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16 U.S.C. § 460ii–2Administration, protection, and development

submitted 48 years ago by Pub. L. 95-344 to r/title-16-CONSERVATION · 300 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must run the recreation area under the 1916 National Park Service Organic Act and other laws that help protect historic and natural resources, including fish and wildlife, when he finds they fit this subchapter's purposes. He must consider relevant federal, state, and local plans, including a 1972 Atlanta Regional Commission study. He may make cooperative agreements with Georgia and local governments to coordinate land purchases, planning, and operations, and must consult the Secretary of the Army so public use of the recreation area and nearby Army water projects work well together. He may allow fishing under state and federal law, and may set fishing zones and seasons, generally after consulting the state fishing agency.

(a) Applicability of statutory provisions; consideration of Federal, State, and local plans. The Secretary must administer, protect, and develop the recreation area under the Act of August 25, 1916, and under any other statutory authority available to him for conserving and managing historic and natural resources — including fish and wildlife — whenever he decides that authority will further this subchapter's purposes. While developing and administering the recreation area, the Secretary must consider applicable federal, state, and local recreation plans and resource use and development plans, including, but not limited to, the Atlanta Regional Commission's Chattahoochee Corridor Study, dated July 1972. (b) Cooperative agreements. The Secretary may enter into cooperative agreements with the State of Georgia, its political subdivisions, and other entities, to keep land acquisition, planning, design, construction, and operation of the recreation area standardized. (c) Consultation with Secretary of Army. While planning the recreation area's development and public use, the Secretary must consult the Secretary of the Army, to make sure public use of nearby or related Army water-resource-development or flood-control projects works well together with public use of the recreation area. (d) Establishment, regulations governing, etc., of fishing zones. In administering the recreation area, the Secretary may permit fishing in waters he controls, following applicable state and federal laws and regulations. After consulting the appropriate state agency responsible for fishing activities, the Secretary may designate zones where, and set periods when, fishing is allowed, and issue whatever regulations he thinks are necessary for this purpose. Except in emergencies, such regulations may only take effect after that state consultation.
the actual law source: uscode.house.gov ↗public domain
(a) Applicability of statutory provisions; consideration of Federal, State, and local plans

The Secretary shall administer, protect, and develop the recreation area in accordance with the Act of August 25, 1916 (39 Stat. 535),1 and in accordance with any other statutory authorities available to him for the conservation and management of historic and natural resources, including fish and wildlife, to the extent he finds such authority will further the purposes of this subchapter. In developing and administering the recreation area, the Secretary shall take into consideration applicable Federal, State, and local recreation plans and resource use and development plans, including, but not limited to, the Atlanta Regional Commission Chattahoochee Corridor Study, dated July 1972.

(b) Cooperative agreements

The Secretary may enter into cooperative agreements with the State of Georgia, political subdivisions of the State, and other entities to ensure standardized acquisition, planning, design, construction, and operation of the recreation area.

(c) Consultation with Secretary of Army

In planning for the development and public use of the recreation area, the Secretary shall consult with the Secretary of the Army to assure that public use of adjacent or related water resource development or flood control projects and that of the recreation area are complementary.

(d) Establishment, regulations governing, etc., of fishing zones

In administering the recreation area, the Secretary may permit fishing in waters under his jurisdiction in accordance with applicable State and Federal laws and regulations. The Secretary, after consultation with the appropriate State agency responsible for fishing activities, may designate zones where, and establish periods when, fishing shall be permitted and issue such regulations as he may determine to be necessary to carry out the provisions of this subsection. Except in emergencies, such regulations shall be put into effect only after consultation with the appropriate State agency.

Source credit: (Pub. L. 95–344, title I, § 103, Aug. 15, 1978, 92 Stat. 475; Pub. L. 106–154, § 2(c), (e)(1), Dec. 9, 1999, 113 Stat. 1737, 1738.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-344 · 92 Stat. 475
  • 1999Amended · Pub. L. 106-154 · 113 Stat. 1737, 1738

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-344 on 1978-08-15.

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