§ 460ee. — Establishment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460ee]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXIX--BIG SOUTH FORK NATIONAL RIVER AND RECREATION AREA
Sec. 460ee. Establishment
(a) ``Secretary'' defined; statement of purposes; boundaries;
acquisition of outside sites for administrative, visitor
orientation, and recreation facilities
As used in this section the term ``Secretary'' shall mean the
Secretary of the Army, acting through the Chief of Engineers. The
Secretary, in accordance with the national recreation area concept
included in the interagency report prepared pursuant to section 218 of
the Flood Control Act of 1968 (Public Law 90-483) by the Corps of
Engineers, the Department of the Interior, and the Department of
Agriculture, as modified by this section, is authorized and directed to
establish on the Big South Fork of the Cumberland River in Kentucky and
Tennessee the Big South Fork National River and Recreation Area
(hereafter in this section referred to as the ``National Area'') for the
purposes of conserving and interpreting an area containing unique
cultural, historic, geologic, fish and wildlife, archeologic, scenic,
and recreational values, preserving as a natural, free-flowing stream
the Big South Fork of the Cumberland River, major portions of its Clear
Fork and New River stems, and portions of their various tributaries for
the benefit and enjoyment of present and future generations, the
preservation of the natural integrity of the scenic gorges and valleys,
and the development of the area's potential for healthful outdoor
recreation. The boundaries shall be as generally depicted on the drawing
prepared by the Corps of Engineers and entitled ``Big South Fork
National River and Recreation Area'' identified as map number BSF-
NRRA(1)(A) and dated October 1972, which shall be on file and available
for public inspection in the office of the District Engineer, U.S. Army
Engineer District, Nashville, Tennessee. The Secretary may acquire sites
at locations outside such boundaries, as he determines necessary, for
administrative and visitor orientation facilities. The Secretary may
also acquire a site outside such boundaries at or near the location of
the historic Tabard Inn in Ruby, Tennessee, including such lands as he
deems necessary, for the establishment of a lodge with recreational
facilities as provided in subsection (e)(3) of this section.
(b) Transfer of responsibility for planning, acquisition, and
development, and administrative jurisdiction to Secretary of the
Interior; boundary revisions; acreage limitation
Effective upon November 15, 1990, responsibility for all planning,
acquisition, and development, as well as administrative jurisdiction
over all Federal lands, water, interests therein, and improvements
thereon, within the National Area is hereby transferred to the Secretary
of the Interior. The Secretary may complete all acquisition and
development activities in progress on November 15, 1990, and the
Secretary and the Secretary of the Interior may, by mutual agreement,
provide for an orderly and phased assumption of responsibilities
(including but not limited to land acquisition and the construction of
necessary access roads, day-use facilities, campground facilities,
lodges, and administrative buildings) and available funds by the
Secretary of the Interior in furtherance of the purposes of this
section. The Secretary of the Interior shall administer the National
Area in accordance with sections 1, 2, 3, and 4 of this title, as
amended and supplemented. The authorities set forth in this section
which were available to the Secretary immediately prior to November 15,
1990, shall after November 15, 1990, be available to the Secretary of
the Interior. In the administration of the National Area the Secretary
may utilize such statutory authority available to him for the
conservation and management of wildlife and natural resources as he
deems appropriate to carry out the purposes of this section. The
Secretary of the Interior may, after transfer to him, revise the
boundaries from time to time, but the total acreage within such
boundaries shall not exceed one hundred and twenty-five thousand acres.
Following such transfer the authorities available to the Secretary in
subsection (c) of this section shall likewise be available to the
Secretary of the Interior.
(c) Acquisition of property; tracts; exchange and disposal of property;
transfer from Federal agency to administrative jurisdiction of
Secretary; residential property, right of use and occupancy;
fair market value; transfer or assignment; lifetime residence of
tenant or spouse; accrual of obligation or rental to United
States; ``improved property'' defined; mineral rights
(1) Within the boundaries of the National Area, the Secretary may
acquire lands and waters or interests therein by donation, purchase with
donated or appropriated funds, or exchange or otherwise, except that
lands (other than roads and rights-of-way for roads) owned by the States
of Kentucky and Tennessee or any political subdivisions thereof which
were in public ownership on October 22, 1976, may be acquired only by
donation. When an individual tract of land is only partly within the
boundaries of the National Area, the Secretary may acquire all of the
tract by any of the above methods in order to avoid the payment of
severance costs. Land so acquired outside of the boundaries of the
National Area may be exchanged by the Secretary for non-Federal lands
within the National Area boundaries, and any portion of the land not
utilized for such exchanges may be disposed of in accordance with the
provisions of the Federal Property and Administrative Services Act of
1949 \1\ (63 Stat. 377), as amended. Notwithstanding any other provision
of law, any Federal property within the boundaries of the National Area
shall be transferred without consideration to the administrative
jurisdiction of the Secretary for the purposes of this section.
