§577b — Title 16 Conservation | U.S. Code

Summary

No federal permit, license, lease, or other permission may change the natural water level of any lake or stream inside or next to the protected area if that change would flood U.S. lands in or immediately next to the Superior National Forest, unless Congress first passes a special law allowing that specific project. This rule does not interfere with the International Joint Commission under the January 11, 1909 convention or the February 24, 1925 agreement about Lake of the Woods. With written approval of the Forest Service, reservoirs up to 100 acres may be built for moving logs or for allowed recreation, and small temporary dams may hold water no higher than the normal high-water mark for logging. The Secretary of Agriculture may open lands to homestead under the Act of June 11, 1906 (34 Stat. 233) if they are mainly good for farming and not needed for public uses. Projects applying for a Federal Power Act license on or before January 1, 1928 are not covered by this rule.

Title 16, §577b

Conservation — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

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, § 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, and 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.

Executive Documents

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, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees.

§577b Preserving water level of lakes and streams of public lands in northern Minnesota; reservoirs; water power