[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1659 Introduced in Senate (IS)]

  2d Session
                                S. 1659

  To declare a portion of Queens County, New York, to be nonnavigable 
          waters of the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 1996

  Mr. Moynihan (for himself and Mr. D'Amato) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
  To declare a portion of Queens County, New York, to be nonnavigable 
          waters of the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DECLARATION OF NONNAVIGABILITY FOR PORTION OF QUEENS COUNTY, 
              NEW YORK.

    (a) Description of Nonnavigable Area.--Subject to subsections (b) 
and (c), that portion of Long Island City, Queens County, New York, 
which is not submerged and lies between the existing southerly high 
water line of Anable Basin (also known as the 11th Street Basin) and 
the existing northerly high water line of Newtown Creek and extends 
from the existing high water line 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 Areas Be Improved.--
            (1) In general.--The declaration of nonnavigability under 
        subsection (a) shall apply only to those portions of the areas 
        described in subsection (a) that are or will be bulkhead, 
        filled, or otherwise occupied by permanent structures or other 
        permanent physical improvements (including parklands).
            (2) Applicability of federal law.--The work to meet the 
        requirements of paragraph (1) shall be subject to applicable 
        Federal laws, including--
                    (A) sections 9 and 10 of the Act of March 3, 1899, 
                commonly known as the Rivers and Harbors Appropriation 
                Act of 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 
                (43 U.S.C. 4321 et seq.).
    (c) Expiration Date.--The declaration of nonnavigability under 
subsection (a) shall expire with respect to a portion of an area 
described in subsection (b), if that portion--
            (1) is not 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 enactment of this Act; or
            (2) requires work described in subsection (b)(2) that is 
        subject to a permit under an applicable Federal law, and that 
        work is not commenced by the date that is 5 years after the 
        date of issuance of that permit.
                                 <all>