§ 469a. — Notice of dam construction to be given Secretary of the Interior by United States agencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC469a]
TITLE 16--CONSERVATION
CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 469a. Notice of dam construction to be given Secretary of
the Interior by United States agencies
Before any agency of the United States shall undertake the
construction of a dam, or issue a license to any private individual or
corporation for the construction of a dam, it shall give written notice
to the Secretary of the Interior (hereafter referred to as the
Secretary) setting forth the site of the proposed dam and the
approximate area to be flooded and otherwise changed if such
construction is undertaken: Provided, That with respect to any flood
water retarding dam which provides less than five thousand acre-feet of
detention capacity and with respect to any other type of dam which
creates a reservoir of less than forty surface acres the provisions of
this section shall apply only when the constructing agency, in its
preliminary surveys, finds, or is presented with evidence that
historical or archeological materials exist or may be present in the
proposed reservoir area.
(Pub. L. 86-523, Sec. 2, formerly Sec. 2(a), June 27, 1960, 74 Stat.
220, renumbered and amended Pub. L. 93-291, Sec. 1(2), (5), May 24,
1974, 88 Stat. 174, 175.)
Amendments
1974--Pub. L. 93-291 struck out designation ``(a)'' before and, in
the resulting unlettered provisions, inserted ``(hereafter referred to
as the Secretary)'' after ``Secretary of the Interior''. Subsecs. (b) to
(e) were disposed of as follows: subsec. (b) was transferred and
amended, and as so transferred and amended, is set out as sections 469a-
1 and 469a-2 of this title, subsecs. (c) and (e) were redesignated as
subsecs. (a) and (b), respectively, of section 469a-3 of this title, and
subsec. (d) was struck out.
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 sections 469 to 469c of this title 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 sections 469
to 469c of this title 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.
Section Referred to in Other Sections
This section is referred to in sections 469, 469-3, 469b, 469c,
469c-1, 470a, 470dd, 470hh of this title; title 42 section 5320; title
43 section 377b.
