 |
United States Code (Last Updated: May 24, 2014) |
 |
Title 33. NAVIGATION AND NAVIGABLE WATERS |
|
Chapter 1. NAVIGABLE WATERS GENERALLY |
|
SubChapter II. WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME |
§ 59hh. Declaration of nonnavigability for portion of Pelican Island, Texas
-
(a) In general The Secretary of the Army is authorized to convey to the City in excess of the present value of the total costs that would have been incurred if this conveyance had not been made.
(d) Determination of fair market value The fair market value of the land to be conveyed pursuant to subsections (a) and (b) of this section shall be determined by independent appraisers using the market value method.
(e) Navigational servitude (1) Declaration of nonnavigability; 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 parcel described in subsection (a) of this section are not in the public interest then, subject to paragraphs (2) and (3), such parcel is declared to be nonnavigable waters of the United States.
(2) Limits on applicability; regulatory requirements The declaration under paragraph (1) shall apply only to those parts of the parcel 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 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.].
(3) Expiration date If, 20 years after
October 28, 1993 , any area or part thereof described in subsection (a) of this section is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in paragraph (2), or if work in connection with any activity permitted in paragraph (2) is not commenced within 5 years after issuance of such permits, then the declaration of nonnavigability for such area or part thereof shall expire.(f) Survey and study The 605-acre parcel and the 564-acre parcel shall be surveyed and further legally described prior to conveyance. Not later than 60 days following
October 28, 1993 , if he deems it necessary, the Secretary of the Army shall complete a review of the applicability of section 1344 of this title to the said parcels.
References In Text
The National Environmental Policy Act of 1969, referred to in subsec. (e)(2), is Pub. L. 91–190,
Amendments
1999—Subsec. (a). Pub. L. 106–53, § 585(1), inserted “all or any part of” after “absolute title to” in first sentence.
Subsec. (b). Pub. L. 106–53, § 585(2), amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: “Upon receipt of compensation from the City of Galveston, the Secretary shall convey the parcel as described in subsection (a) of this section. Such compensation shall include—
“(1) conveyance to the Department of the Army of fee simple absolute title to a parcel of land containing approximately 564 acres on Pelican Island, Texas, in the Eneas Smith Survey, A–190, Pelican Island, City of Galveston, Galveston County, Texas, adjacent to property currently owned by the United States. The fair market value of such parcel will be determined in accordance with the provision of subsection (d) of this section; and
“(2) payment to the United States of an amount equal to the difference of the fair market value of the parcel to be conveyed pursuant to subsection (a) of this section and the fair market value of the parcel to be conveyed pursuant to paragraph (1) of this subsection.”
Subsec. (c). Pub. L. 106–53, § 585(3), in second sentence, inserted “, or any part of the parcel,” after “parcel” and “, if any,” after “LCA”.