

REFERENCES IN TEXT

Act July 27, 1916, chapter 260, referred to in text, is act July

27, 1916, ch. 260, 39 Stat. 393, which is classified to sections 7,

25, 28, 38, 424, and 648 to 650 of this title. For complete

classification of this Act to the Code, see Tables.

-COD-

CODIFICATION

Section is from a provision of section 1 of act July 27, 1916,

popularly known as the "Rivers and Harbors Appropriation Act of

1916".

The portion of that section authorizing the changing, diverting,

and straightening of the channel of the river has been omitted as

temporary and executed.

-End-

-CITE-

33 USC Sec. 29 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 29. Cuivre River, Missouri

-STATUTE-

Cuivre River, in the counties of Lincoln and Saint Charles, in

the State of Missouri, being the dividing line, is declared not to

be a navigable stream, and shall be so treated by the Secretary of

the Army and all other authorities.

-SOURCE-

(Mar. 23, 1900, ch. 88, 31 Stat. 50; July 26, 1947, ch. 343, title

II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 29a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 29a. East River, Wisconsin

-STATUTE-

All of that portion of the East River, in the county of Brown,

State of Wisconsin, extending from Baird Street, in the city of

Green Bay, east and south is declared to be a nonnavigable stream

within the meaning of the Constitution and Laws of the United

States of America.

The right of Congress to alter, amend or repeal this section is

expressly reserved.

-SOURCE-

(Aug. 30, 1935, ch. 831, Sec. 9, 49 Stat. 1048.)

-End-

-CITE-

33 USC Sec. 30 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 30. Grand River, Missouri, above Brunswick

-STATUTE-

Grand River in the State of Missouri above the city of Brunswick,

in the county of Chariton in said State, is declared to be not a

navigable stream and shall be so treated by the Secretary of the

Army and by all other authorities.

-SOURCE-

(Feb. 15, 1905, ch. 574, 33 Stat. 715; July 26, 1947, ch. 343,

title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 31 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 31. Iowa River, Iowa, above Toolsboro

-STATUTE-

So much of the Iowa River within the State of Iowa, as lies north

of the town of Wapello, and so much of the said river within the

State of Iowa, as lies between the town of Toolsboro and the town

of Wapello, in the county of Louisa, shall not be deemed a

navigable river or public highway, but dams and bridges may be

constructed across it.

-SOURCE-

(R.S. Sec. 5248; Aug. 18, 1894, ch. 299, Sec. 1, 28 Stat. 356.)

-COD-

CODIFICATION

R.S. Sec. 5248 derived from Res. July 13, 1868, No. 55, 15 Stat.

257; act May 6, 1870, ch. 92, 16 Stat. 121.

The portion of this section relating to the Iowa river north of

the town of Wapello is from R.S. Sec. 5248.

The remainder the section, relating to so much of the river as

lies between Toolsboro and Wapello, is from act Aug. 18, 1894.

-End-

-CITE-

33 USC Sec. 32 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 32. Lake George, Mississippi

-STATUTE-

Lake George, in Yazoo County, in the State of Mississippi, is

declared to be not a navigable water of the United States within

the meaning of the laws enacted by the Congress for the

preservation and protection of such waters.

The right of Congress to alter, amend, or repeal this section is

expressly reserved.

-SOURCE-

(May 24, 1922, ch. 198, Secs. 1, 2, 42 Stat. 552.)

-COD-

CODIFICATION

The two sentences comprising this section are respectively

sections 1 and 2 of act May 24, 1922, entitled "An act declaring

Lake George, Yazoo County, Mississippi, to be a nonnavigable

stream".

-End-

-CITE-

33 USC Sec. 33 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 33. Little River, Arkansas, from Big Lake to Marked Tree

-STATUTE-

Little River, from Big Lake in Mississippi County to Marked Tree

in Poinsett County, Arkansas, is declared to be not a navigable

waterway of the United States within the meaning of the laws

enacted by Congress for the protection of such waterways.

-SOURCE-

(Mar. 2, 1919, ch. 95, Sec. 4, 40 Stat. 1287.)

-COD-

CODIFICATION

Section is from section 4 of act Mar. 2, 1919, popularly known as

the "Rivers and Harbors Appropriation Act of 1919".

-End-

-CITE-

33 USC Sec. 34 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 34. Mill Slough, Oregon

-STATUTE-

Mill Slough, a tidal tributary of Coos Bay, lying within the

limits of the city of Marshfield, State of Oregon, is declared to

be not a navigable waterway of the United States, within the

meaning of the laws enacted by Congress for the preservation and

protection of such waterways, and the consent of Congress is given

to the filling in of said slough by the said city of Marshfield.

-SOURCE-

(Oct. 23, 1913, ch. 33, 38 Stat. 233.)

-End-

-CITE-

33 USC Sec. 35 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 35. Mississippi River, West Channel, opposite La Crosse,

Wisconsin

-STATUTE-

The branch of the Mississippi River flowing between Grand Island

and the mainland opposite the city of La Crosse, State of

Wisconsin, and known as the West Channel, is declared unnavigable,

and the said city of La Crosse is relieved of the necessity of

maintaining a draw or pontoon bridge over said West Channel.

-SOURCE-

(Feb. 23, 1901, ch. 470, 31 Stat. 804.)

-End-

-CITE-

33 USC Sec. 36 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 36. Mosquito Creek, South Carolina

-STATUTE-

Mosquito Creek, in Colleton County, South Carolina, is declared

to be a nonnavigable stream within the meaning of the Constitution

and laws of the United States.

-SOURCE-

(Aug. 8, 1917, ch. 49, Sec. 15, 40 Stat. 268.)

-End-

-CITE-

33 USC Sec. 37 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 37. Nodaway River, Missouri

-STATUTE-

Nodaway River, in the counties of Andrew, Holt, and Nodaway, in

the State of Missouri, is declared to be not a navigable water of

the United States within the meaning of the laws enacted by

Congress for the preservation and protection of such waters.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(Feb. 15, 1910, ch. 32, Secs. 1, 2, 36 Stat. 194.)

-End-

-CITE-

33 USC Sec. 38 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 38. Oklawaha River, Florida; Kyle and Young Canal and

"Morrison Landing extension" substituted

-STATUTE-

Upon the conveyance to the United States, free of cost, title to

the land occupied by what is known as the "Kyle and Young Canal"

and the "Morrison Landing extension" of the same, on the Oklawaha

River, in the State of Florida, together with title to a strip of

land on the east side of said canal of such width as in the

judgment of the Secretary of the Army may be required for the

future widening of said canal and extension by the United States,

the said canal and extension shall become a free public waterway of

the United States in place of the natural bed of the river.

-SOURCE-

(July 27, 1916, ch. 260, Sec. 1, 39 Stat. 396; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 39 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 39. Ollala Slough, Oregon

-STATUTE-

All of that portion of Ollala Slough in Lincoln County, Oregon,

above a point where a line that is one hundred and twenty rods

south and running east and west and parallel with the section line

between sections 8 and 17 in township 11 south, range 10 west of

the Willamette meridian, crosses said stream, is declared to be a

nonnavigable stream.

-SOURCE-

(Feb. 26, 1917, ch. 119, 39 Stat. 937.)

-End-

-CITE-

33 USC Sec. 40 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 40. One Hundred and Two River, Missouri

-STATUTE-

One Hundred and Two River south of the north boundary line of

Andrew County, Missouri, as now located, is declared to be not a

navigable water of the United States within the meaning of the laws

enacted by Congress for the preservation and protection of such

waters.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(Feb. 15, 1910, ch. 31, Secs. 1, 2, 36 Stat. 194.)

-End-

-CITE-

33 USC Sec. 41 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 41. Osage River, Missouri

-STATUTE-

The Osage River in the State of Missouri above the point where

the south line of sections 15 and 16 in township 40 north, of range

22 west, of the fifth principal meridian, and in the county of

Benton, State of Missouri, crosses said river, is declared not to

be a navigable stream, and shall be so treated by the Secretary of

the Army and by all other authorities.

-SOURCE-

(Mar. 4, 1904, ch. 393, 33 Stat. 58; July 26, 1947, ch. 343, title

II, Sec. 205(a), 61 Stat. 501.)

-COD-

CODIFICATION

This section superseded act June 24, 1902, ch. 1154, 32 Stat.

398, which declared that the Osage River above the point where the

dividing line between the counties of Benton and Saint Clair

crosses the river should not be a navigable stream.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 42 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 42. Platte River, Missouri

-STATUTE-

The Platte River in the State of Missouri is declared to be a

nonnavigable stream within the meaning of the Constitution and laws

of the United States, and jurisdiction over said river is declared

to be vested in the State of Missouri.

The right of Congress to alter, amend, or repeal this section is

expressly reserved.

-SOURCE-

(Feb. 16, 1921, ch. 62, Secs. 1, 2, 41 Stat. 1105.)

-COD-

CODIFICATION

The two sentences of this section are, respectively, from

sections 1 and 2 of act Feb. 16, 1921, entitled "An Act declaring

the Platte River to be a nonnavigable stream".

-End-

-CITE-

33 USC Sec. 43 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 43. Saint Marys River, Ohio and Indiana

-STATUTE-

Saint Marys River, Ohio and Indiana, is declared to be a

nonnavigable stream within the meaning of the Constitution and laws

of the United States.

-SOURCE-

(Aug. 8, 1917, ch. 49, Sec. 17, 40 Stat. 268.)

-End-

-CITE-

33 USC Sec. 44 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 44. Sturgeon Bay, Illinois

-STATUTE-

So much of the west fork of Sturgeon Bay within the county of

Mercer and State of Illinois as lies west of the line between the

east half and the west half of the east half of section 25, in

township 14 north, range 6 west of the fourth principal meridian,

and so much of the east fork of said Sturgeon Bay as lies north of

the north line of section 30, in township 14 north, range 5 west of

the fourth principal meridian, shall not be deemed navigable waters

of the United States.

-SOURCE-

(Feb. 7, 1907, No. 13, 34 Stat. 1421.)

-End-

-CITE-

33 USC Sec. 45 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 45. Swan Creek, Toledo, Ohio

-STATUTE-

Swan Creek, a stream lying within the limits of the city of

Toledo, State of Ohio, is declared to be not a navigable waterway

of the United States within the meaning of the laws enacted by

Congress for the preservation and protection of such waterways, and

the consent of Congress is given for the filling in of said creek

by the local authorities.

-SOURCE-

(Mar. 4, 1915, ch. 142, Sec. 13, 38 Stat. 1055.)

-COD-

CODIFICATION

Section is from act Mar. 4, 1915, popularly known as the "Rivers

and Harbors Appropriation Act of 1915".

-End-

-CITE-

33 USC Sec. 46 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 46. Tchula Lake, Mississippi

-STATUTE-

Tchula Lake, in Holmes County, in the State of Mississippi, is

declared to be a nonnavigable stream within the meaning of the

Constitution and laws of the United States.

The right of Congress to alter, amend, or repeal this section is

expressly reserved.

-SOURCE-

(July 1, 1922, ch. 266, Secs. 1, 2, 42 Stat. 816.)

-COD-

CODIFICATION

The two sentences comprising this section are, respectively,

sections 1 and 2 of act July 1, 1922, entitled "An act declaring

Tchula Lake, Holmes County, Mississippi, to be a nonnavigable

stream".

-End-

-CITE-

33 USC Sec. 47 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 47. Eagle Lake, Louisiana-Mississippi

-STATUTE-

Eagle Lake, which lies partly within the limits of the State of

Mississippi, in Warren County, and partly within the limits of the

State of Louisiana, in Madison Parish, is declared to be a

nonnavigable stream within the meaning of the Constitution and laws

of the United States.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(June 2, 1926, ch. 445, Secs. 1, 2, 44 Stat. 681.)

