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§ 59bb-1. Declaration of nonnavigability for Lake Erie, New York
(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 in the portion of Erie County, New York, described in subsection (b) of this section, are not in the public interest then, subject to subsection (c) of this section, those portions of such county that were once part of Lake Erie and are now filled are declared to be nonnavigable waters of the United States.
(b)
Boundaries
The portion of Erie County, New York, referred to in subsection (a) of this section is all that tract or parcel of land, situated in the town of Hamburg and the city of Lackawanna, Erie County, New York, being part of Lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of the Ogden Gore Tract and part of Lots 23, 24, and 36 of the Buffalo Creek Reservation, Township 10, Range 8 of the Holland Land Company’s Survey and more particularly bounded and described as follows:
[Omitted.]
(c)
Limits on applicability; regulatory requirements
The declaration under subsection (a) of this section shall apply to those parts of the areas described in subsection (b) of this section that are filled portions of Lake Erie. Any work on these filled portions shall be subject to all 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 date
If, 20 years from December 11, 2000, any area or part thereof described in subsection (a) of this section is not occupied by permanent structures in accordance with the requirements set out in subsection (c) of this section, or if work in connection with any activity permitted in subsection (c) of this section is not commenced within 5 years after issuance of such permits, then the declaration of nonnavigability for such area or part thereof shall expire.
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