ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

16 U.S.C. § 460ii–4Funding sources and general management plan

submitted 48 years ago by Pub. L. 95-344 to r/title-16-CONSERVATION · 1,153 words · no verdicts yet

in plain englishAI-generated · not legal advice

For fiscal year 1978 and later, no more than $115 million in Land and Water Conservation Fund money may be spent buying land for this subchapter. The Secretary may accept donated money or land, in addition to funding from Georgia, local governments, and private sources. Congress also authorizes up to $500,000 for essential public facilities starting October 1, 1978. Within seven years, the Secretary must send Congress an initial general management plan covering needed land purchases, visitor capacity, and needed facilities; within three years after funding, a revised plan follows, developed with public participation. Before taking, funding, licensing, or permitting any action within the river corridor that could directly and adversely affect the recreation area's resources, federal agencies must notify the Secretary, let him comment, and tell him their final decision; the Secretary reviews and reports to Congress. Federal actions on land the Secretary manages inside the recreation area need his agreement first. Certain emergency, safety, air-space, and maintenance actions are exempt from these notice requirements.

(a) Funding. (1) Limitation on use of appropriated funds. From the appropriations authorized for fiscal year 1978 and later years under the Land and Water Conservation Fund Act, no more than $115,000,000 may be spent acquiring land and interests in land authorized under this subchapter. For section 200306(a)(4) of title 54, this subsection's spending ceiling counts as a statutory ceiling enacted before the Ninety-sixth Congress convened. (2) Donations. The Secretary may accept a donation of money, land, or an interest in land to carry out this subchapter. (3) Relation to other funding sources. The money in paragraph (1) is in addition to funding and land donations from the State of Georgia, local government authorities, private foundations, corporate entities, and individuals for this subchapter's purposes. (b) Authorization of appropriations for development of essential public services. Starting October 1, 1978, Congress authorizes up to $500,000 for developing essential public facilities. (c) General management plan. (1) Initial plan. Within seven years after August 15, 1978, the Secretary, after consulting Georgia's governor, must develop and send the House Committee on Resources and the Senate Committee on Energy and Natural Resources a general management plan for using and developing the recreation area, consistent with this subchapter's and chapter 43's findings and purposes. It must show: (A) land next to or related to the recreation area needed for resource protection, scenic integrity, or managing the area, its estimated purchase cost, and the recommended public acquisition agency; (B) the number of visitors and types of public use the recreation area can handle while fully protecting its resources; and (C) the facilities needed to accommodate and give access to those visitors and uses, including their location and estimated cost. (2) Revised plan. (A) In general. Within 3 years after funding becomes available, the Secretary must submit to the same committees a revised general management plan to protect, improve, enjoy, develop, and use the recreation area. (B) Public participation. While preparing the revised plan, the Secretary must encourage participation from Georgia, affected political subdivisions, private landowners, interested citizens, public officials, groups, agencies, educational institutions, and others. (d) Federal actions affecting corridor area; procedural requirements. (1) Whenever a federal department, agency, or instrumentality plans to undertake an action, provide federal assistance for an action, or issue a license or permit for an action within the corridor described in section 460ii of this title that may directly and adversely affect the recreation area's natural or cultural resources, that agency's head must: (A) promptly notify the Secretary of the action while planning it or preparing an environmental assessment or environmental impact statement for it under the National Environmental Policy Act of 1969; (B) give the Secretary a reasonable chance to comment and make recommendations about the action's effect on the recreation area's natural and cultural resources; and (C) notify the Secretary of the specific decisions made about the Secretary's comments and recommendations. These steps must follow procedures the responsible federal agency establishes, which may reuse procedures it developed under the National Environmental Policy Act. (2) After receiving notice under paragraph (1)(A), the Secretary, after consulting Georgia's governor, must make whatever comments and recommendations he thinks appropriate under paragraph (1)(B), as promptly as practical, following the notifying agency's procedures. If the Secretary does not provide comments and recommendations under paragraph (1)(B), he must notify the appropriate congressional committees in writing. (3) After receiving the notifying agency's decisions under paragraph (1)(C), the Secretary must send the appropriate congressional committees — including the authorizing committees with primary jurisdiction over the program involved — a copy of the agency's specific decisions, along with a copy of the Secretary's comments and recommendations. (4) If the Secretary has not been notified of a federal agency's proposed action within the corridor, but decides on his own that it may significantly and adversely affect the recreation area's natural or cultural resources, he must notify that agency's head in writing. Once notified, the agency must promptly follow subparagraphs (A), (B), and (C) of paragraph (1). (5) Any agency or instrumentality of the United States conducting a federal action on federally owned land or water that the Secretary manages within the recreation area's authorized boundary may not begin that action until the Secretary has agreed to it. (6) The following major, necessary emergency actions are exempt from this subsection: (A) actions necessary to safeguard life and property; (B) actions necessary to respond to a declared disaster; (C) actions necessary to respond to an imminent threat to national security; and (D) actions the Secretary has determined are not inconsistent with the recreation area's general management plan. Actions that are part of a project recommended in the "Metropolitan Atlanta Water Resources Management Study, Georgia: Report of Chief of Engineers," dated June 1, 1982, any federal action about controlling airspace regulated under the Clean Air Act, or any action required to maintain or repair existing structures or facilities, are also exempt from this subsection.
the actual law source: uscode.house.gov ↗public domain
(a) Funding
(1) Limitation on use of appropriated funds

