33 U.S.C. § 59c-3 : US Code - Section 59C-3: Queens County, New York

Search 33 U.S.C. § 59c-3 : US Code - Section 59C-3: Queens County, New York

(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;
(C) the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(c) Expiration date
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.