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\1\ See References in Text note below.
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(2) With the exception of property or any interest in property that
the Secretary determines is necessary for purposes of administration,
preservation, or public use, any owner or owners (hereafter in this
section referred to as ``owner'') of improved property used solely for
noncommercial residential purposes on the date of its acquisition by the
Secretary may retain the right of use and occupancy of such property for
such purposes for a term, as the owner may elect, ending either (A) upon
the death of the owner or his spouse, whichever occurs later, or (B) not
more than twenty-five years from the date of acquisition. The Secretary
shall pay to the owner the fair market value of the property on the date
of such acquisition, less the fair market value on such date of the term
retained by the owner. Such right: shall be subject to such terms and
conditions as the Secretary deems appropriate to assure that the
property is used in accordance with the purposes of this section; may be
transferred or assigned; and may be terminated with respect to the
entire property by the Secretary upon his determination that the
property or any portion thereof has ceased to be used for noncommercial
residential purposes, and upon tender to the holder of the right an
amount equal to the fair market value, as of the date the tender, of
that portion of the right which remains unexpired on the date of
termination. Any person residing upon improved property, subject to the
right of acquisition by the Secretary as a tenant or by the sufferance
of the owner or owners of the property may be allowed to continue in
such residence for the lifetime of such person or his spouse, whichever
occurs later, subject to the same restrictions as applicable to owners
residing upon such property and provided that any obligation or rental
incurred as consideration for such tenancy shall accrue during such term
to the United States to be used in the administration of this section.
(3) As used in this section the term ``improved property'' means a
detached year-round one-family dwelling which serves as the owner's
permanent place of abode at the time of acquisition, and construction of
which was begun before January 1, 1974, together with so much of the
land on which the dwelling is situated, such land being in the same
ownership as the dwelling, as the Secretary shall designate to be
reasonably necessary for the enjoyment of the dwelling for the sole
purpose of noncommercial residential use, except that the Secretary may
exclude from any improved property any waters or land fronting thereon,
together with so much of the land adjoining such waters or land as he
deems necessary for public access thereto.
(4) In any case where the Secretary determines that underlying
minerals are removable consistent with the provisions of subsection
(e)(3) of this section, the owner of the minerals underlying property
acquired for the purposes of this section may retain such interest. The
Secretary shall reserve the right to inspect and regulate the extraction
of such minerals to insure that the values enumerated in subsection (a)
of this section are not reduced and that the purposes declared in
subsection (e)(1) of this section are not interfered with.
(d) Hunting, fishing, and trapping; rules and regulations after
consultations with State agencies
The Secretary, and the Secretary of the Interior after jurisdiction
over the National Area has been transferred to him under subsection (b)
of this section, shall permit hunting, fishing, and trapping on lands
and waters under his jurisdiction within the boundaries of the National
Area in accordance with applicable Federal and State laws, except that
he may designate zones where, and establish periods when, no hunting,
fishing, or trapping 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 or the Secretary of the Interior pursuant to this subsection
shall be put into effect only after consultation with the appropriate
State agency responsible for hunting, fishing, and trapping activities.
(e) Gorge areas division: restrictions, limited motorboat access,
operation and maintenance of rail line, access routes,
maintenance of roads for nonvehicular traffic, ingress and
egress of residents, protection of values; adjacent areas
division: restrictions, boundaries; Rugby area; Federal
consultations with involved agencies respecting development and
management of adjacent National Area; Blue Heron Mine community,
restoration; rail and alternative transportation study; report
to Congress
(1) The National Area shall be established and managed for the
purposes of preserving and interpreting the scenic, biological,
archeological, and historical resources of the river gorge areas and
developing the natural recreational potential of the area for the
enjoyment of the public and for the benefit of the economy of the
region. The area within the boundary of the National Area shall be
divided into two categories; namely, the gorge areas and adjacent areas
as hereinafter defined.