From the appropriations authorized for fiscal year 1978 and succeeding fiscal years pursuant to the Land and Water Conservation Fund Act (78 Stat. 897),1 as amended, not more than $115,000,000 may be expended for the acquisition of lands and interests in lands authorized to be acquired pursuant to the provisions of this subchapter. For purposes of section 200306(a)(4) of title 54, the statutory ceiling on appropriations under this subsection shall be deemed to be a statutory ceiling contained in a provision of law enacted prior to the convening of the Ninety-sixth Congress.

(2) Donations

The Secretary may accept a donation of funds or land or an interest in land to carry out this subchapter.

(3) Relation to other funding sources

Funds made available under paragraph (1) are in addition to funding and the donation of land and interests in land by the State of Georgia, local government authorities, private foundations, corporate entities, and individuals for purposes of this subchapter.

(b) Authorization of appropriations for development of essential public services

Effective on October 1, 1978, there are authorized to be appropriated not to exceed $500,000 for the development of essential public facilities.

(c) General management plan
(1) Initial plan

Within seven years from August 15, 1978, the Secretary shall, after consulting with the Governor of the State of Georgia, develop and transmit to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate a general management plan for the use and development of the recreation area consistent with the findings and purposes of this subchapter and chapter 43 of this title, indicating:

(A)

lands and interests in lands adjacent or related to the recreation area which are deemed necessary or desirable for the purposes of resource protection, scenic integrity, or management and administration of the area in furtherance of the purposes of this subchapter, the estimated cost of acquisition, and the recommended public acquisition agency;

(B)

the number of visitors and types of public use within the recreation area that can be accommodated in accordance with the full protection of its resources; and

(C)

the facilities deemed necessary to accommodate and provide access for such visitors and uses, including their location and estimated cost.

(2) Revised plan
(A) In general

Within 3 years after the date funds are made available, the Secretary shall submit to the committees specified in paragraph (1) a revised general management plan to provide for the protection, enhancement, enjoyment, development, and use of the recreation area.

(B) Public participation

In preparing the revised plan, the Secretary shall encourage the participation of the State of Georgia and affected political subdivisions of the State, private landowners, interested citizens, public officials, groups, agencies, educational institutions, and other entities.

