§ 460m-11. — Water resource 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: 16USC460m-11]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI--BUFFALO NATIONAL RIVER
Sec. 460m-11. Water resource projects
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 the Buffalo National River 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 is established, as
determined by the Secretary. Nothing contained in the foregoing
sentence, however, shall preclude licensing of, or assistance to,
developments below or above the Buffalo National River 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 March 1, 1972. 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 is established, as determined by the Secretary, nor shall such
department or agency request appropriations to begin construction on any
such project, whether heretofore or hereafter authorized, without, at
least sixty days in advance, (i) advising the Secretary, in writing, of
its intention so to do and (ii) reporting to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate, respectively, 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 national river
and the values to be protected by it under this subchapter.
(Pub. L. 92-237, Sec. 4, Mar. 1, 1972, 86 Stat. 45; Pub. L. 95-91, title
IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L. 103-437,
Sec. 6(n)(1), Nov. 2, 1994, 108 Stat. 4586.)
References in Text
The Federal Power Act, referred to in text, 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
1994--Pub. L. 103-437 substituted ``Committee on Natural Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate'' for ``Committees on Interior and Insular
Affairs of the United States House of Representatives and the United
States Senate''.
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
``Federal Energy Regulatory Commission'' substituted for ``Federal
Power Commission'' in text 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 functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.
