§ 831y-1. — Approval of plans by Board as condition precedent to construction and operation; restraining action without approval; other laws unaffected.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC831y-1]
TITLE 16--CONSERVATION
CHAPTER 12A--TENNESSEE VALLEY AUTHORITY
Sec. 831y-1. Approval of plans by Board as condition precedent
to construction and operation; restraining action without
approval; other laws unaffected
The unified development and regulation of the Tennessee River system
requires that no dam, appurtenant works, or other obstruction, affecting
navigation, flood control, or public lands or reservations shall be
constructed, and thereafter operated or maintained across, along, or in
the said river or any of its tributaries until plans for such
construction, operation, and maintenance shall have been submitted to
and approved by the Board; and the construction, commencement of
construction, operation, or maintenance of such structures without such
approval is prohibited. When such plans shall have been approved,
deviation therefrom either before or after completion of such structures
is prohibited unless the modification of such plans has previously been
submitted to and approved by the Board.
In the event the Board shall, within sixty days after their formal
submission to the Board, fail to approve any plans or modifications, as
the case may be, for construction, operation, or maintenance of any such
structures on the Little Tennessee River, the above requirements shall
be deemed satisfied, if upon application to the Secretary of the Army,
with due notice to the Corporation, and hearing thereon, such plans or
modifications are approved by the said Secretary of the Army as
reasonably adequate and effective for the unified development and
regulation of the Tennessee River system.
Such construction, commencement of construction, operation, or
maintenance of any structures or parts thereof in violation of the
provisions of this section may be prevented, and the removal or
discontinuation thereof required by the injunction or order of any
district court exercising jurisdiction in any district in which such
structures or parts thereof may be situated, and the Corporation is
authorized to bring appropriate proceedings to this end.
The requirements of this section shall not be construed to be a
substitute for the requirements of any other law of the United States or
of any State, now in effect or hereafter enacted, but shall be in
addition thereto, so that any approval, license, permit, or other
sanction now or hereafter required by the provisions of any such law for
the construction, operation, or maintenance of any structures whatever,
except such as may be constructed, operated, or maintained by the
Corporation, shall be required, notwithstanding the provisions of this
section.
(May 18, 1933, ch. 32, Sec. 26a, as added Aug. 31, 1935, ch. 836,
Sec. 11, 49 Stat. 1079; amended July 26, 1947, ch. 343, title II,
Sec. 205(a), 61 Stat. 501.)
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued military
Department of the Army under administrative supervision of Secretary of
the Army.
Section Referred to in Other Sections
This section is referred to in title 33 section 2106.
