16 USC 410 - Project work prohibition; advisement to Secretary; report to Congress

Collapse to view only § 410eeee-7. Project work prohibition; advisement to Secretary; report to Congress

§ 410eeee. New River Gorge National Park and Preserve Designation
§ 410eeee-1. Establishment; administration, protection, and development; utilization of other authorities; boundary description, availability for public inspection
§ 410eeee-2. Acquisition of property
§ 410eeee-3. Lands and areas plan; submission to Congressional committees
§ 410eeee-4. Zoning laws and ordinances; establishment; assistance; restrictions; variances
§ 410eeee-5. Mineral lands
§ 410eeee-6. Hunting and fishing zones; designation; rules and regulations, consultation
§ 410eeee-7. Project work prohibition; advisement to Secretary; report to Congress
§ 410eeee-8. General management plan; submission to Congressional committees
§ 410eeee-9. Cooperation
§ 410eeee-10. Class I or class II redesignation for clean air purposes
§ 410eeee-11. Authorization of appropriations
§ 410eeee-12. Cooperative agreements with State
§ 410eeee-13. Improvement of access at Cunard
§ 410eeee-14. Flow management
§ 410eeee-15. Glade Creek visitor facility
§ 410eeee-16. New River Gorge and Gauley River Visitor Center
§ 410eeee-17. Applicable provisions of other law

§ 410eeee. New River Gorge National Park and Preserve Designation

(a) Short title

(b) Designation of New River Gorge National Park and New River Gorge National Preserve, West Virginia

(1) RedesignationThe New River Gorge National River established under section 1101 1

1 See References in Text note below.

of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–15) shall be known and designated as the “New River Gorge National Park and Preserve”, consisting of—

(A) the New River Gorge National Park; and

(B) the New River Gorge National Preserve.

(2) New River Gorge National Park

(3) New River Gorge National Preserve; boundary

(1) In generalThe New River Gorge National Park and Preserve shall be administered by the Secretary of the Interior (referred to in this section as the “Secretary”) in accordance with—

(A) this section;

(B) the laws generally applicable to units of the National Park System, including—

(i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54; and

(ii) chapter 3201 of title 54; and

(C) title XI of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–15 et seq.),1 except that the provisions of section 1106 1 of that Act (16 U.S.C. 460m–20) relating to hunting shall not apply to the New River Gorge National Park.

(2) Hunting and fishing

(A) HuntingHunting within the New River Gorge National Preserve shall be administered by the Secretary—

(i) in the same manner as hunting was administered on the day before December 27, 2020, in those portions of the New River Gorge National River designated as the New River Gorge National Preserve by subsection (b)(3); and

(ii) in accordance with—(I) section 1106 1 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–20); and(II) other applicable laws.

(B) FishingFishing within the New River Gorge National Park and Preserve shall be administered by the Secretary—

(i) in the same manner as fishing was administered within the New River Gorge National River on the day before December 27, 2020; and

(ii) in accordance with—(I) section 1106 1 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–20); and(II) other applicable laws.

(3) Land acquisition

(A) Additional land for national preserve

(i) In general

(ii) Boundary modificationOn acquisition of any land or interest in land under clause (i), the Secretary shall—(I) modify the boundary of the New River Gorge National Preserve to reflect the acquisition; and(II) administer the land or interest in land in accordance with the laws applicable to the New River Gorge National Preserve.

(B) Visitor parking

(i) In generalThe Secretary may acquire not more than 100 acres of land in the vicinity of the New River Gorge National Park and Preserve by purchase from a willing seller, donation, or exchange to provide for—(I) visitor parking; and(II) improved public access to the New River Gorge National Park and Preserve.

(ii) Administration

(4) Commercial recreational watercraft services

(5) References

(d) Authorization of appropriations

(Pub. L. 116–260, div. FF, title II, § 202, Dec. 27, 2020, 134 Stat. 3089.)

