7. Control of Jellyfish

16 U.S.C. 1201-1205

(See Control of Jellyfish under title XI Water Pollution)

8. Control of Obnoxious Plants in Navigable Waters

33 U.S.C. 610

(See Control of Obnoxious Plants in Navigable Waters under title XI Water Pollution)

9. Control of Starfish

16 U.S.C. 1211-1213

(See Control of Starfish under title XI Water Pollution)

10. Estuarine Areas

16 U.S.C. 1221-1226

potential value to the present and future generations of Americans. It is therefore the purpose of this chapter to provide a means for considering the need to protect, conserve, and restore these estuaries in a manner that adequately and reasonably maintains a balance between the national need for such protection in the interest of conserving the natural resources and natural beauty of the Nation and the need to develop these estuaries to further the growth and development of the Nation. In connection with the exercise of jurisdiction over the estuaries of the Nation and in consequence of the benefits resulting to the public, it is declared to be the policy of Congress to recognize, preserve, and protect the responsibilities of the States in protecting, conserving, and restoring the estuaries in the United States. (Pub. L. 90-454, § 1, Aug. 3, 1968, 82 Stat. 625.)

§1222. General study and inventory of estuaries and their natural resources.

(a) Estuaries included; considerations; other applicable studies.

The Secretary of the Interior, in consultation and in cooperation with the States, the Secretary of the Army, and other Federal agencies, shall conduct directly or by contract a study and inventory of the Nation's estuaries, including without limitation coastal marshlands, bays, sounds, seaward areas, lagoons, and land and waters of the Great Lakes. For the purpose of this study, the Secretary shall consider, among other matters, (1) their wildlife and recreational potential, their ecology, their value to the marine, anadromous, and shell fisheries and their esthetic value, (2) their importance to navigation, their value for flood, hurricane, and erosion control, their mineral value, and the value of submerged lands underlying the waters of the estuaries, and (3) the value of such areas for more intensive development for economic use as part of urban developments and for commercial and industrial developments. This study and inventory shall be carried out in conjunction with the comprehensive estuarine pollution study authorized by section 466c (g) of Title 33 and other applicable studies.

(b) Federal or State land acquisition or administration; other protective methods.

The study shell focus attention on whether any land or water area within an estuary and the Great Lakes should be acquired or administered by the Secretary or by a State or local subdivision thereof, or whether such land or water area may be protected adequately through local, State, or Federal laws or other methods without Federal land acquisition or administration.

(c) Report to Congress; recommendations; authorization for acquisition of lands; consultation with States and Federal agencies; accompanying statement of views, probable effects, and major trends. The Secretary of the Interior shall, not later than January 30, 1970, submit to the Congress through the President a report of the study conducted pursuant to this section, together with any legislative recommendations, including recommendations on the feasibility and desirability of establishing a nationwide system of estuarine areas, the terms, conditions, and

authorities to govern such system, and the designa-
tion and acquisition of any specific estuarine areas
of national significance which he believes should be
acquired by the United States. No lands within such
area may be acquired until authorized by subsequent
Act of Congress. Recommendations made by the
Secretary for the acquisition of any estuarine area
shall be developed in consultation with the States,
municipalities, and other interested Federal agencies.
Each such recommendation shall be accompanied by
(1) expressions of any views which the interested
States, municipalities, and other Federal agencies
and river basin commissions may submit within sixty
days after having been notified of the proposed rec-
ommendations, (2) a statement setting forth the
probable effect of the recommended action on any
comprehensive river basin plan that may have been
adopted by Congress or that is serving as a guide for
coordinating Federal programs in the basin wherein
such area is located, (3) in the absence of such a
plan, a statement indicating the probable effect of
the recommended action on alternative beneficial
users of the resources of the proposed estuarine area,
and (4) a discussion of the major economic, social,
and ecological trends occurring in such area.
(d) Authorization of appropriations.

There is authorized to be appropriated not to exceed $250,000 for fiscal year 1969 and $250,000 for fiscal year 1970 to carry out the provisions of this section. Such sums shall be available until expended. (Pub. L. 90-454, § 2, Aug. 3, 1968, 82 Stat. 626.)

§ 1223. Agreements with States and subdivisions; equitable sharing of costs; development improve. ments; availability of appropriations; State hunting and fishing laws applicable.

