DECLARATION OF NONNAVIGABILITY FOR LAKE ERIE, NEW YORK.

SEC. 346. DECLARATION OF NONNAVIGABILITY FOR LAKE ERIE, NEW YORK. (a) Area to be Declared Nonnavigable; Public Interest.—Unless the Secretary 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 portion of Erie County, New York, described in subsection (b), are not in the public interest then, subject to subsection (c), those portions of such county that were once part of Lake Erie and are now filled are declared to be nonnavigable waters of the United States. (b) Boundaries.—The portion of Erie County, New York, referred to in subsection (a) is all that tract or parcel of land, situated in the town of Hamburg and the city of Lackawanna, Erie County, New York, being part of Lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of the Ogden Gore Tract and part of Lots 23, 24, and 36 of the Buffalo Creek Reservation, Township 10, Range 8 of the Holland Land Company’s Survey and more particularly bounded and described as follows: Beginning at a point on the westerly highway boundary of Hamburg Turnpike (66.0 feet wide), said point being 547.89 feet South 19°36′46″ East from the intersection of the westerly highway boundary of Hamburg Turnpike (66.0 feet wide) and the northerly line of the City of Lackawanna (also being the southerly line of the City of Buffalo); thence South 19°36′46″ East along the westerly highway boundary of Hamburg Turnpike (66.0 feet wide) a distance of 628.41 feet; thence along the westerly highway boundary of Hamburg Turnpike as appropriated by the New York State Department of Public Works as shown on Map No. 40-R2, Parcel No. 44 the following 20 courses and distances: (1) South 10°00′07″ East a distance of 164.30 feet; (2) South 18°40′45″ East a distance of 355.00 feet; (3) South 71°23′35″ West a distance of 2.00 feet; (4) South 18°40′45″ East a distance of 223.00 feet; (5) South 22°29′36″ East a distance of 150.35 feet; (6) South 18°40′45″ East a distance of 512.00 feet; (7) South 16°49′53″ East a distance of 260.12 feet; (8) South 18°34′20″ East a distance of 793.00 feet; (9) South 71°23′35″ West a distance of 4.00 feet; (10) South 18°13′24″ East a distance of 132.00 feet; (11) North 71°23′35″ East a distance of 4.67 feet;114 STAT. 2615 (12) South 18°30′00″ East a distance of 38.00 feet; (13) South 71°23′35″ West a distance of 4.86 feet; (14) South 18°13′24″ East a distance of 160.00 feet; (15) South 71°23′35″ East a distance of 9.80 feet; (16) South 18°36′25″ East a distance of 159.00 feet; (17) South 71°23′35″ West a distance of 3.89 feet; (18) South 18°34′20″ East a distance of 180.00 feet; (19) South 20°56′05″ East a distance of 138.11 feet; (20) South 22°53′55″ East a distance of 272.45 feet to a point on the westerly highway boundary of Hamburg Turnpike. Thence southerly along the westerly highway boundary of Hamburg Turnpike, South 18°36′25″ East, a distance of 2228.31 feet; thence along the westerly highway boundary of Hamburg Turnpike as appropriated by the New York State Department of Public Works as shown on Map No. 27 Parcel No. 31 the following 2 courses and distances: (1) South 16°17′25″ East a distance of 74.93 feet; (2) along a curve to the right having a radius of 1004.74 feet; a chord distance of 228.48 feet along a chord bearing of South 08°12′16″ East, a distance of 228.97 feet to a point on the westerly highway boundary of Hamburg Turnpike. Thence southerly along the westerly highway boundary of Hamburg Turnpike, South 4°35′35″ West a distance of 940.87 feet; thence along the westerly highway boundary of Hamburg Turnpike as appropriated by the New York State Department of Public Works as shown on Map No. 1 Parcel No. 1 and Map No. 5 Parcel No. 7 the following 18 courses and distances: (1) North 85°24′25″ West a distance of 1.00 feet; (2) South 7°01′17″ West a distance of 170.15 feet; (3) South 5°02′54″ West a distance of 180.00 feet; (4) North 85°24′25″ West a distance of 3.00 feet; (5) South 5°02′54″ West a distance of 260.00 feet; (6) South 5°09′11″ West a distance of 110.00 feet; (7) South 0°34′35″ West