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CITE

    16 USC Sec. 460m-11                                         01/05/2009

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
    SUBCHAPTER LXXI - BUFFALO NATIONAL RIVER

HEAD

    Sec. 460m-11. Water resource projects

STATUTE

      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.

SOURCE

    (Pub. L. 92-237, Sec. 4, Mar. 1, 1972, 86 Stat. 45; Pub. L. 95-91,
    title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L.
    103-437, Sec. 6(n)(1), Nov. 2, 1994, 108 Stat. 4586.)

REFERENCES IN TEXT

      The Federal Power Act, referred to in text, is act June 10, 1920,
    ch. 285, 41 Stat. 1063, as amended, which is classified generally
    to chapter 12 (Sec. 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".

TRANSFER OF FUNCTIONS

      "Federal Energy Regulatory Commission" substituted for "Federal
    Power Commission" in text pursuant to Pub. L. 95-91, Sec.
    402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title
    42, The Public Health and Welfare.
      Federal Power Commission terminated and functions, personnel,
    property, funds, etc., transferred to Secretary of Energy (except
    for certain functions transferred to Federal Energy Regulatory
    Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293
    of Title 42.