33 U.S.C. § 59c-2 : US Code - Section 59C-2: East River, New York

Search 33 U.S.C. § 59c-2 : US Code - Section 59C-2: East River, New York

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.