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16 U.S.C. § 1278 — Restrictions on water resources projects
Federal law — U.S. Code and appendices · legal_authorities
**(a) Construction projects licensed by Federal Energy Regulatory Commission** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.), on or directly affecting any river which is designated in [section 1274 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1274&num=0&edition=prelim) as a component of the national wild and scenic rivers system or which is hereafter designated for inclusion in that system, 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 was established, as determined by the Secretary charged with its administration. Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or above a wild, scenic or recreational river area 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 the date of designation of a river as a component of the National Wild and Scenic Rivers System. 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 was established, as determined by the Secretary charged with its administration, or request appropriations to begin con
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Stable record: federal_law:legal_authorities:record_usc_2f5f409ba3bc24847468b788
Source file: Laws/federal/codes/united-states-code/title-16/section-1278-restrictions-on-water-resources-projects--b8346e8a64.md
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Source location: Title 16, Chapter 28, § 1278; chapter-028-wild-and-scenic-rivers.md
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**(a) Construction projects licensed by Federal Energy Regulatory Commission** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.), on or directly affecting any river which is designated in [section 1274 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1274&num=0&edition=prelim) as a component of the national wild and scenic rivers system or which is hereafter designated for inclusion in that system, 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 was established, as determined by the Secretary charged with its administration. Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or above a wild, scenic or recreational river area 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 the date of designation of a river as a component of the National Wild and Scenic Rivers System. 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 was established, as determined by the Secretary charged with its administration, or request appropriations to begin construction of any such project, whether heretofore or hereafter authorized, without advising the Secretary of the Interior or the Secretary of Agriculture, as the case may be, in writing of its intention so to do at least sixty days in advance, and without specifically reporting to the Congress in writing at the time it makes its recommendation or request in what respect construction of such project would be in conflict with the purposes of this chapter and would affect the component and the values to be protected by it under this chapter. Any license heretofore or hereafter issued by the Federal Energy Regulatory Commission affecting the New River of North Carolina shall continue to be effective only for that portion of the river which is not included in the National Wild and Scenic Rivers System pursuant to [section 1273 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1273&num=0&edition=prelim) and no project or undertaking so licensed shall be permitted to invade, inundate or otherwise adversely affect such river segment.
**(b) Construction projects on rivers designated for potential addition to system** 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, as amended [[16 U.S.C. 791a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.], on or directly affecting any river which is listed in [section 1276(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1276/a&num=0&edition=prelim), 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 might be designated, as determined by the Secretary responsible for its study or approval—
(i) during the ten-year period following October 2, 1968, or for a three complete fiscal year period following any Act of Congress designating any river for potential addition to the national wild and scenic rivers system, whichever is later, unless, prior to the expiration of the relevant period, the Secretary of the Interior and, where national forest lands are involved, the Secretary of Agriculture, on the basis of study, determine that such river should not be included in the national wild and scenic rivers system and notify the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, in writing, including a copy of the study upon which the determination was made, at least one hundred and eighty days while Congress is in session prior to publishing notice to that effect in the Federal Register: Provided, That if any Act designating any river or rivers for potential addition to the national wild and scenic rivers system provides a period for the study or studies which exceeds such three complete fiscal year period the period provided for in such Act shall be substituted for the three complete fiscal year period in the provisions of this clause (i); and
(ii) during such interim period from the date a report is due and the time a report is actually submitted to the Congress; and
(iii) during such additional period thereafter as, in the case of any river the report for which is submitted to the President and the Congress, is necessary for congressional consideration thereof or, in the case of any river recommended to the Secretary of the Interior for inclusion in the national wild and scenic rivers system under [section 1273(a)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1273/a/ii&num=0&edition=prelim), is necessary for the Secretary’s consideration thereof, which additional period, however, shall not exceed three years in the first case and one year in the second.
Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or above a potential wild, scenic or recreational river area or on any stream tributary thereto which will not invade the area or diminish the scenic, recreational, and fish and wildlife values present in the potential wild, scenic or recreational river area on the date of designation of a river for study as provided for in [section 1276 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1276&num=0&edition=prelim). No department or agency of the United States shall, during the periods hereinbefore specified, recommend authorization of any water resources project on any such river or request appropriations to begin construction of any such project, whether heretofore or hereafter authorized, without advising the Secretary of the Interior and, where national forest lands are involved, the Secretary of Agriculture in writing of its intention so to do at least sixty days in advance of doing so and without specifically reporting to the Congress in writing at the time it makes its recommendation or request in what respect construction of such project would be in conflict with the purposes of this chapter and would affect the component and the values to be protected by it under this chapter.
**(c) Activities in progress affecting river of system; notice to Secretary** The Federal Energy Regulatory Commission and all other Federal agencies shall, promptly upon enactment of this chapter, inform the Secretary of the Interior and, where national forest lands are involved, the Secretary of Agriculture, of any proceedings, studies, or other activities within their jurisdiction which are now in progress and which affect or may affect any of the rivers specified in [section 1276(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1276/a&num=0&edition=prelim). They shall likewise inform him of any such proceedings, studies, or other activities which are hereafter commenced or resumed before they are commenced or resumed.
**(d) Grants under chapter 2003 of title 54** Nothing in this section with respect to the making of a loan or grant shall apply to grants made under chapter 2003 of title 54.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Federal Power Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 791a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enumeration of designated rivers** The following rivers are hereby designated for potential addition to the national wild and scenic rivers system:
(1) Allegheny, Pennsylvania: The segment from its mouth to the town of East Brady, Pennsylvania.
(2) Bruneau, Idaho: The entire main stem.
(3) Buffalo, Tennessee: The entire river.
(4) Chattooga, North Carolina, South Carolina, and Georgia: The entire river.
(5) Clarion, Pennsylvania: The segment between Ridgway and its confluence with the Allegheny River.
(6) Delaware, Pennsylvania and New York: The segment from Hancock, New York, to Matamoras, Pennsylvania.
(7) Flathead, Montana: The North Fork from the Canadian border downstream to its confluence with the Middle Fork; the Middle Fork from its headwaters to its confluence with the South Fork; and the South Fork from its origin to Hungry Horse Reservoir.
(8) Gasconade, Missouri: The entire river.
(9) Illinois, Oregon: The entire river.
(10) Little Beaver, Ohio: The segment of the North and Middle Forks of the Little Beaver River in Columbiana County from a point in the vicinity of Negly and Elkton, Ohio, downstream to a point in the vicinity of East Liverpool, Ohio.
(11) Little Miami, Ohio: That segment of the main stem of the river, exclusive of its tributaries, from a point at the Warren-Clermont County line at Loveland, Ohio, upstream to the sources of Little Miami including North Fork.
(12) Maumee, Ohio and Indiana: The main stem from Perrysburg, Ohio, to Fort Wayne, Indiana, exclusive of its tributaries in Ohio and inclusive of its tributaries in Indiana.
(13) Missouri, Montana: The segment between Fort Benton and Ryan Island.
(14) Moyie, Idaho: The segment from the Canadian border to its confluence with the Kootenai River.