a distance of 110.27 feet; (8) South 4°50′37″ West a distance of 220.00 feet; (9) South 4°50′37″ West a distance of 365.00 feet; (10) South 85°24′25″ East a distance of 5.00 feet; (11) South 4°06′20″ West a distance of 67.00 feet; (12) South 6°04′35″ West a distance of 248.08 feet; (13) South 3°18′27″ West a distance of 52.01 feet; (14) South 4°55′58″ West a distance of 133.00 feet; (15) North 85°24′25″ West a distance of 1.00 feet; (16) South 4°55′58″ West a distance of 45.00 feet; (17) North 85°24′25″ West a distance of 7.00 feet; (18) South 4°56′12″ West a distance of 90.00 feet. Thence continuing along the westerly highway boundary of Lake Shore Road as appropriated by the New York State Department of Public Works as shown on Map No. 7, Parcel No. 7 the following 2 courses and distances: (1) South 4°55′58″ West a distance of 127.00 feet; (2) South 2°29′25″ East a distance of 151.15 feet to a point on the westerly former highway boundary of Lake Shore Road. Thence southerly along the westerly formerly highway boundary of Lake Shore Road, South 4°35′35″ West a distance 114 STAT. 2616of 148.90 feet; thence along the westerly highway boundary of Lake Shore Road as appropriated by the New York State Department of Public Works as shown on Map No. 7, Parcel No. 8 the following 3 courses and distances: (1) South 55°34′35″ West a distance of 12.55 feet; (2) South 4°35′35″ West a distance of 118.50 feet; (3) South 3°04′00″ West a distance of 62.95 feet to a point on the south line of the lands of South Buffalo Railway Company. Thence southerly and easterly along the lands of South Buffalo Railway Company the following 5 courses and distances: (1) North 89°25′14″ West a distance of 697.64 feet; (2) along a curve to the left having a radius of 645.0 feet; a chord distance of 214.38 feet along a chord bearing of South 40° 16′48″ West, a distance of 215.38 feet; (3) South 30°42′49″ West a distance of 76.96 feet; (4) South 22°06′03″ West a distance of 689.43 feet; (5) South 36°09′23″ West a distance of 30.93 feet to the northerly line of the lands of Buffalo Crushed Stone, Inc. Thence North 87° 13′38″ West a distance of 2452.08 feet to the shore line of Lake Erie; thence northerly along the shore of Lake Erie the following 43 courses and distances: (1) North 16°29′53″ West a distance of 267.84 feet; (2) North 24°25′00″ West a distance of 195.01 feet; (3) North 26°45′00″ West a distance of 250.00 feet; (4) North 31°15′00″ West a distance of 205.00 feet; (5) North 21°35′00″ West a distance of 110.00 feet; (6) North 44°00′53″ West a distance of 26.38 feet; (7) North 33°49′18″ West a distance of 74.86 feet; (8) North 34°26′26″ West a distance of 12.00 feet; (9) North 31°06′16″ West a distance of 72.06 feet; (10) North 22°35′00″ West a distance of 150.00 feet; (11) North 16°35′00″ West a distance of 420.00 feet; (12) North 21°10′00″ West a distance of 440.00 feet; (13) North 17°55′00″ West a distance of 340.00 feet; (14) North 28°05′00″ West a distance of 375.00 feet; (15) North 16°25′00″ West a distance of 585.00 feet; (16) North 22°10′00″ West a distance of 160.00 feet; (17) North 2°46′36″ West a distance of 65.54 feet; (18) North 16°01′08″ West a distance of 70.04 feet; (19) North 49°07′00″ West a distance of 79.00 feet; (20) North 19°16′00″ West a distance of 425.00 feet; (21) North 16°37′00″ West a distance of 285.00 feet; (22) North 25°20′00″ West a distance of 360.00 feet; (23) North 33°00′00″ West a distance of 230.00 feet; (24) North 32°40′00″ West a distance of 310.00 feet; (25) North 27°10′00″ West a distance of 130.00 feet; (26) North 23°20′00″ West a distance of 315.00 feet; (27) North 18°20′04″ West a distance of 302.92 feet; (28) North 20°15′48″ West a distance of 387.18 feet; (29) North 14°20′00″ West a distance of 530.00 feet; (30) North 16°40′00″ West a distance of 260.00 feet; (31) North 28°35′00″ West a distance of 195.00 feet; (32) North 18°30′00″ West a distance of 170.00 feet; (33) North 26°30′00″ West a distance of 340.00 feet; (34) North 32°07′52″ West a distance of 232.38 feet;114 STAT. 2617 (35) North 