§ 460ii-4. — Funding sources and general management plan.
[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-4]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XCIII--CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA
Sec. 460ii-4. Funding sources and general management plan
(a) Funding
(1) Limitation on use of appropriated funds
From the appropriations authorized for fiscal year 1978 and
succeeding fiscal years pursuant to the Land and Water Conservation
Fund Act (78 Stat. 897), as amended [16 U.S.C. 460l-4 et seq.], not
more than $115,000,000 may be expended for the acquisition of lands
and interests in lands authorized to be acquired pursuant to the
provisions of this subchapter. For purposes of section 7(a)(3) of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
9(a)(3)), the statutory ceiling on appropriations under this
subsection shall be deemed to be a statutory ceiling contained in a
provision of law enacted prior to the convening of the Ninety-sixth
Congress.
(2) Donations
The Secretary may accept a donation of funds or land or an
interest in land to carry out this subchapter.
(3) Relation to other funding sources
Funds made available under paragraph (1) are in addition to
funding and the donation of land and interests in land by the State
of Georgia, local government authorities, private foundations,
corporate entities, and individuals for purposes of this subchapter.
(b) Authorization of appropriations for development of essential public
services
Effective on October 1, 1978, there are authorized to be
appropriated not to exceed $500,000 for the development of essential
public facilities.
(c) General management plan
(1) Initial plan
Within seven years from August 15, 1978, the Secretary shall,
after consulting with the Governor of the State of Georgia, develop
and transmit to the Committee on Resources of the House of
Representatives and to the Committee on Energy and Natural Resources
of the United States Senate a general management plan for the use
and development of the recreation area consistent with the findings
and purposes of this subchapter and chapter 43 of this title,
indicating:
(A) lands and interests in lands adjacent or related to the
recreation area which are deemed necessary or desirable for the
purposes of resource protection, scenic integrity, or management
and administration of the area in furtherance of the purposes of
this subchapter, the estimated cost of acquisition, and the
recommended public acquisition agency;
(B) the number of visitors and types of public use within
the recreation area that can be accommodated in accordance with
the full protection of its resources; and
(C) the facilities deemed necessary to accommodate and
provide access for such visitors and uses, including their
location and estimated cost.
(2) Revised plan
(A) In general
Within 3 years after the date funds are made available, the
Secretary shall submit to the committees specified in paragraph
(1) a revised general management plan to provide for the
protection, enhancement, enjoyment, development, and use of the
recreation area.
(B) Public participation
In preparing the revised plan, the Secretary shall encourage
the participation of the State of Georgia and affected political
subdivisions of the State, private landowners, interested
citizens, public officials, groups, agencies, educational
institutions, and other entities.
(d) Federal actions affecting corridor area; procedural requirements:
notification of Secretary, Secretary's recommendations or
notification of Congressional committees, copies of decisions
and recommendations to Congressional committees; concurrence
condition; exemptions
(1) Whenever any Federal department, agency, or instrumentality
proposes to undertake any action, or provide Federal assistance for any
action, or issue any license or permit for an action within the corridor
referred to in section 460ii of this title which may have a direct and
adverse effect on the natural or cultural resources of the recreation
area, the head of such department, agency, or instrumentality shall--
(A) promptly notify the Secretary of the action at the time it
is planning the action, preparing an environmental assessment
regarding the action, or preparing an environmental impact statement
under the National Environmental Policy Act of 1969 [42 U.S.C. 4321
et seq.] for the action;
(B) provide the Secretary a reasonable opportunity to comment
and make recommendations regarding the effect of the Federal action
on the natural and cultural resources of the recreation area; and
(C) notify the Secretary of the specific decisions made in
respect to the comments and recommendations of the Secretary.
The requirements of this subsection shall be carried out in accordance
with procedures established by the Federal agency responsible for
undertaking or approving the Federal action. These procedures may
utilize the procedures developed by such Agency pursuant to the National
Environmental Policy Act [42 U.S.C. 4321 et seq.].
(2) Following receipt of notification pursuant to paragraph (1)(A),
the Secretary, after consultation with the Governor of Georgia, shall
make such comments and recommendations as the Secretary deems
appropriate pursuant to paragraph (1)(B) as promptly as practicable in
accordance with the notifying agency's procedures established pursuant
to paragraph (1)(A). In any instance in which the Secretary does not
provide comments and recommendations under paragraph (1)(B), the
Secretary shall notify in writing, the appropriate committees of
Congress.
