§410eeee–7 — Title 16 Conservation | U.S. Code

Summary

The Federal Energy Regulatory Commission cannot approve building dams, water conduits, reservoirs, powerhouses, transmission lines, or similar project works on or directly affecting the New River Gorge National River. No U.S. department or agency may help pay for or permit any water project if the Secretary finds it would directly and adversely harm the river’s protected values. Projects above or below the river or on its tributaries may be approved or helped only if they do not invade the area or reduce the scenic, recreation, or fish and wildlife values that existed on November 10, 1978. If an agency plans to recommend or ask Congress for money for a project the Secretary finds would directly and adversely affect those values, the agency must notify the Secretary in writing at least 60 days beforehand and must send Congress a written explanation when it makes the recommendation or request showing how the project would conflict with the river’s purposes and harm its protected values.

Title 16, §410eeee–7

Conservation — Source: USLM XML via OLRC

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,11 See Change of Name note below. 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 1 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 22 So in original. Probably should be “affect”. the national river and the values to be protected by it under this section.

Notes & Related Subsidiaries

Editorial Notes

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, which is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables. Codification Section was formerly classified to section 460m–21 of this title.

Statutory Notes and Related Subsidiaries

Change of Name

New River Gorge National River redesignated New River Gorge National Park and Preserve by Pub. L. 116–260, div. FF, title II, § 202, Dec. 27, 2020, 134 Stat. 3089, which is classified to section 410eeee of this title.

§410eeee–7 Project work prohibition; advisement to Secretary; report to Congress