Page:United States Statutes at Large Volume 102 Part 5.djvu/599

 PUBLIC LAW 100-696—NOV. 18, 1988

102 STAT. 4605

facility or undertaking with the plan approved under section 703. (2) NAVIGATION.—(A) Nothing in this subtitle shall be deemed to impact or otherwise affect such existing statutory authority as may be vested in the Secretary of the Department in which the Coast Guard is operating or the Secretary of the Army for the maintenance of navigation aids and navigation improvements: Provided, That in exercising such authority the Secretary of the Army, through the Corps of Engineers and the Secretary of the Department in which the Coast Guard is operating, shall not take any action that would have a direct and adverse effect on the values for which the Area 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, the Secretary shall consult with the Secretary of the Army to assure that public use of adjacent or related water resource developments or flood control projects and that of the Area are compatible. ADMINISTRATION

SEC. 705. (a) AUTHORITIES.—The Secretary shall administer the 16 USC 460zz-4. Area in accordance with this subtitle. Only those lands within the Area under the direct jurisdiction of the Secretary shall be administered in accordance with the provisions of law generally applicable to units of the National Park System. Our lands and waters within the Area shall be administered under State and local laws. In the case of any conflict between the provisions of this subtitle and such generally applicable provisions of law, the provisions of this subtitle shall govern. Oa) STATE AND LOCAL AUTHORITIES.—The Secretary shall consult

and cooperate with the State of Minnesota and its political subdivisions concerning the development and management of Federal lands within the Area. (c) LAND ACQUISITION.—Within the boundaries of the Area, the

Secretary is authorized, in consultation with the State of Minnesota and the affected local governmental unit, to acquire land and interests therein by donation, purchase with donated or appropriated funds, exchange or transfer, except as provided in paragraphs (1) and (2). (1) Any lands or interests therein owned by the State of Gifts and Minnesota or any political subdivision thereof may be acquired property. only by donation. (2) Privately owned lands or interests therein may be acquired only with the consent of the owner thereof unless the "^ Secretary makes a determination pursuant to subsection (d)(2). In no event may the Secretary use the authority provided in subsection (d)(3) to acquire land or interests in land without the owner's consent for any use exercised prior to January 1, 1987, that is consistent with the plan under section 703. (d) REVIEW OF LOCAL PLANS.—

(1) AUTHORITY.—For the purpose of protecting the integrity of the Area the Secretary shall cooperate and consult with the State and the appropriate political subdivisions to review all relevant local plans, laws and ordinances to determine whether they substantially conform to the plan approved pursuant to

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