(3) Following receipt of the notifying agency's decisions pursuant
to paragraph (1)(C), the Secretary shall submit to the appropriate
committees of Congress, including the authorizing committees with
primary jurisdiction for the program under which the proposed action is
being taken, a copy of the notifying agency's specific decisions made
pursuant to paragraph (1)(C), along with a copy of the comments and
recommendations made pursuant to paragraph (1)(B).
(4) In any instance in which the Secretary has not been notified of
a Federal agency's proposed action within the corridor, and on his or
her own determination finds that such action may have a significant
adverse effect on the natural or cultural resources of the recreation
area, the Secretary shall notify the head of such Federal agency in
writing. Upon such notification by the Secretary, such agency shall
promptly comply with the provisions of subparagraphs (A), (B), and (C)
of paragraph (1) of this subsection.
(5) Each agency or instrumentality of the United States conducting
Federal action upon federally owned lands or waters which are
administered by the Secretary and which are located within the
authorized boundary of the recreation area shall not commence such
action until such time as the Secretary has concurred in such action.
(6) The following Federal actions which constitute a major and
necessary component of an emergency action shall be exempt from the
provisions of this subsection--
(A) those necessary for safeguarding of life and property;
(B) those necessary to respond to a declared state of disaster;
(C) those necessary to respond to an imminent threat to national
security; and
(D) those that the Secretary has determined to be not
inconsistent with the general management plan for the recreation
area.
Actions which are part of a project recommended in the study entitled
``Metropolitan Atlanta Water Resources Management Study, Georgia: Report
of Chief of Engineers'', dated June 1, 1982, and any Federal action
which pertains to the control of air space, which is regulated under the
Clean Air Act [42 U.S.C. 7401 et seq.], or which is required for
maintenance or rehabilitation of existing structures or facilities shall
also be exempt from the provisions of this subsection.
(Pub. L. 95-344, title I, Sec. 105, Aug. 15, 1978, 92 Stat. 476; Pub. L.
98-568, Sec. 1(e), Oct. 30, 1984, 98 Stat. 2929; Pub. L. 106-154,
Sec. 2(d), (e)(4), Dec. 9, 1999, 113 Stat. 1738, 1739.)
References in Text
The Land and Water Conservation Fund Act (78 Stat. 897), as amended,
referred to in subsec. (a)(1), probably means the Land and Water
Conservation Fund Act of 1965, 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 this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 460l-4
of this title and Tables.
The convening of the Ninety-sixth Congress, referred to in subsec.
(a)(1), took place on Jan. 15, 1979.
The National Environmental Policy Act of 1969, referred to in
subsec. (d)(1), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.)
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 4321
of Title 42 and Tables.
The Clean Air Act, referred to in subsec. (d)(6), is act July 14,
1955, ch. 360, 69 Stat. 322, as amended, which is classified generally
to chapter 85 (Sec. 7401 et seq.) of Title 42. For complete
classification of this Act to the Code, see Short Title note set out
under section 7401 of Title 42 and Tables.
Amendments
1999--Pub. L. 106-154, Sec. 2(d)(1), inserted section catchline.
Subsec. (a). Pub. L. 106-154, Sec. 2(d)(1), (2), inserted subsec.
heading, designated existing provisions as par. (1), inserted heading,
substituted ``$115,000,000'' for ``$79,400,000'' and ``this subchapter''
for ``this subchapter and chapter 43 of this title'', and added pars.
(2) and (3).
Subsec. (c). Pub. L. 106-154, Sec. 2(d)(3), inserted subsec.
heading, designated existing provisions as par. (1), inserted par. (1)
heading, redesignated former pars. (1) to (3) as subpars. (A) to (C),
respectively, substituted ``transmit to the Committee on Resources of
the House of Representatives'' for ``transmit to the Committee on
Interior and Insular Affairs of the United States House of
Representatives'', and added par. (2).
Subsec. (c)(1)(A). Pub. L. 106-154, Sec. 2(e)(4), substituted ``of
this subchapter'' for ``of this subchapter and chapter 43 of this
title''.
1984--Subsec. (a). Pub. L. 98-568, Sec. 1(e)(1), substituted
``$79,400,000'' for ``$72,900,000'' and inserted provision respecting
applicable statutory ceiling on appropriations.
Subsec. (c). Pub. L. 98-568, Sec. 1(e)(2), substituted ``seven
years'' for ``three years''.
Subsec. (d). Pub. L. 98-568, Sec. 1(e)(3), added subsec. (d).