(d) Federal actions affecting corridor area; procedural requirements: notification of Secretary, Secretary’s recommendations or notification of Congressional committees, copies of decisions and recommendations to Congressional committees; concurrence condition; exemptions
(1)

Whenever any Federal department, agency, or instrumentality proposes to undertake any action, or provide Federal assistance for any action, or issue any license or permit for an action within the corridor referred to in section 460ii of this title which may have a direct and adverse effect on the natural or cultural resources of the recreation area, the head of such department, agency, or instrumentality shall—

(A)

promptly notify the Secretary of the action at the time it is planning the action, preparing an environmental assessment regarding the action, or preparing an environmental impact statement under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] for the action;

(B)

provide the Secretary a reasonable opportunity to comment and make recommendations regarding the effect of the Federal action on the natural and cultural resources of the recreation area; and

(C)

notify the Secretary of the specific decisions made in respect to the comments and recommendations of the Secretary.

The requirements of this subsection shall be carried out in accordance with procedures established by the Federal agency responsible for undertaking or approving the Federal action. These procedures may utilize the procedures developed by such Agency pursuant to the National Environmental Policy Act [42 U.S.C. 4321 et seq.].

(2)

Following receipt of notification pursuant to paragraph (1)(A), the Secretary, after consultation with the Governor of Georgia, shall make such comments and recommendations as the Secretary deems appropriate pursuant to paragraph (1)(B) as promptly as practicable in accordance with the notifying agency’s procedures established pursuant to paragraph (1)(A). In any instance in which the Secretary does not provide comments and recommendations under paragraph (1)(B), the Secretary shall notify in writing, the appropriate committees of Congress.

(3)

Following receipt of the notifying agency’s decisions pursuant to paragraph (1)(C), the Secretary shall submit to the appropriate committees of Congress, including the authorizing committees with primary jurisdiction for the program under which the proposed action is being taken, a copy of the notifying agency’s specific decisions made pursuant to paragraph (1)(C), along with a copy of the comments and recommendations made pursuant to paragraph (1)(B).

(4)

In any instance in which the Secretary has not been notified of a Federal agency’s proposed action within the corridor, and on his or her own determination finds that such action may have a significant adverse effect on the natural or cultural resources of the recreation area, the Secretary shall notify the head of such Federal agency in writing. Upon such notification by the Secretary, such agency shall promptly comply with the provisions of subparagraphs (A), (B), and (C) of paragraph (1) of this subsection.

(5)

Each agency or instrumentality of the United States conducting Federal action upon federally owned lands or waters which are administered by the Secretary and which are located within the authorized boundary of the recreation area shall not commence such action until such time as the Secretary has concurred in such action.

(6)

The following Federal actions which constitute a major and necessary component of an emergency action shall be exempt from the provisions of this subsection—

(A)

those necessary for safeguarding of life and property;

(B)

those necessary to respond to a declared state of disaster;

(C)

those necessary to respond to an imminent threat to national security; and

(D)

those that the Secretary has determined to be not inconsistent with the general management plan for the recreation area.

Actions which are part of a project recommended in the study entitled “Metropolitan Atlanta Water Resources Management Study, Georgia: Report of Chief of Engineers”, dated June 1, 1982, and any Federal action which pertains to the control of air space, which is regulated under the Clean Air Act [42 U.S.C. 7401 et seq.], or which is required for maintenance or rehabilitation of existing structures or facilities shall also be exempt from the provisions of this subsection.

Source credit: (Pub. L. 95–344, title I, § 105, Aug. 15, 1978, 92 Stat. 476; Pub. L. 98–568, § 1(e), Oct. 30, 1984, 98 Stat. 2929; Pub. L. 106–154, § 2(d), (e)(4), Dec. 9, 1999, 113 Stat. 1738, 1739.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-344 · 92 Stat. 476
  • 1984Amended · Pub. L. 98-568 · 98 Stat. 2929
  • 1999Amended · Pub. L. 106-154 · 113 Stat. 1738, 1739

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

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case