-CITE-
    33 USC CHAPTER 1 - NAVIGABLE WATERS GENERALLY               01/03/2007

-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.                           
    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.                              
    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.                                      
    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.                               
    59w.        Norton Basin and Jamaica Bay, New York.               
    59x.        Exemption from General Bridge Act of 1946.            
    59y.        Declaration of nonnavigability for portions of Coney
                 Island Creek and Gravesend Bay, New York.            
    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.                                                
    59bb-1.     Declaration of nonnavigability for Lake Erie, New
                 York.                                                
    59cc.       Declaration of nonnavigability of portion of Hudson
                 River, New York.                                     
    59dd.       Declaration of nonnavigability of portions of
                 Cleveland Harbor, Ohio.                              
    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.                                       
    59gg.       Declaration of nonnavigability for portions of
                 Cuyahoga County, Ohio.                               
    59hh.       Declaration of nonnavigability for portion of Pelican
                 Island, Texas.                                       
    59ii.       Declaration of nonnavigability of a portion of the
                 canal known as the James River and Kanawha Canal in
                 Richmond, Virginia.                                  
    59jj.       Designation of nonnavigability for portions of
                 Gloucester County, New Jersey.                       
    59kk.       Wateree River.                                        

-End-


-CITE-
    33 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/03/2007

-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                                               01/03/2007

-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                                               01/03/2007

-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                                               01/03/2007

-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                                               01/03/2007

-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                                               01/03/2007

-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;
        (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
          (C) do not impose more than a small burden on interstate or
        foreign commerce; or

        (3) property taxes on vessels or watercraft, other than vessels
      or watercraft that are primarily engaged in foreign commerce if
      those taxes are permissible under the United States Constitution.

-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; Pub. L. 108-176, title VIII, Sec. 829(a), Dec. 12, 2003, 117
    Stat. 2597.)

-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                            
      2003 - Subsec. (b)(3). Pub. L. 108-176 added par. (3).
      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.


-MISC2-
                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Pub. L. 108-176, title VIII, Sec. 829(b), Dec. 12, 2003, 117
    Stat. 2597, provided that: "The amendment made by subsection (a)
    [amending this section] is effective on and after November 25,
    2002."


-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.


-MISC3-
                              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                                               01/03/2007

-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                                               01/03/2007

-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                                               01/03/2007

-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                                               01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                  01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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.

-End-



-CITE-
    33 USC Sec. 26a                                             01/03/2007

-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                                             01/03/2007

-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                                              01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                             01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                             01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                              01/03/2007

-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                                             01/03/2007

-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.
    (c) Preservation of right to alter, amend or repeal section
      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                                             01/03/2007

-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                                             01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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                                           01/03/2007

-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;
          (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.

-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                                             01/03/2007

-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                                             01/03/2007

-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                                           01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                           01/03/2007

-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.].
    (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.

-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                                             01/03/2007

-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                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 1 - NAVIGABLE WATERS GENERALLY
    SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-
    Sec. 59l. 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                                             01/03/2007

-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                                             01/03/2007

-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                                           01/03/2007

-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                                             01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 1 - NAVIGABLE WATERS GENERALLY
    SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-
    Sec. 59o. 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                                             01/03/2007

-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                                             01/03/2007

-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                                           01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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.
    (c) Previously authorized projects
      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                                             01/03/2007

-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                                             01/03/2007

-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                                             01/03/2007

-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.].
    (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.

-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                                             01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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
    (c) of this section, those portions of Lake Erie, bounded 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.].
    (c) Expiration date
      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                                          01/03/2007

-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.]
    (c) Limits on applicability; regulatory requirements
      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                                            01/03/2007

-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 3&#186;<!-- degrees -->-44-20
      east, having a radius of 390.00 feet and a central angle of
      22&#186;<!-- degrees -->-05-50, 150.41 feet to a point of
      tangency;
        Thence north 71&#186;<!-- degrees -->-38-30 east, 42.70 feet;
        Thence south 11&#186;<!-- degrees -->-05-40 east, 33.46 feet;
        Thence south 78&#186;<!-- degrees -->-54-20 west, 0.50 feet;
        Thence south 11&#186;<!-- degrees -->-05-40 east, 2.50 feet;
        Thence north 78&#186;<!-- degrees -->-54-20 east, 0.50 feet;
        Thence south 11&#186;<!-- degrees -->-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 16&#186;<!--
       degrees -->-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
      38&#186;<!-- degrees -->-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 32&#186;<!--
       degrees -->-32-03, 97.69 feet to a point of curve intersection;
        Thence south 13&#186;<!-- degrees -->-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 13&#186;<!-- degrees -->-16-57 west,
      having a radius of 6.00 feet and a central angle of 180&#186;<!--
      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 75&#186;<!-- degrees -->-37-11
      east, having a radius of 313.40 feet and a central angle of
      4&#186;<!-- degrees -->-55-26, 26.93 feet to a point of curve
      intersection;
        Thence south 70&#186;<!-- degrees -->-41-45 west, 36.60 feet;
        Thence north 13&#186;<!-- degrees -->-45-00 west, 42.87 feet;
        Thence south 76&#186;<!-- degrees -->-15-00 west, 15.00 feet;
        Thence south 13&#186;<!-- degrees -->-45-00 east, 44.33 feet;
        Thence south 70&#186;<!-- degrees -->-41-45 west, 128.09 feet
      to a point in the United States Pierhead Line approved by the
      Secretary of War, 1936;
        Thence north 63&#186;<!-- degrees -->-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 61&#186;<!-- degrees -->-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.
      N&#186;<!-- degrees --> 30071 and lines of property leased to
      Battery Park City Authority and B. P. C. Development Corp;
        Thence north 77&#186;<!-- degrees -->-35-20 east, 231.35 feet;
        Thence north 12&#186;<!-- degrees -->-24-40 west, 33.92 feet;
        Thence north 54&#186;<!-- degrees -->-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 12&#186;<!-- degrees -->-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)

