{"identifier":"/us/usc/t33/s59cc","title":33,"num":"\u00a7\u202f59cc.","heading":"Declaration of nonnavigability of portion of Hudson River, New York","text":"\u00a7\u202f59cc.\nDeclaration of nonnavigability of portion of Hudson River, New York\n(a)\nDeclaration of nonnavigability\nSubject to subsections (c), (d), and (e), the area described in subsection (b) is declared to be nonnavigable waters of the United States.\n(b)\nArea subject to declaration\nThe area described in this subsection is the portion of the Hudson River, New York, described as follows (according to coordinates and bearings in the system used on the Borough Survey, Borough President\u2019s Office, New York, New York):\nBeginning at a point in the United States Bulkhead Line approved by the Secretary of War,\nJuly 31, 1941\nRunning thence easterly, on the arc of a circle curving to the left, whose radial line bears north 3\u00b0\u201344\u2032\u201320\u2032\u2032 east, having a radius of 390.00 feet and a central angle of 22\u00b0\u201305\u2032\u201350\u2032\u2032, 150.41 feet to a point of tangency;\nThence north 71\u00b0\u201338\u2032\u201330\u2032\u2032 east, 42.70 feet;\nThence south 11\u00b0\u201305\u2032\u201340\u2032\u2032 east, 33.46 feet;\nThence south 78\u00b0\u201354\u2032\u201320\u2032\u2032 west, 0.50 feet;\nThence south 11\u00b0\u201305\u2032\u201340\u2032\u2032 east, 2.50 feet;\nThence north 78\u00b0\u201354\u2032\u201320\u2032\u2032 east, 0.50 feet;\nThence south 11\u00b0\u201305\u2032\u201340\u2032\u2032 east, 42.40 feet to a point of curvature;\nThence southerly, on the arc of a circle curving to the right, having a radius of 220.00 feet and a central angle of 16\u00b0\u201337\u2032\u201340\u2032\u2032, 63.85 feet to a point of compound curvature;\nThence still southerly, on the arc of a circle curving to the right, having a radius of 150.00 feet and a central angle of 38\u00b0\u201339\u2032\u201300\u2032\u2032, 101.19 feet to another point of compound curvature;\nThence westerly, on the arc of a circle curving to the right, having a radius of 172.05 feet and a central angle of 32\u00b0\u201332\u2032\u201303\u2032\u2032, 97.69 feet to a point of curve intersection;\nThence south 13\u00b0\u201316\u2032\u201357\u2032\u2032 east, 50.86 feet to a point of curve intersection;\nThence westerly, on the arc of a circle curving to the left, whose radial bears north 13\u00b0\u201316\u2032\u201357\u2032\u2032 west, having a radius of 6.00 feet and a central angle of 180\u00b0\u201332\u2032\u201331\u2032\u2032, 18.91 feet to a point of curve intersection;\nThence southerly, on the arc of a circle curving to the left, whose radial line bears north 75\u00b0\u201337\u2032\u201311\u2032\u2032 east, having a radius of 313.40 feet and a central angle of 4\u00b0\u201355\u2032\u201326\u2032\u2032, 26.93 feet to a point of curve intersection;\nThence south 70\u00b0\u201341\u2032\u201345\u2032\u2032 west, 36.60 feet;\nThence north 13\u00b0\u201345\u2032\u201300\u2032\u2032 west, 42.87 feet;\nThence south 76\u00b0\u201315\u2032\u201300\u2032\u2032 west, 15.00 feet;\nThence south 13\u00b0\u201345\u2032\u201300\u2032\u2032 east, 44.33 feet;\nThence south 70\u00b0\u201341\u2032\u201345\u2032\u2032 west, 128.09 feet to a point in the United States Pierhead Line approved by the Secretary of War, 1936;\nThence north 63\u00b0\u201308\u2032\u201348\u2032\u2032 west, along the United States Pierhead Line approved by the Secretary of War, 1936, 114.45 feet to an angle point therein;\nThence north 61\u00b0\u201308\u2032\u201300\u2032\u2032 west, still along the United States Pierhead Line approved by the Secretary of War, 1936, 202.53 feet;\nThe following three courses being along the lines of George Soilan Park as shown on map prepared by The City of New York, adopted by the Board of Estimate,\nNovember 13, 1981\nThence north 77\u00b0\u201335\u2032\u201320\u2032\u2032 east, 231.35 feet;\nThence north 12\u00b0\u201324\u2032\u201340\u2032\u2032 west, 33.92 feet;\nThence north 54\u00b0\u201349\u2032\u201300\u2032\u2032 east, 171.52 feet to a point in the United States Bulkhead Line approved by the Secretary of War,\nJuly 31, 1941\nThence north 12\u00b0\u201324\u2032\u201340\u2032\u2032 west, along the United States Bulkhead Line approved by the Secretary of War,\nJuly 31, 1941\n1\n1 So in original. The semicolon probably should be a period.