Collapse to view only § 460ww-4. Special conditions
- § 460ww. Establishment
- § 460ww-1. Administration
- § 460ww-2. Miscellaneous
- § 460ww-3. Authorization of appropriations
- § 460ww-4. Special conditions
- § 460ww-5. Advisory Committee
§ 460ww. Establishment
(a) In general
(b) Area included
(c) Boundary modifications
(Pub. L. 100–534, title II, § 201, Oct. 26, 1988, 102 Stat. 2702; Pub. L. 103–437, § 6(d)(21), Nov. 2, 1994, 108 Stat. 4584.)
§ 460ww–1. Administration
(a) In general
(b) Hunting and fishing; fish stocking
(c) Cooperative agreements with State
(d) Application of other provisions
(e) Recreational access
(1) Existing public roads
(2) Facilities adjacent to dam
(3) Other locations
(4) Access to river
(A) In order to facilitate public safety, use, and enjoyment of the recreation area, and to protect, to the maximum extent feasible, the scenic and natural resources of the area, the Secretary is authorized and directed to acquire such lands or interests in lands and to take such actions as are necessary to provide access by noncommercial entities on the north side of the Gauley River at the area known as Woods Ferry utilizing existing roads and rights-of-way. Such actions by the Secretary shall include the construction of parking and related facilities in the vicinity of Woods Ferry for noncommercial use on lands acquired pursuant to paragraph (3) or on lands acquired with the consent of the owner thereof within the boundaries of the recreation area.
(B) If necessary, in the discretion of the Secretary, in order to minimize environmental impacts, including visual impacts, within portions of the recreation area immediately adjacent to the river, the Secretary may, by contract or otherwise, provide transportation services for noncommercial visitors, at reasonable cost, between such parking facilities and the river.
(C) Nothing in subparagraph (A) shall affect the rights of any person to continue to utilize, pursuant to a lease in effect on April 1, 1993, any right of way acquired pursuant to such lease which authorizes such person to use an existing road referred to in subparagraph (A). Except as provided under paragraph (2) relating to access immediately downstream of the Summersville project, until there is compliance with this paragraph the Secretary is prohibited from acquiring or developing any other river access points within the recreation area.
(f) Properties and facilities of Federal agencies
(Pub. L. 100–534, title II, § 202, Oct. 26, 1988, 102 Stat. 2702; Pub. L. 104–333, div. I, title IV, § 406(c)(2), Nov. 12, 1996, 110 Stat. 4150.)
§ 460ww–2. Miscellaneous
(a) Lands and waters
(b) Jurisdiction
(c) Protection of existing project
(Pub. L. 100–534, title II, § 203, Oct. 26, 1988, 102 Stat. 2704.)
§ 460ww–3. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry out the purpose of this subchapter.
(Pub. L. 100–534, title II, § 204, Oct. 26, 1988, 102 Stat. 2704.)
§ 460ww–4. Special conditions
(a) New project construction
(b) Adverse effects on recreation area
(c) New project permits
(Pub. L. 100–534, title II, § 205, Oct. 26, 1988, 102 Stat. 2704; Pub. L. 104–333, div. I, title IV, § 406(c)(1), Nov. 12, 1996, 110 Stat. 4150.)
§ 460ww–5. Advisory Committee
(a) Establishment
(b) Management and development issues
(c) Expenses
(d) Membership
The Secretary shall appoint members to the Advisory Committee as follows:
(1) one member to represent other departments or agencies of the United States administering lands affected by the recreation area, to be appointed from among persons nominated by the head of such department or agency;
(2) two members to represent the State Department of Natural Resources, to be appointed from among persons nominated by the Governor of the State of West Virginia;
(3) one member to represent the State Department of Commerce to be appointed from among persons nominated by the Governor of West Virginia;
(4) three members to represent the commercial whitewater rafting industry in West Virginia;
(5) one member to represent noncommercial whitewater boating organizations;
(6) one member to represent conservation organizations in West Virginia;
(7) one member to represent individuals engaged in game fishing in West Virginia;
(8) one member to represent the Nicholas County Chamber of Commerce;
(9) one member to represent the Fayette County Chamber of Commerce;
(10) one member to represent recreational users of Summersville Lake; and
(11) two members to represent local citizens or citizens groups which are concerned with the Gauley River or own lands included within the boundaries of the recreation area.
(e) Termination; charter
(Pub. L. 100–534, title II, § 206, Oct. 26, 1988, 102 Stat. 2705; Pub. L. 117–286, § 4(a)(92), Dec. 27, 2022, 136 Stat. 4316.)