33 U.S.C. § 59j-1 : US Code - Section 59J-1: Declaration of nonnavigability for portions of the Delaware River

Search 33 U.S.C. § 59j-1 : US Code - Section 59J-1: Declaration of nonnavigability for portions of the Delaware River

(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.].
(c) Expiration date
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.