republic-os/legal/us/code/title-33/chapter-1/section-59bb.md

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LegalText	33 U.S.C. § 59bb	Declaration of nonnavigability for portions of Lake Erie	us	united_states_code	code_section	33	NAVIGATION AND NAVIGABLE WATERS	1	NAVIGABLE WATERS GENERALLY	59bb	33 U.S.C. § 59bb	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip	/us/usc/t33/s59bb	data/legal/raw/us/code/title-33/usc33.xml	2a9e1d684a5c58c4a9e9c67d13eeb81cbcd878a1c3a9dd14dbcc5390524a1bb9	de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523	200f99413b330c614919e860b21c76fc59e29595531b5e4ffc56866a7fbd9603	2026-07-04	official	legal us-code

33 U.S.C. § 59bb - Declaration of nonnavigability for portions of Lake Erie

Text

(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) shall apply only to those parts of the areas described in the Committee print referred to in subsection (a) 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) is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in subsection (b), or if work in connection with any activity permitting 11 So in original. Probably should be “permitted”. in subsection (b) is not commenced within 5 years after issuance of such permits, then the declaration of nonnavigability for such area or part thereof shall expire.

(Pub. L. 101–640, title IV, § 408, Nov. 28, 1990, 104 Stat. 4647.)

Notes

Editorial Notes

References in TextThe National Environmental Policy Act of 1969, referred to in subsec. (b), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 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.

Statutory Notes and Related Subsidiaries

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.

“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.