§ 460ii-3. — Federal supervision of 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: 16USC460ii-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIII--CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA
Sec. 460ii-3. Federal supervision of water resources projects
(a) Limitations on licensing and assistance authorities; criteria for
upgrading, improving, etc., supply and quality enhancement
programs
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
(16 U.S.C. 791a et seq.), on or directly affecting the recreation area,
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 area is established, except where such project is determined
by the State of Georgia to be necessary for water supply or water
quality enhancement purposes and authorized by the United States
Congress. Nothing contained in the foregoing sentence, however, shall
preclude licensing of, or assistance to, developments upstream or
downstream from the recreation area or on any stream tributary thereto
which will not invade the recreation area or unreasonably diminish the
scenic, recreational, and fish and wildlife values present therein on
August 15, 1978. Nothing contained in this subsection shall preclude the
upgrading, improvement, expansion or development of facilities or public
works for water supply or water quality enhancement purposes if such
action would not have a material adverse effect on the values for which
the recreation area is established.
(b) Limitations on recommending authorizations and requesting
appropriations; applicability of local considerations and
criteria
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 area is established, as
determined by the Secretary, nor shall such department or agency request
appropriations to begin construction of any such project, whether
heretofore or hereafter authorized, without at least sixty days in
advance, (1) advising the Secretary in writing of its intention to do so
and (2) reporting to the Committee on Natural Resources of the United
States House of Representatives and to the Committee on Energy and
Natural Resources of the United States Senate the nature of the project
involved and the manner in which such project would conflict with the
purposes of this subchapter or would affect the recreation area and the
values to be protected by it under this subchapter. It is not the
intention of Congress by this subchapter to require the manipulation or
reduction of lake water levels in Lake Sidney Lanier. Nothing in this
subchapter shall be construed in any way to restrict, prohibit, or
affect any recommendation of the Metropolitan Atlanta Water Resources
Study as authorized by the Public Works Committee of the United States
Senate on March 2, 1972.
(c) Expeditious acquisition of lands and interests in lands necessary
for establishment, etc., of area
The Secretary is directed to proceed as expeditiously as possible to
acquire the lands and interests in lands necessary to achieve the
purposes of this subchapter and chapter 43 of this title.
(d) Mitigation funds for adverse impacts; excepted lands; limitation of
amount; replacement lands
(1) Notwithstanding any other authority of law, any department,
agency, or instrumentality of the United States or of the State of
Georgia, or any other entity which may construct any project recommended
in the study entitled ``Metropolitan Atlanta Water Resources Management
Study, Georgia: Report of Chief of Engineers,'' dated June 1, 1982,
which directly adversely impacts any lands within the authorized
recreation boundaries of the Bowman's Island tract as shown on the map
numbered and dated CHAT-20,003, September 1984, which were in Federal
ownership as of September 1, 1984, shall, upon request by the Secretary,
mitigate such adverse impacts. It is expressly provided that use of or
adverse impact upon any other lands within the recreation area as result
of any such project shall not require mitigation. Mitigation required by
this paragraph shall be provided by payment to the United States of a
sum not to exceed $3,200,000. The mitigation funds paid pursuant to this
paragraph shall be utilized by the Secretary for the acquisition of
replacement lands. Such replacement lands shall be acquired only after
consultation with the Governor of Georgia.
(2) In acquiring replacement lands under paragraph (1) priority
shall be given to acquisition of lands within the recreation area
boundary and those lands within or adjacent to the 2,000 foot wide
corridor referred to in section 460ii of this title. Any lands acquired
pursuant to this subsection lying outside the boundaries of the
recreation area shall, upon acquisition, be included within the
recreation area and transferred to the Secretary for management under
this subchapter. The Secretary shall publish a revised boundary map to
include any lands added to the recreation area pursuant to this
subsection.
(3) If lands as described in paragraph (2) are not available for
acquisition, other lands within the State of Georgia may be acquired as
replacement lands under paragraph (1) if such lands are transferred to
the State of Georgia for permanent management for public outdoor
recreation.
(Pub. L. 95-344, title I, Sec. 104, Aug. 15, 1978, 92 Stat. 476; Pub. L.
98-568, Sec. 1(d), Oct. 30, 1984, 98 Stat. 2928; Pub. L. 103-437,
Sec. 6(d)(18), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 106-154,
Sec. 2(e)(2), (3), Dec. 9, 1999, 113 Stat. 1739.)
References in Text
The Federal Power Act (16 U.S.C. 791a et seq.), referred to in
subsec. (a), 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.
Amendments
1999--Subsec. (b). Pub. L. 106-154, Sec. 2(e)(2), substituted ``this
subchapter'' for ``this subchapter and chapter 43 of this title''
wherever appearing.
Subsec. (d)(2). Pub. L. 106-154, Sec. 2(e)(3), substituted ``under
this subchapter'' for ``under this subchapter and chapter 43 of this
title''.
1994--Subsec. (b). Pub. L. 103-437 substituted ``Natural Resources''
for ``Interior and Insular Affairs'' after ``Committee on''.
1984--Subsec. (d). Pub. L. 98-568 added subsec. (d).
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.