    (c) Determination of public interest
      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
          (C) the National Environmental Policy Act of 1969 (42 U.S.C.
        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                                            01/03/2007

-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 56&#186;<!-- degrees -->-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 33&#186;<!-- degrees -->-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 56&#186;<!-- degrees -->-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 42&#186;<!-- degrees -->-36-52 west 156.41 feet, an arc
        distance of 157.87 feet to a  5/8  inch re-bar set;
          Thence south 29&#186;<!-- degrees -->-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 32&#186;<!-- degrees -->-22-08 west 75.50 feet, an arc
        distance of 75.54 feet to a  5/8  inch re-bar set;
          Thence north 33&#186;<!-- degrees -->-53-08 west a distance
        of 279.31 feet to a drill hole set;
          Thence south 56&#186;<!-- degrees -->-06-52 west a distance
        of 37.89 feet to a drill hole set;
          Thence north 33&#186;<!-- degrees -->-53-08 west a distance
        of 127.28 feet to a point;
          Thence north 11&#186;<!-- degrees -->-06-52 east a distance
        of 225.00 feet to a point;
          Thence south 78&#186;<!-- degrees -->-53-08 east a distance
        of 150.00 feet to a drill hole set;
          Thence north 11&#186;<!-- degrees -->-06-52 east a distance
        of 32.99 feet to a drill hole set;
          Thence north 33&#186;<!-- degrees -->-53-08 east a distance
        of 46.96 feet to a drill hole set;
          Thence north 56&#186;<!-- degrees -->-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 33&#186;<!-- degrees -->-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
        11&#186;<!-- degrees -->-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                                            01/03/2007

-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                                          01/03/2007

-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                                            01/03/2007

-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.
    (c) Requirement that areas be improved
      The declaration under subsection (a) of this section shall apply
    only to those parts of the areas described in subsection (a) of
    this section and not described in subsection (b) of this section
    which are or will be bulkheaded and filled or otherwise occupied by
    permanent structures or other permanent physical improvements,
    including marina facilities. All such work is subject to applicable
    Federal statutes and regulations, including sections 401 and 403 of
    this title, section 1344 of this title and the National
    Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].
    (d) Expiration
      If, 20 years from December 19, 1991, any area or part thereof
    described in subsection (a) of this section and not described in
    subsection (b) of this section is not bulkheaded or filled or
    occupied by permanent structures or other permanent physical
    improvements, including marina facilities, in accordance with the
    requirements set out in subsection (c) of this section, or if work
    is not commenced within five years after issuance of any permits
    required to be obtained under subsection (c) of this section, then
    the declaration of nonnavigability for such area or part thereof
    shall expire.

-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                                            01/03/2007

-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.].
    (c) Expiration date
      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                                            01/03/2007

-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.
    (c) Disposition of spoil
      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                                            01/03/2007

-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.
    (c) Termination of declaration
      (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                                            01/03/2007

-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. 11&#186;<!--
          degrees -->2850 E. 38.56 feet; thence
            (ii) along the same N. 61&#186;<!-- degrees -->2835 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 (!3) Easterly line of Church Street - 

