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U.S. Code as of:
01/19/04
Section 831y-1. Approval of plans by Board as condition precedent to construction and operation; restraining action without approval; other laws unaffected
The unified development and regulation of the Tennessee River
system requires that no dam, appurtenant works, or other
obstruction, affecting navigation, flood control, or public lands
or reservations shall be constructed, and thereafter operated or
maintained across, along, or in the said river or any of its
tributaries until plans for such construction, operation, and
maintenance shall have been submitted to and approved by the Board;
and the construction, commencement of construction, operation, or
maintenance of such structures without such approval is prohibited.
When such plans shall have been approved, deviation therefrom
either before or after completion of such structures is prohibited
unless the modification of such plans has previously been submitted
to and approved by the Board.
In the event the Board shall, within sixty days after their
formal submission to the Board, fail to approve any plans or
modifications, as the case may be, for construction, operation, or
maintenance of any such structures on the Little Tennessee River,
the above requirements shall be deemed satisfied, if upon
application to the Secretary of the Army, with due notice to the
Corporation, and hearing thereon, such plans or modifications are
approved by the said Secretary of the Army as reasonably adequate
and effective for the unified development and regulation of the
Tennessee River system.
Such construction, commencement of construction, operation, or
maintenance of any structures or parts thereof in violation of the
provisions of this section may be prevented, and the removal or
discontinuation thereof required by the injunction or order of any
district court exercising jurisdiction in any district in which
such structures or parts thereof may be situated, and the
Corporation is authorized to bring appropriate proceedings to this
end.
The requirements of this section shall not be construed to be a
substitute for the requirements of any other law of the United
States or of any State, now in effect or hereafter enacted, but
shall be in addition thereto, so that any approval, license,
permit, or other sanction now or hereafter required by the
provisions of any such law for the construction, operation, or
maintenance of any structures whatever, except such as may be
constructed, operated, or maintained by the Corporation, shall be
required, notwithstanding the provisions of this section.
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