[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4858 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 4858

 To provide a declaration of nonnavigability for the central Delaware 
       River, Philadelphia, Pennsylvania, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 2016

  Mr. Brady of Pennsylvania introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To provide a declaration of nonnavigability for the central Delaware 
       River, Philadelphia, Pennsylvania, 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, CENTRAL DELAWARE RIVER, 
              PHILADELPHIA, PENNSYLVANIA.

    (a) Area To Be Declared Nonnavigable.--Subject to subsection (c), 
unless the Secretary of the Army finds, after consultation with local 
and regional public officials (including local and regional public 
planning organizations), that there are substantive objections, those 
portions of the Delaware River, bounded by the former bulkhead and 
pierhead lines that were established by the Secretary of War and 
successors and described as follows, are declared to be nonnavigable 
waters of the United States:
            (1) Piers 70 South through 38 South, encompassing an area 
        bounded by the southern line of Moore Street extended to the 
        northern line of Catherine Street extended, including the 
        following piers: Piers 70, 68, 67, 64, 61-63, 60, 57, 55, 53, 
        48, 46, 40, and 38.
            (2) Piers 24 North through 72 North, encompassing an area 
        bounded by the southern line of Callowhill Street extended to 
        the northern line of East Fletcher Street extended, including 
        the following piers: Piers 24, 25, 27-35, 35.5, 36, 37, 38, 39, 
        49, 51-52, 53-57, 58-65, 66, 67, 69, 70-72, and Rivercenter.
    (b) Public Interest Determination.--The Secretary shall make the 
public interest determination under subsection (a) separately for each 
proposed project to be undertaken within the boundaries described in 
subsection (a), using reasonable discretion, not later than 150 days 
after the date of submission of appropriate plans for the proposed 
project.
    (c) Limits on Applicability; Regulatory Requirements.--The 
declaration under subsection (a) shall apply only to those parts of the 
areas described in subsection (a) that are or will be bulkheaded and 
filled or otherwise occupied by permanent structures, including marina 
and recreation facilities. All such work is subject to all applicable 
Federal statutes and regulations, including sections 9 and 10 of the 
Act of March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401 and 403), commonly 
known as the River and Harbors Appropriation Act of 1899, section 404 
of the Federal Water Pollution Control Act (33 U.S.C. 1344), and the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
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