§ 460m-21. — Project work prohibition; advisement to Secretary; report to Congress.
[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-21]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI-A--NEW RIVER GORGE NATIONAL RIVER
Sec. 460m-21. Project work prohibition; advisement to Secretary;
report to Congress
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 New River Gorge 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 was
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 New River Gorge National River or on
any stream tributary thereto which will not invade the area or diminish
the scenic, recreation, and fish and wildlife values present in the area
on November 10, 1978. 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, or request appropriations
to begin construction on any such project whether heretofore or
hereafter authorized, without advising the Secretary in writing of its
intention to do so 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 section and would
effect \1\ the national river and the values to be protected by it under
this section.
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\1\ So in original. Probably should be ``affect''.
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(Pub. L. 95-625, title XI, Sec. 1107, Nov. 10, 1978, 92 Stat. 3547.)
References in Text
The Federal Power Act (41 Stat. 1063) as amended (16 U.S.C. 791a et
seq.), 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.