(2)(A) Within the gorge area, no extraction of, or prospecting for
minerals, petroleum products, or gas shall be permitted. No timber shall
be cut within the gorge area except for limited clearing necessary for
establishment of day-use facilities, historical sites, primitive
campgrounds, and access roads. No structures shall be constructed within
the gorge area except for structures associated with the improvement of
historical sites specified in paragraphs (5), (6), and (8), except for
day-use facilities and primitive campgrounds along the primary and
secondary access routes specified herein and within 500 feet of such
roads, and except for primitive campgrounds accessible only by water or
on foot. No motorized transportation shall be allowed in the gorge area
except on designated access routes, existing routes for administration
of the National Area, existing routes for access to cemeteries; except
that motorboat access into the gorge area shall be permitted up to a
point one-tenth of a mile downstream from Devils' Jumps and except for
the continued operation and maintenance of the rail line currently
operated and known as the K & T Railroad. The Secretary of the Interior
shall impose limitations on the use of existing routes for access to
cemeteries. The Secretary shall acquire such interest in the K & T
Railroad right-of-way by easement as he deems necessary to protect the
scenic, esthetic, and recreational values of the gorge area and the
adjacent areas.
(B) Primary access routes into the gorge area may be constructed or
improved upon the general route of the following designated roads:
Tennessee Highway Numbered 52, FAS 2451 (Leatherwood Ford Road), the
road into the Blue Heron Community, and Kentucky Highway Numbered 92.
(C) Secondary access roads in the gorge area may be constructed or
improved upon the following routes: the roads from Smith Town, Kentucky,
to Worley, Kentucky, the road crossing the Clear Fork at Burnt Mill
Bridge, the road from Goad, Tennessee, to Zenith, Tennessee, the road
from Co-Operative, Kentucky, to Kentucky Highway Numbered 92, the road
entering the gorge across from the mouth of Alum Creek in Kentucky, the
road crossing the Clear Fork at Peters Bridge, the road entering the
gorge across from the mouth of Station Camp Creek.
(D) All other existing roads in the gorge area shall be maintained
for nonmotorized traffic only, except that nothing in this section shall
abrogate the right of ingress and egress of those who remain in
occupancy under subsection (c)(1) of this section.
(E) Road improvement or maintenance and any construction of roads or
facilities in the gorge area as permitted by this section shall be
accomplished by the Secretary in a manner that will protect the declared
values of this unique natural scenic resource.
(3) In adjacent areas: the removal of timber shall be permitted only
where required for the development or maintenance of public use and for
administrative sites and shall be accomplished with careful regard for
scenic and environmental values; prospecting for minerals and the
extraction of minerals from the adjacent areas shall be permitted only
where the adit to any such mine can be located outside the boundary of
the National Area; no surface mining or strip mining shall be permitted;
prospecting and drilling for petroleum products and natural gas shall be
permitted in the adjacent area under such regulations as the Secretary
or the Secretary of the Interior, after jurisdiction over the national
river and recreation area has been transferred to him under subsection
(b) of this section, may prescribe to minimize detrimental environment
impact, such regulations shall provide among other things for an area
limitation for each such operation, zones where operations will not be
permitted, and safeguards to prevent air and water pollution; no storage
facilities for petroleum products or natural gas shall be located within
the boundary of the National Area except as necessary and incidental to
production; the Secretary is authorized to construct two lodges with
recreational facilities within the adjacent areas so as to maximize and
enhance public use and enjoyment of the National Area; construction of
all roads and facilities in the adjacent areas shall be undertaken with
careful regard for the maintenance of the scenic and esthetic values of
the gorge area and the adjacent areas.
(4) The gorge area as set out in paragraphs (1) and (2) of this
subsection shall consist of all lands and waters of the Big South Fork,
Clear Fork, and New York River which lie between the gorge or valley rim
on either side (where the rim is not clearly defined by topography, the
gorge boundary shall be established at an elevation no lower than that
of the nearest clearly demarked rim on the same side of the valley), and
those portions of the main tributaries and streams in the watersheds of
the Big South Fork, Clear Fork, and New River that lie within a gorge or
valley rim on either side, except that no lands or waters north of
Kentucky Highway Numbered 92 shall be included. The designated adjacent
areas shall consist of the balance of the National Area.
(5) The Secretary, and the Secretary of the Interior, shall consult
and cooperate with the Tennessee Historical Commission and the Rugby
Restoration Association and with other involved agencies and
associations, both public and private concerning the development and
management of the National Area in the area adjacent to Rugby,
Tennessee. Development within the area adjacent to Rugby, Tennessee,
shall be designed toward preserving and enhancing the historical
integrity of the community and any historical sites within the boundary
of the National Area.
