16 U.S.C. § 460zz–3 — Federal lands and developments

submitted 38 years ago by Pub. L. 100-696 to r/title-16-CONSERVATION · 562 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal property inside the Area transfers to the Secretary, with exceptions for Army Corps facilities and occupied buildings. Federal agencies must notify the Secretary before licensing or building projects there, and fix any plan conflicts. Navigation and flood-control powers continue, but must avoid seriously harming the Area's protected values.

(a) Lands. Despite any other law, federal property inside the Area's boundaries transfers, at no cost, to the Secretary's control to carry out this part's goals, except: (1) facilities and land the Army's Corps of Engineers runs for navigation and flood control may still be used by the Secretary of the Army, under (b); and (2) federal property with a building or structure in use as of November 18, 1988, or under an active lease, won't transfer without the agency running it agreeing. (b) Federal agency activities. (1) In general. Before any federal department, agency, or body issues or approves a license or permit for anything in the Area, or starts a project or gives federal aid to Minnesota or a local government for a project in the Area, it must notify the Secretary. The Secretary must check whether the proposed project fits the approved plan and decide within 60 days. If the Secretary finds it doesn't fit, the Secretary must immediately tell the agency and ask it to make the project fit the plan. The agency must tell the Secretary its specific response within 60 days. If the agency still doesn't make the project fit, the Secretary must report the mismatch to Congress in writing. (2) Navigation. (A) Nothing here affects the Coast Guard's or Army's existing legal power to maintain navigation aids and improvements — except that while using that power, the Army (through the Corps of Engineers) and the Coast Guard's department must not take action that directly and badly hurts the Area's protected values, unless the action is essential for public health, safety, national security, or defense. (B) When planning the Area's development and public use, the Secretary must consult the Secretary of the Army to make sure public use of nearby water or flood-control projects fits with public use of the Area.

the actual law source: uscode.house.gov ↗public domain

(a) Lands

Notwithstanding any other provision of law, any Federal property located within the boundaries of the Area as identified on the map referred to in section 460zz–1 of this title, is hereby transferred without consideration to the administrative jurisdiction of the Secretary for use by him in implementing the purposes of this part, except as follows:

(1)

Facilities and lands administered by the Secretary of the Army through the Corps of Engineers for navigational and flood control purposes may continue to be used by the Secretary of the Army subject to the provisions of subsection (b).

(2)

Federal property on which there is located any building or other structure which is in use (as of November 18, 1988) or for which a lease is in effect shall not be transferred under this subsection without the concurrence of the administering agency.

(b) Federal agency activities

(1) In general

Before any department, agency, or instrumentality of the United States issues or approves any license or permit for any facility or undertaking within the Area and before any such department, agency, or instrumentality commences any undertaking or provides any Federal assistance to the State or any local governmental jurisdiction for any undertaking within the Area, the department, agency, or instrumentality shall notify the Secretary. The Secretary shall review the proposed facility or undertaking to assess its compatibility with the plan approved under section 460zz–2 of this title. The Secretary shall make a determination with respect to the compatibility or incompatibility of a proposed facility or undertaking within 60 days of receiving notice under this subsection. If the Secretary determines that the proposed facility or undertaking is incompatible with the plan, he shall immediately notify such Federal department, agency, or instrumentality and request such department, agency, or instrumentality to take the actions necessary to conform the proposed facility or undertaking to the plan. The Federal department, agency, or instrumentality shall, within 60 days after receiving the Secretary’s request, notify the Secretary of the specific decisions made in response to the request. To the extent that such department, agency, or instrumentality does not then conform such facility or undertaking to the request of the Secretary, the Secretary is directed to notify the Congress in writing of the incompatibility of such facility or undertaking with the plan approved under section 460zz–2 of this title.

(2) Navigation

(A)

Nothing in this part shall be deemed to impact or otherwise affect such existing statutory authority as may be vested in the Secretary of the Department in which the Coast Guard is operating or the Secretary of the Army for the maintenance of navigation aids and navigation improvements: Provided, That in exercising such authority the Secretary of the Army, through the Corps of Engineers and the Secretary of the Department in which the Coast Guard is operating, shall not take any action that would have a direct and adverse effect on the values for which the Area is established unless such action is essential for the protection of public health or safety or is necessary for national security or defense.

(B)

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

Source credit: (Pub. L. 100–696, title VII, § 704, Nov. 18, 1988, 102 Stat. 4604.)

history & why it existsrecord from the source credit

1988Enacted · Pub. L. 100-696 · 102 Stat. 4604

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-696 on 1988-11-18.

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