Page:United States Statutes at Large Volume 79.djvu/1134

 1094

76 Stat. 1174.

22 USC 275a. E a s t River, N.Y., nonnavigable.

River R a i s i n, Mich., nonnavigable.

Remedial works. 33 USC 633.

PUBLIC LAW 89-298-OCT. 27, 1965

[79 STAT.

to Old Tampa Bay, in the vicinity of Howard Frankland Bridge, for navigation, flood control, and related purposes. San Francisco County, California (beach erosion). Lake Michigan Shoreline, Milwaukee County, Wisconsin (beach erosion). Indian Eiver County, Florida (beach erosion). Marquette County, Michigan (comprehensive). SEC. 305. The first proviso in the paragraph which begins "James River, Virginia:" in section 101 of the River and Harbor Act of 1962 (Public Law 87-874) is amended by striking out "after a period of five years from the date of approval of this Act unless the Governor of Virginia has endorsed the project within that time" and inserting in lieu thereof "October 23, 1971, unless the Governor of Virginia has endorsed the project by that date". SFX:. 306. Section 107 of the River and Harbor Act of 1948 (62 Stat. 1174) is amended by striking out "$5,000" and inserting in lieu thereof "$22,000". SEC. 307. That portion of the East River, in New York County, State of New York, lying between the south line of East Seventeenth Street, extended eastwardly, the United States pierhead line as it existed on July 1, 1965, and the south line of East Thirtieth Street, extended eastwardly, is hereby declared to be not a navigable water of the United States within the meaning of the Constitution and the laws of the United States. SEC. 308. The old channel of the River Raisin in Monroe County, Michigan, lying between the Monroe Harbor range front light and Raisin Point, its entrance into Lake Erie, is declared to be not a navigable stream of the United States within the meaning of the Constitution and the laws of the United States, and the consent of Congress is hereby given for the filling in of the old channel by the riparian owners on such channel. SEC. 309. Section 111 of the River and Harbor Act of 1958 (72 Stat. 303) is amended to read as follows: "SEC. 111. Whenever, during the construction or reconstruction of any navigation, flood control, or related water development project under the direction of the Secretary of the Army, the Chief of Engineers determines that any structure or facility owned by an agency of government and utilized in the performance of a governmental function should be protected, altered, reconstructed, relocated, or replaced to meet the requirements of navigation or flood control, or both; or to preserve the safety or integrity of such facility when its safety or usefulness is determined by the Chief of Engineers to be adversely affected or threatened by the project, the Chief of Engineers may, if lie deems such action to be in the public interest, enter into a contract providing for (1) the payment from appropriations made for the construction or maintenance of such project, of the reasonable cost of replacing, relocating, or reconstructing such facility to such standard as he deems reasonable but not to exceed the minimum standard of the State or political subdivision for the same type of facility involved, except that if the existing: facility exceeds the minimum standard of the State or political subdivision, the Chief of Engineers may provide a facility of comparable standard, or (2) the payment of a lump sum representing the estimated reasonable cost thereof. This section shall not be construed as modifying any existing or future requirement of local cooperation, or as indicating a policy that local interests shall not hereafter be required to assume costs of modifying such facilities. The provisions of this section may be applied to projects hereafter authorized and to those heretofore authorized but not completed as of July 3, 1958, and notwithstanding the navigation servitude vested

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