Sec. 304. Deauthorizations
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The following projects are not authorized after the date of enactment of this Act: The portions of the project for flood protection on Walnut Creek, California, constructed under section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488), consisting of the Walnut Creek project from Sta 0+00 to Sta 142+00 and the upstream extent of the Walnut Creek project along Pacheco Creek from Sta 0+00 to Sta 73+50. The portion of the project for flood protection on Walnut Creek, California, constructed under section 203 of the Flood Control Act of 1960 ( Public Law 86–645 ; 74 Stat. 488), consisting of the culvert constructed by the Department of the Army on San Ramon Creek from Sta 4+27 to Sta 14+27.
Those portions of the project for navigation, Hillsborough (Hillsboro) Bay and River, Florida, authorized by the Act of March 3, 1899 (30 Stat. 1126; chapter 425), that extend on either side of the Hillsborough River from the Kennedy Boulevard bridge to the mouth of the river that cause the existing channel to exceed 100 feet in width. The project carried out pursuant to the authority provided by section 14 of the Flood Control Act of 1946 ( 33 U.S.C. 701r ) to provide shoreline protection for the Kahului Wastewater Reclamation Facility, located on the Island of Maui in the State of Hawaii.
The portion of the project for navigation, Chicago Harbor, Illinois, authorized by the first section of the Act of March 3, 1899 (30 Stat. 1129; chapter 425), and the first section of the Act of March 2, 1919 (40 Stat. 1283; chapter 95), and described as follows: Beginning at the southwest corner of Metropolitan Sanitary District of Greater Chicago sluice gate that abuts the north wall of the Chicago River Lock. Thence running north for approximately 290 feet. Thence running east approximately 1,000 feet.
Thence running south approximately 290 feet. Thence running west approximately 1,000 feet to the point of origin. The portion of the project for navigation, Illinois Waterway and Grand Calumet River, Illinois, authorized by the first section of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved July 24, 1946 (60 Stat. 636; chapter 596), that consists of the Lucas-Berg Pit confined disposal facility, Illinois.
The portion of the project for navigation, Rockland Harbor, Maine, authorized by the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved June 3, 1896 (29 Stat. 202), and described as follows: Beginning at the point in the 14-foot turning basin limit with coordinates N162,927.61, E826,210.16. Thence running north 45 degrees 45 minutes 15.6 seconds east 287.45 feet to a point N163,128.18, E826,416.08.
Thence running south 13 degrees 17 minutes 53.3 seconds east 129.11 feet to a point N163,002.53, E826,445.77. Thence running south 45 degrees 45 minutes 18.4 seconds west 221.05 feet to a point N162,848.30, E826,287.42. Thence running north 44 degrees 14 minutes 59.5 seconds west 110.73 feet to the point of origin. The portion of the project for improving the Corsica River, Maryland, authorized by the first section of the Act entitled An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved July 25, 1912 (37 Stat. 205), and described as follows:
Approximately 2,000 feet of the eastern section of the project channel extending from— centerline station 0+000 (coordinates N506350.60, E1575013.60); to station 2+000 (coordinates N508012.39, E1574720.18). The portions of the project for navigation, Gloucester Harbor and Annisquam River, Massachusetts, authorized by section 2 of the Act entitled An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved of March 2, 1945 (59 Stat. 12; chapter 19), consisting of an 8-foot anchorage area in Lobster Cove, and described as follows:
Beginning at a bend along the easterly limit of the existing project, N3063230.31, E878283.77, thence running northwesterly about 339 feet to a point, N3063478.86, E878053.83, thence running northwesterly about 281 feet to a bend on the easterly limit of the existing project, N3063731.88, E877932.54, thence running southeasterly about 612 feet along the easterly limit of the existing project to the point of origin. Beginning at a bend along the easterly limit of the existing project, N3064065.80, E878031.45, thence running northwesterly about 621 feet to a point, N3064687.05, E878031.13, thence running southwesterly about 122 feet to a point, N3064686.98, E877908.85, thence running southeasterly about 624 feet to a point, N3064063.31, E877909.17, thence running southwesterly about 512 feet to a point, N3063684.73, E877564.56, thence running about 741 feet to a point along the westerly limit of the existing project, N3063273.98, E876947.77, thence running northeasterly about 533 feet to a bend along the westerly limit of the existing project, N3063585.62, E877380.63, thence running about 147 feet northeasterly to a bend along the westerly limit of the project, N3063671.29, E877499.63, thence running northeasterly about 233 feet to a bend along the westerly limit of the existing project, N3063840.60, E877660.29, thence running about 339 feet northeasterly to a bend along the westerly limit of the existing project, N3064120.34, E877852.55, thence running about 573 feet to a bend along the westerly limit of the existing project, N3064692.98, E877865.04, thence running about 113 feet to a bend along the northerly limit of the existing project, N3064739.51, E877968.31, thence running 145 feet southeasterly to a bend along the northerly limit of the existing project, N3064711.19, E878110.69, thence running about 650 feet along the easterly limit of the existing project to the point of origin.
