16 U.S.C. § 460ii–3: Federal supervision of…

Summary

Federal agencies may not license or help build dams, reservoirs, powerhouses, transmission lines, or similar water projects on or directly affecting the recreation area unless the State of Georgia finds the project necessary for water supply or water quality and Congress approves it. Projects upstream or downstream or on tributaries are allowed if they do not enter the recreation area or unreasonably reduce the scenic, recreational, or fish and wildlife values that existed on August 15, 1978. Upgrades or expansions for water supply or water quality are allowed if they do not have a material adverse effect on the area’s protected values. Before any federal department or agency recommends or asks for money to start a project that would directly and adversely affect the area (as the Secretary decides), it must give the Secretary 60 days’ written notice and report the project to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources. The law is not meant to require changing lake levels in Lake Sidney Lanier and does not limit the Metropolitan Atlanta Water Resources Study authorized March 2, 1972. The Secretary must quickly buy lands needed to protect the area. If a project listed in the June 1, 1982 study directly harms lands in the Bowman’s Island tract shown on map CHAT–20,003 dated September 1984 that were federal property on September 1, 1984, the builder must, if the Secretary asks, pay up to $3,200,000 to buy replacement lands. Those replacement lands must be bought after consulting the Governor of Georgia, with first priority to lands inside the recreation boundary or within or next to the 2,000 foot corridor in section 460ii; if those are not available, other lands in Georgia may be bought and given to the State for permanent public outdoor recreation. Use of other lands in the recreation area by such projects does not require mitigation.

Title 16, §460ii–3

Conservation, Source: USLM XML via OLRC

(a)Limitations on licensing and assistance authorities; criteria for upgrading, improving, etc., supply and quality enhancement programs

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 (16 U.S.C. 791a et seq.), on or directly affecting the recreation area, 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 area is established, except where such project is determined by the State of Georgia to be necessary for water supply or water quality enhancement purposes and authorized by the United States Congress. Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments upstream or downstream from the recreation area or on any stream tributary thereto which will not invade the recreation area or unreasonably diminish the scenic, recreational, and fish and wildlife values present therein on August 15, 1978. Nothing contained in this subsection shall preclude the upgrading, improvement, expansion or development of facilities or public works for water supply or water quality enhancement purposes if such action would not have a material adverse effect on the values for which the recreation area is established.

(b)Limitations on recommending authorizations and requesting appropriations; applicability of local considerations and criteria

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 area is established, as determined by the Secretary, nor shall such department or agency request appropriations to begin construction of any such project, whether heretofore or hereafter authorized, without at least sixty days in advance, (1) advising the Secretary in writing of its intention to do so and (2) reporting to the Committee on Natural Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate the nature of the project involved and the manner in which such project would conflict with the purposes of this subchapter or would affect the recreation area and the values to be protected by it under this subchapter. It is not the intention of Congress by this subchapter to require the manipulation or reduction of lake water levels in Lake Sidney Lanier. Nothing in this subchapter shall be construed in any way to restrict, prohibit, or affect any recommendation of the Metropolitan Atlanta Water Resources Study as authorized by the Public Works Committee of the United States Senate on March 2, 1972.

(c)Expeditious acquisition of lands and interests in lands necessary for establishment, etc., of area

The Secretary is directed to proceed as expeditiously as possible to acquire the lands and interests in lands necessary to achieve the purposes of this subchapter and chapter 43 of this title.

(d)Mitigation funds for adverse impacts; excepted lands; limitation of amount; replacement lands

(1)Notwithstanding any other authority of law, any department, agency, or instrumentality of the United States or of the State of Georgia, or any other entity which may construct any project recommended in the study entitled “Metropolitan Atlanta Water Resources Management Study, Georgia: Report of Chief of Engineers,” dated June 1, 1982, which directly adversely impacts any lands within the authorized recreation boundaries of the Bowman’s Island tract as shown on the map numbered and dated CHAT–20,003, September 1984, which were in Federal ownership as of September 1, 1984, shall, upon request by the Secretary, mitigate such adverse impacts. It is expressly provided that use of or adverse impact upon any other lands within the recreation area as result of any such project shall not require mitigation. Mitigation required by this paragraph shall be provided by payment to the United States of a sum not to exceed $3,200,000. The mitigation funds paid pursuant to this paragraph shall be utilized by the Secretary for the acquisition of replacement lands. Such replacement lands shall be acquired only after consultation with the Governor of Georgia.

(2)In acquiring replacement lands under paragraph (1) priority shall be given to acquisition of lands within the recreation area boundary and those lands within or adjacent to the 2,000 foot wide corridor referred to in section 460ii of this title. Any lands acquired pursuant to this subsection lying outside the boundaries of the recreation area shall, upon acquisition, be included within the recreation area and transferred to the Secretary for management under this subchapter. The Secretary shall publish a revised boundary map to include any lands added to the recreation area pursuant to this subsection.

(3)If lands as described in paragraph (2) are not available for acquisition, other lands within the State of Georgia may be acquired as replacement lands under paragraph (1) if such lands are transferred to the State of Georgia for permanent management for public outdoor recreation.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Power Act (16 U.S.C. 791a et seq.), 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.

Amendments

1999—Subsec. (b). Pub. L. 106–154, § 2(e)(2), substituted “this subchapter” for “this subchapter and chapter 43 of this title” wherever appearing. Subsec. (d)(2). Pub. L. 106–154, § 2(e)(3), substituted “under this subchapter” for “under this subchapter and chapter 43 of this title”. 1994—Subsec. (b). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”. 1984—Subsec. (d). Pub. L. 98–568 added subsec. (d).

§460ii–3 Federal Supervision of Water Resources Projects