---
kind: "section"
citation: "16 U.S.C. § 460zz–3"
title: "16"
title_heading: "Conservation"
number: "460zz–3"
heading: "Federal lands and developments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460zz-3"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter CXI — Mississippi National River and Recreation Area"
  - "Part A — Mississippi National River and Recreation Area"
---

# §460zz–3. Federal lands and developments

- (a) **Lands—** Notwithstanding any other provision of law, any Federal property located within the boundaries of the [Area](/usc/16/539m–1.md?p=1-A) as identified on the [map](/usc/16/430f–7.md?p=1) referred to in [section 460zz–1 of this title](/usc/16/460zz–1.md), is hereby transferred without consideration to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for use by him in implementing the purposes of this part, except as follows:
  - (1) Facilities and lands administered by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army through the Corps of Engineers for navigational and flood control purposes may continue to be used by the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army subject to the provisions of [subsection (b)](#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](/usc/16/539m–1.md?p=1-A) and before any such department, agency, or instrumentality commences any undertaking or provides any Federal assistance to the [State](/usc/16/590q.md?p=a) or any local governmental jurisdiction for any undertaking within the [Area](/usc/16/539m–1.md?p=1-A), the department, agency, or instrumentality shall notify the [Secretary](/usc/16/410r–5.md?p=c-1). The [Secretary](/usc/16/410r–5.md?p=c-1) shall review the proposed facility or undertaking to assess its compatibility with the plan approved under [section 460zz–2 of this title](/usc/16/460zz–2.md). The [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1) 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](/usc/16/3102.md?p=18) 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](/usc/16/410r–5.md?p=c-1)’s request, notify the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1), the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/460zz–2.md).
  - (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](/usc/16/410r–5.md?p=c-1) of the Department in which the Coast Guard is operating or the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army for the maintenance of navigation aids and navigation improvements: Provided, That in exercising such authority the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army, through the Corps of Engineers and the [Secretary](/usc/16/410r–5.md?p=c-1) of the Department in which the Coast Guard is operating, shall not [take](/usc/16/3102.md?p=18) any action that would have a direct and adverse effect on the values for which the [Area](/usc/16/539m–1.md?p=1-A) 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](/usc/16/539m–1.md?p=1-A), the [Secretary](/usc/16/410r–5.md?p=c-1) shall consult with the [Secretary](/usc/16/410r–5.md?p=c-1) of the Army to assure that public use of adjacent or related water resource developments or flood control [projects](/usc/16/410r–5.md?p=c-4) and that of the [Area](/usc/16/539m–1.md?p=1-A) are compatible.

## Source credit

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

## Notes

### Statutory Notes and Related Subsidiaries

### Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.