16 U.S.C. § 460m–11: Water resource projects

Summary

The Federal Energy Regulatory Commission must not approve building any dam, water conduit, reservoir, powerhouse, transmission line, or similar work under the Federal Power Act on or directly affecting the Buffalo National River. No U.S. department or agency may help by loan, grant, license, or other support any water project that would directly and adversely affect the river’s protected values, as the Secretary decides. Projects above or below the river or on tributaries may be approved or helped only if they do not invade the river area or unreasonably reduce the scenic, recreational, and fish and wildlife values that existed on March 1, 1972. Before recommending or asking for money to start any project that would have a direct and adverse effect, a department or agency must, at least sixty days ahead, tell the Secretary in writing and report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate about the project and how it would conflict with the purposes of the national river.

Title 16, §460m–11

Conservation, Source: USLM XML via OLRC

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 (41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), on or directly affecting the Buffalo National River 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 river is established, as determined by the Secretary. Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or above the Buffalo National River or on any stream tributary thereto which will not invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the area on March 1, 1972. 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 river is established, as determined by the Secretary, nor shall such department or agency request appropriations to begin construction on any such project, whether heretofore or hereafter authorized, without, at least sixty days in advance, (i) advising the Secretary, in writing, of its intention so to do and (ii) reporting to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, respectively, 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 national river and the values to be protected by it under this subchapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Power Act, referred to in text, 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

1994—Pub. L. 103–437 substituted “Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate” for “Committees on Interior and Insular Affairs of the United States House of Representatives and the United States Senate”.

Statutory Notes and Related Subsidiaries

Transfer of Functions

“Federal Energy Regulatory Commission” substituted for “Federal Power Commission” in text 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, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission) by section 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42.

§460m–11 Water Resource Projects