---
kind: "section"
citation: "16 U.S.C. § 460ii–4"
title: "16"
title_heading: "Conservation"
number: "460ii–4"
heading: "Funding sources and general management plan"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460ii-4"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter XCIII — Chattahoochee River National Recreation Area"
---

# §460ii–4. Funding sources and general management plan

- (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](/usc/16/620e.md?p=1) 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](/usc/54/200306.md?p=a-4), 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](/usc/16/410r–5.md?p=c-1) 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)](#a-1) are in [addition](/usc/16/410r–5.md?p=c-2) to funding and the donation of land and interests in land by the [State](/usc/16/590q.md?p=a) of Georgia, local government authorities, private [foundations](/usc/16/450ss–1.md?p=1), 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](/usc/16/410r–5.md?p=c-1) shall, after consulting with the Governor of the [State](/usc/16/590q.md?p=a) 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](/usc/16/544.md?p=k) for the use and development of the recreation [area](/usc/16/539m–1.md?p=1-A) consistent with the findings and purposes of this subchapter and [chapter 43](/usc/16/chch43.md) of this title, indicating:
    - (A) lands and interests in lands adjacent or related to the recreation [area](/usc/16/539m–1.md?p=1-A) which are deemed necessary or desirable for the purposes of resource protection, scenic integrity, or management and administration of the [area](/usc/16/539m–1.md?p=1-A) in furtherance of the purposes of this subchapter, the estimated cost of [acquisition](/usc/16/620e.md?p=1), and the recommended public [acquisition](/usc/16/620e.md?p=1) agency;
    - (B) the number of visitors and types of public use within the recreation [area](/usc/16/539m–1.md?p=1-A) 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](/usc/16/410r–5.md?p=c-1) shall submit to the committees specified in [paragraph (1)](#c-1) a revised general [management plan](/usc/16/544.md?p=k) to provide for the protection, enhancement, enjoyment, development, and use of the recreation [area](/usc/16/539m–1.md?p=1-A).
    - (B) **Public participation—** In preparing the revised plan, the [Secretary](/usc/16/410r–5.md?p=c-1) shall encourage the participation of the [State](/usc/16/590q.md?p=a) of Georgia and affected political [subdivisions](/usc/16/539m–1.md?p=15) of the [State](/usc/16/590q.md?p=a), 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](/usc/16/460ii.md) which may have a direct and adverse effect on the natural or cultural resources of the recreation [area](/usc/16/539m–1.md?p=1-A), the head of such department, agency, or instrumentality shall—
    - (A) promptly notify the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/42/4321.md) et seq.] for the action;
    - (B) provide the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/539m–1.md?p=1-A); and
    - (C) notify the [Secretary](/usc/16/410r–5.md?p=c-1) of the specific decisions made in respect to the comments and recommendations of the [Secretary](/usc/16/410r–5.md?p=c-1).

    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](/usc/42/4321.md) et seq.].

  - (2) Following receipt of notification pursuant to [paragraph (1)(A)](#d-1-A), the [Secretary](/usc/16/410r–5.md?p=c-1), after consultation with the Governor of Georgia, shall make such comments and recommendations as the [Secretary](/usc/16/410r–5.md?p=c-1) deems appropriate pursuant to [paragraph (1)(B)](#d-1-B) as promptly as practicable in accordance with the notifying agency’s procedures established pursuant to [paragraph (1)(A)](#d-1-A). In any instance in which the [Secretary](/usc/16/410r–5.md?p=c-1) does not provide comments and recommendations under [paragraph (1)(B)](#d-1-B), the [Secretary](/usc/16/410r–5.md?p=c-1) shall notify in writing, the appropriate committees of Congress.
  - (3) Following receipt of the notifying agency’s decisions pursuant to [paragraph (1)(C)](#d-1-C), the [Secretary](/usc/16/410r–5.md?p=c-1) 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)](#d-1-C), along with a copy of the comments and recommendations made pursuant to [paragraph (1)(B)](#d-1-B).
  - (4) In any instance in which the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/539m–1.md?p=1-A), the [Secretary](/usc/16/410r–5.md?p=c-1) shall notify the head of such Federal agency in writing. Upon such notification by the [Secretary](/usc/16/410r–5.md?p=c-1), such agency shall promptly comply with the provisions of subparagraphs [(A)](#d-1-A), [(B)](#d-1-B), and [(C)](#d-1-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](/usc/16/410r–5.md?p=c-1) and which are located within the authorized boundary of the recreation [area](/usc/16/539m–1.md?p=1-A) shall not commence such action until such time as the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/590q.md?p=a) of disaster;
    - (C) those necessary to respond to an imminent threat to national security; and
    - (D) those that the [Secretary](/usc/16/410r–5.md?p=c-1) has determined to be not inconsistent with the general [management plan](/usc/16/544.md?p=k) for the recreation [area](/usc/16/539m–1.md?p=1-A).

    Actions which are part of a [project](/usc/16/410r–5.md?p=c-4) 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](/usc/42/7401.md) 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.


## Footnotes

[^1]: See References in Text note below.

## 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.)

## Notes

### Editorial Notes

### References in Text

The Land and Water Conservation Fund Act (78 Stat. 897), referred to in subsec. (a)(1), probably means the Land and Water Conservation Fund Act of 1965, Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 897, which was classified principally to part B (§ 460l–4 et seq.) of subchapter LXIX of this chapter. Sections 2, 3, 4(i)(1)(C), (j) to (n), 5 to 10, and 201 of the Act were repealed and restated as sections 100506(c) and 100904 and chapter 2003 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

The convening of the Ninety-sixth Congress, referred to in subsec. (a)(1), took place on Jan. 15, 1979.

The National Environmental Policy Act of 1969, referred to in subsec. (d)(1), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The Clean Air Act, referred to in subsec. (d)(6), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.

### Codification

In subsec. (a)(1), “section 200306(a)(4) of title 54” substituted for “section 7(a)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9(a)(3))” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

### Amendments

1999—Pub. L. 106–154, § 2(d)(1), inserted section catchline.

Subsec. (a). Pub. L. 106–154, § 2(d)(1), (2), inserted subsec. heading, designated existing provisions as par. (1), inserted heading, substituted “$115,000,000” for “$79,400,000” and “this subchapter” for “this subchapter and chapter 43 of this title”, and added pars. (2) and (3).

Subsec. (c). Pub. L. 106–154, § 2(d)(3), inserted subsec. heading, designated existing provisions as par. (1), inserted par. (1) heading, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, substituted “transmit to the Committee on Resources of the House of Representatives” for “transmit to the Committee on Interior and Insular Affairs of the United States House of Representatives”, and added par. (2).

Subsec. (c)(1)(A). Pub. L. 106–154, § 2(e)(4), substituted “of this subchapter” for “of this subchapter and chapter 43 of this title”.

1984—Subsec. (a). Pub. L. 98–568, § 1(e)(1), substituted “$79,400,000” for “$72,900,000” and inserted provision respecting applicable statutory ceiling on appropriations.

Subsec. (c). Pub. L. 98–568, § 1(e)(2), substituted “seven years” for “three years”.

Subsec. (d). Pub. L. 98–568, § 1(e)(3), added subsec. (d).

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.