The portion of the project for navigation, Ipswich River, Massachusetts, authorized by the first section of the Act of August 5, 1886 (24 Stat. 317, chapter 929) consisting of a 4-foot channel located at the entrance to the inner harbor at Ipswich Harbor, and described as follows: Lying northwesterly of a line commencing at N3,074,938.09, E837,154.87. Thence running easterly approximately 60 feet to a point with coordinates N3,074,972.62, E837,203.93. The portion of the project for flood protection on the East Fork of the Trinity River, Texas, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1185), that consists of the 2 levees identified as Kaufman County Levees K5E and K5W.
The portion of the project for navigation, Milwaukee Harbor Project, Milwaukee, Wisconsin, known as the Burnham Canal, authorized by the first section of the Act entitled An Act for the protection of commerce on Lake Michigan , approved March 3, 1843 (5 Stat. 619; chapter 85), and described as follows: Beginning at channel point #415a N381768.648, E2524554.836, a distance of about 170.58 feet. Thence running south 53 degrees 43 minutes 41 seconds west to channel point #417 N381667.728, E2524417.311, a distance of about 35.01 feet.
Thence running south 34 degrees 10 minutes 40 seconds west to channel point #501 N381638.761, E2524397.639, a distance of about 139.25 feet. Thence running south 34 degrees 10 minutes 48 seconds west to channel point #503 N381523.557, E2524319.406, a distance of about 235.98 feet. Thence running south 32 degrees 59 minutes 13 seconds west to channel point #505 N381325.615, E2524190.925, a distance of about 431.29 feet. Thence running south 32 degrees 36 minutes 05 seconds west to channel point #509 N380962.276, E2523958.547, a distance of about 614.52 feet.
Thence running south 89 degrees 05 minutes 00 seconds west to channel point #511 N380952.445, E2523344.107, a distance of about 74.68 feet. Thence running north 89 degrees 04 minutes 59 seconds west to channel point #512 N381027.13, E2523342.91, a distance of about 533.84 feet. Thence running north 89 degrees 05 minutes 00 seconds east to channel point #510 N381035.67, E2523876.69, a distance of about 47.86 feet. Thence running north 61 degrees 02 minutes 07 seconds east to channel point #508 N381058.84, E2523918.56, a distance of about 308.55 feet.
Thence running north 36 degrees 15 minutes 29 seconds east to channel point #506 N381307.65, E2524101.05, a distance of about 199.98 feet. Thence running north 32 degrees 59 minutes 12 seconds east to channel point #504 N381475.40, E2524209.93, a distance of about 195.14 feet. Thence running north 26 degrees 17 minutes 22 seconds east to channel point #502 N381650.36, E2524296.36, a distance of about 81.82 feet. Thence running north 88 degrees 51 minutes 05 seconds west to channel point #419 N381732.17, E2524294.72, a distance of about 262.65 feet.
Thence running north 82 degrees 01 minutes 02 seconds east to channel point #415a, the point of origin. The portion of the project for navigation, Manitowoc River, Manitowoc, Wisconsin, authorized by the Act of August 30, 1852 (10 Stat. 58; chapter 104), and described as follows: The triangular area bound by— 44.09893383N and 087.66854912W; 44.09900535N and 087.66864372W; and 44.09857884N and 087.66913123W. Subject to paragraph (2), the portion of the project for navigation, Seward Harbor, Alaska, identified as Tract H, Seward Original Townsite, Waterfront Park Replat, Plat No 2012–4, Seward Recording District, shall not be subject to navigation servitude beginning on the date of enactment of this Act.
The Federal Government may enter upon the property referred to in paragraph
(1)to carry out any required operation and maintenance of the general navigation features of the project referred to in paragraph (1). With respect to the properties described in paragraph (2), beginning on the date of enactment of this Act, the flowage easement identified as Tract 1200E–6 on the Easement Deed recorded as Instrument No. 740320 is extinguished above elevation 79.39 feet (NGVD 29), the ordinary high water line. The properties described in this paragraph, as recorded in Hood River County, Oregon, are as follows: Instrument Number 2010–1235. Instrument Number 2010–02366. Instrument Number 2010–02367. Parcel 2 of Partition Plat 2011–12P. Parcel 1 of Partition Plat 2005–26P. With respect to the properties described in paragraph (2), the flowage easement is extinguished if the elevation of the property is above the standard project flood elevation. The United States shall not be liable for any injury caused by the extinguishment of the easement under this subsection. Nothing in this subsection affects the remaining rights and interests of the Corps of Engineers for authorized project purposes.
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11 references not yet in our index
- Pub. L. 86-645
- 74 Stat. 488
- 30 Stat. 1126
- 30 Stat. 1129
- 40 Stat. 1283
- 60 Stat. 636
- 37 Stat. 205
- 59 Stat. 12
- 24 Stat. 317
- 76 Stat. 1185
- 10 Stat. 58
Citation graph
cites case law
Sec. 304
Deauthorizations
Pub. L.Pub. L. 86-645
Stat.74 Stat. 488
Stat.30 Stat. 1126
Stat.30 Stat. 1129
Stat.40 Stat. 1283
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