§ 410eeee–1. Establishment; administration, protection, and development; utilization of other authorities; boundary description, availability for public inspection

For the purpose of conserving and interpreting outstanding natural, scenic, and historic values and objects in and around the New River Gorge and preserving as a free-flowing stream an important segment of the New River in West Virginia for the benefit and enjoyment of present and future generations, the Secretary of the Interior (hereinafter referred to as the “Secretary”) shall establish and administer the New River Gorge National River.1

1 See Change of Name note below.

The Secretary shall administer, protect, and develop the national river in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),2

2 See References in Text note below.

as amended and supplemented; except that any other statutory authority available to the Secretary for the preservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this subchapter. The boundaries of the national river shall be as generally depicted on the drawing entitled “Proposed New River Gorge National River” numbered NERI 80,034, dated May 2001, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.

(Pub. L. 95–625, title XI, § 1101, Nov. 10, 1978, 92 Stat. 3544; Pub. L. 100–534, title I, § 101, Oct. 26, 1988, 102 Stat. 2700; Pub. L. 104–333, div. I, title IV, § 406(a)(1), Nov. 12, 1996, 110 Stat. 4149; Pub. L. 107–356, § 2(a), Dec. 17, 2002, 116 Stat. 3013.)

§ 410eeee–2. Acquisition of property

(a) Authority of Secretary; manner; donation of State lands; improved and unimproved properties

(b) Non-federally owned lands; cooperative agreements affecting properties of historical significance

(d) Owner’s reservation of right of use and occupancy for fixed term of years or for life; election by owner; fair market value; termination; notification

(Pub. L. 95–625, title XI, § 1102, Nov. 10, 1978, 92 Stat. 3545; Pub. L. 99–500, § 101(h) [title I, § 116(a)], Oct. 18, 1986, 100 Stat. 1783–242, 1783–266, and Pub. L. 99–591, § 101(h) [title I, § 116(a)], Oct. 30, 1986, 100 Stat. 3341–242, 3341–266; Pub. L. 99–590, title X, § 1001, Oct. 30, 1986, 100 Stat. 3339.)

§ 410eeee–3. Lands and areas plan; submission to Congressional committees

Within two years from November 10, 1978, the Secretary shall submit, in writing, to the House Committee on Interior and Insular Affairs, the Senate Committee on Energy and Natural Resources and the Committees on Appropriations of the United States Congress, a detailed plan which shall indicate—

(i) the lands and areas which he deems essential to the protection and public enjoyment of the natural, scenic, and historic values and objects of this national river;

(ii) the lands which he has previously acquired by purchase, donation, exchange, or transfer for the purpose of this national river;

(iii) the annual acquisition program (including the level of funding) which he recommends for the ensuing four fiscal years; and

(iv) the feasibility and suitability of including within the boundaries of the national river, the section of the New River from Fayetteville to Gauley Bridge, and reasons therefor.

(Pub. L. 95–625, title XI, § 1103, Nov. 10, 1978, 92 Stat. 3546.)

§ 410eeee–4. Zoning laws and ordinances; establishment; assistance; restrictions; variances

The Secretary shall on his own initiative, or at the request of any local government having jurisdiction over land located in or adjacent to the Gorge area, assist and consult with the appropriate officials and employees of such local government in establishing zoning laws or ordinances which will assist in achieving the purposes of this subchapter. In providing assistance pursuant to this section, the Secretary shall endeavor to obtain provisions in such zoning laws or ordinances which—

(1) have the effect of restricting incompatible commercial and industrial use of all real property in or adjacent to the Gorge area;

(2) aid in preserving the character of the Gorge area by appropriate restrictions on the use of real property in the vicinity, including, but not limited to, restrictions upon building and construction of all types; signs and billboards; the burning of cover; cutting of timber; removal of topsoil, sand, or gravel; dumping, storage, or piling of refuse; or any other use which would detract from the esthetic character of the Gorge area; and

(3) have the effect of providing that the Secretary shall receive advance notice of any hearing for the purpose of granting a variance and any variance granted under, and of any exception made to, the application of such law or ordinance.

