16 U.S.C. § 460ii–2: Administration…

Summary

The Secretary must manage, protect, and improve the recreation area under the Act of August 25, 1916 (39 Stat. 535) and may use other laws for conservation and resource management, including fish and wildlife, if those laws help meet the area’s purposes. The Secretary must consider relevant Federal, State, and local recreation and resource plans when making decisions, including the Atlanta Regional Commission Chattahoochee Corridor Study, dated July 1972. The Secretary may make cooperative agreements with the State of Georgia, its local governments, and others for buying land, planning, design, construction, and running the area. The Secretary must consult the Secretary of the Army so nearby water or flood-control projects and the recreation area fit together. The Secretary may allow fishing in waters under his control under applicable State and Federal laws, and after talking with the State fishing agency may set fishing zones, seasons, and rules; except in emergencies, those rules come only after that consultation.

Title 16, §460ii–2

Conservation, Source: USLM XML via OLRC

(a)Applicability of statutory provisions; consideration of Federal, State, and local plans

The Secretary shall administer, protect, and develop the recreation area in accordance with the Act of August 25, 1916 (39 Stat. 535), 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)Cooperative agreements

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)Consultation with Secretary of Army

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)Establishment, regulations governing, etc., of fishing zones

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