(15) Obed, Tennessee: Th
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1276
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Federal law — U.S. Code and appendices · legal_authorities
All lands and easements heretofore and hereafter conveyed to the United States by the States of Mississippi, Alabama, and Tennessee for the right-of-way for the projected parkway between Natchez, Mississippi, and Nashville, Tennessee, together with sites acquired or to be acquired for recreational areas in connection therewith, and a right-of-way for said parkway of a width sufficient to include the highway and all bridges, ditches, cuts, and fills appurtenant thereto, but not exceeding a maximum of two hundred feet through Government-owned lands (except that where small parcels of Government-owned lands would otherwise be isolated, or where topographic conditions or scenic requirements are such that bridges, ditches, cuts, fills, parking overlooks, and landscape development could not reasonably be confined to a width of two hundred feet, the said maximum may be increased to such width as may be necessary, with the written approval of the department or agency having jurisdiction over such lands) as designated on maps heretofore or hereafter approved by the Secretary of the Interior, shall be known as the Natchez Trace Parkway and shall be administered and maintained by the Secretary of the Interior through the National Park Service, subject to the provisions of the Act of Congress approved August 25, 1916 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”,11 See References in Text note below. the provisions of which Act, as amended and supplemented, are extended over and made applicable to said parkway: Provided, That the Secretary of Agriculture is authorized, with the concurrence of the Secretary of the Interior, to connect with said parkway such roads and trails as may be necessary for the protection, administration, or uti
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Composition; application; publication in Federal Register; expense; administration of federally owned lands** The national wild and scenic rivers system shall comprise rivers (i) that are authorized for inclusion therein by Act of Congress, or (ii) that are designated as wild, scenic or recreational rivers by or pursuant to an act of the legislature of the State or States through which they flow, that are to be permanently administered as wild, scenic or recreational rivers by an agency or political subdivision of the State or States concerned that are found by the Secretary of the Interior, upon application of the Governor of the State or the Governors of the States concerned, or a person or persons thereunto duly appointed by him or them, to meet the criteria established in this chapter and such criteria supplementary thereto as he may prescribe, and that are approved by him for inclusion in the system, including, upon application of the Governor of the State concerned, the Allagash Wilderness Waterway, Maine; that segment of the Wolf River, Wisconsin, which flows through Langlade County; and that segment of the New River in North Carolina extending from its confluence with Dog Creek downstream approximately 26.5 miles to the Virginia State line. Upon receipt of an application under clause (ii) of this subsection, the Secretary shall notify the Federal Energy Regulatory Commission and publish such application in the Federal Register. Each river designated under clause (ii) shall be administered by the State or political subdivision thereof without expense to the United States other than for administration and management of federally owned lands. For purposes of the preceding sentence, amounts made available to any State or political subdivision under chapter 200
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1273
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Federal law — U.S. Code and appendices · legal_authorities
A commission is created and established to be known as the Federal Power Commission (hereinafter referred to as the “commission”) which shall be composed of five commissioners who shall be appointed by the President, by and with the advice and consent of the Senate, one of whom shall be designated by the President as chairman and shall be the principal executive officer of the commission. Each chairman, when so designated, shall act as such until the expiration of his term of office.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 792
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation** The following rivers and the land adjacent thereto are hereby designated as components of the national wild and scenic rivers system:
(1) **Clearwater, Middle Fork, Idaho—** — The Middle Fork from the town of Kooskia upstream to the town of Lowell; the Lochsa River from its junction with the Selway at Lowell forming the Middle Fork, upstream to the Powell Ranger Station; and the Selway River from Lowell upstream to its origin; to be administered by the Secretary of Agriculture.
(2) **Eleventh Point, Missouri—** — The segment of the river extending downstream from Thomasville to State Highway 142; to be administered by the Secretary of Agriculture.
(3) **Feather, California—** — The entire Middle Fork downstream from the confluence of its tributary streams one kilometer south of Beckwourth, California; to be administered by the Secretary of Agriculture.
(4) **Rio Grande, New Mexico—** — The segment extending from the Colorado State line downstream to the State Highway 96 crossing, and the lower four miles of the Red River; to be administered by the Secretary of the Interior.
(5) **Rogue, oregon.—**
(A) *In general.—* — The segment of the river extending from the mouth of the Applegate River downstream to the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as agreed to by the Secretaries of the Interior and Agriculture or as directed by the President.
(B) *Additions.—* — In addition to the segment described in subparagraph (A), there are designated the following segments in the Rogue River:
(i) *Kelsey creek.—* — The approximately 6.8-mile segment of Kelsey Creek from the Wild Rogue Wilderness boundary in T. 32 S., R. 9 W., sec. 25, Willamette Meridian, to the confluence with th
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1274
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Dateline for decision; transmission to Congress, delay: notice to Congress; contents of decision; chairman, appointment; Federal inspector of construction: duties, including establishment of joint surveillance and monitoring agreement**
(1) As soon as practicable after July 1, 1977, but not later than September 1, 1977, the President shall issue a decision as to whether a transportation system for delivery of Alaska natural gas should be approved under this chapter. If he determines such a system should be so approved, his decision shall designate such a system for approval pursuant to [section 719f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719f&num=0&edition=prelim) and shall be consistent with [section 719c(b)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c/b/1/C&num=0&edition=prelim) to assure delivery of Alaska natural gas to points both east and west of the Rocky Mountains in the continental United States. The President in making his decision shall take into consideration the Commission’s recommendation pursuant to [section 719c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c&num=0&edition=prelim), the report under [section 719c(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c/c&num=0&edition=prelim), and any comments submitted under [section 719d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719d&num=0&edition=prelim); and his decision to designate a system for approval shall be based on his determination as to which system, if any, best serves the national interest.