\n(c)\nDetermination of public interest\nThe declaration made in subsection (a) shall not take effect if the Secretary of the Army (acting through the Chief of Engineers), using reasonable discretion, finds that the proposed project is not in the public interest\u2014\n(1) before the date which is 120 days after the date of the submission to the Secretary of appropriate plans for the proposed project; and\n(2) after consultation with local and regional public officials (including local and regional public planning organizations).\n(d)\nLimitation on applicability of declaration\n(1)\nAffected area\nThe declaration made in subsection (a) shall apply only to those portions of the area described in subsection (b) which are or will be occupied by permanent structures (including docking facilities) comprising the proposed project.\n(2)\nApplication of other laws\nNotwithstanding subsection (a), all activities conducted in the area described in subsection (b) are subject to all Federal laws which apply to such activities, including\u2014\n(A) sections 401 and 403 of this title;\n(B) section 1344 of this title\n(C) the National Environmental Policy Act of 1969 (\n42 U.S.C. 4321\n(e)\nExpiration date\nThe declaration made in subsection (a) shall expire\u2014\n(1) on the date which is 6 years after\nDecember 18, 1991\n(2) on the date which is 20 years after\nDecember 18, 1991\n(f)\n\u201cProposed project\u201d defined\nFor the purposes of this section, the term \u201cproposed project\u201d means any project for the rehabilitation and development of\u2014\n(1) the structure located in the area described in subsection (b), commonly referred to as Pier A; and\n(2) the area surrounding such structure.","url":"https://projectusc.org/usc/t33/s59cc.html","content":[{"t":"sec","id":"/us/usc/t33/s59cc","children":[{"t":"num","text":"\u00a7\u202f59cc."},{"t":"heading","text":"Declaration of nonnavigability of portion of Hudson River, New York"},{"t":"subsec","id":"/us/usc/t33/s59cc/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Declaration of nonnavigability"},{"t":"content","children":[{"t":"p","text":"Subject to subsections (c), (d), and (e), the area described in subsection (b) is declared to be nonnavigable waters of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s59cc/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Area subject to declaration"},{"t":"content","children":[{"t":"p","text":"The area described in this subsection is the portion of the Hudson River, New York, described as follows (according to coordinates and bearings in the system used on the Borough Survey, Borough President\u2019s Office, New York, New York):","tail":"\n"},{"t":"p","text":"Beginning at a point in the United States Bulkhead Line approved by the Secretary of War, ","children":[{"t":"text","text":"July 31, 1941","tail":", having a coordinate of north 1918.003 west 9806.753;"}],"tail":"\n"},{"t":"p","text":"Running thence easterly, on the arc of a circle curving to the left, whose radial line bears north 3\u00b0\u201344\u2032\u201320\u2032\u2032 east, having a radius of 390.00 feet and a central angle of 22\u00b0\u201305\u2032\u201350\u2032\u2032, 150.41 feet to a point of tangency;","tail":"\n"},{"t":"p","text":"Thence north 71\u00b0\u201338\u2032\u201330\u2032\u2032 east, 42.70 feet;","tail":"\n"},{"t":"p","text":"Thence south 11\u00b0\u201305\u2032\u201340\u2032\u2032 east, 33.46 feet;","tail":"\n"},{"t":"p","text":"Thence south 78\u00b0\u201354\u2032\u201320\u2032\u2032 west, 0.50 feet;","tail":"\n"},{"t":"p","text":"Thence south 11\u00b0\u201305\u2032\u201340\u2032\u2032 