            (i) N. 11&#186;<!-- degrees -->2850 E. 1052.14 feet; thence
            (ii) crossing Church Street, N. 34&#186;<!-- degrees --
          >1951 W. 1590.16 feet; thence
            (iii) N. 27&#186;<!-- degrees -->5637 W. 3674.36 feet;
          thence
            (iv) N. 35&#186;<!-- degrees -->3354 W. 975.59 feet; thence
            (v) N. 57&#186;<!-- degrees -->0439 W. 481.04 feet; thence
            (vi) N. 36&#186;<!-- degrees -->2255 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. 53&#186;<!-- degrees -->3705
          E. 1256.19 feet; thence
            (viii) still along the same, N. 86&#186;<!-- degrees --
          >1029 E. 1692.61 feet; thence, still along the same the
          following thirteenth courses
            (ix) S. 67&#186;<!-- degrees -->4420 E. 1090.00 feet to a
          point in the Pierhead and Bulkhead Line along the
          Southwesterly shore of Woodbury Creek; thence
            (x) S. 39&#186;<!-- degrees -->4420 E. 507.10 feet; thence
            (xi) S. 31&#186;<!-- degrees -->0138 E. 1062.95 feet;
          thence
            (xii) S. 34&#186;<!-- degrees -->3420 E. 475.00 feet;
          thence
            (xiii) S. 32&#186;<!-- degrees -->2028 E. 254.18 feet;
          thence
            (xiv) S. 52&#186;<!-- degrees -->5549 E. 964.95 feet;
          thence
            (xv) S. 56&#186;<!-- degrees -->2440 E. 366.60 feet; thence
            (xvi) S. 80&#186;<!-- degrees -->3150 E. 100.51 feet;
          thence
            (xvii) N. 75&#186;<!-- degrees -->3000 E. 120.00 feet;
          thence
            (xviii) N. 53&#186;<!-- degrees -->0900 E. 486.50 feet;
          thence
            (xix) N. 81&#186;<!-- degrees -->1800 E. 132.00 feet;
          thence
            (xx) S. 56&#186;<!-- degrees -->3500 E. 115.11 feet; thence
            (xxi) S. 42&#186;<!-- degrees -->0000 E. 271.00 feet;
          thence
            (xxii) S. 48&#186;<!-- degrees -->3000 E. 287.13 feet to a
          point in the Northwesterly line of Grove Avenue (59.75 feet
          wide); thence
            (xxiii) S. 23&#186;<!-- degrees -->0950 W. 4120.49 feet;
          thence
            (xxiv) N. 66&#186;<!-- degrees -->5010 W. 251.78 feet;
          thence
            (xxv) S. 36&#186;<!-- degrees -->0520 E. 228.64 feet;
          thence
            (xxvi) S. 58&#186;<!-- degrees -->5300 W. 1158.36 feet to a
          point in the Southwesterly line of said River Lane; thence
            (xxvii) S. 41&#186;<!-- degrees -->3135 E. 113.50 feet;
          thence
            (xxviii) S. 61&#186;<!-- degrees -->2835 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. 88&#186;<!-- degrees -->4547 W. 1104.21 feet; thence
            (II) S. 69&#186;<!-- degrees -->0630 W. 1758.95 feet;
          thence
            (III) N. 23&#186;<!-- degrees -->0443 W. 600.19 feet;
          thence
            (IV) N. 19&#186;<!-- degrees -->1532 W. 3004.57 feet;
          thence
            (V) N. 44&#186;<!-- degrees -->5241 W. 897.74 feet; thence
            (VI) N. 32&#186;<!-- degrees -->2605 W. 2765.99 feet to a
          point in the Pierhead and Bulkhead Line along the
          Southeasterly shore of the Delaware River; thence
            (VII) N. 53&#186;<!-- degrees -->3705 E. 2770.00 feet;
          thence
            (VIII) S. 36&#186;<!-- degrees -->2255 E. 870.00 feet;
          thence
            (IX) S. 57&#186;<!-- degrees -->0439 E. 481.04 feet; thence
            (X) S. 35&#186;<!-- degrees -->3354 E. 975.59 feet; thence
            (XI) S. 27&#186;<!-- degrees -->5637 E. 3674.36 feet;
          thence
            (XII) crossing Church Street, S. 34&#186;<!-- degrees --
          >1951 E. 1590.16 feet to a point in the easterly line of
          Church Street; thence
            (XIII) S. 11&#186;<!-- degrees -->2850 W. 1052.14 feet;
          thence
            (XIV) S. 61&#186;<!-- degrees -->2835 W. 32.31 feet; thence
            (XV) S. 11&#186;<!-- degrees -->2850 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. 11&#186;<!--
        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. 78&#186;<!-- degrees -->2740 W. 118.47 feet; thence
            (II) N. 15&#186;<!-- degrees -->4840 W. 120.51 feet; thence
            (III) N. 77&#186;<!-- degrees -->5300 E 189.58 feet to a
          point in the centerline of Church Street; thence
            (IV) S. 11&#186;<!-- degrees -->2850 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
          (C) the National Environmental Policy Act of 1969 (42 U.S.C.
        4321 et seq.).
    (c) Termination of designation
      If, on the date that is 20 years after November 12, 2001, any
    area or portion of an area described in subsection (a)(3) (!4) 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 "aforementioned".

    (!4) So in original. Probably should be "subsection (a)(2)".


-End-



-CITE-
    33 USC Sec. 59kk                                            01/03/2007

-EXPCITE-
    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 1 - NAVIGABLE WATERS GENERALLY
    SUBCHAPTER II - WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME

-HEAD-
    Sec. 59kk. Wateree River

-STATUTE-
      For purposes of bridge administration, the portion of the Wateree
    River in the State of South Carolina, from a point 100 feet
    upstream of the railroad bridge located at approximately mile
    marker 10.0 to a point 100 feet downstream of such bridge, 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.).

-SOURCE-
    (Pub. L. 108-293, title VI, Sec. 610, Aug. 9, 2004, 118 Stat.
    1058.)

-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-