-End-

-CITE-

33 USC Sec. 48 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 48. Noxubee River, Mississippi

-STATUTE-

That portion of the Noxubee River in Noxubee County, in the State

of Mississippi is declared to be a nonnavigable stream within the

meaning of the Constitution and laws of the United States.

The right of Congress to amend or repeal this section is

expressly reserved.

-SOURCE-

(Feb. 24, 1934, ch. 25, Secs. 1, 2, 48 Stat. 356.)

-End-

-CITE-

33 USC Sec. 49 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 49. Bayou Saint John in New Orleans

-STATUTE-

Bayou Saint John, in the city of New Orleans, Louisiana, is

declared to be not a navigable water of the United States within

the meaning of the laws enacted by Congress for the preservation

and protection of such waters.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(June 5, 1936, ch. 530, Secs. 1, 2, 49 Stat. 1484.)

-End-

-CITE-

33 USC Sec. 50 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 50. Turtle Bay and Turtle Bayou, Texas

-STATUTE-

Turtle Bay and Turtle Bayou, in Chambers County, in the State of

Texas, are declared to be nonnavigable waterways within the meaning

of the Constitution and laws of the United States of America.

The existing project for Turtle Bayou, Texas, authorized by the

Rivers and Harbors Act approved June 25, 1910 (Act June 25, 1910,

ch. 382, 36 Stat. 630), is abandoned.

The right of Congress to alter, amend, or repeal this section is

expressly reserved.

-SOURCE-

(Mar. 10, 1937, ch. 36, Secs. 1-3, 50 Stat. 28.)

-REFTEXT-

REFERENCES IN TEXT

The Rivers and Harbors Act approved June 25, 1910, referred to in

text, is act June 25, 1910, ch. 382, 36 Stat. 630, as amended,

which is classified to sections 546, 564, and 643 of this title.

For complete classification of this Act to the Code, see Tables.

-End-

-CITE-

33 USC Sec. 51 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 51. Scajaquada Creek, New York

-STATUTE-

Scajaquada Creek, Erie County, New York, is declared to be

nonnavigable east of a line one hundred and thirty feet west of the

west line of Niagara Street, city of Buffalo, county of Erie, New

York, within the meaning of the Constitution and laws of the United

States.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(May 14, 1937, ch. 183, Secs. 1, 2, 50 Stat. 165.)

-End-

-CITE-

33 USC Sec. 52 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 52. Park River, Connecticut

-STATUTE-

The Park River, a minor tributary of the Connecticut River,

located in Hartford County, Connecticut, is declared to be a

nonnavigable waterway within the meaning of the Constitution and

laws of the United States of America.

The right of Congress to alter, amend, or repeal this section is

expressly reserved.

-SOURCE-

(May 24, 1937, ch. 246, Secs. 1, 2, 50 Stat. 201.)

-End-

-CITE-

33 USC Sec. 53 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 53. Benton Harbor Canal, Michigan

-STATUTE-

The Benton Harbor Canal at and above the west line of Ninth

Street, in the city of Benton Harbor and State of Michigan, is

declared to be not a navigable water of the United States within

the meaning of the Constitution and laws of the United States.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(June 2, 1937, ch. 288, Secs. 1-3, 50 Stat. 243.)

-End-

-CITE-

33 USC Sec. 53a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 53a. Additional portion of Benton Harbor Canal, abandoned as

navigable water

-STATUTE-

The Benton Harbor Canal, from the west line of Ninth Street

extended northerly to the west line of Riverview Drive extended

northerly in the city of Benton Harbor and State of Michigan, be,

and the same is hereby, declared to be not a navigable water of the

United States within the meaning of the Constitution and laws of

the United States.

-SOURCE-

(Pub. L. 88-88, Sec. 1, Aug. 5, 1963, 77 Stat. 118.)

-End-

-CITE-

33 USC Sec. 54 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 54. Burr Creek, Bridgeport, Connecticut

-STATUTE-

That portion of Burr Creek in the city of Bridgeport,

Connecticut, lying north of a line across the creek beginning at

the point of intersection of the south side of Yacht Street

extended and the west harbor line of the harbor lines established

by the Secretary of War December 9, 1924, thence south eighty-five

degrees forty-six minutes seventeen seconds east to the east harbor

line of said creek, is declared to be not a navigable water of the

United States within the meaning of the Constitution and laws of

the United States.

Any project heretofore authorized by any Act of Congress, insofar

as such project relates to the above described portion of Burr

Creek in the city of Bridgeport, Connecticut, is abandoned.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(Aug. 12, 1937, ch. 607, 50 Stat. 632; July 26, 1947, ch. 343,

title II, Sec. 205(a), 61 Stat. 501.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-End-

-CITE-

33 USC Sec. 55 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 55. Bayou Savage (or Chantilly) in New Orleans

-STATUTE-

Bayou Savage, also styled Bayou Chantilly, in the city of New

Orleans, Louisiana, is declared to be a nonnavigable waterway

within the meaning of the Constitution and laws of the United

States.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(Aug. 16, 1937, ch. 650, 50 Stat. 649.)

-End-

-CITE-

33 USC Sec. 56 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 56. Fort Point Channel and South Bay, Boston, Massachusetts

-STATUTE-

The portion of the tidewaters in the waterway in which is located

Fort Point Channel and South Bay in the city of Boston,

Massachusetts, lying above the easterly side of the highway bridge

over Fort Point Channel at Dorchester Avenue in the city of Boston

is declared to be a nonnavigable water of the United States within

the meaning of the Constitution and laws of the United States.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(May 13, 1955, ch. 37, 69 Stat. 48.)

-End-

-CITE-

33 USC Sec. 57 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 57. Pike Creek, Wisconsin

-STATUTE-

Pike Creek, in the State of Wisconsin, above the easterly side of

the highway bridge at Sixth Avenue in the city of Kenosha is

declared to be a nonnavigable stream within the meaning of the

Constitution and laws of the United States.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(July 26, 1955, ch. 377, 69 Stat. 373.)

-End-

-CITE-

33 USC Sec. 58 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 58. Acushnet River section of New Bedford and Fairhaven

Harbor, Massachusetts

-STATUTE-

The portion of the waterway in the city of New Bedford and the

towns of Fairhaven and Acushnet lying north of the Coggeshall

Street Bridge (north 41 degrees 31 minutes 00 seconds), is declared

to be a nonnavigable water of the United States within the meaning

of the Constitution and laws of the United States. Any project

heretofore authorized by any Act of Congress, insofar as such

project relates to the above-described portions of the Acushnet

River section of New Bedford and Fairhaven Harbor, is hereby

abandoned.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(Aug. 3, 1955, ch. 495, 69 Stat. 443.)

-End-

-CITE-

33 USC Sec. 59 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59. West River in West Haven, Connecticut

-STATUTE-

The portion of the waterway in which is located the West River in

the town of West Haven, Connecticut, and the city of New Haven,

Connecticut, lying northerly of a line extending north 85 degrees

54 minutes 43.5 seconds east, from a point (1,158.535 feet from the

most westerly corner of the existing bulkhead and pier line) whose

coordinates in the Corps of Engineers Harbor Line System are north

4,616.76 and west 9,450.80, is declared to be a nonnavigable water

of the United States within the meaning of the Constitution and

laws of the United States.

The line hereinbefore described shall be established as a

combined pierhead and bulkhead line of the West River.

Any project heretofore authorized by an Act of Congress, insofar

as such project relates to the above-described portion of the West

River, is hereby abandoned.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(Aug. 9, 1955, ch. 649, 69 Stat. 576.)

-End-

-CITE-

33 USC Sec. 59a 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59a. Back Cove, Portland, Maine

-STATUTE-

(a) Portion declared nonnavigable

That portion of Back Cove at Portland, Maine, lying southerly of

a line across the twelve-foot Federal project channel in Back Cove

twenty-five hundred feet upstream from the Tukey Bridge, to the

head of Back Cove, is declared to be a nonnavigable water of the

United States within the meaning of the Constitution and laws of

the United States.

(b) Portion abandoned

That portion of the twelve-foot Federal project channel in Back

Cove lying southerly of a line across the channel twenty-five

hundred feet upstream from the Tukey Bridge, to the head of Back

Cove, a distance of approximately thirty-five hundred feet, is

abandoned.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(Pub. L. 85-126, Aug. 13, 1957, 71 Stat. 344.)

-End-

-CITE-

33 USC Sec. 59b 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59b. Bayous Terrebonne and LeCarpe, Louisiana

-STATUTE-

Bayou Terrebonne west of Barrow Street and Bayou LeCarpe west of

the Intracoastal Waterway in the city of Houma, State of Louisiana,

are declared to be not navigable waters of the United States within

the meaning of the Constitution and laws of the United States.

The right to alter, amend, or repeal this section is expressly

reserved.

-SOURCE-

(Pub. L. 86-226, Secs. 2, 3, Sept. 8, 1959, 73 Stat. 455.)

-End-

-CITE-

33 USC Sec. 59c 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59c. East River, New York

-STATUTE-

That portion of the East River, in New York County, State of New

York, lying between the south line of East Seventeenth Street,

extended eastwardly, the United States pierhead line as it existed

on July 1, 1965, and the south line of East Thirtieth Street,

extended eastwardly, is hereby declared to be not a navigable water

of the United States within the meaning of the Constitution and the

laws of the United States.

-SOURCE-

(Pub. L. 89-298, title III, Sec. 307, Oct. 27, 1965, 79 Stat.

1094.)

-End-

-CITE-

33 USC Sec. 59c-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59c-1. East and Hudson Rivers, New York

-STATUTE-

Those portions of the East and Hudson Rivers in New York County,

State of New York, lying shoreward of a line within the United

States Pierhead Line as it exists on August 13, 1968, and bounded

on the north by the north side of Spring Street extended westerly

and the south side of Robert F. Wagner, Senior Place extended

eastwardly, are hereby declared to be nonnavigable waters of the

United States within the meaning of the laws of the United States.

This declaration shall apply only to portions of the

above-described area which are bulkheaded and filled. Plans for

bulkheading and filling shall be approved by the Secretary of the

Army, acting through the Chief of Engineers, on the basis of

engineering studies to determine the location and structural

stability of the bulkheading and filling in order to preserve and

maintain the remaining navigable waterway. Local interests shall

reimburse the Federal Government for any engineering costs incurred

under this section.

-SOURCE-

(Pub. L. 90-483, title I, Sec. 113, Aug. 13, 1968, 82 Stat. 736.)

-End-

-CITE-

33 USC Sec. 59c-2 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59c-2. East River, New York

-STATUTE-

If the Secretary of the Army, acting through the Chief of

Engineers, finds that the proposed project to be erected at the

location to be declared non-navigable under this section is in the

public interest, on the basis of engineering studies to determine

the location and structural stability of the bulkheading and

filling and permanent pile-supported structures in order to

preserve and maintain the remaining navigable waterway and on the

basis of environmental studies conducted pursuant to the National

Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], then

those portions of the East River in New York County, State of New

York, bounded and described as follows are hereby declared to be

not navigable waters of the United States within the meaning of the

laws of the United States, and the consent of Congress is hereby

given to the filling in of all or any part thereof or the erection

of permanent pile-supported structures thereon: That portion of the

East River in New York County, State of New York, lying shoreward

of a line with the United States pierhead line as it exists on

March 7, 1974, bounded on the north by the south side of Rutgers

Slip extended easterly, and bounded on the south by the

southeasterly border of Battery Park at a point adjacent to the

westerly end of South Street extended south by southwest, is hereby

declared to be non-navigable waters of the United States. This

declaration shall apply only to portions of the above-described

area which are bulkheaded and filled or occupied by permanent

pile-supported structures. Plans for bulkheading and filling and

permanent pile-supported structures shall be approved by the

Secretary of the Army, acting through the Chief of Engineers. Local

interests shall reimburse the Federal Government for engineering

and all other costs incurred under this section.

