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§ 59j-1. Declaration of nonnavigability for portions of the Delaware River
(a)
Area to be declared non-navigable; 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 in Philadelphia, Pennsylvania, to be undertaken within the boundaries described below, are not in the public interest then, subject to subsections (b) and (c) of this section, those portions of the Delaware River, bounded and described as follows, are declared to be non-navigable waters of the United States:
(b)
Limits on applicability; regulatory requirements
The declaration under subsection (a) of this section shall apply only to those parts of the areas described in subsection (a) of this section 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 necessarily 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 17, 1988, any area or part thereof described in subsection (a) (except 30 years from November 17, 1988, in the case of the area or any part thereof described in subsection (a)(5)) is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in subsection (b) of this section, or if work in connection with any activity permitted in subsection (b) of this section is not commenced within 5 years after issuance of such permits, then the declaration of non-navigability for such area or part thereof shall expire.
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