§ 59cc — Declaration Of Nonnavigability Of Portion Of Hudson River, New York

(a) Subject to subsections (c), (d), and (e), the area described in subsection (b) is declared to be nonnavigable waters of the United States. (b) (c) 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— (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 (2) after consultation with local and regional public officials (including local and regional public planning organizations). (1) 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. (2) 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— (A) sections 401 and 403 of this title; (B) section 1344 of this title; and (C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e) The declaration made in subsection (a) shall expire— (1) on the date which is 6 years after December 18, 1991, if work on the proposed project to be performed in the area described in subsection (b) is not commenced before such date; or (2) on the date which is 20 years after December 18, 1991, 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). (f) For the purposes of this section, the term “proposed project” means any project for the rehabilitation and development of— (1) the structure located in the area described in subsection (b), commonly referred to as Pier A; and (2) the area surrounding such structure.