-SOURCE-

(Pub. L. 93-251, title I, Sec. 51, Mar. 7, 1974, 88 Stat. 26.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

text, 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.

-End-

-CITE-

33 USC Sec. 59c-3 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59c-3. Queens County, New York

-STATUTE-

(a) Description of nonnavigable area

Subject to subsections (b) and (c) of this section, the area of

Long Island City, Queens County, New York, that -

(1) is not submerged;

(2) as of October 12, 1996, lies between the southerly high

water line of Anable Basin (also known as the "11th Street

Basin") and the northerly high water line of Newtown Creek; and

(3) extends from the high water line (as of October 12, 1996)

of the East River to the original high water line of the East

River;

is declared to be nonnavigable waters of the United States.

(b) Requirement that area be improved

(1) In general

The declaration of nonnavigability under subsection (a) of this

section shall apply only to those portions of the area described

in subsection (a) of this section that are, or will be,

bulkheaded, filled, or otherwise occupied by permanent structures

or other permanent physical improvements (including parkland).

(2) Applicability of Federal law

Improvements described in paragraph (1) shall be subject to

applicable Federal laws, including -

(A) sections 401 and 403 of this title;

(B) section 1344 of this title;

4321 et seq.).

The declaration of nonnavigability under subsection (a) of this

section shall expire with respect to a portion of the area

described in subsection (a) of this section, if the portion -

(1) is not bulkheaded, filled, or otherwise occupied by a

permanent structure or other permanent physical improvement

(including parkland) in accordance with subsection (b) of this

section by the date that is 20 years after October 12, 1996; or

(2) requires an improvement described in subsection (b)(2) of

this section that is subject to a permit under an applicable

Federal law, and the improvement is not commenced by the date

that is 5 years after the date of issuance of the permit.

-SOURCE-

(Pub. L. 104-303, title V, Sec. 556, Oct. 12, 1996, 110 Stat.

3782.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (b)(2)(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.

-End-

-CITE-

33 USC Sec. 59d 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59d. River Raisin, Michigan

-STATUTE-

The old channel of the River Raisin in Monroe County, Michigan,

lying between the Monroe Harbor range front light and Raisin Point,

its entrance into Lake Erie, is declared to be not a navigable

stream of the United States within the meaning of the Constitution

and the laws of the United States, and the consent of Congress is

hereby given for the filling in of the old channel by the riparian

owners on such channel.

-SOURCE-

(Pub. L. 89-298, title III, Sec. 308, Oct. 27, 1965, 79 Stat.

1094.)

-End-

-CITE-

33 USC Sec. 59e 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59e. Bayou Lafourche, Louisiana

-STATUTE-

Bayou Lafourche, in the State of Louisiana, between Canal

Boulevard, city of Thibodaux, Parish of Lafourche, State of

Louisiana, and the head of the bayou at its junction with the

Mississippi River levee at the city of Donaldsonville, Parish of

Ascension, State of Louisiana, is hereby declared to be a

nonnavigable waterway of the United States within the meaning of

the laws of the United States. The existing project for Bayou

Lafourche, Louisiana, authorized by the Acts of August 30, 1935 (49

Stat. 1028) and July 14, 1960 (74 Stat. 480) is hereby deauthorized

in the reach of Bayou Lafourche herein declared nonnavigable.

The right to alter, amend, or repeal this section is hereby

expressly reserved.

-SOURCE-

(Pub. L. 90-149, Nov. 22, 1967, 81 Stat. 507.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of the Acts of August 30, 1935 (49 Stat. 1028) and

July 14, 1960 (74 Stat. 480), referred to in text, authorizing the

Bayou Lafourche, Louisiana, project, are not classified to the

Code.

-MISC1-

PORTION OF BAYOU LAFOURCHE DECLARED TO BE NAVIGABLE WATERWAY

Pub. L. 101-595, title III, Sec. 314, Nov. 16, 1990, 104 Stat.

2987, provided that: "Bayou Lafourche, in the State of Louisiana,

between the Percy Brown Road (Hwy 648), city of Thibodaux, parish

of Lafourche, and the Southern Pacific Railroad bridge crossing the

bayou, city of Thibodaux, parish of Lafourche, is declared to be

navigable waterway of the United States under chapter 11 of title

33, United States Code."

-End-

-CITE-

33 USC Sec. 59e-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59e-1. Additional portion of Bayou Lafourche, Louisiana

-STATUTE-

Bayou Lafourche, in the State of Louisiana, between Canal

Boulevard, city of Thibodaux, parish of Lafourche and the Southern

Pacific Railroad bridge crossing the bayou, city of Thibodaux,

parish of Lafourche, is hereby declared to be a nonnavigable

waterway of the United States within the meaning of the General

Bridge Act of 1946 (33 U.S.C. 525 et seq.).

-SOURCE-

(Pub. L. 99-307, Sec. 5, May 19, 1986, 100 Stat. 447.)

-REFTEXT-

REFERENCES IN TEXT

The General Bridge Act of 1946, referred to in text, is title V

of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is

classified generally to subchapter III (Sec. 525 et seq.) of

chapter 11 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 525 of this

title and Tables.

-End-

-CITE-

33 USC Sec. 59f 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59f. Boston Inner Harbor and Fort Point Channel, Massachusetts

-STATUTE-

That portion of Boston Inner Harbor and Fort Point Channel in

Suffolk County, Commonwealth of Massachusetts, lying within the

following described area is hereby declared to be not a navigable

water of the United States within the meaning of the laws of the

United States: Beginning at the intersection of the northeasterly

sideline of Northern Avenue and the westerly United States Pierhead

Line of the Fort Point Channel and running northwesterly by the

northwesterly sideline of Northern Avenue to the westerly sideline

of Atlantic Avenue: thence turning and running northerly and

northwesterly by the westerly sideline of Atlantic Avenue and of

Commercial Street to the southeasterly sideline of Hanover Street;

thence turning and running northeasterly by the southeasterly

sideline of Hanover Street to the southwesterly property line of

the United States Coast Guard Base; thence turning and running

southeasterly by the southwesterly property line of the United

States Coast Guard Base to the southeasterly property line of the

United States Coast Guard Base; thence turning and running

northeasterly by the southeasterly property line of the United

States Coast Guard Base extended to the United States Pierhead

Line; thence turning and running southeasterly, southerly and

southwesterly by the United States Pierhead Line, to the point of

beginning.

-SOURCE-

(Pub. L. 90-312, May 18, 1968, 82 Stat. 125.)

-End-

-CITE-

33 USC Sec. 59g 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59g. Steele and Washington Bayous, and Lake Washington,

Mississippi

-STATUTE-

Steele Bayou, in Warren, Issaquena, Sharkey, and Washington

Counties, Mississippi, Washington Bayou, in Issaquena and

Washington Counties, Mississippi, and Lake Washington, in

Washington County, Mississippi, are hereby declared to be

nonnavigable within the meaning of the laws of the United States.

-SOURCE-

(Pub. L. 90-483, title I, Sec. 108(a), Aug. 13, 1968, 82 Stat.

735.)

-End-

-CITE-

33 USC Sec. 59h 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59h. Northern Embarcadero area, San Francisco, California

-STATUTE-

That portion of the Northern Embarcadero area, beginning at the

intersection of the northwesterly line of Bryant Street with the

southwesterly line of Spear Street, which intersection lies on the

line of jurisdiction of the San Francisco Port Authority; following

thence westerly and northerly along said line of jurisdiction as

described in the State of California Harbor and Navigation Code

Section 1770, as amended in 1961, to its intersection with the

easterly line of Van Ness Avenue produced northerly; thence

northerly along said easterly line of Van Ness Avenue produced to

its intersection with the United States Government pier-head line;

thence following said pier-head line easterly and southerly to its

intersection with the northwesterly line of Bryant Street produced

northeasterly; thence southwesterly along said northwesterly line

of Bryant Street produced to the point of beginning, is hereby

declared to be nonnavigable waters within the meaning of the laws

of the United States, and the consent of Congress is hereby given

for the filling in of all or any part of the described area. This

declaration shall apply only to portions of the above-described

area which are bulkheaded and filled or are occupied by permanent

pile-supported structures. Plans for bulkheading and filling and

permanent pile-supported structures shall be approved by the

Secretary of the Army, acting through the Chief of Engineers, on

the basis of engineering studies to determine the location and

structural stability of the bulkheading and filling and permanent

pile-supported structures in order to preserve and maintain the

remaining navigable waterway. Local interests shall reimburse the

Federal Government for any engineering costs incurred under this

section.

-SOURCE-

(Pub. L. 90-483, title I, Sec. 114, Aug. 13, 1968, 82 Stat. 736.)

-REFTEXT-

REFERENCES IN TEXT

Section 1770 of the State of California Harbor and Navigation

Code was repealed by Cal. Stats. 1970, ch. 385, p. 799, Sec. 2.

-End-

-CITE-

33 USC Sec. 59i 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59i. Patapsco River, Maryland

-STATUTE-

That portion of the Northwest Branch of the Patapsco River

located generally south of Pratt Street, east of Light Street,

north of Key Highway, in the city of Baltimore, State of Maryland,

and being more particularly described as all of that portion of the

Northwest Branch of the Patapsco River lying west of a series of

lines beginning at the point formed by the intersection of the

south side of Pratt Street, as now laid out, and the west side of

Pier 3 and running thence binding on the west side of Pier 3, south

04 degrees 19 minutes 47 seconds east 726.59 feet to the southwest

corner of Pier 3; thence crossing the Northwest Branch of the

Patapsco River, south 23 degrees 01 minutes 15 seconds west 855.36

feet to the point formed by the intersection of the existing

pierhead and bulkhead line and the east side of Battery Avenue,

last said point of intersection being the end of the first line of

the fourth parcel of land conveyed by J. and F. Realty,

Incorporated to Allegheny Pepsi-Cola Bottling Company by deed dated

December 22, 1965, and recorded among the Land Record of Baltimore

City in Liber J. F. C. numbered 2006 folio 345, the location of

said pierhead and bulkhead line is based upon the Corps of

Engineers, Baltimore District, Baltimore, Maryland, coordinate

value for station LIV of said pierhead and bulkhead line, the

coordinate value as referred to the Lambert grid plane coordinate

system for the State of Maryland of said station LIV being east

2,111,161.40, north 527,709.27 and thence binding on the east side

of Battery Avenue, south 03 degrees 09 minutes 07 seconds east 568

feet, more or less, to intersect the north side of Key Highway as

now laid out and located is hereby declared to be not a navigable

stream of the United States within the meaning of the laws of the

United States, and the consent of Congress is hereby given for the

filling in of all or any part of the described area.

-SOURCE-

(Pub. L. 90-483, title I, Sec. 115, Aug. 13, 1968, 82 Stat. 736.)