(2) The President, for a period of up to 90 addi
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 719e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Public use and enjoyment of components; protection of features; management plans** Each component of the national wild and scenic rivers system shall be administered in such manner as to protect and enhance the values which caused it to be included in said system without, insofar as is consistent therewith, limiting other uses that do not substantially interfere with public use and enjoyment of these values. In such administration primary emphasis shall be given to protecting its esthetic, scenic, historic, archeologic, and scientific features. Management plans for any such component may establish varying degrees of intensity for its protection and development, based on the special attributes of the area.
**(b) Wilderness areas** Any portion of a component of the national wild and scenic rivers system that is within the national wilderness preservation system, as established by or pursuant to the Wilderness Act [[16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.], shall be subject to the provisions of both the Wilderness Act and this chapter with respect to preservation of such river and its immediate environment, and in case of conflict between the provisions of the Wilderness Act and this chapter the more restrictive provisions shall apply.
**(c) Areas administered by National Park Service and Fish and Wildlife Service** Any component of the national wild and scenic rivers system that is administered by the Secretary of the Interior through the National Park Service shall become a part of the national park system, and any such component that is administered by the Secretary through the Fish and Wildlife Service shall become a part of the national wildlife refuge system. The lands invo
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1281
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Action of Secretaries and heads of agencies; cooperative agreements** The Secretary of the Interior, the Secretary of Agriculture, and the head of any other Federal department or agency having jurisdiction over any lands which include, border upon, or are adjacent to, any river included within the National Wild and Scenic Rivers System or under consideration for such inclusion, in accordance with section 1273(a)(ii), 1274(a), or 1276(a) of this title, shall take such action respecting management policies, regulations, contracts, plans, affecting such lands, following November 10, 1978, as may be necessary to protect such rivers in accordance with the purposes of this chapter. Such Secretary or other department or agency head shall, where appropriate, enter into written cooperative agreements with the appropriate State or local official for the planning, administration, and management of Federal lands which are within the boundaries of any rivers for which approval has been granted under [section 1273(a)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1273/a/ii&num=0&edition=prelim). Particular attention shall be given to scheduled timber harvesting, road construction, and similar activities which might be contrary to the purposes of this chapter.
**(b) Existing rights, privileges, and contracts affecting Federal lands** Nothing in this section shall be construed to abrogate any existing rights, privileges, or contracts affecting Federal lands held by any private party without the consent of said party.
**(c) Water pollution** The head of any agency administering a component of the national wild and scenic rivers system shall cooperate with the Administrator, Environmental Protection Agency and with the appropriate S
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1283
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Preserve shall be administered by the Secretary in accordance with sections 698q to 698t of this title and in accordance with the laws generally applicable to units of the National Park System, including—
(1) the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 ([16 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1&num=0&edition=prelim) et seq.); 11 See References in Text note below. and
(2) the Act entitled “An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes”, approved August 21, 1935 ([16 U.S.C. 461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section461&num=0&edition=prelim) et seq.).1
**(b) Hunting and fishing**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary shall permit hunting, trapping, and fishing on lands and waters under the jurisdiction of the Secretary within the Preserve in accordance with applicable Federal and State laws.
(2) **Time and place restrictions** — Subject to such terms and conditions as the Secretary considers necessary in furtherance of sections 698q to 698t of this title, and after consultation with the Department of Conservation and Natural Resources of the State of Alabama and owners of lands adjacent to the Preserve, the Secretary may designate zones where, and establish periods when, the activities described in paragraph (1) will not be permitted within the Preserve for reasons of public safety, administration, fish and wildlife habitat, or public use and enjoyment.
(3) **Restrictions in boundary areas** — After consultation with the Department of Conservation and Na
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 698r
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