16 U.S.C. § 460gg–2: Federal power and water…

Summary

The Federal Energy Regulatory Commission cannot approve licenses under the Federal Power Act to build dams, reservoirs, water conduits, powerhouses, transmission lines, or similar project work inside the recreation area. Any project already built or under construction on December 31, 1975 stays covered by the Federal Power Act, including the facilities used to run and maintain it. No federal department or agency may fund, loan for, permit, or otherwise support building a water facility there if the Secretary finds it would directly and negatively harm the waters’ protected values.

Title 16, §460gg–2

Conservation, Source: USLM XML via OLRC

(a)Licenses by Federal Energy Regulatory Commission

Notwithstanding any other provision of law, or any authorization heretofore given pursuant to law, the Federal Energy Regulatory Commission may not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project work under the Federal Power Act (41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), within the recreation area: Provided, That the provisions of the Federal Power Act (41 Stat. 1063) shall continue to apply to any project (as defined in such Act), and all of the facilities and improvements required or used in connection with the operation and maintenance of said project, in existence within the recreation area which project is already constructed or under construction on December 31, 1975.

(b)Assistance detrimental to protected waters

No department or agency of the United States may assist by loan, grant, license, or otherwise the construction of any water resource facility within the recreation area which the Secretary determines would have a direct and adverse effect on the values for which the waters of the area are protected.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Power Act, referred to in subsec. (a), 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.

Statutory Notes and Related Subsidiaries

Transfer of Functions

“Federal Energy Regulatory Commission” substituted for “Federal Power Commission” in subsec. (a) pursuant to Pub. L. 95–91, § 402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare. The Federal Power Commission was terminated, and its functions with regard to licenses and permits for dams, reservoirs, or other works for development and improvement of navigation and for development and utilization of power across, along, from, or in navigable waters under part I of Federal Power Act (16 U.S.C. 792 et seq.) were transferred to the Federal Energy Regulatory Commission by section 7172(a)(1)(A) and 7293 of Title 42.

§460gg–2 Federal Power and Water Resources Projects