-End-

-CITE-

33 USC Sec. 59j 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59j. Delaware River, Philadelphia County, Pennsylvania;

permanent structures

-STATUTE-

That portion of the Delaware River in Philadelphia County,

Commonwealth of Pennsylvania, lying between all that certain lot or

piece of ground situate in the second and fifth wards of the city

of Philadelphia described as follows:

Beginning at a point on the easterly side of Delaware Avenue

(variable width) said side being the bulkhead line of the Delaware

River (approved by the Secretary of War on September 10, 1940), at

the distance of 1,833.652 feet from an angle point on the easterly

side of said Delaware Avenue south of Washington Avenue;

thence extending along the easterly side of said Delaware

Avenue the following courses and distances, (1) north 0 degree 45

minutes 33.2 seconds west 2,524.698 feet to a point; (2) north 9

degrees 36 minutes 25 seconds east, 2,168.160 feet to a point;

(3) north 13 degrees 26 minutes 45.8 seconds east, 2,039.270 feet

to a point; (4) north 20 degrees 12 minutes 52.4 seconds east,

35.180 feet to an angle point in Delaware Avenue; thence

continuing north 20 degrees 12 minutes 52.4 seconds east along

the said bulkhead line, the distance of 574.970 feet to a point

on the south house line of Callowhill Street produced;

thence extending along the south house line of Callowhill

Street produced south 80 degrees 47 minutes 30.6 seconds east,

the distance of 523.908 feet to a point on the pierhead line of

the Delaware River (approved by the Secretary of War on September

10, 1940);

thence extending along the said pierhead line the following

courses and distances, (1) south 17 degrees 52 minutes 48.5

seconds west, 605.262 feet to a point; (2) south 14 degrees 14

minutes 14.7 seconds west, 1,372.530 feet to a point; (3) south

10 degrees 37 minutes 35.3 seconds west, 1,252.160 feet to a

point; (4) south 8 degrees 23 minutes 50.4 seconds west,

1,450.250 feet to a point; (5) south 2 degrees 22 minutes 45.9

seconds west, 1,221.670 feet to a point; (6) south 1 degree 4

minutes 36 seconds east, 1,468.775 feet to a point on the north

house line of Catherine Street extended, thence extending north

76 degrees 56 minutes 29.2 seconds west, the distance of 555.911

feet to the first mentioned point and place of beginning is

hereby declared not to be a navigable water of the United States

within the meaning of the Constitution and laws of the United

States, and the Consent of Congress is hereby given, for the

filling or erection of permanent structures in all or any part of

the described area.

-SOURCE-

(Pub. L. 92-605, Sec. 1, Oct. 31, 1972, 86 Stat. 1493.)

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC1-

PERMANENT STRUCTURES IN ABOVE-DESCRIBED AREA; APPROVAL OF PLANS

Section 2 of Pub. L. 92-605 provided that: "This declaration

[this section] shall apply only to portions of the above-described

area which are filled or occupied by permanent structures. No such

filling or erection of structures in the above-described area shall

be commenced until the plans therefor have been approved by the

Secretary of the Army who shall, prior to granting such approval,

give consideration to all factors affecting the general public

interest and the impact of the proposed work on the environment."

-End-

-CITE-

33 USC Sec. 59j-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59j-1. Declaration of nonnavigability for portions of the

Delaware River

-STATUTE-

(a) Area to be declared non-navigable; 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 in

Philadelphia, Pennsylvania, to be undertaken within the boundaries

described below, are not in the public interest then, subject to

subsections (b) and (c) of this section, those portions of the

Delaware River, bounded and described as follows, are declared to

be non-navigable waters of the United States:

(1) Liberty Landing. [Omitted]

(2) Marina Towers and World Trade Center - Pier 25 North.

[Omitted]

(3) Marine Trade Center - Pier 24 North. [Omitted]

(4) National Sugar Company "Sugar House". [Omitted]

(5) Rivercenter. [Omitted]

(b) Limits on applicability; regulatory requirements

The declaration under subsection (a) of this section shall apply

only to those parts of the areas 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 necessarily 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.].

If, 20 years from November 17, 1988, 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

subsection (b) of this section, or if work in connection with any

activity permitted in subsection (b) of this section is not

commenced within 5 years after issuance of such permits, then the

declaration of non-navigability for such area or part thereof shall

expire.

-SOURCE-

(Pub. L. 100-676, Sec. 38, Nov. 17, 1988, 102 Stat. 4032.)

-REFTEXT-

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, 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.

-COD-

CODIFICATION

The text of the boundary descriptions contained in pars. (1) to

(5) of subsec. (a), which is not set out in the Code, appears at

102 Stat. 4032 to 4038.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 100-676, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 59k 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59k. Wicomico River, Maryland

-STATUTE-

(a) If the Secretary of the Army acting through the Chief of

Engineers, finds that the proposed project in Salisbury, Maryland,

to be undertaken at the locations to be declared nonnavigable under

this section is in the public interest, on the basis of engineering

studies to determine the location and structural stability of any

bulkheading and filling and permanent pile-supported structures, in

order to preserve and maintain the remaining navigable waterway and

on the basis of environmental studies conducted pursuant to the

National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.],

then those portions of the South Prong of the Wicomico River in

Wicomico County, State of Maryland, bounded and described as

follows, are declared to be not a navigable water of the United

States within the meaning of the laws of the United States, and the

consent of Congress is hereby given, consistent with subsection (b)

of this section, to the filling in of a part thereof or the

erection of permanent pile-supported structures thereon: That

portion of the South Prong of the Wicomico River in Salisbury,

Maryland, bounded on the east by the west side of United States

Route 13; on the west by the west side of the Mill Street Bridge;

on the south by a line five feet landward from the present water's

edge at high tide extending the entire length of the South Prong

from the east boundary at United States Route 13 to the west

boundary at the Mill Street Bridge; and on the north by a line five

feet landward from the present water's edge at high tide extending

the entire length of the South Prong from the east boundary at

United States Route 13 to the west boundary at the Mill Street

Bridge.

(b) This declaration shall apply only to the portions of the

areas described in subsection (a) of this section which are

bulkheaded and filled or occupied by permanent pile-supported

structures. Plans for bulkheading and filling and permanent

pile-supported structures shall be approved by the Secretary of the

Army, acting through the Chief of Engineers. Such bulkheaded and

filled areas or areas occupied by permanent pile-supported

structures shall not reduce the existing width of the Wicomico

River to less than sixty feet and a minimum depth of five feet

shall be maintained within such sixty-foot width of the Wicomico

River. Local interests shall reimburse the Federal Government for

engineering and all other costs incurred under this section.

-SOURCE-

(Pub. L. 93-251, title I, Sec. 97, Mar. 7, 1974, 88 Stat. 40.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

text, 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.

-End-

-CITE-

33 USC Sec. 59l 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59g742l. Nonapplicability of prohibitions and provisions for

review and approval concerning wharves and piers

-STATUTE-

The prohibitions and provisions for review and approval

concerning wharves and piers in waters of the United States as set

forth in sections 403 and 565 of this title shall not apply to any

body of water located entirely within one State which is, or could

be, considered to be a navigable body of water of the United States

solely on the basis of historical use in interstate commerce.

-SOURCE-

(Pub. L. 94-587, Sec. 154, Oct. 22, 1976, 90 Stat. 2932.)

-End-

-CITE-

33 USC Sec. 59m 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59m. Lake Oswego, Oregon; Lake Coeur d'Alene, Idaho; and Lake

George, New York

-STATUTE-

For the purposes of section 403 of this title the following

bodies of water are declared nonnavigable: Lake Oswego, Oregon;

Lake Coeur d'Alene, Idaho; and Lake George, New York.

-SOURCE-

(Pub. L. 94-587, Sec. 162, Oct. 22, 1976, 90 Stat. 2934.)

-COD-

CODIFICATION

"Section 403 of this title" substituted in text for "section 10

of the Act of March 3, 1899 (30 Stat. 1151) (33 U.S.C. 401)" as the

probable intent of Congress in that section 10 of said act is set

out as section 403 of this title while section 401 of this title is

based on section 9 of the act of Mar. 3, 1899.

-End-

-CITE-

33 USC Sec. 59n 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59n. Hudson River, Hudson County, New Jersey

-STATUTE-

(a) If the Secretary of the Army, acting through the Chief of

Engineers, finds that the proposed project to be erected at the

location to be declared nonnavigable under this section is in the

public interest, on the basis of engineering studies to determine

the location and structural stability of any bulkheading and

filling and permanent pile-supported structure, in order to

preserve and maintain the remaining navigable waterway and on the

basis of environmental studies conducted pursuant to the National

Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], then

that portion of the Hudson River in Hudson County, State of New

Jersey, bounded and described as follows is hereby declared to be

nonnavigable water of the United States within the meaning of the

laws of the United States, and the consent of Congress is hereby

given to the filling in of all or any part thereof and the erection

of permanent pile-supported structures thereon:

Such portion is in the township of North Bergen in the county

of Hudson and State of New Jersey, and is more particularly

described as follows: At a point in the easterly right-of-way of

New Jersey Shore Line Railroad (formerly New Jersey Junction

Railroad) said point being located northerly, measured along said

easterly right-of-way, 81.93 feet from Station 54+42.4 as shown

on construction drawing dated May 23, 1931, of River Road, filed

in the Office of the Hudson County Engineer, Jersey City, New

Jersey:

thence (1) northerly and along said easterly right-of-way on a

bearing of north 12 degrees 11 minutes 14 seconds east, a

distance of 280 feet to a point;

thence (2) south 75 degrees 28 minutes 24 seconds east, a

distance of 310 feet to a point;

thence (3) south 17 degrees 15 minutes 41 seconds east, a

distance of 101.70 feet to a point;

thence (4) south 62 degrees 18 minutes 12 seconds east a

distance of 355.64 feet to a point in the exterior solid fill

line of April 7, 1903, and the bulkhead line of April 28, 1904,

on the Hudson River;

thence (5) along said exterior solid fill and bulkhead lines

south 28 degrees 55 minutes 51 seconds west, a distance of 523

feet to a point in the northerly line of lands now or formerly of

New York State Realty and Terminal Company;

thence (6) north 61 degrees 34 minutes 29 seconds west, and

along said northerly line of the New York State Realty and

Terminal Company, a distance of 590.08 feet to a point in the

aforementioned easterly right-of-way of the New Jersey Shore Line

Railroad;

thence (7) northerly and along said easterly right-of-way of

the New Jersey Shore Line Railroad on a curve to the left a

radius of 995.09 feet, an arc length of 170.96 feet to a point

therein;

thence (8) northerly, still along the same, on a bearing of

north 12 degrees 11 minutes 14 seconds east, a distance of 81.93

feet to the point and place of beginning.

Said parcel containing 8 acres being the same more or less.

(b) The declaration in subsection (a) of this section shall apply

only to portions of the above-described area which are either

bulkheaded and filled or occupied by permanent pile-supported

structures. Plans for bulkheading and filling and permanent

pile-supported structures shall be approved by the Secretary of the

Army, acting through the Chief of Engineers. Local interests shall

reimburse the Federal Government for engineering and all other

costs incurred under this section.

-SOURCE-

(Pub. L. 94-587, Sec. 178, Oct. 22, 1976, 90 Stat. 2937.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (a), 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.

-End-

-CITE-

33 USC Sec. 59n-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59n-1. Caven Point, New Jersey

-STATUTE-

That portion of the Hudson River in the New York Bay consisting

of -

(1) all that piece or parcel of land, containing 120.54 acres,

situate, lying and being in the city of Jersey City, Hudson

County, State of New Jersey, upon or around that certain lot or

piece of land known as the Caven Point Area; and

(2) all that piece or parcel of land, containing 18 acres more

or less, situate on the northwesterly side of New Jersey State

Highway Route 185,

more particularly described in the Congressional Record dated March

11, 1986, pages S2446-2447, is hereby declared to be not a

navigable water of the United States within the meaning of the

Constitution and the laws of the United States, except for the

purposes of the Federal Water Pollution Control Act [33 U.S.C. 1251

et seq.].

-SOURCE-

(Pub. L. 99-662, title XI, Sec. 1118, Nov. 17, 1986, 100 Stat.

4237.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in text, is

act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500,

Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally

to chapter 26 (Sec. 1251 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1251 of this title and Tables.

