Pub. Law 90 -542 - 8 - October 2, 1968
<br />82 STft`l' 914
<br />conslruct.ion of Suty sucl project, wlielher heretofore or hereafter
<br />authorized, without advising tie Secretary of the Interior or the
<br />Secretary of Agricultau•e, as the case niay he, nt writing of its iuten-
<br />tiou so to do Sit. least sixty days in tidvance, and without. Specifically
<br />reporting to the+ Congress ni writing Stu the tirue it iuul(es its recom-
<br />iuendalion or request n7 whiff respect. construction of such project.
<br />would be in conflict with file pur loses of this Act and would affect
<br />the con?))orient. and the valies to `1)e protected by it under this Act.
<br />(b) The Federal Power Commission Shall no(. license tile construct ion
<br />(if any daiu, water conduit., reservoir, powerhouse, Inklisn7issiou lice,
<br />or of her project worlcs tuider the Federal Power Act, as :uuended, uu
<br />or directly affecting any river which is listed in section 5, subsection
<br />( :t), of this Act, and no depa rblienf. or agency of the l States
<br />shall assist by loan, 44null, license, or of hertvise in the construction of
<br />'Illy water resources noject plain. would have :i direct and adverse
<br />effect on the vuh7es for• which such river might be designated, as
<br />determined b the Secretary responsible for its study or approval —
<br />(i) during the five -year period following enactment. of this Act
<br />unless, prior to the expu•Sttiou of said period, the Secretary of the
<br />Interior and, where nation :il forest lands are involved, Ihe Secre.
<br />lau•y of Agricola are, on Ihe Inisis or Sln7dy, conclude i hat. such river
<br />should not, he included in Ihe national wild a.nd Scenic rivers
<br />system ailed publish notice to that effect in Ihe Federal Register,
<br />and
<br />(ii) during such additionid period thereafter as, in the case of
<br />Suuy river wttieli is recoinnuaided to the President and the Congress
<br />for inclusion in the national wild and scenic rivers system, is
<br />necessary for congressional consideration thereof or, in the case
<br />of any river recommended to the Secretary of the Interior for
<br />inclusion in the it7ttlonill wild mud seeiiie. rivers system under
<br />section 2(a) (ii) of this Act, is necessary for t.hc Secretary's con-
<br />sideration thereof, which additional period, however, slutll not
<br />exceed three ,years in the first case and one year in the second.
<br />Nothing contained in the foregoing sentence, however, shall preclude
<br />licensing of, or assistance to, developments below or above it potential
<br />wild, scenic or recreational river area or on lily streitrri tributary
<br />thereto which will not invade the area or diminish the scenic, recrea-
<br />tional, and fish find wildlife values present in the potential wild,
<br />scenic or recreational river area oil the date of approval of this Act.
<br />No (le )au•t meat or agency of the lin iwA States shall, during the periods
<br />li ereini)efore specified, reconune.nd authorization of any water
<br />resources project on any such river or request appropriations to be in
<br />construction of any such project, whether heretofore or Hereafter
<br />authorised, without advising the Secretary of the Interior and, where
<br />national forest lands Sire involved, the Secretary of Agriculture in
<br />writing of its intent ion so to do at least. sixty chtys ill advance of doing
<br />so and without specifically reporting to IheConfress in writing at the
<br />time it makes its recommendation or request in what respect con-
<br />struction of such project would be in conflict with the purposes of this
<br />. Act and would affect the component and the values to protected by
<br />it under this Act.
<br />(c) The Federal Power Commission and all other Federal agencies-
<br />shall, promptly upon enactment of this Act, inform the Secretary of
<br />the Irlt.erior and, where national forest lands are involved, the Sec -
<br />retary of Agriculture, of any proceedings, studies, or other activities
<br />within their jurisdiction which are now in progress and which affect or
<br />may affect, any of the rivers specified in section 5, subsection (a), of
<br />this Act. They shall likewise inform him of any such proceedings,
<br />studies, or other activities which are hereafter commenced or resumed
<br />before they are commenced or resumed.
<br />49 Stat. 063.
<br />16 USC 791a.
<br />Publioation
<br />in Federal
<br />Regi, ter.
<br />
|