
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460m-11]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
                 SUBCHAPTER LXXI--BUFFALO NATIONAL RIVER
 
Sec. 460m-11. Water resource projects

    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.

(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''.

                         Change of Name

    Committee on Natural Resources of House of Representatives treated 
as referring to Committee on Resources of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.

                          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.