east, 2.50 feet;","tail":"\n"},{"t":"p","text":"Thence north 78\u00b0\u201354\u2032\u201320\u2032\u2032 east, 0.50 feet;","tail":"\n"},{"t":"p","text":"Thence south 11\u00b0\u201305\u2032\u201340\u2032\u2032 east, 42.40 feet to a point of curvature;","tail":"\n"},{"t":"p","text":"Thence southerly, on the arc of a circle curving to the right, having a radius of 220.00 feet and a central angle of 16\u00b0\u201337\u2032\u201340\u2032\u2032, 63.85 feet to a point of compound curvature;","tail":"\n"},{"t":"p","text":"Thence still southerly, on the arc of a circle curving to the right, having a radius of 150.00 feet and a central angle of 38\u00b0\u201339\u2032\u201300\u2032\u2032, 101.19 feet to another point of compound curvature;","tail":"\n"},{"t":"p","text":"Thence westerly, on the arc of a circle curving to the right, having a radius of 172.05 feet and a central angle of 32\u00b0\u201332\u2032\u201303\u2032\u2032, 97.69 feet to a point of curve intersection;","tail":"\n"},{"t":"p","text":"Thence south 13\u00b0\u201316\u2032\u201357\u2032\u2032 east, 50.86 feet to a point of curve intersection;","tail":"\n"},{"t":"p","text":"Thence westerly, on the arc of a circle curving to the left, whose radial bears north 13\u00b0\u201316\u2032\u201357\u2032\u2032 west, having a radius of 6.00 feet and a central angle of 180\u00b0\u201332\u2032\u201331\u2032\u2032, 18.91 feet to a point of curve intersection;","tail":"\n"},{"t":"p","text":"Thence southerly, on the arc of a circle curving to the left, whose radial line bears north 75\u00b0\u201337\u2032\u201311\u2032\u2032 east, having a radius of 313.40 feet and a central angle of 4\u00b0\u201355\u2032\u201326\u2032\u2032, 26.93 feet to a point of curve intersection;","tail":"\n"},{"t":"p","text":"Thence south 70\u00b0\u201341\u2032\u201345\u2032\u2032 west, 36.60 feet;","tail":"\n"},{"t":"p","text":"Thence north 13\u00b0\u201345\u2032\u201300\u2032\u2032 west, 42.87 feet;","tail":"\n"},{"t":"p","text":"Thence south 76\u00b0\u201315\u2032\u201300\u2032\u2032 west, 15.00 feet;","tail":"\n"},{"t":"p","text":"Thence south 13\u00b0\u201345\u2032\u201300\u2032\u2032 east, 44.33 feet;","tail":"\n"},{"t":"p","text":"Thence south 70\u00b0\u201341\u2032\u201345\u2032\u2032 west, 128.09 feet to a point in the United States Pierhead Line approved by the Secretary of War, 1936;","tail":"\n"},{"t":"p","text":"Thence north 63\u00b0\u201308\u2032\u201348\u2032\u2032 west, along the United States Pierhead Line approved by the Secretary of War, 1936, 114.45 feet to an angle point therein;","tail":"\n"},{"t":"p","text":"Thence north 61\u00b0\u201308\u2032\u201300\u2032\u2032 west, still along the United States Pierhead Line approved by the Secretary of War, 1936, 202.53 feet;","tail":"\n"},{"t":"p","text":"The following three courses being along the lines of George Soilan Park as shown on map prepared by The City of New York, adopted by the Board of Estimate, ","children":[{"t":"text","text":"November 13, 1981","tail":", Acc. N\u00b0 30071 and lines of property leased to Battery Park City Authority and B. P. C. Development Corp;"}],"tail":"\n"},{"t":"p","text":"Thence north 77\u00b0\u201335\u2032\u201320\u2032\u2032 east, 231.35 feet;","tail":"\n"},{"t":"p","text":"Thence north 12\u00b0\u201324\u2032\u201340\u2032\u2032 west, 33.92 feet;","tail":"\n"},{"t":"p","text":"Thence north 54\u00b0\u201349\u2032\u201300\u2032\u2032 east, 171.52 feet to a point in the United States Bulkhead Line approved by the Secretary of War, ","children":[{"t":"text","text":"July 31, 1941","tail":";"}],"tail":"\n"},{"t":"p","text":"Thence north 12\u00b0\u201324\u2032\u201340\u2032\u2032 west, along the United States Bulkhead Line approved by the Secretary of War, ","children":[{"t":"text","text":"July 31, 1941","tail":", 62.26 feet to the point or place of beginning;\u202f"},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. The semicolon probably should be a period."},{"t":"text","text":"\u202fSo in original. The semicolon probably should be a period."