§ 577b. — Preserving water level of lakes and streams of public lands in northern Minnesota; reservoirs; water power.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC577b]
TITLE 16--CONSERVATION
CHAPTER 3--FORESTS; FOREST SERVICE; REFORESTATION; MANAGEMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 577b. Preserving water level of lakes and streams of public
lands in northern Minnesota; reservoirs; water power
In order to preserve the shore lines, rapids, waterfalls, beaches,
and other natural features of the region in an unmodified state of
nature, no further alteration of the natural water level of any lake or
stream within or bordering upon the designated area shall be authorized
by any permit, license, lease, or other authorization granted by any
official or commission of the United States, which will result in
flooding lands of the United States within or immediately adjacent to
the Superior National Forest, unless and until specific authority for
granting such permit, license, lease, or other authorization shall have
first been obtained by special Act from the Congress of the United
States covering each such project: Provided, That nothing in this
section shall be construed as interfering with the duties of the
International Joint Commission created pursuant to the convention
concerning the boundary waters between the United States and Canada and
concluded between the United States and Great Britain on January 11,
1909, and action taken or to be taken in accordance with provisions of
the convention, protocol, and agreement between the United States and
Canada, which were signed at Washington on February 24, 1925, for the
purpose of regulating the levels of the Lake of the Woods: Provided,
That with the written approval and consent of the Forest Service of the
Department of Agriculture, reservoirs not exceeding one hundred acres in
area may be constructed and maintained for the transportation of logs or
in connection with authorized recreational uses of national-forest
lands, and maximum water levels not higher than the normal high-water
mark may be maintained temporarily where essential strictly for logging
purposes, in the streams between lakes by the construction and operation
of small temporary dams: Provided, however, That nothing herein shall be
construed to prevent the Secretary of Agriculture from listing for
homestead entry under the provisions of the Act of June 11, 1906 (34
Stat. 233), any of the above-described lands found by him to be chiefly
valuable for agriculture and not needed for public purposes: Provided
further, That the provisions of this section shall not apply to any
proposed development for water-power purposes for which an application
for license was pending under the terms of the Federal Power Act [16
U.S.C. 791a et seq.] on or before January 1, 1928.
(July 10, 1930, ch. 881, Sec. 3, 46 Stat. 1021.)
References in Text
Act of June 11, 1906 (34 Stat. 233), referred to in text, which was
classified to sections 506 to 508 and 509 of this title, was repealed by
Pub. L. 87-869, Sec. 4, Oct. 23, 1962, 76 Stat. 1157.
The Federal Power Act, referred to in text, was in the original the
``Federal Water Power Act'', which was redesignated the Federal Power
Act by section 791a of this title. The Federal Power Act is act June 10,
1920, ch. 285, 41 Stat. 1063, as amended, and 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.
Transfer of Functions
Functions of all officers, agencies, and employees of Department of
Agriculture transferred, with certain exceptions, to Secretary of
Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18
F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government
Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 577c, 1133 of this title.
