Sec. 38. DECLARATION OF NONNAVIGABILITY FOR PORTIONS OF THE DELAWARE RIVER
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## SEC. 38 DECLARATION OF NONNAVIGABILITY FOR PORTIONS OF THE DELAWARE RIVER ###
(a)Area To Be Declared Non-Navigable; Public Interest Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects in Philadelphia, Pennsylvania, to be undertaken within the boundaries described below, are not in the public interest then, subject to subsections
(b)and
(c)of this section, those portions of the Delaware River, bounded and described as follows, are declared to be non-navigable waters of the United States: ####
(1)Liberty Landing [Omitted] ####
(2)Marina Towers and World Trade Center-Pier 25 North [Omitted] ####
(3)Marine Trade Center-Pier 24 North [Omitted] ####
(4)National Sugar Company “Sugar House” [Omitted] ####
(5)Rivercenter [Omitted] ###
(b)Limits on Applicability; Regulatory Requirement The declaration under subsection
(a)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 9 and 10 of the Act of March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401 and 403), commonly known as the River and Harbors Appropriation Act of 1899, section 404 of the Federal Water Pollution Control Act, and the National Environmental Policy Act of 1969. ###
(c)Expiration Date If, 20 years from the date of the enactmentof this Act, any area or part thereof described in subsection
(a)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)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. Notwithstanding the preceding sentence, the declaration of nonnavigability for the area described in subsection (a)(5), or any part thereof, shall not expire. **[**[33 U.S.C. 59j–1](/us/usc/t33/s59j–1)**]** * * * * * * *
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- 33 USC 59j–1
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Sec. 38
DECLARATION OF NONNAVIGABILITY FOR PORTIONS OF THE DELAWARE RIVER
Cite33 USC 59j–1
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