-End-

-CITE-

33 USC Sec. 59o 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59g742o. Hackensack River, Hudson County, New Jersey

-STATUTE-

(a) If the Secretary of the Army, acting through the Chief of

Engineers finds that the proposed project to be erected at the

location to be declared nonnavigable under this section is in the

public interest, on the basis of engineering studies to determine

the location and structural stability of any bulkheading and

filling and permanent pile-supported structure, in order to

preserve and maintain the remaining navigable waterway, and on the

basis of environmental studies conducted pursuant to the National

Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], then

those portions of the Hackensack River in Hudson County, State of

New Jersey, bounded and described as follows are hereby declared to

be nonnavigable waters of the United States within the meaning of

the laws of the United States, and the consent of Congress is

hereby given to the filling in of all or any part thereof and the

erection of permanent pile-supported structures thereon:

Beginning at a point where the southeasterly shoreline (mean

high water line) of the Hackensack River intersects the easterly

line of the Erie Railroad said point property being 2,015.38 feet

northerly along said railroad property from where it intersects

the northerly line of the Meadowlands Parkway (100 feet wide) and

running from:

thence north 19 degrees 20 minutes 54 seconds west 50.00

feet;

thence north 37 degrees 30 minutes 08 seconds east 615.38

feet;

thence north 03 degrees 02 minutes 56 seconds east, 2,087

feet;

thence north 31 degrees 11 minutes 06 seconds east 577 feet;

thence north 74 degrees 29 minutes 18 seconds east 541.25

feet;

thence south 62 degrees 01 minutes 31 seconds east 400 feet;

thence south 55 degrees 46 minutes 27 seconds east 612.52

feet;

thence south 34 degrees 13 minutes 33 seconds west 517.79

feet;

thence south 55 degrees 46 minutes 27 seconds east 158.81

feet;

thence south 34 degrees 13 minutes 33 seconds west 310 feet;

thence north 55 degrees 26 minutes 27 seconds north 15 feet;

thence south 34 degrees 13 minutes 33 seconds west 592 feet;

thence running in a southwesterly direction along the

shoreline (mean high water line) of the Hackensack River, a

distance of 2,360 feet being the same more or less to the

easterly property line of the Erie Railroad and the point or

place of beginning.

Said parcel containing 67.6 acres being the same more or less.

(b) The declaration in subsection (a) of this section shall apply

only to portions of the described area which are either bulkheaded

and filled or occupied by permanent pile-supported structures.

Plans for bulkheading and filling and permanent pile-supported

structures shall be approved by the Secretary of the Army, acting

through the Chief of Engineers. Local interests shall reimburse the

Federal Government for engineering and all other costs incurred

under this section.

-SOURCE-

(Pub. L. 94-587, Sec. 179, Oct. 22, 1976, 90 Stat. 2938.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (a), 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.

-End-

-CITE-

33 USC Sec. 59p 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59p. Kenduskeag Stream, Penobscot County, Maine

-STATUTE-

The Kenduskeag Stream, a minor tributary of the Penobscot River,

located in Penobscot County, in the State of Maine, be, and the

same is hereby, declared to be a nonnavigable waterway within the

meaning of the Constitution and laws of the United States of

America.

-SOURCE-

(July 11, 1947, ch. 236, Sec. 1, 61 Stat. 316.)

-End-

-CITE-

33 USC Sec. 59q 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59q. Erie Basin, Buffalo Harbor, New York

-STATUTE-

That portion of the Erie Basin in the Buffalo Harbor lying within

the following described area is hereby declared to be not a

navigable water of the United States within the meaning of the

Constitution and the laws of the United States.

-SOURCE-

(Pub. L. 96-520, Sec. 1, Dec. 12, 1980, 94 Stat. 3033.)

-REFTEXT-

REFERENCES IN TEXT

The following described area, referred to in text, refers to the

metes and bounds description of that portion of the Erie Basin in

the Buffalo Harbor set out in the second paragraph of section 1 of

Pub. L. 96-520, Dec. 12, 1980, 94 Stat. 3033-3035, which is not

classified to the Code.

-End-

-CITE-

33 USC Sec. 59q-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59q-1. Union Canal, Outer Buffalo Harbor, New York

-STATUTE-

The portion of the Union Canal, also known as the Union Ship

Canal, an appendage of the Buffalo Outer Harbor, located in the

City of Buffalo, State of New York, is declared to be a

nonnavigable waterway of the United States within the meaning of

the General Bridge Act of 1946 (33 U.S.C. 525, et seq.) from a

point two hundred feet west of Fuhrmann Boulevard east to its

terminus.

-SOURCE-

(Pub. L. 100-202, Sec. 101(l) [title III, Sec. 332], Dec. 22, 1987,

101 Stat. 1329-358, 1329-384.)

-REFTEXT-

REFERENCES IN TEXT

The General Bridge Act of 1946, referred to in text, is title V

of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is

classified generally to subchapter III (Sec. 525 et seq.) of

chapter 11 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 525 of this

title and Tables.

-End-

-CITE-

33 USC Sec. 59r 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59r. Trent River, Craven County, North Carolina

-STATUTE-

Those portions of the Trent River in the city of New Bern, county

of Craven, State of North Carolina, bounded and described in

Committee Print 95-56 of the Committee on Public Works and

Transportation of the House of Representatives are hereby declared

to be nonnavigable waters of the United States within the meaning

of the laws of the United States.

-SOURCE-

(Pub. L. 96-520, Sec. 3, Dec. 12, 1980, 94 Stat. 3036.)

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-End-

-CITE-

33 USC Sec. 59s 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59s. Green River, Washington

-STATUTE-

For the purposes of section 401 of this title, the portion of the

Green River in the State of Washington lying upstream from that

State Highway 516 bridge which is in existence on October 26, 1981,

is hereby declared to be not a navigable waterway.

-SOURCE-

(Pub. L. 97-68, Sec. 2(b), Oct. 26, 1981, 95 Stat. 1040.)

-End-

-CITE-

33 USC Sec. 59t 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59t. Burnham Canal, Milwaukee, Wisconsin

-STATUTE-

The portion of the Burnham Canal, in Milwaukee, Wisconsin, which

is underneath and west of a point one hundred feet east of South

Eleventh Street is declared to be not a navigable water of the

United States within the meaning of the Constitution and laws of

the United States. The right to alter, amend, or repeal this

section is hereby expressly reserved.

-SOURCE-

(Pub. L. 97-468, title V, Sec. 503, Jan. 14, 1983, 96 Stat. 2552.)

-End-

-CITE-

33 USC Sec. 59u 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59u. Lawyer's Ditch, Essex County, New Jersey

-STATUTE-

The body of water known as Lawyer's Ditch located at block 5,000

in the city of Newark, county of Essex, New Jersey, is declared to

be a nonnavigable waterway of the United States within the meaning

of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.).

-SOURCE-

(Pub. L. 99-307, Sec. 3, May 19, 1986, 100 Stat. 446.)

-REFTEXT-

REFERENCES IN TEXT

The General Bridge Act of 1946, referred to in text, is title V

of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is

classified generally to subchapter III (Sec. 525 et seq.) of

chapter 11 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 525 of this

title and Tables.

-End-

-CITE-

33 USC Sec. 59v 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59v. Middle River, Maryland

-STATUTE-

(a) Description

That portion of the waterway in which is located Dark Head Creek

in the community of Middle River, Baltimore County, Maryland, lying

northwest of a line extending south 68 degrees 37 minutes 56

seconds west from a point (227.50 feet from the northeast corner of

the existing bulkhead and pier line) whose coordinates in the

Maryland State Coordinate System are north 544967.24 and east

962701.05 (latitude north 39 degrees 19 minutes 42 seconds and

longitude west 76 degrees 25 minutes 29.5 seconds) and thence south

44 degrees 48 minutes 20 seconds west, 350.12 feet to a point (at

the southwest corner of the existing bulkhead and pier line) whose

coordinates in the Maryland State Coordinate System are north

544635.94 and east 962242.46 (latitude north 39 degrees 19 minutes

39 seconds and longitude west 76 degrees 25 minutes 35.4 seconds),

is declared to be a nonnavigable water of the United States for

purposes of the navigation servitude.

(b) Pierhead and bulkhead line of Dark Head Creek

The line described in subsection (a) of this section shall be

established as a combined pierhead and bulkhead line of Dark Head

Creek.

Any project heretofore authorized by any Act of Congress, insofar

as such project is within the boundaries of Dark Head Creek as

described in subsection (a) of this section, is not authorized

after November 17, 1986.

(d) Reservation of rights

The right to alter, amend, or repeal this section is hereby

expressly reserved.

-SOURCE-

(Pub. L. 99-662, title XI, Sec. 1160, Nov. 17, 1986, 100 Stat.

4257.)

-End-

-CITE-

33 USC Sec. 59w 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59w. Norton Basin and Jamaica Bay, New York

-STATUTE-

The two portions of Norton Basin and Jamaica Bay, New York, that

are particularly described in Committee Print 99-58 of the

Committee on Public Works and Transportation of the House of

Representatives are hereby declared to be nonnavigable waters of

the United States for purposes of the navigation servitude.

-SOURCE-

(Pub. L. 99-662, title XI, Sec. 1168, Nov. 17, 1986, 100 Stat.

4259.)

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-End-

-CITE-

33 USC Sec. 59x 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59x. Exemption from General Bridge Act of 1946

-STATUTE-

(a) Waters declared nonnavigable

The waters described in subsection (b) of this section are

declared to be nonnavigable waters of the United States for

purposes of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.).

(b) Waters described

The waters referred to in subsection (a) of this section are a

drainage canal which -

(1) is an unnamed tributary of the creek known as Newton Creek,

located at block 641 (formerly designated as block 860) in the

city of Camden, New Jersey;

(2) originates at the north bank of Newton Creek approximately

1,200 feet east of the confluence of Newton Creek and the

Delaware River; and

(3) terminates at drainage culverts on the west side of

Interstate Highway 676.

-SOURCE-

(Pub. L. 100-448, Sec. 16, Sept. 28, 1988, 102 Stat. 1845; Pub. L.

100-457, title III, Sec. 325, Sept. 30, 1988, 102 Stat. 2150.)

-REFTEXT-

REFERENCES IN TEXT

The General Bridge Act of 1946, referred to in subsec. (a), is

title V of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended,

which is classified generally to subchapter III (Sec. 525 et seq.)

of chapter 11 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 525 of

this title and Tables.

-COD-

CODIFICATION

Pub. L. 100-448 and Pub. L. 100-457 enacted identical sections.

-End-

-CITE-

33 USC Sec. 59y 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59y. Declaration of nonnavigability for portions of Coney

Island Creek and Gravesend Bay, New York

-STATUTE-

(a) Area to be declared non-navigable; 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 boundaries in the portions of Coney Island

Creek and Gravesend Bay, New York, described below, are not in the

public interest then, subject to subsections (b) and (c) of this

section, those portions of such Creek and Bay, bounded and

described as follows, are declared to be non-navigable waters of

the United States:

Beginning at the corner formed by the intersection of the

Westerly Line of Cropsey Avenue, and the Northernmost United

States Pierhead Line of Coney Island Creek.

Running thence south 12 degrees 41 minutes 03 seconds E and

along the westerly line of Cropsey Avenue, 98.72 feet to the

northerly channel line as shown on Corps of Engineers Map

Numbered F. 150 and on Survey by Rogers and Giollorenzo Numbered

13959 dated October 31, 1986.

