§460ii–2 — Title 16 Conservation | U.S. Code

Summary

The Secretary must manage, protect, and develop the recreation area under the Act of August 25, 1916 and any other federal laws that help conserve historic and natural resources, including fish and wildlife. The Secretary must consider federal, state, and local recreation and resource plans, including the Atlanta Regional Commission Chattahoochee Corridor Study dated July 1972. The Secretary may make cooperative agreements with the State of Georgia, local governments, and other groups to coordinate buying land, planning, design, construction, and running the area. The Secretary must also consult the Secretary of the Army so uses of nearby water or flood-control projects fit together. The Secretary may allow fishing in waters he controls, following state and federal laws. After talking with the proper state fishing agency, he may set fishing zones, seasons, and rules. Except in emergencies, those rules go into effect only after consultation with the state agency.

Title 16, §460ii–2

Conservation — Source: USLM XML via OLRC

(a)The Secretary shall administer, protect, and develop the recreation area in accordance with the Act of August 25, 1916 (39 Stat. 535),11 See References in Text note below. and in accordance with any other statutory authorities available to him for the conservation and management of historic and natural resources, including fish and wildlife, to the extent he finds such authority will further the purposes of this subchapter. In developing and administering the recreation area, the Secretary shall take into consideration applicable Federal, State, and local recreation plans and resource use and development plans, including, but not limited to, the Atlanta Regional Commission Chattahoochee Corridor Study, dated July 1972.

(b)The Secretary may enter into cooperative agreements with the State of Georgia, political subdivisions of the State, and other entities to ensure standardized acquisition, planning, design, construction, and operation of the recreation area.

(c)In planning for the development and public use of the recreation area, the Secretary shall consult with the Secretary of the Army to assure that public use of adjacent or related water resource development or flood control projects and that of the recreation area are complementary.

(d)In administering the recreation area, the Secretary may permit fishing in waters under his jurisdiction in accordance with applicable State and Federal laws and regulations. The Secretary, after consultation with the appropriate State agency responsible for fishing activities, may designate zones where, and establish periods when, fishing shall be permitted and issue such regulations as he may determine to be necessary to carry out the provisions of this subsection. Except in emergencies, such regulations shall be put into effect only after consultation with the appropriate State agency.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act of August 25, 1916 (39 Stat. 535), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted section 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and section 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

Amendments

1999—Subsec. (a). Pub. L. 106–154, § 2(e)(1), substituted “of this subchapter” for “of this subchapter and chapter 43 of this title”. Subsec. (b). Pub. L. 106–154, § 2(c), added subsec. (b) and struck out former subsec. (b) which read as follows: “The Secretary is authorized and encouraged to enter into cooperative agreements with the State or its political subdivisions whereby he may assist in the planning for and interpretation of non-Federal publicly owned lands within or adjacent or related to the recreation area to assure that such lands are used in a manner consistent with the findings and purposes of this subchapter and chapter 43 of this title.”

§460ii–2 Administration, protection, and development