---
kind: "section"
citation: "16 U.S.C. § 460gg–2"
title: "16"
title_heading: "Conservation"
number: "460gg–2"
heading: "Federal power and water resources projects"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460gg-2"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter XCI — Hells Canyon National Recreation Area"
---

# §460gg–2. Federal power and water resources projects

- (a) **Licenses by Federal Energy Regulatory Commission—** Notwithstanding any other provision of law, or any authorization heretofore given pursuant to law, the Federal Energy Regulatory [Commission](/usc/16/544.md?p=c) may not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other [project](/usc/16/410r–5.md?p=c-4) work under the Federal Power Act (41 Stat. 1063), as amended ([16 U.S.C. 791a](/usc/16/791a.md) et seq.), within the recreation [area](/usc/16/539m–1.md?p=1-A): Provided, That the provisions of the Federal Power Act (41 Stat. 1063) shall continue to apply to any [project](/usc/16/410r–5.md?p=c-4) (as defined in such Act), and all of the facilities and improvements required or used in connection with the operation and maintenance of said [project](/usc/16/410r–5.md?p=c-4), in existence within the recreation [area](/usc/16/539m–1.md?p=1-A) which [project](/usc/16/410r–5.md?p=c-4) is already constructed or under construction on December 31, 1975.
- (b) **Assistance detrimental to protected waters—** No department or agency of the United States may assist by loan, grant, license, or otherwise the construction of any water resource facility within the recreation [area](/usc/16/539m–1.md?p=1-A) which the [Secretary](/usc/16/410r–5.md?p=c-1) determines would have a direct and adverse effect on the values for which the waters of the [area](/usc/16/539m–1.md?p=1-A) are protected.

## Source credit

(Pub. L. 94–199, § 4, Dec. 31, 1975, 89 Stat. 1118; Pub. L. 95–91, title IV, § 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583.)

## Notes

### Editorial Notes

### References in Text

The Federal Power Act, referred to in subsec. (a), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.

### Statutory Notes and Related Subsidiaries

### Transfer of Functions

“Federal Energy Regulatory Commission” substituted for “Federal Power Commission” in subsec. (a) pursuant to Pub. L. 95–91, § 402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title 42, The Public Health and Welfare.

The Federal Power Commission was terminated, and its functions with regard to licenses and permits for dams, reservoirs, or other works for development and improvement of navigation and for development and utilization of power across, along, from, or in navigable waters under part I of Federal Power Act (16 U.S.C. 792 et seq.) were transferred to the Federal Energy Regulatory Commission by sections 7172(a)(1)(A) and 7293 of Title 42.