Page:United States Statutes at Large Volume 105 Part 3.djvu/133

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PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 2017 (acting through the Chief of Engineers), using reasonable discretion, hnds that the proposed project is not in the public interest— (1) before the date which is 120 days after the date of the submission to the Secretary of appropriate plans for the proposed project; and (2) after consultation with local and regional public officials (including local and regional public planning organizations). (d) LIMITATION ON APPLICABILITY OF DECLARATION. — (1) AFFECTED AREA.— The declaration made in subsection (a) shall apply only to those portions of the area described in subsection (b) which are or will be occupied by permanent structures (including docking facilities) comprising the proposed project. (2) APPLICATION OF OTHER LAWS.— Notwithstanding subsection (a), all activities conducted in the area described in subsection (b) are subject to all Federal laws which apply to such activities, including— (A) sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401, 403), commonly known as the River and Harbors Appropriation Act of 1899; (B) section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1254); and (C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e) EXPIRATION DATE. —The declaration made in subsection (a) shall expire— (1) on the date which is 6 years after the date of the enactment of this Act if work on the proposed project to be performed in the area described in subsection (b) is not commenced before such date; or (2) on the date which is 20 years after the date of the enactment of this Act for any portion of the area described in subsection (b) which on such date is not bulkheaded, filled, or occupied by a permanent structure (including docking facilities). (f) PROPOSED PROJECT DEFINED.— For the purposes of this section, the term "proposed project" means any project for the rehabilitation and development of— (1) the structure located in the area described in subsection (b), commonly referred to as Pier A; and (2) the area surrounding such structure. SEC. 1079. CLEVELAND HARBOR, OHIO. (a) DEAUTHORIZATION OF PORTION OF PROJECT FOR HARBOR MODI- FICATION.— That portion described in subsection (b) of the project for harbor modification, Cleveland Harbor, Ohio, authorized by section 202(a) of the Water Resources Development Act of 1986 (100 Stat. 4095), is not authorized after the date of the enactment of this Act. (b) AREA SUBJECT TO DEAUTHORIZATION. — The portion of the project for harbor modification, Cleveland Harbor, Ohio, described in this subsection is that portion 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 ft. wide); Thence south 50°-06'-52" west on the centerline of relocated Erieside Avenue N.E. a distance of 112.89 feet to a point;