33 U.S.C. § 59c: Queens County, New York

is not submerged; as of October 12, 1996 , lies between the southerly high water line of Anable Basin (also known as the “11th Street Basin”) and the northerly high water line of Newtown Creek; and extends from the high water line (as of October 12, 1996 ) of the East River to the original high water line of the East River; The declaration of nonnavigability under subsection (a) shall apply only to those portions of the area described in subsection (a) that are, or will be, bulkheaded, filled, or otherwise occupied by permanent structures or other permanent physical improvements (including parkland). sections 401 and 403 of this title; section 1344 of this title ; the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). is not bulkheaded, filled, or otherwise occupied by a permanent structure or other permanent physical improvement (including parkland) in accordance with subsection (b) by the date that is 20 years after October 12, 1996 ; or requires an improvement described in subsection (b)(2) that is subject to a permit under an applicable Federal law, and the improvement is not commenced by the date that is 5 years after the date of issuance of the permit.