Running thence in a westerly direction and along the said

northerly channel line the following bearings and distances:

South 48 degrees 59 minutes 27 seconds west, 118.77 feet; south

37 degrees 07 minutes 01 seconds west, 232.00 feet; south 23

degrees 17 minutes 10 seconds west, 430.03 feet; south 31 degrees

25 minutes 46 seconds west, 210.95 feet; south 79 degrees 22

minutes 49 seconds west, 244.18 feet; north 55 degrees 00 minutes

29 seconds west, 183.10 feet; north 41 degrees 47 minutes 04

seconds west, 315.16 feet;

North 41 degrees 17 minutes 43 seconds west, 492.47 feet to the

said Pierhead Line; thence north 73 degrees 58 minutes 40 seconds

west and along said pierhead line, 2,665.25 feet to the

intersection of the United States bulkhead line;

Thence north 0 degree 19 minutes 35 seconds west and along the

United States Bulkhead line 1,138.50 feet to the intersection of

the westerly prolongation of the center line of 26th Avenue,

Thence north 58 degrees 25 minutes 06 seconds east and along

the center line of said 26th Avenue, 2,320.85 feet to the

westerly line of Cropsey Avenue, then southeasterly and along the

southerly line of Cropsey Avenue the following bearings and

distances:

South 31 degrees 34 minutes 54 seconds east, 4,124.59 feet; and

South 12 degrees 41 minutes 03 seconds east, 710.74 feet to the

point or place of beginning.

Coordinates and bearings are in the system as established by the

United States Coast and Geodetic Survey for the Borough of

Brooklyn. The Secretary shall make the public interest

determination separately for each proposed project, using

reasonable discretion, within 150 days after submission of

appropriate plans for each proposed project.

(b) Limits on applicability; regulatory requirements

The declaration under subsection (a) of this section shall apply

only to those parts of the areas 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 necessarily 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.].

If, 20 years from November 17, 1988, 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

subsection (b) of this section, or if work in connection with any

activity permitted in subsection (b) of this section is not

commenced within 5 years after issuance of such permits, then the

declaration of non-navigability for such area or part thereof shall

expire.

-SOURCE-

(Pub. L. 100-676, Sec. 39, Nov. 17, 1988, 102 Stat. 4039.)

-REFTEXT-

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, 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.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 100-676, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 59z 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59z. Declaration of nonnavigability of bodies of water in

Ridgefield, New Jersey

-STATUTE-

The three bodies of water located at block 4004, lots 1 and 2,

and block 4003, lot 1, in the Borough of Ridgefield, County of

Bergen, New Jersey, which have their mouths at the Hackensack River

at 40 degrees 49 minutes 58 seconds north latitude and 74 degrees

01 minute 46 seconds west longitude, 40 degrees 49 minutes 46

seconds north latitude and 74 degrees 01 minute 55 seconds west

longitude, and 40 degrees 49 minutes 35 seconds north latitude and

74 degrees 02 minutes 04 seconds west longitude, respectively, and

the body of water located at block 4006, lot 1, in the Borough of

Ridgefield, County of Bergen, New Jersey, which has its mouth at

the Hackensack River at 40 degrees 49 minutes 15 seconds north

latitude and 74 degrees 01 minute 52 seconds west longitude, are

declared to be nonnavigable waterways of the United States within

the meaning of the General Bridge Act of 1946 (33 U.S.C. 525 et

seq.) and section 401 of this title.

-SOURCE-

(Pub. L. 100-676, Sec. 54, Nov. 17, 1988, 102 Stat. 4046.)

-REFTEXT-

REFERENCES IN TEXT

The General Bridge Act of 1946, referred to in text, is title V

of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is

classified generally to subchapter III (Sec. 525 et seq.) of

chapter 11 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 525 of this

title and Tables.

-End-

-CITE-

33 USC Sec. 59aa 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59aa. Nonnavigability of Wisconsin River

-STATUTE-

The portion of the Wisconsin River above the hydroelectric dam at

Prairie du Sac, Wisconsin, is hereby declared to be a nonnavigable

waterway of the United States for purposes of title 46, including

but not limited to the provisions of such title relating to vessel

inspection and vessel licensure, and the other maritime laws of the

United States.

-SOURCE-

(Pub. L. 101-595, title III, Sec. 318, Nov. 16, 1990, 104 Stat.

2988.)

-End-

-CITE-

33 USC Sec. 59bb 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59bb. Declaration of nonnavigability for portions of Lake Erie

-STATUTE-

(a) Area to be declared nonnavigable; 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 boundaries of Lake Erie described in

Committee Print 101-48 of the Committee on Public Works and

Transportation of the House of Representatives, dated July 1990,

are not in the public interest then, subject to subsections (b) and

described in such Committee print, are declared to be nonnavigable

waters of the United States.

(b) Limits on applicability; regulatory requirements

The declaration under subsection (a) of this section shall apply

only to those parts of the areas described in the Committee print

referred to 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.].

If, 20 years from November 28, 1990, any area or part thereof

described in the Committee print referred to 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 subsection (b) of this section, or if work

in connection with any activity permitting (!1) in subsection (b)

of this section is not commenced within 5 years after issuance of

such permits, then the declaration of nonnavigability for such area

or part thereof shall expire.

-SOURCE-

(Pub. L. 101-640, title IV, Sec. 408, Nov. 28, 1990, 104 Stat.

4647.)

-REFTEXT-

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, 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.

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 101-640, set out as a note under section 2201 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "permitted".

-End-

-CITE-

33 USC Sec. 59bb-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59bb-1. Declaration of nonnavigability for Lake Erie, New York

-STATUTE-

(a) Area to be declared nonnavigable; 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 boundaries in the portion of Erie County, New

York, described in subsection (b) of this section, are not in the

public interest then, subject to subsection (c) of this section,

those portions of such county that were once part of Lake Erie and

are now filled are declared to be nonnavigable waters of the United

States.

(b) Boundaries

The portion of Erie County, New York, referred to in subsection

(a) of this section is all that tract or parcel of land, situated

in the town of Hamburg and the city of Lackawanna, Erie County, New

York, being part of Lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,

22, 23, 24, and 25 of the Ogden Gore Tract and part of Lots 23, 24,

and 36 of the Buffalo Creek Reservation, Township 10, Range 8 of

the Holland Land Company's Survey and more particularly bounded and

described as follows:

[Omitted.]

The declaration under subsection (a) of this section shall apply

to those parts of the areas described in subsection (b) of this

section that are filled portions of Lake Erie. Any work on these

filled portions shall be subject to all 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 date

If, 20 years from December 11, 2000, any area or part thereof

described in subsection (a) of this section is not occupied by

permanent structures in accordance with the requirements set out in

subsection (c) of this section, or if work in connection with any

activity permitted in subsection (c) of this section is not

commenced within 5 years after issuance of such permits, then the

declaration of nonnavigability for such area or part thereof shall

expire.

-SOURCE-

(Pub. L. 106-541, title III, Sec. 346, Dec. 11, 2000, 114 Stat.

2614.)

-REFTEXT-

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.

-COD-

CODIFICATION

The provisions of subsec. (b) of this section, which contain the

text of the boundary descriptions, have been omitted. Such

provisions appear at 114 Stat. 2614 to 2618.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 2 of Pub.

L. 106-541, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 59cc 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59cc. Declaration of nonnavigability of portion of Hudson

River, New York

-STATUTE-

(a) Declaration of nonnavigability

Subject to subsections (c), (d), and (e) of this section, the

area described in subsection (b) of this section is declared to be

nonnavigable waters of the United States.

(b) Area subject to declaration

The area described in this subsection is the portion of the

Hudson River, New York, described as follows (according to

coordinates and bearings in the system used on the Borough Survey,

Borough President's Office, New York, New York):

Beginning at a point in the United States Bulkhead Line

approved by the Secretary of War, July 31, 1941, having a

coordinate of north 1918.003 west 9806.753;

Running thence easterly, on the arc of a circle curving to the

left, whose radial line bears north 3º-44-20

east, having a radius of 390.00 feet and a central angle of

22º-05-50, 150.41 feet to a point of

tangency;

Thence north 71º-38-30 east, 42.70 feet;

Thence south 11º-05-40 east, 33.46 feet;

Thence south 78º-54-20 west, 0.50 feet;

Thence south 11º-05-40 east, 2.50 feet;

Thence north 78º-54-20 east, 0.50 feet;

Thence south 11º-05-40 east, 42.40 feet to

a point of curvature;

Thence southerly, on the arc of a circle curving to the right,

having a radius of 220.00 feet and a central angle of

16º-37-40, 63.85 feet to a point of compound

curvature;

Thence still southerly, on the arc of a circle curving to the

right, having a radius of 150.00 feet and a central angle of

38º-39-00, 101.19 feet to another point of

compound curvature;

Thence westerly, on the arc of a circle curving to the right,

having a radius of 172.05 feet and a central angle of

32º-32-03, 97.69 feet to a point of curve

intersection;

Thence south 13º-16-57 east, 50.86 feet to

a point of curve intersection;

Thence westerly, on the arc of a circle curving to the left,

whose radial bears north 13º-16-57 west,

having a radius of 6.00 feet and a central angle of 180º<!--

degrees -->-32-31, 18.91 feet to a point of curve intersection;

Thence southerly, on the arc of a circle curving to the left,

whose radial line bears north 75º-37-11

east, having a radius of 313.40 feet and a central angle of

4º-55-26, 26.93 feet to a point of curve

intersection;

Thence south 70º-41-45 west, 36.60 feet;

Thence north 13º-45-00 west, 42.87 feet;

Thence south 76º-15-00 west, 15.00 feet;

Thence south 13º-45-00 east, 44.33 feet;

Thence south 70º-41-45 west, 128.09 feet

to a point in the United States Pierhead Line approved by the

Secretary of War, 1936;

Thence north 63º-08-48 west, along the

United States Pierhead Line approved by the Secretary of War,

1936, 114.45 feet to an angle point therein;

Thence north 61º-08-00 west, still along

the United States Pierhead Line approved by the Secretary of War,

1936, 202.53 feet;

The following three courses being along the lines of George

Soilan Park as shown on map prepared by The City of New York,

adopted by the Board of Estimate, November 13, 1981, Acc.

Nº 30071 and lines of property leased to

Battery Park City Authority and B. P. C. Development Corp;

Thence north 77º-35-20 east, 231.35 feet;

Thence north 12º-24-40 west, 33.92 feet;

Thence north 54º-49-00 east, 171.52 feet

to a point in the United States Bulkhead Line approved by the

Secretary of War, July 31, 1941;

Thence north 12º-24-40 west, along the

United States Bulkhead Line approved by the Secretary of War,

July 31, 1941, 62.26 feet to the point or place of beginning;

(!1)

The declaration made in subsection (a) of this section 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

The declaration made in subsection (a) of this section shall

apply only to those portions of the area described in subsection

(b) of this section which are or will be occupied by permanent

structures (including docking facilities) comprising the proposed

project.

(2) Application of other laws

Notwithstanding subsection (a) of this section, all activities

conducted in the area described in subsection (b) of this section

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

4321 et seq.).

(e) Expiration date

The declaration made in subsection (a) of this section 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) of this section 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) of this

section 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) of this section, commonly referred to as Pier A; and

(2) the area surrounding such structure.

-SOURCE-

(Pub. L. 102-240, title I, Sec. 1078, Dec. 18, 1991, 105 Stat.

2015.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (d)(2)(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.

-FOOTNOTE-

(!1) So in original. The semicolon probably should be a period.

-End-

-CITE-

33 USC Sec. 59dd 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59dd. Declaration of nonnavigability of portions of Cleveland

Harbor, Ohio

-STATUTE-

(a) to (c) Omitted

(d) Area to be declared nonnavigable; public interest

Unless the Secretary of the Army 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 boundaries in the portions of Cleveland

Harbor, Ohio, described below, are not in the public interest then,

subject to subsections (e) and (f) of this section, those portions

of such Harbor, bounded and described as follows, are declared to

be nonnavigable waters of the United States:

Situated in the City of Cleveland, Cuyahoga County and State of

Ohio, T7N, R13W and being more fully described as follows:

Beginning at an iron pin monument at the intersection of the

centerline of East 9th Street (99 feet wide) with the

centerline of relocated Erieside Avenue, N.E., (70 feet wide)

at Cleveland Regional Geodetic Survey Grid System, (CRGS)

coordinates N92,679.734, E86,085.955;

Thence south 56º-06-52 west on the

centerline of relocated Erieside Avenue, N.E., a distance of

89.50 feet to a drill hole set.