(6) The Secretary, or the Secretary of the Interior, after
jurisdiction over the National Area has been transferred to him under
subsection (b) of this section, shall provide for the restoration of the
Blue Heron Mine community in a manner which will preserve and enhance
the historical integrity of the community and will contribute to the
public's understanding and enjoyment of its historical value. To that
end the Secretary, or the Secretary of the Interior, after jurisdiction
over the National Area has been transferred to him under subsection (b)
of this section, may construct and improve structures within and may
construct and improve a road into this community.
(7) The Secretary shall study the desirability and feasibility of
reestablishing rail transportation on the abandoned O&W railbed or an
alternative mode of transportation within the National Area upon the O&W
roadbed, and shall report to Congress his recommendation with regard to
development of this facility.
(8) Improvement of charit creek lodge and historic structures.--The
Secretary of the Interior may make improvements to the Charit Creek
Lodge and associated facilities and to historic structures determined to
be eligible for listing in the National Register of Historic Places.
Such improvements shall be made in a manner consistent with the historic
scene and the limited ability of the National Area to accommodate
additional use and development. Improvements to the Charit Creek Lodge
and associated facilities shall be made within the approximately 30
acres of cleared land existing on November 15, 1990, and within carrying
capacity limitations determined by the National Park Service.
(f) Federal power and water resources projects; license and other
restrictions; limitations inapplicable to external areas
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.), within or directly
affecting the National Area 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 the National Area was
established. Nothing contained in the preceding sentence shall preclude
licensing of, or assistance to, developments below or above the National
Area or on any stream tributary thereto which will not invade the
National Area or unreasonably diminish the scenic, recreation, and fish
and wildlife values present in the area on March 7, 1974. 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 the National Area was established, or request
appropriations to begin construction of any such project, whether
heretofore or hereafter authorized, without advising the Secretary or
the Secretary of the Interior, after jurisdiction over the National Area
has been transferred to him under subsection (b) of this section, in
writing of its intention so to do at least sixty days in advance, and
without specifically reporting to the Congress in writing at the time it
makes its recommendations or request in what respect construction of
such project would be in conflict with the purposes of this section and
would affect the National Area and the values to be protected under this
section.
(g) Transportation facilities; study and establishment
The Secretary shall study transportation facilities in the region
served by the National Area and shall establish transportation
facilities to enhance public access to the National Area. In this
connection the Secretary is authorized to acquire and maintain public
roads, other than State highways, necessary to serve the public use
facilities within the National Area, and to establish and maintain, at
Federal cost an interior and circulating road system sufficient to meet
the purposes of this section. Any existing public road, which at the
time of its acquisition continues to be a necessary and essential part
of the county highway system, may, upon mutual agreement between the
Secretary and the owner of such road, be relocated outside of the
National Area and if not so relocated such road shall be maintained at
Federal expense and kept open at all times for general travel purposes.
Nothing in this subsection shall abrogate the right of egress and
ingress of those persons who may remain in occupancy under subsection
(c) of this section. Nothing in this subsection shall preclude the
adjustment, relocation, reconstruction, or abandonment of State highways
situated in the National Area, with the concurrence of the agency having
the custody of such highways upon entering into such arrangements as the
Secretary or the Secretary of the Interior, after jurisdiction over the
National Area has been transferred to him under subsection (b) of this
section, deems appropriate and in the best interest of the general
welfare.
(h) New River plan and programs; transmittal to Congress
In furtherance of the purpose of this subsection the Secretary in
cooperation with the Secretary of Agriculture, the heads of other
Federal departments and agencies involved, and the State of Tennessee
and its political subdivisions, shall formulate a comprehensive plan for
that portion of the New River that lies upstream from United States
Highway Numbered 27. Such plan shall include, among other things,
programs to enhance the environment and conserve and develop natural
resources, and to minimize siltation and acid mine drainage. Such plan,
with recommendations, including those as to costs and administrative
responsibilities, shall be completed and transmitted to the Congress
within one year from March 7, 1974.
(i) Water quality protection; interagency cooperation
The Secretary or the Secretary of the Interior, after jurisdiction
over the National Area has been transferred to him under subsection (b)
of this subsection, shall consult and cooperate with other departments
and agencies of the United States and the States of Tennessee and
Kentucky in the development of measures and programs to protect and
enhance water quality within the National Area and to insure that such
programs for the protection and enhancement of water quality do not
diminish other values that are to be protected under this section.
