CITE

    16 USC Sec. 460m-21                                         01/08/2008

EXPCITE

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

HEAD

    Sec. 460m-21. Project work prohibition; advisement to Secretary;
      report to Congress

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 New River Gorge 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 was 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 New River Gorge National River or
    on any stream tributary thereto which will not invade the area or
    diminish the scenic, recreation, and fish and wildlife values
    present in the area on November 10, 1978. 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, or request appropriations to begin construction on
    any such project whether heretofore or hereafter authorized,
    without advising the Secretary in writing of its intention to do so
    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 section and would effect (!1)
    the national river and the values to be protected by it under this
    section.

SOURCE

    (Pub. L. 95-625, title XI, Sec. 1107, Nov. 10, 1978, 92 Stat.
    3547.)

REFERENCES IN TEXT

      The Federal Power Act (41 Stat. 1063) as amended (16 U.S.C. 791a
    et seq.), 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.

FOOTNOTE

    (!1) So in original. Probably should be "affect".