Thence north 33º-53-08 west a distance

of 35.00 feet to a drill hole set on the north-westerly

right-of-way line of relocated Erieside Avenue, N.E., said

point being the true place of beginning of the parcel herein

described.

Thence south 56º-06-52 west on the

northwesterly right-of-way line of relocated Erieside Avenue,

N.E., a distance of 23.39 feet to a 5/8 inch re-bar set;

Thence southwesterly on the northwesterly right-of-way line

of relocated Erieside Avenue, N.E., along the arc of a curve to

the left with a radius of 335.00 feet, and whose chord bears

south 42º-36-52 west 156.41 feet, an arc

distance of 157.87 feet to a 5/8 inch re-bar set;

Thence south 29º-06-52 west on the

northwesterly right-of-way line of relocated Erieside Avenue,

N.E., a distance of 119.39 feet to a 5/8 inch re-bar set;

Thence southwesterly on the northwesterly right-of-way of

relocated Erieside Avenue, N.E., along the arc of a curve to

the right with a radius of 665.00 feet, and whose chord bears

south 32º-22-08 west 75.50 feet, an arc

distance of 75.54 feet to a 5/8 inch re-bar set;

Thence north 33º-53-08 west a distance

of 279.31 feet to a drill hole set;

Thence south 56º-06-52 west a distance

of 37.89 feet to a drill hole set;

Thence north 33º-53-08 west a distance

of 127.28 feet to a point;

Thence north 11º-06-52 east a distance

of 225.00 feet to a point;

Thence south 78º-53-08 east a distance

of 150.00 feet to a drill hole set;

Thence north 11º-06-52 east a distance

of 32.99 feet to a drill hole set;

Thence north 33º-53-08 east a distance

of 46.96 feet to a drill hole set;

Thence north 56º-06-52 east a distance

of 140.36 feet to a drill hole set on the southwesterly

right-of-way line of East 9th Street;

Thence south 33º-53-08 east on the

southwesterly right-of-way line of East 9th Street a distance

of 368.79 feet to a drill hole set;

Thence southwesterly along the arc of a curve to the right

with a radius of 40.00 feet, and whose chord bears south

11º-06-52 west 56.57 feet, an arc distance

of 62.83 feet to the true place of beginning containing 174,764

square feet (4.012 acres) more or less.

(e) Limits on applicability; regulatory requirements

The declaration under subsection (d) of this section shall apply

only to those parts of the areas described in subsection (d) 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 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.].

(f) Expiration date

If, 20 years from December 18, 1991, any area or part thereof

described in subsection (d) of this section is not bulkheaded or

filled or occupied by permanent structures, including marina

facilities, in accordance with the requirements set out in

subsection (e) of this section, or if work in connection with any

activity permitted in subsection (e) of this section is not

commenced within 5 years after issuance of such permit, then the

declaration of nonnavigability for such area or part thereof shall

expire.

-SOURCE-

(Pub. L. 102-240, title I, Sec. 1079, Dec. 18, 1991, 105 Stat.

2017.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (e), 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.

-COD-

CODIFICATION

Section is comprised of section 1079 of Pub. L. 102-240.

Subsections (a), (b), and (c) of section 1079 of Pub. L. 102-240

provided for deauthorization of a portion of a project for harbor

modification of Cleveland Harbor which was authorized by section

202(a) of the Water Resources Development Act of 1986, Pub. L.

99-662, title II, Nov. 17, 1986, 100 Stat. 4095, which is not

classified to the Code.

-End-

-CITE-

33 USC Sec. 59ee 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59ee. Portion of Sacramento River Barge Canal declared to not

be navigable waters of United States

-STATUTE-

For purposes of bridge administration, the Sacramento River Barge

Canal, which connects the Sacramento Deep Water Ship Channel with

the Sacramento River in West Sacramento, Yolo County, California,

is declared to not be navigable waters of the United States for

purposes of the General Bridge Act of 1946 (33 U.S.C. 525 et seq.)

from the eastern boundary of the Port of Sacramento to a point

1,200 feet east of the William G. Stone Lock.

-SOURCE-

(Pub. L. 102-241, Sec. 34, Dec. 19, 1991, 105 Stat. 2223.)

-REFTEXT-

REFERENCES IN TEXT

The General Bridge Act of 1946, referred to in text, is title V

of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is

classified generally to subchapter III (Sec. 525 et seq.) of

chapter 11 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 525 of this

title and Tables.

-End-

-CITE-

33 USC Sec. 59ee-1 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59ee-1. Declaration of nonnavigability for portion of

Sacramento Deep Water Ship Channel

-STATUTE-

All waters within such portion of the project are declared to be

nonnavigable waters of the United States solely for the purposes of

the General Bridge Act of 1946 (33 U.S.C. 525 et seq.) and section

401 of this title.

-SOURCE-

(Pub. L. 106-541, title III, Sec. 347(a)(2), Dec. 11, 2000, 114

Stat. 2618.)

-REFTEXT-

REFERENCES IN TEXT

"Such portion of the project", referred to in text, means "The

portion of the project for navigation, Sacramento Deep Water Ship

Channel, California, authorized by section 202(a) of the Water

Resources Development Act of 1986 (100 Stat. 4092), beginning from

the confluence of the Sacramento River and the Barge Canal to a

point 3,300 feet west of the William G. Stone Lock western gate

(including the William G. Stone Lock and the Bascule Bridge and

Barge Canal)." See first sentence of section 347(a)(2) of Pub. L.

106-541, Dec. 11, 2000, 114 Stat. 2618.

The General Bridge Act of 1946, referred to in text, is title V

of act Aug. 2, 1946, ch. 753, 60 Stat. 847, as amended, which is

classified generally to subchapter III (Sec. 525 et seq.) of

chapter 11 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 525 of this

title and Tables.

-COD-

CODIFICATION

Section is comprised of the last sentence of section 347(a)(2) of

Pub. L. 106-541.

-End-

-CITE-

33 USC Sec. 59ff 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59ff. Declaration of nonnavigability for portions of Pelican

Island, Texas

-STATUTE-

(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.

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.

-SOURCE-

(Pub. L. 102-241, Sec. 52, Dec. 19, 1991, 105 Stat. 2228.)

-REFTEXT-

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.

-COD-

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.

-End-

-CITE-

33 USC Sec. 59gg 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59gg. Declaration of nonnavigability for portions of Cuyahoga

County, Ohio

-STATUTE-

(a) Area to be declared nonnavigable; 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 boundaries in the portions of the county of

Cuyahoga, Ohio, described as follows, are not in the public

interest then, subject to subsections (b) and (c) of this section,

those portions of such county, bounded and described as follows,

are declared to be nonnavigable waters of the United States:

Situated in the city of Cleveland, county of Cuyahoga, and

State of Ohio, T7N, R13W, and known as being a part of original

two acre lots numbers 16, 17, 18, 19, and 20 and the northerly

extensions thereof, and being more fully described as follows:

Beginning at the intersection of the centerline of East 9th

Street (99 feet wide) with the centerline of Relocated Erieside

Avenue, N.E. (70 feet wide); thence south 56 degrees 06 minutes

52 seconds west on the centerline of Relocated Erieside Avenue,

N.E., a distance of 112.89 feet to a point; thence north 33

degrees 53 minutes 08 seconds west a distance of 35.00 feet to a

5/8 -inch rebar on the northwesterly right-of-way line of

Relocated Erieside Avenue, N.E.; thence southwesterly on the

northwesterly right-of-way line of Relocated Erieside Avenue,

N.E., along the arc of a curve to the left, with a radius of

335.00 feet and whose chord bears south 42 degrees 36 minutes 52

seconds west 156.41 feet, an arc distance of 157.87 feet to a

5/8 -inch rebar; thence south 29 degrees 06 minutes 52 seconds

west on the northwesterly right-of-way line of Relocated Erieside

Avenue, N.E., a distance of 119.39 feet to a 5/8 -inch rebar;

thence southwesterly on the northwesterly right-of-way line of

Relocated Erieside Avenue, N.E., along the arc of a curve to the

right, with a radius of 665.00 feet and whose chord bears south

39 degrees, 49 minutes 33 seconds west 247.19 feet, an arc

distance of 248.64 feet to a 5/8 -inch rebar and the true place

of beginning of the parcel herein described; thence southwesterly

on the northwesterly right-of-way line of Relocated Erieside

Avenue, N.E., along the arc of a curve to the right, with a

radius of 665.00 feet and whose chord bears south 53 degrees, 17

minutes 33 seconds west 64.05 feet, an arc distance of 64.08 feet

to a 5/8 -rebar set; thence south 56 degrees 03 minutes 30

seconds west on the northwesterly right-of-way line of Relocated

Erieside Avenue, N.E., a distance of 248.38 feet to a 5/8 -rebar

set; thence northwesterly on the northeasterly right-of-way line

of Relocated Erieside Avenue, N.E., along the arc of a curve to

the right, with a radius of 265.00 feet and whose chord bears

north 79 degrees 02 minutes 42 seconds west 374.09 feet, an arc

distance of 415.31 feet to a drill hole set; thence north 34

degrees 08 minutes 55 seconds west on the northeasterly

right-of-way line of Relocated Erieside Avenue, N.E., a distance

of 505.30 feet to a 5/8 -inch rebar set; thence northwesterly on

the northeasterly right-of-way line of Relocated Erieside Avenue,

N.E., along the arc of a curve to the left, with a radius of

112.00 feet and whose chord bears north 40 degrees 32 minutes 41

seconds west 24.95 feet, an arc distance of 25.01 feet to a drill

hole set on the southerly right-of-way line of former Erieside

Avenue, as vacated by city of Cleveland Ordinance No. 1100-87,

passed June 16, 1987; thence northeasterly on the former

right-of-way line along the arc of a curve to the right, with a

radius of 515.00 feet and whose chord bears north 75 degrees 36

minutes 18 seconds east 136.45 feet, an arc distance of 136.85

feet to a 5/8 -inch rebar set; thence north 86 degrees 13

minutes 04 seconds east on said former right-of-way line a

distance of 294.57 feet to a 5/8 -inch rebar set; thence north

52 degrees 57 minutes 23 seconds east on said former right-of-way

line a distance of 56.98 feet to a 5/8 -inch rebar set; thence

south 33 degrees 53 minutes 08 seconds east a distance of 244.65

feet to a 5/8 -inch rebar set; thence south 78 degrees 53

minutes 08 seconds east a distance of 105.04 feet to a 5/8 -inch

rebar set; thence north 56 degrees 06 minutes 52 seconds east a

distance of 70.75 feet to a 5/8 -inch rebar set; thence south 33

degrees 53 minutes 08 seconds east a distance of 274.74 feet to

the true place of beginning containing 325,706 square feet (7.477

acres) more or less.

(b) Limits on applicability; regulatory requirements

The declaration under subsection (a) of this section shall apply

to those parts of the areas 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 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.].

If, 20 years from October 31, 1992, 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 forth in

subsection (b) of this section, or if work in connection with any

activity permitted in subsection (b) of this section is not

commenced within 5 years after issuance of such permits, then the

declaration of nonnavigability for such area or part thereof shall

expire.

-SOURCE-

(Pub. L. 102-580, title III, Sec. 335, Oct. 31, 1992, 106 Stat.

4853.)

-REFTEXT-

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, 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.

-CROSS-

"SECRETARY" DEFINED

Secretary means the Secretary of the Army, see section 3 of Pub.

