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Title 16, ConservationRelease 119-73not60

§460zz–3 Federal Lands and Developments

Title 16 › Chapter 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter CXI— MISSISSIPPI NATIONAL RIVER AND RECREATION AREA › Part A— Mississippi National River and Recreation Area › § 460zz–3

Last updated Apr 5, 2026|Official source

Summary

Federal property inside the mapped Area is moved into the Secretary’s control without payment so the Secretary can use it to carry out this law. Two exceptions apply: Army Corps facilities used for navigation or flood control can keep being used by the Army, and any federal property with a building in use or under lease on November 18, 1988, cannot be moved without the agency that runs it agreeing. Before any federal agency issues a permit, starts a project, or gives federal help for something in the Area, it must tell the Secretary. The Secretary must check if the proposal fits the approved plan and decide within 60 days. If the Secretary finds it does not fit, the agency must be asked to make it fit and must tell the Secretary within 60 days what it will do. If it still does not fit, the Secretary must notify Congress in writing. The Coast Guard’s and Army’s existing navigation powers remain, but they must not take actions that directly and badly harm the Area’s values unless needed for public health, safety, or national security. The Secretary must also work with the Army to make sure nearby water and flood projects and the Area work well together.

Full Legal Text

Title 16, §460zz–3

Conservation, Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, any Federal property located within the boundaries of the Area as identified on the map referred to in section 460zz–1 of this title, is hereby transferred without consideration to the administrative jurisdiction of the Secretary for use by him in implementing the purposes of this part, except as follows:
(1)Facilities and lands administered by the Secretary of the Army through the Corps of Engineers for navigational and flood control purposes may continue to be used by the Secretary of the Army subject to the provisions of subsection (b).
(2)Federal property on which there is located any building or other structure which is in use (as of November 18, 1988) or for which a lease is in effect shall not be transferred under this subsection without the concurrence of the administering agency.
(b)(1)Before any department, agency, or instrumentality of the United States issues or approves any license or permit for any facility or undertaking within the Area and before any such department, agency, or instrumentality commences any undertaking or provides any Federal assistance to the State or any local governmental jurisdiction for any undertaking within the Area, the department, agency, or instrumentality shall notify the Secretary. The Secretary shall review the proposed facility or undertaking to assess its compatibility with the plan approved under section 460zz–2 of this title. The Secretary shall make a determination with respect to the compatibility or incompatibility of a proposed facility or undertaking within 60 days of receiving notice under this subsection. If the Secretary determines that the proposed facility or undertaking is incompatible with the plan, he shall immediately notify such Federal department, agency, or instrumentality and request such department, agency, or instrumentality to take the actions necessary to conform the proposed facility or undertaking to the plan. The Federal department, agency, or instrumentality shall, within 60 days after receiving the Secretary’s request, notify the Secretary of the specific decisions made in response to the request. To the extent that such department, agency, or instrumentality does not then conform such facility or undertaking to the request of the Secretary, the Secretary is directed to notify the Congress in writing of the incompatibility of such facility or undertaking with the plan approved under section 460zz–2 of this title.
(2)(A)Nothing in this part shall be deemed to impact or otherwise affect such existing statutory authority as may be vested in the Secretary of the Department in which the Coast Guard is operating or the Secretary of the Army for the maintenance of navigation aids and navigation improvements: Provided, That in exercising such authority the Secretary of the Army, through the Corps of Engineers and the Secretary of the Department in which the Coast Guard is operating, shall not take any action that would have a direct and adverse effect on the values for which the Area is established unless such action is essential for the protection of public health or safety or is necessary for national security or defense.
(B)In planning for the development and public use of the Area, the Secretary shall consult with the Secretary of the Army to assure that public use of adjacent or related water resource developments or flood control projects and that of the Area are compatible.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460zz–3

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60