
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: 16USC460zz-3]

 
                         TITLE 16--CONSERVATION
 
   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
 
Sec. 460zz-3. Federal lands and developments


(a) Lands

    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) of this section.
        (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) Federal agency activities

                           (1) In general

        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) Navigation

        (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.

(Pub. L. 100-696, title VII, Sec. 704, Nov. 18, 1988, 102 Stat. 4604.)