(j) Real and personal property tax losses; reimbursement; authorization
of appropriations
(1) Until such time as the transfer of jurisdiction to the Secretary
of the Interior authorized by subsection (b) of this section shall take
place, for the purpose of financially assisting the States of Tennessee
and Kentucky, McCreary County, Kentucky, and Scott, Morgan, Pickett, and
Fentress Counties in Tennessee, because of losses which these
jurisdictions will sustain by reason of the fact that certain lands and
other property within their boundaries may be included within the
National Area established by this section and thereafter will no longer
be subject to real and personal property taxes levied or imposed by
them, payments shall be made to them on an annual basis in an amount
equal to those taxes levied or imposed on such property for the last
taxable year immediately preceding March 7, 1974.
(2) For the purpose of enabling the Secretary to make such payments
during the fiscal years ending June 30, 1975, June 30, 1976, June 30,
1977, June 30, 1978, and June 30, 1979, there are authorized to be
appropriated such sums as may be necessary.
(k) Authorization of appropriations; prohibition of appropriation from
Land and Water Conservation Fund
There are authorized to be appropriated $156,122,000 to carry out
the provisions of this section, other than subsection (j) of this
section. Costs for the National Area shall be provided in the same
manner as costs for national recreation areas administered by the
Secretary of the Interior through the National Park Service.
(Pub. L. 93-251, title I, Sec. 108, Mar. 7, 1974, 88 Stat. 43; Pub. L.
94-587, Sec. 184, Oct. 22, 1976, 90 Stat. 2940; Pub. L. 95-91, title IV,
Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L. 99-662, title XI,
Sec. 1110, Nov. 17, 1986, 100 Stat. 4231; Pub. L. 101-561, Sec. 1, Nov.
15, 1990, 104 Stat. 2778.)
References in Text
Section 218 of the Flood Control Act of 1968, referred to in subsec.
(a), is section 218 of Pub. L. 90-483, Aug. 13, 1968, 82 Stat. 749,
which was not classified to the Code.
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (c)(1), is act June 30, 1949, ch. 288,
63 Stat. 377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of
Title 41, Public Contracts, the Act was repealed and reenacted by Pub.
L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as
chapters 1 to 11 of Title 40, Public Buildings, Property, and Works.
The Federal Power Act, referred to in subsec. (f), is act June 10,
1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally
to chapter 12 (Sec. 791a et seq.) of this title. For complete
classification of this Act to the Code, see section 791a of this title
and Tables.
Codification
In subsec. (c)(1), ``public ownership on October 22, 1976,''
substituted for ``public ownership at the time of enactment of this
section'' for purposes of codification, Oct. 22, 1976, being date of
approval of Pub. L. 94-587.
Amendments
1990--Subsec. (b). Pub. L. 101-561, Sec. 1(a), struck out par. (1)
designation, substituted ``Effective upon November 15, 1990,
responsibility for all planning, acquisition, and development, as well
as administrative jurisdiction over all Federal lands, water, interests
therein, and improvements thereon, within the National Area is hereby
transferred to the Secretary of the Interior. The Secretary may complete
all acquisition and development activities in progress on November 15,
1990, and the Secretary and the Secretary of the Interior may, by mutual
agreement, provide for an orderly and phased assumption of
responsibilities (including but not limited to land acquisition and the
construction of necessary access roads, day-use facilities, campground
facilities, lodges, and administrative buildings) and available funds by
the Secretary of the Interior in furtherance of the purposes of this
section. The Secretary of the Interior shall administer the National
Area in accordance with sections 1, 2, 3, and 4 of this title, as
amended and supplemented. The authorities set forth in this section
which were available to the Secretary immediately prior to November 15,
1990, shall after November 15, 1990, be available to the Secretary of
the Interior.'' for ``The Secretary shall establish the National Area by
publication of notice thereof in the Federal Register when he determines
that the United States has acquired an acreage within the boundaries of
the National Area that is efficiently administrable for the purposes of
this section. After publication of notice, and after he has completed
the construction of necessary access roads, day-use facilities,
campground facilities, lodges, and administrative buildings, the
Secretary shall transfer the jurisdiction of the National Area to the
Secretary of the Interior who shall administer the National Area in
accordance with sections 1, 2, 3, and 4 of this title, as amended and
supplemented.'', struck out at end of par. (1) ``The Secretary may,
prior to the transfer to the Secretary of the Interior, revise the
boundaries from time to time, but the total acreage within such
boundaries shall not exceed one hundred and twenty-five thousand
acres.'', and struck out par. (2) which read as follows: ``The Secretary
may by agreement with the Secretary of the Interior provide for interim
management by the Department of the Interior, in accordance with the
provisions of sections 1, 2, 3, and 4 of this title, as amended and
supplemented, of any portion or portions of the project which constitute
a logically and efficiently administrable area. The Secretary is
authorized to transfer funds to the Department of the Interior for the
costs of such interim management out of funds appropriated for the
project.''
