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16 U.S.C. § 831y–1 — Approval of plans by Board as condition precedent to construction and operation; restraining action without approval; other laws unaffected

submitted 93 years ago by ch. 32 to r/title-16-CONSERVATION · 373 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires Board approval before covered dams and other obstructions in the Tennessee River system are built, operated, or maintained, and before approved plans are changed. It provides a Little Tennessee River procedure and allows court orders to enforce the requirement while preserving other laws.

The unified development and regulation of the Tennessee River system requires that no dam, appurtenant works, or other obstruction, affecting navigation, flood control, or public lands or reservations must be constructed, and thereafter operated or maintained across, along, or in the the river or any of its tributaries until plans for such construction, operation, and maintenance must have been submitted to and approved by the Board; and the construction, commencement of construction, operation, or maintenance of such structures without such approval is prohibited. When such plans must have been approved, deviation therefrom either before or after completion of such structures is prohibited unless the modification of such plans has previously been submitted to and approved by the Board. In the event the Board must, within sixty days after their formal submission to the Board, fail to approve any plans or modifications, as the case may be, for construction, operation, or maintenance of any such structures on the Little Tennessee River, the above requirements must be treated satisfied, if upon application to the Secretary of the Army, with due notice to the Corporation, and hearing thereon, such plans or modifications are approved by the the Secretary of the Army as reasonably adequate and effective for the unified development and regulation of the Tennessee River system. Such construction, commencement of construction, operation, or maintenance of any structures or parts of it in violation of the provisions of this section may be prevented, and the removal or discontinuation of it required by the injunction or order of any district court exercising jurisdiction in any district in which such structures or parts of it may be situated, and the Corporation is authorized to bring appropriate proceedings to this end. The requirements of this section must not be construed to be a substitute for the requirements of any other law of the United States or of any State, now in effect or enacted later, but must be in addition to those requirements. Therefore, any approval, license, permit, or other sanction that any such law now requires or later requires for the construction, operation, or maintenance of any structures whatever, except structures that the Corporation may construct, operate, or maintain, is still required, notwithstanding the provisions of this section.
the actual law source: uscode.house.gov ↗public domain

The unified development and regulation of the Tennessee River system requires that no dam, appurtenant works, or other obstruction, affecting navigation, flood control, or public lands or reservations shall be constructed, and thereafter operated or maintained across, along, or in the said river or any of its tributaries until plans for such construction, operation, and maintenance shall have been submitted to and approved by the Board; and the construction, commencement of construction, operation, or maintenance of such structures without such approval is prohibited. When such plans shall have been approved, deviation therefrom either before or after completion of such structures is prohibited unless the modification of such plans has previously been submitted to and approved by the Board.

In the event the Board shall, within sixty days after their formal submission to the Board, fail to approve any plans or modifications, as the case may be, for construction, operation, or maintenance of any such structures on the Little Tennessee River, the above requirements shall be deemed satisfied, if upon application to the Secretary of the Army, with due notice to the Corporation, and hearing thereon, such plans or modifications are approved by the said Secretary of the Army as reasonably adequate and effective for the unified development and regulation of the Tennessee River system.

Such construction, commencement of construction, operation, or maintenance of any structures or parts thereof in violation of the provisions of this section may be prevented, and the removal or discontinuation thereof required by the injunction or order of any district court exercising jurisdiction in any district in which such structures or parts thereof may be situated, and the Corporation is authorized to bring appropriate proceedings to this end.

The requirements of this section shall not be construed to be a substitute for the requirements of any other law of the United States or of any State, now in effect or hereafter enacted, but shall be in addition thereto, so that any approval, license, permit, or other sanction now or hereafter required by the provisions of any such law for the construction, operation, or maintenance of any structures whatever, except such as may be constructed, operated, or maintained by the Corporation, shall be required, notwithstanding the provisions of this section.

Source credit: (May 18, 1933, ch. 32, § 26a, as added Aug. 31, 1935, ch. 836, § 11, 49 Stat. 1079; amended July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)

history & why it existsrecord from the source credit
  • 1933Enacted · Act of May 18, 1933, ch. 32 · 49 Stat. 1079
  • 1947Amended · Act of July 26, 1947, ch. 343 · 61 Stat. 501

A history note hasn’t been published yet. The record shows enactment by ch. 32 on 1933-05-18.

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