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U.S. Code as of:
01/19/04
Section 1278. Restrictions on water resources projects
(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 et seq.), on or
directly affecting any river which is designated in section 1274 of
this title 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 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 et seq.], on or directly affecting
any river which is listed in section 1276(a) of this title, 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, 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. 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. 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 Land and Water Conservation Fund Act of 1965
Nothing in this section with respect to the making of a loan or
grant shall apply to grants made under the Land and Water
Conservation Fund Act of 1965 [16 U.S.C. 460l-4 et seq.].
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