Page:United States Statutes at Large Volume 110 Part 5.djvu/708

 110 STAT. 3782 PUBLIC LAW 104-303—OCT. 12, 1996 commensurate with the long-term dredged material disposal needs of port facilities under the jurisdiction of the Port of New York- New Jersey. Such facility may be a near-shore dredged material disposal facility along the Brooklyn waterfront. (b) COST SHARING. —The costs associated with feasibility studies, design, engineering, and construction under this section shall be shared with the non-Federal interest in accordance with section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211). (c) PUBLIC BENEFIT. — After the facility constructed under subsection (a) has been filled to capacity with dredged material, the Secretary shall maintain the facility for the public benefit. 33 USC 59c-3. SEC. 556. QUEENS COUNTY, NEW YORK. (a) DESCRIPTION OF NONNAVIGABLE AREA. — Subject to subsections (b) and (c), the area of Long Island City, Queens County, New York, that— (1) is not submerged; (2) as of the date of the enactment of this Act, lies between the southerly high water line of Anable Basin (also known as the "11th Street Basin") and the northerly high water line of Newtown Creek; and (3) extends from the high water line (as of such date of enactment) of the East River to the original high water line of the East River; is declared to be nonnavigable waters of the United States. (b) REQUIREMENT THAT AREA BE IMPROVED.— Applicability. (1) IN GENERAL.— The declaration of nonnavigability under subsection (a) shall apply only to those portions of the area described in subsection (a) that are, or will be, bulkheaded, filled, or otherwise occupied by permanent structures or other permanent physical improvements (including parkland). (2) APPLICABILITY OF FEDERAL LAW.— Improvements described in paragraph (1) shall be subject to applicable Federal laws, including— (A) sections 9 and 10 of the Act entitled "An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes", approved March 3, 1899 (33 U.S.C. 401 and 403); (B) section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); and (C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (c) EXPIRATION DATE.—The declaration of nonnavigability under subsection (a) shall expire with respect to a portion of the area described in subsection (a), if the portion— (1) is not bulkheaded, filled, or otherwise occupied by a permanent structure or other permanent physical improvement (including parkland) in accordance with subsection (b) by the date that is 20 years after the date of the enactment of this Act; or (2) requires an improvement described in subsection (b)(2) that is subject to a permit under an applicable Federal law, and the improvement is not commenced by the date that is 5 years after the date of issuance of the permit.

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