After the completion of the general study authorized by section 1222 of this title, the Secretary of the Interior, with the approval of the President, may enter into an agreement, containing such terms and conditions as are mutually acceptable, with any State or with a political subdivision or agency thereof (if the agreement with such subdivision or agency is first approved by the Governor of the State involved or by a State agency designated for that purpose) for the permanent management, development, and administration of any area, land, or interests therein within an estuary and adjacent lands which are owned or thereafter acquired by a State or by any political subdivision thereof: Provided, That, with the approval of the Governor of the State involved or of a State agency designated for that purpose, the Secretary may also enter into such an agreement for any particular area whenever the segment of the general study applicable to that area is completed subject to the provisions of subsections (a) and (b) of section 1222 of this title. Such agreement shall, among other things, provide that the State or a political subdivision or agency thereof and the Secretary shall share in an equitable manner in the cost of managing, administering, and developing such areas, and such development may include the construction, operation, installation, and maintenance of buildings, devices, structures, recreational facili

11. Federal Assistance, Resource Conservation and Development Projects

7 U.S.C. 1010-1013

(See Federal Assistance, Resource Conservation and Development Projects under title
IV, Fish and Wildlife Conservation)

12. Federal Facilities-Water Pollution Abatement

Ex. Order 11507, 35 F.R. 2573

§ 803. Conditions of license generally.

All licenses issued under this subchapter shall be on the following conditions:

(a) Modification of plans, etc., to secure adaptability of project.

That the project adopted, including the maps, plans, and specifications, shall be such as in the judgment of the Commission will be best adapted to a comprehensive plan for improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, for the improvement and utilization of water-power development, and for other beneficial public uses, including recreational purposes; and if necessary in order to secure such plan the Commission shall have authority to require the modification of any project and of the plans and specifications of the project works before approval.

The operation of any navigation facilities which may be constructed as a part of or in connection with any dam or diversion structure built under the provisions of this chapter, whether at the expense of a licensee hereunder or of the United States, shall at all times be controlled by such reasonable rules and regulations in the interest of navigation, including the control of the level of the pool caused by such dam or diversion structure as may be made from time to time by the Secretary of the Army; and for willful failure to comply with any such rule or regulation such licensee shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 8250 of this title. (June 10, 1920, ch. 285, § 18, 41 Stat. 1073; Aug. 26, 1935, ch. 687, title II, § 209, 49 Stat. 845; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; June 4, 1956, ch. 351, § 2, 70 Stat. 226.)

AMENDMENTS

1956-Act June 4, 1956, substituted "secretary of the Department in which the Coast Guard is operating" for "secretary of War" in the first sentence.

1935-Act Aug. 26, 1935, added first sentence, eliminated clause which read "Such rules and regulations may include the maintenance and operation of such licensee at its own expense of such lights and signals as may be directed by the Secretary of War, and such fishways as may be prescribed by the Secretary of Commerce.", and substituted section "8250" for section "819".

Sec.

14. Federal Water Project Recreation Act
16 U.S.C. 4601-12 through 4601-21

4601-12. Recreation and fish and wildlife benefits of Fed-
eral multiple-purpose water resources projects;
declaration of policy.

4601-13. Non-Federal administration of project land and
water areas; costs; compliance prerequisite to
determination of economic benefits, allocation
of costs, and Federal bearing of costs; execu-
tion of agreement before commencement of
project construction; non-Federal share of
costs.

4601-14. Facilities or project modifications to be pro-
vided without written indication of intent.
(a) Other project purposes as justification;
public health and safety requirement
of minimum facilities at access points;
basis for calculation of benefits; non-
reimbursable costs.

(b) Preservation of recreation and fish and
wildlife enhancement potential; execu-
tion of agreements within ten year
period; disposition of lands in absence
of such agreements, prohibition
against uses conflicting with project
purposes, and preference to uses pro-
moting and not detracting from such
potential.

4601-15. Lease of facilities and lands to non-Federal pub-
lic bodies.

4601-16. Postauthorization development of projects without allocation or reallocation of costs.

4601-17. Miscellaneous provisions.

(a) Project reports; outdoor recreation
views; conformity to State comprehen-
sive plan.

(b) Migratory waterfowl refuges at Federal
projects, expenditure limitation for
acquisition of lands.

(c) Nonapplication to certain projects.
(d) Nonapplication to certain other projects.
(e) Interpretation of "nonreimbursable".
(f) Nonapplication of section 4601-9(a)(2)
to nonreimbursable costs of the United
States.
(g) Deposits in the Treasury as miscella-

neous receipts; desposits of revenue
from conveyance of certain lands in
the Land and Water Conservation
Fund.

4601-18. Authority of Secretary of Interior.

(a) Provision of facilities, acquisition of

lands, and provision for public use and enjoyment of project lands, facilities, and water areas in coordination with other project purposes; limitation per project; execution of agreements before providing lands, facilities, and project modifications. (b) Agreements with government agencies to promote development and opera tion of lands or facilities for recrea tion and fish and wildlife enhancement purposes.

(c) Transfer of lands; consent of other Fed

eral agencies to use of lands for recreation or fish and wildlife purposes; transfers to Secretary of Agriculture of forest lands; continuing administration of lands and waters for other project purposes; prohibition against limitation of authority under existing provisions of law. 4601-19. Feasibility reports.

