18 CFR Part 1304

[Code of Federal Regulations]
[Title 18, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR1304.1]
[Page 168-169]
TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
CHAPTER XIII--TENNESSEE VALLEY AUTHORITY
PART 1304_APPROVAL OF CONSTRUCTION IN THE TENNESSEE RIVER SYSTEM
AND REGULATION OF STRUCTURES AND OTHER ALTERATIONS--Table of Contents
Subpart A_Procedures for Approval of Construction
Sec. 1304.1 Scope and intent.
The Tennessee Valley Authority Act of 1933 among other things confers on TVA broad
authority related to the unified conservation and development of the Tennessee River Valley and
surrounding area and directs that property in TVA's custody be used to promote the Act's
purposes. In particular, section 26a of the Act requires that TVA's approval be obtained prior to
the construction, operation, or maintenance of any dam, appurtenant works, or other obstruction
affecting navigation, flood control, or public lands or reservations along or in the Tennessee
River or any of its tributaries. By way of example only, such obstructions may include boat
docks, piers, boathouses, buoys, floats, boat launching ramps, fills, water intakes, devices for
discharging effluent, bridges, aerial cables, culverts, pipelines, fish attractors, shoreline
stabilization projects, channel excavations, and nonnavigable houseboats as defined in Sec.
1304.101. Any person considering constructing, operating, or maintaining any such obstruction
on a stream in the Tennessee River Watershed should carefully review the regulations in this part
and the 26a Applicant's Package before doing so. The regulations also apply to certain activities
on TVA-owned land alongside TVA reservoirs and to land subject to TVA flowage easements.
TVA uses and permits use of the lands and land rights in its custody alongside and subjacent to
TVA reservoirs and exercises its land rights to carry out the purposes and policies of the Act. In
addition, the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321
et seq., and the Federal Water Pollution Control Act Amendments of 1972 (FWPCA), 33 U.S.C.
1251 et seq., have declared it to be congressional policy that agencies should administer their
statutory authorities so as to restore, preserve, and enhance the quality of the environment and
should cooperate in the control of pollution. It is the intent of the regulations in this part 1304 to
carry out the purposes of the Act and other statutes relating to these purposes, and this part shall
be interpreted and applied to that end.