{"identifier":"/us/usc/t33/s59bb","title":33,"num":"\u00a7\u202f59bb.","heading":"Declaration of nonnavigability for portions of Lake Erie","text":"\u00a7\u202f59bb.\nDeclaration of nonnavigability for portions of Lake Erie\n(a)\nArea to be declared nonnavigable; public interest\nUnless 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\u201348 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.\n(b)\nLimits on applicability; regulatory requirements\nThe 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,\nsection 1344 of this title\n42 U.S.C. 4321\n(c)\nExpiration date\nIf, 20 years from\nNovember 28, 1990\n1\n1 So in original. Probably should be \u201cpermitted\u201d.","url":"https://projectusc.org/usc/t33/s59bb.html","content":[{"t":"sec","id":"/us/usc/t33/s59bb","children":[{"t":"num","text":"\u00a7\u202f59bb."},{"t":"heading","text":"Declaration of nonnavigability for portions of Lake Erie"},{"t":"subsec","id":"/us/usc/t33/s59bb/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Area to be declared nonnavigable; public interest"},{"t":"content","children":[{"t":"p","text":"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\u201348 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s59bb/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Limits on applicability; regulatory requirements"},{"t":"content","children":[{"t":"p","text":"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, ","children":[{"t":"ref","text":"section 1344 of this title","href":"/us/usc/t33/s1344","tail":", and the National Environmental Policy Act of 1969 ["},{"t":"ref","text":"42 U.S.C. 4321","href":"/us/usc/t42/s4321","tail":" et seq.]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s59bb/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Expiration date"},{"t":"content","children":[{"t":"p","text":"If, 20 years from ","children":[{"t":"text","text":"November 28, 1990","tail":", 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\u202f"},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be \u201cpermitted\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201cpermitted\u201d.","tail":" 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}