L. 102-580, set out as a note under section 2201 of this title.

-End-

-CITE-

33 USC Sec. 59hh 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59hh. Declaration of nonnavigability for portion of Pelican

Island, Texas

-STATUTE-

(a) In general

The Secretary of the Army is authorized to convey to the City

(!1) of Galveston, Texas, fee simple absolute title to all or any

part of a parcel of land containing approximately 605 acres known

as the San Jacinto Disposal Area located on the east end of

Galveston Island, Texas, in the W.A.A. Wallace Survey, A-647 and

A-648, City (!1) of Galveston, Galveston County, Texas, being part

of the old Fort San Jacinto site, at the fair market value of such

parcel to be determined in accordance with the provisions of

subsection (d) of this section. Such conveyance shall only be made

by the Secretary of the Army upon the agreement of the Secretary

and the City (!1) 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.

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 (!1) of Galveston

dated October 18, 1973, as amended. Upon conveyance of the parcel,

or any part of the parcel, described in subsection (a) of this

section, the Department of the Army shall be compensated directly

for the present value of the total costs to the Department for

disposal of dredge material and site preparation pursuant to the

LCA, if any,,(!2) 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.

-SOURCE-

(Pub. L. 103-126, title I, Sec. 108, Oct. 28, 1993, 107 Stat. 1320;

Pub. L. 106-53, title V, Sec. 585, Aug. 17, 1999, 113 Stat. 377.)

-REFTEXT-

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 (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.

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-53, Sec. 585(1), inserted "all or

any part of" after "absolute title to" in first sentence.

Subsec. (b). Pub. L. 106-53, Sec. 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, Sec. 585(3), in second sentence,

inserted ", or any part of the parcel," after "parcel" and ", if

any," after "LCA".

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

(!2) So in original.

-End-

-CITE-

33 USC Sec. 59ii 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59ii. Declaration of nonnavigability of a portion of the canal

known as the James River and Kanawha Canal in Richmond, Virginia

-STATUTE-

(a) Canal declared nonnavigable

The portion of the canal known as the James River and Kanawha

Canal in Richmond, Virginia, located between the Great Ship Lock on

the east and the limits of the City of Richmond on the west is

hereby declared to be a nonnavigable waterway of the United States

for purposes of subtitle II of title 46.

(b) Ensuring public safety

The Secretary of Transportation shall provide such technical

advice, information, and assistance as the City of Richmond,

Virginia, or its designee may request to insure that the vessels

operating on the waters declared nonnavigable by subsection (a) of

this section are built, maintained, and operated in a manner

consistent with protecting public safety.

(1) In general

The Secretary of Transportation may terminate the effectiveness

of the declaration made by subsection (a) of this section by

publishing a determination that vessels operating on the waters

declared nonnavigable by subsection (a) of this section have not

been built, maintained, and operated in a manner consistent with

protecting public safety.

(2) Public input

Before making a determination under this subsection, the

Secretary of Transportation shall -

(A) consult with appropriate State and local government

officials regarding whether such a determination is necessary

to protect public safety and will serve the public interest;

and

(B) provide to persons who might be adversely affected by the

determination the opportunity for comment and a hearing on

whether such action is necessary to protect public safety and

will serve the public interest.

-SOURCE-

(Pub. L. 106-32, Sec. 2, June 1, 1999, 113 Stat. 115.)

-MISC1-

FINDINGS

Pub. L. 106-32, Sec. 1, June 1, 1999, 113 Stat. 115, provided

that: "The Congress finds the following:

"(1) The canal known as the James River and Kanawha Canal

played an important part in the economic development of the

Commonwealth of Virginia and the City of Richmond.

"(2) The canal ceased to operate as a functioning waterway in

the conduct of commerce in the late 1800s.

"(3) Portions of the canal have been found by a Federal

district court to be nonnavigable.

"(4) The restored portion of the canal will be utilized to

provide entertainment and education to visitors and will play an

important part in the economic development of downtown Richmond.

"(5) The restored portion of the canal will not be utilized for

general public boating, and will be restricted to activities

similar to those conducted on similar waters in San Antonio,

Texas.

"(6) The continued classification of the canal as a navigable

waterway based upon historic usage that ceased more than 100

years ago does not serve the public interest and is unnecessary

to protect public safety.

"(7) Congressional action is required to clarify that the canal

is no longer to be considered a navigable waterway for purposes

of subtitle II of title 46, United States Code."

-End-

-CITE-

33 USC Sec. 59jj 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 1 - NAVIGABLE WATERS GENERALLY

SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-

Sec. 59jj. Designation of nonnavigability for portions of

Gloucester County, New Jersey

-STATUTE-

(a) Designation

(1) In general

The Secretary of the Army (referred to in section (!1) as the

"Secretary") shall designate as nonnavigable the areas described

in paragraph (3) (!2) unless the Secretary, after consultation

with local and regional public officials (including local and

regional planning organizations), makes a determination that 1 or

more projects proposed to be carried out in 1 or more areas

described in paragraph (2) are not in the public interest.

(2) Description of areas

The areas referred to in paragraph (1) are certain parcels of

property situated in the West Deptford Township, Gloucester

County, New Jersey, as depicted on Tax Assessment Map #26, Block

#328, Lots #1, 1.03, 1.08, and 1.09, more fully described as

follows:

(A) Beginning at the point in the easterly line of Church

Street (49.50 feet wide), said beginning point being the

following 2 courses from the intersection of the centerline of

Church Street with the curved northerly right-of-way line of

Pennsylvania-Reading Seashore Lines Railroad (66.00 feet wide)

(i) along said centerline of Church Street N. 11º<!--

degrees -->2850 E. 38.56 feet; thence

(ii) along the same N. 61º2835 E.

32.31 feet to the point of beginning.

(B) Said beginning point also being the end of the thirteenth

course and from said beginning point runs; thence, along the

aformentioned Easterly line of Church Street -

(i) N. 11º2850 E. 1052.14 feet; thence

(ii) crossing Church Street, N. 34º<!-- degrees

-->1951 W. 1590.16 feet; thence

(iii) N. 27º5637 W. 3674.36 feet;

thence

(iv) N. 35º3354 W. 975.59 feet; thence

(v) N. 57º0439 W. 481.04 feet; thence

(vi) N. 36º2255 W. 870.00 feet to a

point in the Pierhead and Bulkhead Line along the

Southeasterly shore of the Delaware River; thence

(vii) along the same line N. 53º3705

E. 1256.19 feet; thence

(viii) still along the same, N. 86º<!-- degrees

-->1029 E. 1692.61 feet; thence, still along the same the

following thirteenth courses

(ix) S. 67º4420 E. 1090.00 feet to a

point in the Pierhead and Bulkhead Line along the

Southwesterly shore of Woodbury Creek; thence

(x) S. 39º4420 E. 507.10 feet; thence

(xi) S. 31º0138 E. 1062.95 feet;

thence

(xii) S. 34º3420 E. 475.00 feet;

thence

(xiii) S. 32º2028 E. 254.18 feet;

thence

(xiv) S. 52º5549 E. 964.95 feet;

thence

(xv) S. 56º2440 E. 366.60 feet; thence

(xvi) S. 80º3150 E. 100.51 feet;

thence

(xvii) N. 75º3000 E. 120.00 feet;

thence

(xviii) N. 53º0900 E. 486.50 feet;

thence

(xix) N. 81º1800 E. 132.00 feet;

thence

(xx) S. 56º3500 E. 115.11 feet; thence

(xxi) S. 42º0000 E. 271.00 feet;

thence

(xxii) S. 48º3000 E. 287.13 feet to a

point in the Northwesterly line of Grove Avenue (59.75 feet

wide); thence

(xxiii) S. 23º0950 W. 4120.49 feet;

thence

(xxiv) N. 66º5010 W. 251.78 feet;

thence

(xxv) S. 36º0520 E. 228.64 feet;

thence

(xxvi) S. 58º5300 W. 1158.36 feet to a

point in the Southwesterly line of said River Lane; thence

(xxvii) S. 41º3135 E. 113.50 feet;

thence

(xxviii) S. 61º2835 W. 863.52 feet to

the point of beginning.

(C)(i) Except as provided in clause (ii), beginning at a

point in the centerline of Church Street (49.50 feet wide)

where the same is intersected by the curved northerly line of

Pennsylvania-Reading Seashore Lines Railroad right-of-way

(66.00 feet wide), along that Railroad, on a curve to the left,

having a radius of 1465.69 feet, an arc distance of 1132.14

feet -

(I) N. 88º4547 W. 1104.21 feet; thence

(II) S. 69º0630 W. 1758.95 feet;

thence

(III) N. 23º0443 W. 600.19 feet;

thence

(IV) N. 19º1532 W. 3004.57 feet;

thence

(V) N. 44º5241 W. 897.74 feet; thence

(VI) N. 32º2605 W. 2765.99 feet to a

point in the Pierhead and Bulkhead Line along the

Southeasterly shore of the Delaware River; thence

(VII) N. 53º3705 E. 2770.00 feet;

thence

(VIII) S. 36º2255 E. 870.00 feet;

thence

(IX) S. 57º0439 E. 481.04 feet; thence

(X) S. 35º3354 E. 975.59 feet; thence

(XI) S. 27º5637 E. 3674.36 feet;

thence

(XII) crossing Church Street, S. 34º<!-- degrees

-->1951 E. 1590.16 feet to a point in the easterly line of

Church Street; thence

(XIII) S. 11º2850 W. 1052.14 feet;

thence

(XIV) S. 61º2835 W. 32.31 feet; thence

(XV) S. 11º2850 W. 38.56 feet to the

point of beginning.

(ii) The parcel described in clause (i) does not include the

parcel beginning at the point in the centerline of Church

Street (49.50 feet wide), that point being N. 11º<!--

degrees -->2850 E. 796.36 feet, measured along the centerline,

from its intersection with the curved northerly right-of-way

line of Pennsylvania-Reading Seashore Lines Railroad (66.00

feet wide) -

(I) N. 78º2740 W. 118.47 feet; thence

(II) N. 15º4840 W. 120.51 feet; thence

(III) N. 77º5300 E 189.58 feet to a

point in the centerline of Church Street; thence

(IV) S. 11º2850 W. 183.10 feet to the

point of beginning.

(b) Limits on applicability; regulatory requirements

(1) In general

The designation under subsection (a)(1) of this section shall

apply to those parts of the areas described in subsection (a) of

this section that are or will be bulkheaded and filled or

otherwise occupied by permanent structures, including marina

facilities.

(2) Applicable law

All activities described in paragraph (1) shall be subject to

all applicable Federal law, including -

(A) the Act of March 3, 1899 (30 Stat. 1121, chapter 425);

(B) section 1344 of this title; and

4321 et seq.).

If, on the date that is 20 years after November 12, 2001, any

area or portion of an area described in subsection (a)(3) (!3) of

this section is not bulkheaded, filled, or otherwise occupied by

permanent structures (including marina facilities) in accordance

with subsection (b) of this section, or if work in connection with

any activity authorized under subsection (b) of this section is not

commenced by the date that is 5 years after the date on which

permits for the work are issued, the designation of nonnavigability

under subsection (a)(1) of this section for that area or portion of

an area shall terminate.

-SOURCE-

(Pub. L. 107-66, title I, Sec. 107, Nov. 12, 2001, 115 Stat. 494.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 3, 1899, referred to in subsec. (b)(2)(A), is act

Mar. 3, 1899, ch. 425, 30 Stat. 1121, as amended, which enacted

sections 401, 403, 404, 406, 407, 408, 409, 411 to 416, 418, 502,

549, and 687 of this title and amended section 686 of this title.

For complete classification of this Act to the Code, see Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (b)(2)(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.

-FOOTNOTE-

(!1) So in original. Probably should be preceded by "this".

(!2) So in original. Probably should be paragraph "(2)".

(!3) So in original. Probably should be "subsection (a)(2)".

-End-

Descargar

Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Navigation and navigable waters

Te va a interesar