§ 1278. — Restrictions on water resources projects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1278]
TITLE 16--CONSERVATION
CHAPTER 28--WILD AND SCENIC RIVERS
Sec. 1278. Restrictions on water resources projects
(a) Construction projects licensed by Federal Energy Regulatory
Commission
The Federal Energy Regulatory Commission shall not license the
construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works under the Federal Power Act
(41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), on or directly
affecting any river which is designated in section 1274 of this title as
a component of the national wild and scenic rivers system or which is
hereafter designated for inclusion in that system, and no department or
agency of the United States shall assist by loan, grant, license, or
otherwise in the construction of any water resources project that would
have a direct and adverse effect on the values for which such river was
established, as determined by the Secretary charged with its
administration. Nothing contained in the foregoing sentence, however,
shall preclude licensing of, or assistance to, developments below or
above a wild, scenic or recreational river area or on any stream
tributary thereto which will not invade the area or unreasonably
diminish the scenic, recreational, and fish and wildlife values present
in the area on the date of designation of a river as a component of the
National Wild and Scenic Rivers System. No department or agency of the
United States shall recommend authorization of any water resources
project that would have a direct and adverse effect on the values for
which such river was established, as determined by the Secretary charged
with its administration, or request appropriations to begin construction
of any such project, whether heretofore or hereafter authorized, without
advising the Secretary of the Interior or the Secretary of Agriculture,
as the case may be, in writing of its intention so to do at least sixty
days in advance, and without specifically reporting to the Congress in
writing at the time it makes its recommendation or request in what
respect construction of such project would be in conflict with the
purposes of this chapter and would affect the component and the values
to be protected by it under this chapter. Any license heretofore or
hereafter issued by the Federal Energy Regulatory Commission affecting
the New River of North Carolina shall continue to be effective only for
that portion of the river which is not included in the National Wild and
Scenic Rivers System pursuant to section 1273 of this title and no
project or undertaking so licensed shall be permitted to invade,
inundate or otherwise adversely affect such river segment.
(b) Construction projects on rivers designated for potential addition to
system
The Federal Energy Regulatory Commission shall not license the
construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works under the Federal Power Act,
as amended [16 U.S.C. 791a et seq.], on or directly affecting any river
which is listed in section 1276(a) of this title, and no department or
agency of the United States shall assist by loan, grant, license, or
otherwise in the construction of any water resources project that would
have a direct and adverse effect on the values for which such river
might be designated, as determined by the Secretary responsible for its
study or approval--
(i) during the ten-year period following October 2, 1968, or for
a three complete fiscal year period following any Act of Congress
designating any river for potential addition to the national wild
and scenic rivers system, whichever is later, unless, prior to the
expiration of the relevant period, the Secretary of the Interior
and, where national forest lands are involved, the Secretary of
Agriculture, on the basis of study, determine that such river should
not be included in the national wild and scenic rivers system and
notify the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives, in writing, including a copy of the study upon
which the determination was made, at least one hundred and eighty
days while Congress is in session prior to publishing notice to that
effect in the Federal Register: Provided, That if any Act
designating any river or rivers for potential addition to the
national wild and scenic rivers system provides a period for the
study or studies which exceeds such three complete fiscal year
period the period provided for in such Act shall be substituted for
the three complete fiscal year period in the provisions of this
clause (i); and
(ii) during such interim period from the date a report is due
and the time a report is actually submitted to the Congress; and
(iii) during such additional period thereafter as, in the case
of any river the report for which is submitted to the President and
the Congress, is necessary for congressional consideration thereof
or, in the case of any river recommended to the Secretary of the
Interior for inclusion in the national wild and scenic rivers system
under section 1273(a)(ii) of this title, is necessary for the
Secretary's consideration thereof, which additional period, however,
shall not exceed three years in the first case and one year in the
second.
Nothing contained in the foregoing sentence, however, shall preclude
licensing of, or assistance to, developments below or above a potential
wild, scenic or recreational river area or on any stream tributary
thereto which will not invade the area or diminish the scenic,
recreational, and fish and wildlife values present in the potential
wild, scenic or recreational river area on the date of designation of a
river for study as provided for in section 1276 of this title. No
department or agency of the United States shall, during the periods
hereinbefore specified, recommend authorization of any water resources
project on any such river or request appropriations to begin
construction of any such project, whether heretofore or hereafter
authorized, without advising the Secretary of the Interior and, where
national forest lands are involved, the Secretary of Agriculture in
writing of its intention so to do at least sixty days in advance of
doing so and without specifically reporting to the Congress in writing
at the time it makes its recommendation or request in what respect
construction of such project would be in conflict with the purposes of
this chapter and would affect the component and the values to be
protected by it under this chapter.