30°04′26″ West a distance of 17.96 feet; (36) North 23°19′13″ West a distance of 111.23 feet; (37) North 7°07′58″ West a distance of 63.90 feet; (38) North 8°11′02″ West a distance of 378.90 feet; (39) North 15°01′02″ West a distance of 190.64 feet; (40) North 2°55′00″ West a distance of 170.00 feet; (41) North 6°45′00″ West a distance of 240.00 feet; (42) North 0°10′00″ East a distance of 465.00 feet; (43) North 2°00′38″ West a distance of 378.58 feet to the northerly line of Letters Patent dated February 21, 1968 and recorded in the Erie County Clerk’s Office under Liber 7453 of Deeds at Page 45. Thence North 71°23′35″ East along the north line of the aforementioned Letters Patent a distance of 154.95 feet to the shore line; thence along the shore line the following 6 courses and distances (1) South 80°14′01″ East a distance of 119.30 feet; (2) North 46°15′13″ East a distance of 47.83 feet; (3) North 59°53′02″ East a distance of 53.32 feet; (4) North 38°20′43″ East a distance of 27.31 feet; (5) North 68°12′46″ East a distance of 48.67 feet; (6) North 26°11′47″ East a distance of 11.48 feet to the northerly line of the aforementioned Letters Patent. Thence along the northerly line of said Letters Patent, North 71°23′35″ East a distance of 1755.19 feet; thence South 35°27′25″ East a distance of 35.83 feet to a point on the U.S. Harbor Line; thence, North 54°02′35″ East along the U.S. Harbor Line a distance of 200.00 feet; thence continuing along the U.S. Harbor Line, North 50°01′45″ East a distance of 379.54 feet to the westerly line of the lands of Gateway Trade Center, Inc.; thence along the lands of Gateway Trade Center, Inc. the following 27 courses and distances: (1) South 18°44′53″ East a distance of 623.56 feet; (2) South 34°33′00″ East a distance of 200.00 feet; (3) South 26°18′55″ East a distance of 500.00 feet; (4) South 19°06′40″ East a distance of 1074.29 feet; (5) South 28°03′18″ East a distance of 242.44 feet; (6) South 18°38′50″ East a distance of 1010.95 feet; (7) North 71°20′51″ East a distance of 90.42 feet; (8) South 18°49′20″ East a distance of 158.61 feet; (9) South 80°55′10″ East a distance of 45.14 feet; (10) South 18°04′45″ East a distance of 52.13 feet; (11) North 71°07′23″ East a distance of 102.59 feet; (12) South 18°41′40″ East a distance of 63.00 feet; (13) South 71°07′23″ West a distance of 240.62 feet; (14) South 18°38′50″ East a distance of 668.13 feet; (15) North 71°28′46″ East a distance of 958.68 feet; (16) North 18°42′31″ West a distance of 1001.28 feet; (17) South 71°17′29″ West a distance of 168.48 feet; (18) North 18°42′31″ West a distance of 642.00 feet; (19) North 71°17′37″ East a distance of 17.30 feet; (20) North 18°42′31″ West a distance of 574.67 feet; (21) North 71°17′29″ East a distance of 151.18 feet; (22) North 18°42′31″ West a distance of 1156.43 feet; (23) North 71°29′21″ East a distance of 569.24 feet; (24) North 18°30′39″ West a distance of 314.71 feet; (25) North 70°59′36″ East a distance of 386.47 feet;114 STAT. 2618 (26) North 18°30′39″ West a distance of 70.00 feet; (27) North 70°59′36″ East a distance of 400.00 feet to the place or point of beginning. Containing 1,142.958 acres. (c) Limits on Applicability; Regulatory Requirements.—The declaration under subsection (a) shall apply to those parts of the areas described in subsection (b) that are filled portions of Lake Erie. Any work on these filled portions shall be subject to all applicable Federal statutes and regulations, including sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401 and 403), 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.). (d) Expiration Date.—If, 20 years from the date of enactment of this Act, any area or part thereof described in subsection (a) is not occupied by permanent structures in accordance with the requirements set out in subsection (c), or if work in connection with any activity permitted in subsection (c) is not commenced within 5 years after issuance of such permits, then the declaration of nonnavigability for such area or part thereof shall expire.