§ 59h. San Francisco, California, Waterfront Area

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. 1968

   River and Harbor Act of 1968

   Pub. L. 90–483 title I § 114 · 82 Stat. 731

   Enacted · 33 U.S.C. § 59h

   Pub. L. 90–483, title I, § 114, Aug. 13, 1968, 82 Stat. 736

   Source evidence

   Code source credit
   Pub. L. 90–483, title I, § 114, Aug. 13, 1968, 82 Stat. 736

   Enacted provision · exact public law section
   Sec. 114. That portion of the Northern Embarcadero area, beginning at the intersection of the northwesterly line of Bryant Street with the southwesterly line of Spear Street, which intersection lies on the line of jurisdiction of the San Francisco Port Authority; following thence westerly and northerly along said line of jurisdiction as described in the State of California Harbor and Navigation Code Section 1770, as amended in 1961, to its intersection with the easterly line of Van Ness Avenue produced northerly; thence northerly along said easterly line of Van Ness Avenue produced to its intersection with the United States Government pier-head line; thence following said pier-head line easterly and southerly to its intersection with the northwesterly line of Bryant Street produced northeasterly; thence southwesterly along said northwesterly line of Bryant Street produced to the point of beginning, is hereby declared to be nonnavigable waters within the meaning of the laws of the United States, and the consent of Congress is hereby given for the filling in of all or any part of the described area. This declaration shall apply only to portions of the above-described area which are bulkheaded and filled or are occupied by permanent pile-supported structures. Plans for bulk heading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers, on the basis of engineering studies to determine the location and structural stability of the bulkheading and filling and permanent pile-supported structures in order to preserve and maintain the remaining navigable waterway. Local interests shall reimburse the Federal Government for any engineering costs incurred under this section.

2. 2020

   Department of Education Appropriations Act, 2021

   Pub. L. 116–260 div. AA title III § 316(a) · 134 Stat. 1182

   Amended · 33 U.S.C. § 59h

   Pub. L. 116–260 amended section generally. Prior to amendment, section related to Northern Embarcadero area, San Francisco, California

   Source evidence

   Code amendment note
   Pub. L. 116–260 amended section generally. Prior to amendment, section related to Northern Embarcadero area, San Francisco, California.

   Enacted provision · exact public law section
   (a) Hold Harmless.— For the purpose of making awards under section 5221 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351) for a fiscal year during the period described in subsection (c), the Secretary of Education and each State educational agency shall treat as eligible to receive a grant under such section— (1) any local educational agency that meets the eligibility requirements described in section 5221(b)(1) of such Act for such fiscal year, in accordance with subsection (d); and (2) notwithstanding such section 5221(b)(1), any local educational agency that does not meet the eligibility requirements described in such section for such fiscal year if— (A) the local educational agency received a grant under section 5221 of such Act for fiscal year 2019; (B) for fiscal year 2019, less than 20 percent of the children ages 5 through 17 years served by the local educational agency were from families with incomes below the poverty line, as determined by data from the Small Area Income and Poverty Estimates of the Bureau of the Census; (C) the award for fiscal year 2019 was based on alternative poverty data submitted by the State to the Secretary despite data being available from the Small Area Income and Poverty Estimates of the Bureau of the Census; and (D) the local educational agency meets the eligibility criteria described in section 5221(b)(1)(A)(ii) of such Act, or has obtained a waiver under section 5221(b)(2) of such Act, for the fiscal year for which the eligibility determination is being made.

2 of 2 references resolved to an enrolled provision