§ 59ff. Declaration of nonnavigability for portions of Pelican Island, Texas

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1991

   Coast Guard Authorization Act of 1991

   Pub. L. 102–241 § 52 · 105 Stat. 2208

   Enacted · 33 U.S.C. § 59ff

   (Pub. L. 102–241, § 52, Dec. 19, 1991, 105 Stat. 2228.)

   Source evidence

   Code source credit
   (Pub. L. 102–241, § 52, Dec. 19, 1991, 105 Stat. 2228.)

   Enacted provision · exact public law section
   SEC. 52. DECLARATION OF NONNA VIGABILITY FOR PORTIONS OF PELICAN ISLAND, TEXAS. (a) Subject to the provisions of subsections (b), (c), and (d) of this section, those portions of Pelican Island, Texas, which are not submerged and which are within the following property descriptions, are declared to be nonnavigable waters of the United States: (1) A 1,903.6655 acre tract of land situated in Galveston County, Texas, within the Galveston City Limits and on Pelican Island and being more particularly described by metes and bounds as follows, with all control referred to the Texas State Plane Coordinate System, Lambert Projection, South Central Zone: Beginning at a United States Corps of Engineers concrete monument with a brass cap, being Corps of Engineers station 40+00 and being located on the southwesterly line of a United States Government Reservation and having Texas State Plane Coordinate Value of X=3,340,636.67, Y = 568,271.91; thence south 57 degrees 00 minutes 04 seconds east, 501.68 feet to a point for corner; thence north 37 degrees 18 minutes 11 seconds east, 2,802.65 feet to a point for corner; thence north 79 degrees 03 minutes 47 seconds east, 798.87 feet to a point for corner; thence north 15 degrees 34 minutes 53 seconds east, 2,200.00 feet to a point for comer located on the north harbor line of Pelican Island; thence along said north harbor line south 63 degrees 00 minutes 45 seconds east 306.04 feet to a point for comer; thence leaving said harbor line south 15 degrees 34 minutes 53 seconds west, at 1,946.05 feet past the northwesterly comer of Seawolf Park, in all a total distance of 2,285.87 feet to the southwesterly comer of Seawolf Park; thence along the southeasterly line of said Seawolf Park, south 74 degrees 25 minutes 07 seconds east, 421.01 feet to a point for comer; thence continuing along said line south 65 degrees 12 minutes 37 seconds east, 93.74 feet to a point for comer; thence south 63 degrees 00 minutes 45 seconds east, 800.02 feet to a point for comer on Galveston Channel Harbor Line; thence along said Galveston Channel Harbor Line as follows: south 15 degrees 14 minutes 01 second west, 965.95 feet to a point, south 74 degrees 26 minutes 20 seconds east, 37.64 feet to a point, south 15 degrees 33 minutes 40 seconds west, 2,779.13 feet to a point, south 36 degrees 18 minutes 31 seconds west, 1,809.93 feet to a point, south 36 degrees 24 minutes 57 seconds west, 190.98 feet to a point, south 40 degrees 37 minutes 46 seconds west, 558.04 feet to a point, south 49 degrees 02 minutes 41 seconds west, 558.16 feet to a point, south 53 degrees 15 minutes 03 seconds west, 1,557.49 feet to a point, south 55 degrees 34 minutes 51 seconds west, 455.45 feet to a point, south 60 degrees 14 minutes 23 seconds west, 455.37 feet to a point, south 62 degrees 34 minutes 14 seconds west, 426.02 feet to a point, south 68 degrees 11 minutes 32 seconds west, 784.25 feet to a point, south 79 degrees 26 minutes 20 seconds west, 784.21 feet to a point, south 85 degrees 03 minutes 42 seconds west, 761.77 feet to a point, south 86 degrees 42 minutes 35 seconds west, 1,092.97 feet to a point, north 89 degrees 59 minutes 40 seconds west, 827.53 feet to a point, north 88 degrees 20 minutes 24 seconds west, 1,853.01 feet to a point, south 62 degrees 11 minutes 55 seconds west, 45.94 feet to a point, north 88 degrees 04 minutes 15 seconds west, 653.80 feet to a point, and north 78 degrees 19 minutes 36 seconds west, 1,871.96 feet to a point for corner located on the Mean High Water Line (0.88 foot contour line, above sea level datum); thence leaving said Harbor Line and following the meanders of said Mean High Water Line along Galveston Bay as follows: north 26 degrees 26 minutes 35 seconds west, 1,044.28 feet to a point, north 25 degrees 25 minutes 56 seconds east, 242.71 feet to a point, north 16 degrees 42 minutes 01 second west, 270.77 feet to a point, north 10 degrees 04 minutes 05 seconds west, 508.36 feet to a point, north 11 degrees 21 minutes 01 second west, 732.39 feet to a point, north 03 degrees 45 minutes 31 seconds west, 446.34 feet to a point, north 03 degrees 08 minutes 15 seconds west, 566.01 feet to a point, north 02 degrees 48 minutes 50 seconds west, 288.02 feet to a point, north 06 degrees 53 minutes 40 seconds west, 301.48 feet to a point, north 19 degrees 04 minutes 56 seconds east, 407.38 feet to a point, north 12 degrees 28 minutes 05 seconds east, 346.79 feet to a point, north 01 degrees 30 minutes 23 seconds east, 222.91 feet to a point, and north 08 degrees 08 minutes 07 seconds east, 289.74 feet to a point for corner; thence leaving said Mean High Water Line north 84 degrees 43 minutes 15 seconds east 10,099.75 feet to the point of beginning and containing 1,903.6655 acres of land. (2) All of that certain tract of 206.6116 acres of land, being part of and out of Pelican Island, in the City of Galveston, Galveston County, Texas, and being more particularly described by metes and bounds as follows: Beginning at the most northwesterly comer of the Pelican Spit Military Reservation, as described in the Deed from the City of Galveston unto the United States of America, dated April 29, 1907, and recorded in Book 221, at Page 416 of the Office of the County Clerk of Galveston County, Texas, said point being Pelican Island Coordinates N = 15,171.20 and E= 11,533.92; thence north 29 