(Pub. L. 95–625, title XI, § 1104, Nov. 10, 1978, 92 Stat. 3546.)

§ 410eeee–5. Mineral lands

(a) Mining; prohibition and limitation

Notwithstanding any other provision of law, no surface mining of any kind shall be permitted on federally owned lands within the boundary of the national river where the subsurface estate is not federally owned. Underground mining on such lands may be permitted by the Secretary only if—

(1) the mining operation will have no significant adverse impact on the public use and enjoyment of the national river;

(2) the mining operation will disturb the minimum amount of surface necessary to extract the mineral; and

(3) the surface is not significantly disturbed, unless there is no technologically feasible alternative.

(b) Timber harvesting

(Pub. L. 95–625, title XI, § 1105, Nov. 10, 1978, 92 Stat. 3546.)

§ 410eeee–6. Hunting and fishing zones; designation; rules and regulations, consultation

The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the boundaries of the New River Gorge National River 1

1 See Change of Name note below.

in accordance with applicable Federal and State laws, and he may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any rules and regulations of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State agency responsible for hunting and fishing activities. The Secretary shall permit the State of West Virginia to undertake fish stocking activities carried out by the State, in consultation with the Secretary, on waters within the boundaries of the national river. Nothing in this Act shall be construed as affecting the jurisdiction of the State of West Virginia with respect to fish and wildlife.

(Pub. L. 95–625, title XI, § 1106, Nov. 10, 1978, 92 Stat. 3547; Pub. L. 104–333, div. I, title IV, § 406(a)(2), Nov. 12, 1996, 110 Stat. 4149; Pub. L. 111–11, title VII, § 7115, Mar. 30, 2009, 123 Stat. 1202.)

§ 410eeee–7. Project work prohibition; advisement to Secretary; report to Congress

The Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act (41 Stat. 1063) as amended (16 U.S.C. 791a et seq.), on or directly affecting the New River Gorge National River,1

1 See Change of Name note below.

and no department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary. Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or above the New River Gorge National River 1 or on any stream tributary thereto which will not invade the area or diminish the scenic, recreation, and fish and wildlife values present in the area on November 10, 1978. No department or agency of the United States shall recommend authorization of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary, or request appropriations to begin construction on any such project whether heretofore or hereafter authorized, without advising the Secretary in writing of its intention to do so at least sixty days in advance, and without specifically reporting to the Congress in writing at the time it makes its recommendation or request in what respect construction of such project would be in conflict with the purposes of this section and would effect 2

2 So in original. Probably should be “affect”.

the national river and the values to be protected by it under this section.

(Pub. L. 95–625, title XI, § 1107, Nov. 10, 1978, 92 Stat. 3547.)

§ 410eeee–8. General management plan; submission to Congressional committees

Within three years from November 10, 1978, the Secretary shall develop and transmit to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs, a general management plan for the protection and development of the national river consistent with the purposes of this subchapter, indicating—

(1) measures for the preservation of the area’s resources;

(2) indications of types and general intensities of development (including visitor circulation and transportation patterns, systems and modes) associated with public enjoyment and use of the area, including general locations, timing of implementation, and anticipated costs;

(3) identification of and implementation commitments for visitor carrying capacities for all areas of the unit; and

(4) indications of potential modifications to the external boundaries of the unit, and the reasons therefor.

(Pub. L. 95–625, title XI, § 1109, Nov. 10, 1978, 92 Stat. 3548.)

§ 410eeee–9. Cooperation

The Secretary of the Army shall cooperate with the Secretary of the Interior concerning the water requirements of the national river. The Secretary of the Army shall provide for release of water from the Bluestone Lake project consistent with that project’s purposes and activities in sufficient quantity and in such manner to facilitate protection of biological resources and recreational use of the national river.

