I 

114TH CONGRESS 

2D SESSION H. R. 4858 

To provide a declaration of nonnavigability for the central Delaware River, 

Philadelphia, Pennsylvania, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2016 

Mr. BRADY of Pennsylvania introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure 

A BILL 

To provide a declaration of nonnavigability for the central 

Delaware River, Philadelphia, Pennsylvania, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DECLARATION OF NONNAVIGABILITY, CEN4 TRAL DELAWARE RIVER, PHILADELPHIA, 

5 PENNSYLVANIA. 

6 (a) AREA TO BE DECLARED NONNAVIGABLE.—Sub7 ject to subsection (c), unless the Secretary of the Army 

8 finds, after consultation with local and regional public offi9 cials (including local and regional public planning organi10 zations), that there are substantive objections, those porVerDate Sep 11 2014 21:14 Mar 24, 2016 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4858.IH H4858

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•HR 4858 IH

1 tions of the Delaware River, bounded by the former bulk2 head and pierhead lines that were established by the Sec3 retary of War and successors and described as follows, are 

4 declared to be nonnavigable waters of the United States: 

5 (1) Piers 70 South through 38 South, encom6 passing an area bounded by the southern line of 

7 Moore Street extended to the northern line of Cath8 erine Street extended, including the following piers: 

9 Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 53, 48, 46, 

10 40, and 38. 

11 (2) Piers 24 North through 72 North, encom12 passing an area bounded by the southern line of Cal13 lowhill Street extended to the northern line of East 

14 Fletcher Street extended, including the following 

15 piers: Piers 24, 25, 27–35, 35.5, 36, 37, 38, 39, 49, 

16 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and 

17 Rivercenter. 

18 (b) PUBLIC INTEREST DETERMINATION.—The Sec19 retary shall make the public interest determination under 

20 subsection (a) separately for each proposed project to be 

21 undertaken within the boundaries described in subsection 

22 (a), using reasonable discretion, not later than 150 days 

23 after the date of submission of appropriate plans for the 

24 proposed project. 


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•HR 4858 IH

1 (c) LIMITS ON APPLICABILITY; REGULATORY RE2 QUIREMENTS.—The declaration under subsection (a) shall 

3 apply only to those parts of the areas described in sub4 section (a) that are or will be bulkheaded and filled or 

5 otherwise occupied by permanent structures, including 

6 marina and recreation facilities. All such work is subject 

7 to all applicable Federal statutes and regulations, includ8 ing sections 9 and 10 of the Act of March 3, 1899 (30 

9 Stat. 1151; 33 U.S.C. 401 and 403), commonly known 

10 as the River and Harbors Appropriation Act of 1899, sec11 tion 404 of the Federal Water Pollution Control Act (33 

12 U.S.C. 1344), and the National Environmental Policy Act 

13 of 1969 (42 U.S.C. 4321 et seq.). 

Æ 


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