§ 59ff. Declaration of nonnavigability for portions of Pelican Island, Texas

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(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), the following portions of Pelican Island, Texas, within those lands described in subsection

(a)shall remain navigable waters of the United States:

(1)to

(3)Omitted.

(c)Requirement that areas be improved The declaration under subsection

(a)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), then the declaration of nonnavigability for such area or part thereof shall expire.

(Pub. L. 102–241, § 52, Dec. 19, 1991, 105 Stat. 2228.)

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Public Law 102–241
To authorize for fiscal year 1992 the United States Coast Guard Budget

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U.S. Code

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Pub. L. 102–241, § 52
105 Stat. 2228
Pub. L. 91–190
83 Stat. 852

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§ 59ff

Declaration of nonnavigability for portions of Pelican Island, Texas

Stat.×1

U.S.C.§ 1344

U.S.C.§ 4321

Pub. L.Pub. L. 102–241, § 52

Stat.105 Stat. 2228

Pub. L.Pub. L. 91–190

Stat.83 Stat. 852

Cites 6Cited by 1 across 1 source