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s59cc/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Determination of public interest"},{"t":"chapeau","text":"The declaration made in subsection (a) shall not take effect if the Secretary of the Army (acting through the Chief of Engineers), using reasonable discretion, finds that the proposed project is not in the public interest\u2014"},{"t":"para","id":"/us/usc/t33/s59cc/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" before the date which is 120 days after the date of the submission to the Secretary of appropriate plans for the proposed project; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s59cc/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" after consultation with local and regional public officials (including local and regional public planning organizations).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s59cc/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Limitation on applicability of declaration"},{"t":"para","id":"/us/usc/t33/s59cc/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Affected area"},{"t":"content","children":[{"t":"p","text":"The declaration made in subsection (a) shall apply only to those portions of the area described in subsection (b) which are or will be occupied by permanent structures (including docking facilities) comprising the proposed project.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s59cc/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Application of other laws"},{"t":"chapeau","text":"Notwithstanding subsection (a), all activities conducted in the area described in subsection (b) are subject to all Federal laws which apply to such activities, including\u2014"},{"t":"subpara","id":"/us/usc/t33/s59cc/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" sections 401 and 403 of this title;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s59cc/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" ","children":[{"t":"ref","text":"section 1344 of this title","href":"/us/usc/t33/s1344","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t33/s59cc/d/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the National Environmental Policy Act of 1969 (","children":[{"t":"ref","text":"42 U.S.C. 4321","href":"/us/usc/t42/s4321","tail":" et seq.)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s59cc/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Expiration date"},{"t":"chapeau","text":"The declaration made in subsection (a) shall expire\u2014"},{"t":"para","id":"/us/usc/t33/s59cc/e/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" on the date which is 6 years after ","children":[{"t":"text","text":"December 18, 1991","tail":", if work on the proposed project to be performed in the area described in subsection (b) is not commenced before such date; or"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s59cc/e/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" on the date which is 20 years after ","children":[{"t":"text","text":"December 18, 1991","tail":", for any portion of the area described in subsection (b) which on such date is not bulkheaded, filled, or occupied by a permanent structure (including docking facilities)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t33/s59cc/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"\u201cProposed project\u201d defined"},{"t":"chapeau","text":"For the purposes of this section, the term \u201cproposed project\u201d means any project for the rehabilitation and development of\u2014"},{"t":"para","id":"/us/usc/t33/s59cc/f/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the structure located in the area described in subsection (b), commonly referred to as Pier A; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t33/s59cc/f/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the area surrounding such structure.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}