degrees 11 minutes 52 seconds east, a distance of 100.00 feet to a 2-inch iron pipe for corner, said comer being the most southerly corner of the herein described tract, and place of beginning: thence north 60 degrees 48 minutes 08 seconds west, a distance of 3,000.00 feet to a 2-inch iron pipe for corner; thence north 29 degrees 11 minutes 52 seconds east, a distance of 3,000.00 feet to a point for comer; thence south 60 degrees 48 minutes 08 seconds east, a distance of 3,000.00 feet to a point for comer; thence south 29 degrees 11 minutes 52 seconds west, a distance of 3,000.00 feet to the place of beginning, containing 206.6116 acres. (3) Beginning at point “H” (point “H” is also known as point “3” on Pelican Island Harbor Line), the coordinates of which are South 8,827.773 meters and East 11,483.592 meters, on Pelican Island proposed harbor line; thence with harbor line north 61 degrees west 800 feet; thence south 17 degrees 35 minutes 38 seconds west 2,200 feet; thence south 61 degrees east 800 feet to proposed harbor line; thence with proposed harbor line north 17 degrees 35 minutes 38 seconds east to the place of beginning and containing 39.88 acres, more or less, together with all buildings, utilities, and improvements thereon. (4) Beginning at a point in the westerly property line of the tract described in paragraph (3), said point being 285.00 feet bearing north 17 degrees 35 minutes 38 seconds east from the southwest corner of said tract; thence north 72 degrees 24 minutes 22 seconds west, a distance of 346.00 feet; thence north 14 degrees 58 minutes 09 seconds east, a distance of 610.00 feet; thence south 72 degrees 24 minutes 22 seconds east, a distance of 374.00 feet; thence south 17 degrees 35 minutes 38 seconds west, a distance of 609.36 feet to the point of beginning and containing 5.036 acres of land, more or less. (5) Beginning at the southwest corner of the tract described in paragraph (3); thence north 63 degrees 11 minutes 52 seconds west, a distance of 93.74 feet to a point for corner; thence north 72 degrees 24 minutes 22 seconds west, a distance of 421.01 feet to a point for corner; thence north 17 degrees 35 minutes 38 seconds east, a distance of 339.82 feet to a point for corner; thence south 82 degrees 24 minutes 22 seconds east, a distance of 86.03 feet to a point for corner; thence north 77 degrees 11 minutes 26 seconds east, a distance of 89.12 feet to a point for comer in the westerly line of the tract described in paragraph (4); thence south 14 degrees 58 minutes 09 seconds west, with said westerly line, a distance of 130.00 feet to a point for comer, the southwest comer of the tract described in paragraph (4); . thence south 72 degrees 24 minutes 22 seconds east, with the southerly line of the tract described in paragraph (4), a distance of 346.00 feet to a point for corner, the southeast corner of the tract described in paragraph (4); thence south 17 degrees 35 minutes 38 seconds west, with the westerly line of the tract described in paragraph (3), a distance of 285.00 feet to a point of beginning, containing 3.548 acres of land, more or less. (b) Notwithstanding the declaration under subsection (a), the following portions of Pelican Island, Texas, within those lands described in subsection (a) shall remain navigable waters of the United States: (1) Out of the Eneas Smith Survey, A–190, on Pelican Island, the 2.7392 acre tract, the 3.2779 acre tract, and the 2.8557 acre tract described in the Perpetual Easements dated May 9, 1975, from Mitchell Development Corporation of the Southwest to the United States, recorded on pages 111 through 122 of Book 2571 of the Real Property Records in the Office of the County Clerk of Galveston County, Texas. (2) Out of the Eneas Smith Survey, A–190, on Pelican Island, the 1.8361 acre tract of land described in Exhibit “B” of the Specific Location of Pipeline Easement dated July 30, 1975, by and between the Mitchell Development Corporation of the Southwest, the United States of America, and Chase Manhattan Bank (National Association), recorded on pages 9 through 14 of Book 2605 of the Real Property Records in the Office of the County Clerk of Galveston County, Texas. (3) For each of the four tracts of land described in paragraphs (1) and (2) of this subsection, a 40-foot wide strip of land along, adjacent and parallel to, and extending the full length of, the easterly boundary line of the tract and a 40-foot wide strip of land along, adjacent and parallel to, and extending the full length of, the westerly boundary line of the tract. (c) The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) of this section and not described in subsection (b) of this section which are or will be bulkheaded and filled or otherwise occupied by permanent structures or other permanent physical improvements, including marina facilities. All such work is subject to applicable Federal statutes and regulations, including sections 9 and 10 of the Act of March 3, 1899 (commonly referred to as the “Rivers and Harbors Appropriation Act of 1899” (33 U.S.C. 401 and 403)), section 404 of the Federal Water Pollution Control Act and the National Environmental Policy Act of 1969. (d) If, 20 years from the date of the enactment of this Act, any area or part thereof described in subsection (a) of this section and not described in subsection (b) of this section is not bulkheaded or filled or occupied by permanent structures or other permanent physical improvements, including marina facilities, in accordance with the requirements set out in subsection (c) of this section, or if work is not commenced within five years after issuance of any permits required to be obtained under subsection (c), then the declaration of nonnavigability for such area or part thereof shall expire.

1 of 1 references resolved to an enrolled provision