(Pub. L. 95–625, title XI, § 1110, Nov. 10, 1978, 92 Stat. 3548.)

§ 410eeee–10. Class I or class II redesignation for clean air purposes

For the purposes of part C of the Clean Air Act [42 U.S.C. 7470 et seq.], the State may redesignate the national river only as class I or class II.

(Pub. L. 95–625, title XI, § 1111, Nov. 10, 1978, 92 Stat. 3548.)

§ 410eeee–11. Authorization of appropriations

There are hereby authorized to be appropriated such sums as may be necessary for the purposes of this subchapter, but not to exceed $20,000,000 for the acquisition of lands and interests in lands, and not to exceed $3,000,000 for development.

(Pub. L. 95–625, title XI, § 1112, Nov. 10, 1978, 92 Stat. 3548; Pub. L. 99–500, § 101(h) [title I, § 116(b)], Oct. 18, 1986, 100 Stat. 1783–242, 1783–266, and Pub. L. 99–591, § 101(h) [title I, § 116(b)], Oct. 30, 1986, 100 Stat. 3341–242, 3341–266; Pub. L. 99–590, title X, § 1002, Oct. 30, 1986, 100 Stat. 3340.)

§ 410eeee–12. Cooperative agreements with State

In administering the national river, the Secretary is authorized to enter into cooperative agreements with the State of West Virginia, or any political subdivision thereof, for the rendering, on a reimbursable or non-reimbursable basis, of rescue, fire fighting, and law enforcement services and cooperative assistance by nearby law enforcement and fire preventive agencies.

(Pub. L. 95–625, title XI, § 1113, as added Pub. L. 100–534, title I, § 102, Oct. 26, 1988, 102 Stat. 2700.)

§ 410eeee–13. Improvement of access at Cunard

(a) Development and improvement

(b) Interim measures

(Pub. L. 95–625, title XI, § 1114, as added Pub. L. 100–534, title I, § 103, Oct. 26, 1988, 102 Stat. 2700.)

§ 410eeee–14. Flow management

(a) Findings

(b) Report to Congress required

(d) Test procedures

(Pub. L. 95–625, title XI, § 1115, as added Pub. L. 100–534, title I, § 104, Oct. 26, 1988, 102 Stat. 2701.)

§ 410eeee–15. Glade Creek visitor facility

In order to provide for public use and enjoyment of the scenic and natural resources of the New River Gorge National River 1

1 See Change of Name note below.

and in order to provide public information to visitors with respect to the national river and associated State parklands, the Secretary is authorized and directed to construct a scenic overlook and visitor information facility at a suitable location accessible from Interstate 64 in the vicinity of Glade Creek within the boundary of the national river. There is authorized to be appropriated such sums as may be necessary to carry out construction (including all related planning and design) of the scenic overlook and visitor information facility.

(Pub. L. 95–625, title XI, § 1116, as added Pub. L. 100–534, title I, § 105, Oct. 26, 1988, 102 Stat. 2702.)

§ 410eeee–16. New River Gorge and Gauley River Visitor Center

The Secretary of the Interior is authorized to construct a visitor center and such other related facilities as may be deemed necessary to facilitate visitor understanding and enjoyment of the New River Gorge National River 1

1 See Change of Name note below.

and the Gauley River National Recreation Area in the vicinity of the confluence of the New and Gauley Rivers. Such center and related facilities are authorized to be constructed at a site outside of the boundary of the New River Gorge National River 1 or Gauley River National Recreation Area unless a suitable site is available within the boundaries of either unit.

(Pub. L. 104–333, div. I, title IV, § 406(b), Nov. 12, 1996, 110 Stat. 4150.)

§ 410eeee–17. Applicable provisions of other law

(a) Cooperative agreements

(b) Remnant lands

(Pub. L. 95–625, title XI, § 1117, as added Pub. L. 104–333, div. I, title IV, § 406(a)(3), Nov. 12, 1996, 110 Stat. 4150.)