§ 4601-12. Recreation and fish and wildlife benefits of Federal multiple-purpose water resources projects; declaration of policy.

It is the policy of the Congress and the intent of this Act (a) in investigating and planning any Federal navigation, flood control, reclamation, hydroelectric, or multiple-purpose water resource project, full consideration shall be given to the opportunities, if any, which the project affords for outdoor recreation and for fish and wildlife enhancement and that, wherever any such project can reasonably serve either or both of these purposes consistently with the provisions of this Act, it shall be constructed, operated, and maintained accordingly; (b) planning with respect to the development of the recreation potential of any such project shall be based on the coordination of the recreational use of the project area with the use of existing and planned Federal, State, or local public recreation developments; and (c) project construction agencies shall encourage non-Federal public bodies to administer project land and water areas for recreation and fish and wildlife enhancement purposes and operate, maintain, and replace facilities provided for those purposes unless such areas or facilities are included or proposed for inclusion within a national recreation area, or are appropriate for administration by a Federal agency as a part of the national forest system, as a part of the public lands classified for retention in Federal ownership, or in connection with an authorized Federal program for the conservation and development of fish and wildlife. (Pub. L. 89-72, § 1, July 9, 1965, 79 Stat. 213.)

§ 4601-13. Non-Federal administration of project land and water areas; costs; compliance prerequisite to determination of economic benefits, allocation of costs, and Federal bearing of cosis; execution of agreement before commencement of project construction; non-Federal share of costs.

(a) If, before authorization of a project, non-Federal public bodies indicate their intent in writing to agree to administer project land and water areas for recreation or fish and wildlife enhancement or for both of these purposes pursuant to the plan for the development of the project approved by the head of the agency having administrative jurisdiction over it and to bear not less than one-half the separable costs of the project allocated to recreation, and to bear one-quarter of such costs allocated to fish and wildlife enhancement and all the costs of operation, maintenance, and replacement incurred therefor—

(1) the benefits of the project to said purpose or purposes shall be taken into account in determining the economic benefits of the project;

(2) costs shall be allocated to said purpose or purposes and to other purposes in a manner which will insure that all project purposes share equitably in the advantages of multiple-purpose construction: Provided, That the costs allocated to recreation or fish and wildlife enhancement shall

not exceed the lesser of the benefits from those functions or the costs of providing recreation or fish and wildlife enhancement benefits or reasonably equivalent use and location by the least costly alternative means; and

(3) not more than one-half the separable costs of the project allocated to recreation and exactly three-quarters of such costs allocated to fish and wildlife enhancement and all the joint costs of the project allocated to recreation and fish and wildlife enhancement shall be borne by the United States and be nonreimbursable.

Projects authorized during the calendar year 1965 may include recreation and fish and wildlife enhancement on the foregoing basis without the required indication of intent. Execution of an agreement as aforesaid shall be a prerequisite to commencement of construction of any project to which this subsection is applicable.

(b) The non-Federal share of the separable costs of the project allocated to recreation and fish and wildlife enhancement shall be borne by non-Federal interests, under either or both of the following methods as may be determined appropriate by the head of the Federal agency having jurisdiction over the project: (1) payment, or provision of lands, interests therein, or facilities for the project; or (2) repayment, with interest at a rate comparable to that for other interest-bearing functions of Federal water resource projects, within fifty years of first use of project recreation or fish and wildlife enhancement facilities: Provided, That the source of repayment may be limited to entrance and user fees or charges collected at the project by non-Federal interests if the fee schedule and the portion of fees dedicated to repayment are established on a basis calculated to achieve repayment as aforesaid and are made subject to review and renegotiation at intervals of not more than five years. (Pub. L. 89-72, § 2, July 9, 1965, 79 Stat. 214.)

§ 4601-14. Facilities of project modifications to be provided without written indication of intent.

(a) Other project purposes as justification; public health and safety requirement of minimum facilities at access points; basis for calculation of bene. fits; nonreimbursable costs.

No facilities or project modifications which will furnish recreation or fish and wildlife enhancement benefits shall be provided in the absence of the indication of intent with respect thereto specified in section 4607-13(a) of this title unless (1) such facilities or modifications serve other project purposes and are justified thereby without regard to such incidental recreation or fish and wildlife enhancement benefits as they may have or (2) they are minimum facilities which are required for the public health and safety and are located at access points provided by roads existing at the time of project construction or constructed for the administration and management of the project. Calculation of the recreation and fish and wildlife enhancement benefits in any such case shall be based on the number of visitordays anticipated in the absence of recreation and fish and wildlife enhancement facilities or modifications except as hereinbefore provided and on the