
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 33USC59dd]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                  CHAPTER 1--NAVIGABLE WATERS GENERALLY
 
       SUBCHAPTER II--WATERS DECLARED NONNAVIGABLE: CHANGE OF NAME
 
Sec. 59dd. Declaration of nonnavigability of portions of 
        Cleveland Harbor, Ohio
        

(a) to (c) Omitted

(d) Area to be declared nonnavigable; public interest

    Unless the Secretary of the Army finds, after consultation with 
local and regional public officials (including local and regional public 
planning organizations), that the proposed projects to be undertaken 
within the boundaries in the portions of Cleveland Harbor, Ohio, 
described below, are not in the public interest then, subject to 
subsections (e) and (f) of this section, those portions of such Harbor, 
bounded and described as follows, are declared to be nonnavigable waters 
of the United States:
        Situated in the City of Cleveland, Cuyahoga County and State of 
    Ohio, T7N, R13W and being more fully described as follows:
            Beginning at an iron pin monument at the intersection of the 
        centerline of East 9th Street (99 feet wide) with the centerline 
        of relocated Erieside Avenue, N.E., (70 feet wide) at Cleveland 
        Regional Geodetic Survey Grid System, (CRGS) coordinates 
        N92,679.734, E86,085.955;
            Thence south 56 deg.-06'-52'' west on the centerline of 
        relocated Erieside Avenue, N.E., a distance of 89.50 feet to a 
        drill hole set.
            Thence north 33 deg.-53'-08'' west a distance of 35.00 feet 
        to a drill hole set on the north-westerly right-of-way line of 
        relocated Erieside Avenue, N.E., said point being the true place 
        of beginning of the parcel herein described.
            Thence south 56 deg.-06'-52'' west on the northwesterly 
        right-of-way line of relocated Erieside Avenue, N.E., a distance 
        of 23.39 feet to a \5/8\ inch re-bar set;
            Thence southwesterly on the northwesterly right-of-way line 
        of relocated Erieside Avenue, N.E., along the arc of a curve to 
        the left with a radius of 335.00 feet, and whose chord bears 
        south 42 deg.-36'-52'' west 156.41 feet, an arc distance of 
        157.87 feet to a \5/8\ inch re-bar set;
            Thence south 29 deg.-06'-52'' west on the northwesterly 
        right-of-way line of relocated Erieside Avenue, N.E., a distance 
        of 119.39 feet to a \5/8\ inch re-bar set;
            Thence southwesterly on the northwesterly right-of-way of 
        relocated Erieside Avenue, N.E., along the arc of a curve to the 
        right with a radius of 665.00 feet, and whose chord bears south 
        32 deg.-22'-08'' west 75.50 feet, an arc distance of 75.54 feet 
        to a \5/8\ inch re-bar set;
            Thence north 33 deg.-53'-08'' west a distance of 279.31 feet 
        to a drill hole set;
            Thence south 56 deg.-06'-52'' west a distance of 37.89 feet 
        to a drill hole set;
            Thence north 33 deg.-53'-08'' west a distance of 127.28 feet 
        to a point;
            Thence north 11 deg.-06'-52'' east a distance of 225.00 feet 
        to a point;
            Thence south 78 deg.-53'-08'' east a distance of 150.00 feet 
        to a drill hole set;
            Thence north 11 deg.-06'-52'' east a distance of 32.99 feet 
        to a drill hole set;
            Thence north 33 deg.-53'-08'' east a distance of 46.96 feet 
        to a drill hole set;
            Thence north 56 deg.-06'-52'' east a distance of 140.36 feet 
        to a drill hole set on the southwesterly right-of-way line of 
        East 9th Street;
            Thence south 33 deg.-53'-08'' east on the southwesterly 
        right-of-way line of East 9th Street a distance of 368.79 feet 
        to a drill hole set;
            Thence southwesterly along the arc of a curve to the right 
        with a radius of 40.00 feet, and whose chord bears south 
        11 deg.-06'-52'' west 56.57 feet, an arc distance of 62.83 feet 
        to the true place of beginning containing 174,764 square feet 
        (4.012 acres) more or less.

(e) Limits on applicability; regulatory requirements

    The declaration under subsection (d) of this section shall apply 
only to those parts of the areas described in subsection (d) of this 
section which are or will be bulkheaded and filled or otherwise occupied 
by permanent structures, including marina facilities. All such work is 
subject to all applicable Federal statutes and regulations, including 
sections 401 and 403 of this title, section 1344 of this title, and the 
National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].

(f) Expiration date

    If, 20 years from December 18, 1991, any area or part thereof 
described in subsection (d) of this section is not bulkheaded or filled 
or occupied by permanent structures, including marina facilities, in 
accordance with the requirements set out in subsection (e) of this 
section, or if work in connection with any activity permitted in 
subsection (e) of this section is not commenced within 5 years after 
issuance of such permit, then the declaration of nonnavigability for 
such area or part thereof shall expire.

(Pub. L. 102-240, title I, Sec. 1079, Dec. 18, 1991, 105 Stat. 2017.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in 
subsec. (e), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, 
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 
42, The Public Health and Welfare. For complete classification of this 
Act to the Code, see Short Title note set out under section 4321 of 
Title 42 and Tables.

                          Codification

    Section is comprised of section 1079 of Pub. L. 102-240. Subsections 
(a), (b), and (c) of section 1079 of Pub. L. 102-240 provided for 
deauthorization of a portion of a project for harbor modification of 
Cleveland Harbor which was authorized by section 202(a) of the Water 
Resources Development Act of 1986, Pub. L. 99-662, title II, Nov. 17, 
1986, 100 Stat. 4095, which is not classified to the Code.