(c) Activities in progress affecting river of system; notice to
Secretary
The Federal Energy Regulatory Commission and all other Federal
agencies shall, promptly upon enactment of this chapter, inform the
Secretary of the Interior and, where national forest lands are involved,
the Secretary of Agriculture, of any proceedings, studies, or other
activities within their jurisdiction which are now in progress and which
affect or may affect any of the rivers specified in section 1276(a) of
this title. They shall likewise inform him of any such proceedings,
studies, or other activities which are hereafter commenced or resumed
before they are commenced or resumed.
(d) Grants under Land and Water Conservation Fund Act of 1965
Nothing in this section with respect to the making of a loan or
grant shall apply to grants made under the Land and Water Conservation
Fund Act of 1965 [16 U.S.C. 460l-4 et seq.].
(Pub. L. 90-542, Sec. 7, Oct. 2, 1968, 82 Stat. 913; Pub. L. 93-279,
Sec. 1(b)(3), (4), May 10, 1974, 88 Stat. 123; Pub. L. 93-621,
Sec. 1(c), Jan. 3, 1975, 88 Stat. 2096; Pub. L. 94-407, Sec. 1(2), Sept.
11, 1976, 90 Stat. 1238; Pub. L. 95-91, title IV, Sec. 402(a)(1)(A),
Aug. 4, 1977, 91 Stat. 583; Pub. L. 99-590, title V, Sec. 505, Oct. 30,
1986, 100 Stat. 3336; Pub. L. 103-437, Sec. 6(a)(7), Nov. 2, 1994, 108
Stat. 4583.)
References in Text
The Federal Power Act, referred to in subsecs. (a) and (b), is act
June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
generally to chapter 12 (Sec. 791a et seq.) of this title. For complete
classification of this Act to the Code, see section 791a of this title
and Tables.
The Land and Water Conservation Fund Act of 1965, referred to in
subsec. (d), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended,
which is classified generally to part B (Sec. 460l-4 et seq.) of
subchapter LXIX of chapter 1 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
460l-4 of this title and Tables.
Amendments
1994--Subsec. (b)(i). Pub. L. 103-437 substituted ``Committee on
Energy and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives'' for ``Committees on Interior
and Insular Affairs of the United States Congress''.
1986--Subsec. (a). Pub. L. 99-590, Sec. 505(a), substituted
provisions relating to values present in the area on the date of
designation of a river as a component of the System, for provisions
relating to values present in the area on Oct. 2, 1968.
Subsec. (b). Pub. L. 99-590, Sec. 505(b), added cl. (ii),
redesignated former cl. (ii) as (iii), and substituted provisions
relating to values present in the area on the date of designation of a
river for study pursuant to section 1276 of this title for provisions
relating to values present in the area on the date of approval of this
chapter.
1976--Subsec. (a). Pub. L. 94-407 inserted provision relating to
licenses issued affecting the New River of North Carolina.
1975--Subsec. (b)(i). Pub. L. 93-621 inserted proviso that if any
Act provides a time period for study in excess of the three fiscal year
period, that period shall be substituted for the three complete fiscal
year period provision of cl. (i).
1974--Subsec. (b)(i). Pub. L. 93-279, Sec. 1(b)(3), substituted
provisions that construction projects may not be licensed or assisted
before Oct. 2, 1978, or for a three year period following inclusion of a
river in the list of rivers for potential addition to the national wild
and scenic river system, unless, prior to that period, the Secretary of
the Interior or the Secretary of Agriculture, as the case may be,
determined that such river should not be so included and notified the
Committees on Interior and Insular Affairs, before publication in the
Federal Register, for provisions that such projects may not be licensed
or assisted before Oct. 2, 1973, unless, prior to that period, the
Secretary of the Interior or the Secretary of Agriculture, as the case
may be, concluded that such river should not be so included and
published notice to that effect in the Federal Register.
Subsec. (b)(ii). Pub. L. 93-279, Sec. 1(b)(4), substituted ``the
report for which is submitted to the President and the Congress, is
necessary'' for ``which is recommended to the President and the Congress
for inclusion in the national wild and scenic rivers system, is
necessary''.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
Transfer of Functions
Enforcement functions of Secretary or other official in Department
of the Interior related to compliance with system activities requiring
coordination and approval under this chapter and such functions of
Secretary or other official in Department of Agriculture, insofar as
they involve lands and programs under jurisdiction of that Department,
related to compliance with this chapter with respect to pre-
construction, construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, Secs. 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of
Federal Inspector note under section 719e of Title 15, Commerce and
Trade.
``Federal Energy Regulatory Commission'' substituted for ``Federal
Power Commission'' in subsecs. (a), (b), and (c) pursuant to Pub. L. 95-
91, Sec. 402(a)(1)(A), which is classified to section 7172(a)(1)(A) of
Title 42, The Public Health and Welfare.
Federal Power Commission terminated and its functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
part I of Federal Power Act (16 U.S.C. 792 et seq.) transferred to
Federal Energy Regulatory Commission by sections 7172(a)(1)(A) and 7293
of Title 42.
Section Referred to in Other Sections
This section is referred to in sections 460ww-1, 539g, 544k, 698r,
1274, 1276, 1279, 1280 of this title.