Subsec. (e)(2)(A). Pub. L. 101-561, Sec. 1(b), substituted ``No
structures shall be constructed within the gorge area except for
structures associated with the improvement of historical sites specified
in paragraphs (5), (6), and (8), except for day-use facilities and
primitive campgrounds along the primary and secondary access routes
specified herein and within 500 feet of such roads, and except for
primitive campgrounds accessible only by water or on foot. No motorized
transportation shall be allowed in the gorge area except on designated
access routes, existing routes for administration of the National Area,
existing routes for access to cemeteries; except that motorboat access
into the gorge area shall be permitted up to a point one-tenth of a mile
downstream from Devils' Jumps and except for the continued operation and
maintenance of the rail line currently operated and known as the K & T
Railroad. The Secretary of the Interior shall impose limitations on the
use of existing routes for access to cemeteries.'' for ``No structures
shall be constructed within the gorge except for reconstruction and
improvement of the historical sites specified in paragraphs (5) and (6)
of this subsection and except for necessary day-use facilities along the
primary and secondary access routes specified herein and within five
hundred feet of such roads, and except for primitive campgrounds
accessible only by water or on foot. No motorized transportation shall
be allowed in the gorge area except on designated access routes and
except that motorboat access into the gorge area shall be permitted up
to a point one-tenth of a mile downstream from Devil's Jumps; and except
for the continued operation and maintenance of the rail line currently
operated and known as the K & T Railroad.''
Subsec. (e)(2)(D). Pub. L. 101-561, Sec. 1(c), substituted
``nonmotorized'' for ``nonvehicular''.
Subsec. (e)(8). Pub. L. 101-561, Sec. 1(d), added par. (8).
Subsec. (k). Pub. L. 101-561, Sec. 1(e), substituted ``Costs for the
National Area shall be provided in the same manner as costs for national
recreation areas administered by the Secretary of the Interior through
the National Park Service'' for ``No moneys shall be appropriated from
the Land and Water Conservation Fund to carry out the purposes of this
section''.
1986--Subsec. (k). Pub. L. 99-662 substituted ``$156,122,000'' for
``$103,522,000''.
1976--Subsec. (a). Pub. L. 94-587, Sec. 184(a), provided for
acquisition of outside sites for administrative, visitor orientation,
and recreation facilities.
Subsec. (b). Pub. L. 94-587, Sec. 184(b), designated existing
provisions as par. (1) and added par. (2).
Subsec. (c)(1). Pub. L. 94-587, Sec. 184(c), inserted ``which were
in public ownership on October 22, 1976,'' after ``political
subdivisions thereof''.
Subsec. (e)(2)(A). Pub. L. 94-587, Sec. 184(d), provided for
motorboat access into the gorge area, continued operation and
maintenance of the rail line, and acquisition by the Secretary of an
interest in the rail line easement for protection of scenic, esthetic,
and recreational values of the gorge area and the adjacent areas.
Subsec. (e)(2)(C). Pub. L. 94-587, Sec. 184(e), authorized
construction of a secondary access road upon the road entering the gorge
across from the mouth of Station Camp Creek.
Subsec. (k). Pub. L. 94-587, Sec. 184(f), substituted
``$103,522,000'' for ``$32,850,000''.
Transfer of Functions
``Federal Energy Regulatory Commission'' substituted for ``Federal
Power Commission'' in subsec. (f) pursuant to Pub. L. 95-91,
Sec. 402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title
42, The Public Health and Welfare.
Federal Power Commission terminated and functions with regard to
licenses and permits for dams, reservoirs, or other works for
development and improvement of navigation and for development and
utilization of power across, along, from, or in navigable waters under
part I of Federal Power Act (16 U.S.C. 792 et seq.) transferred to
Federal Energy Regulatory Commission by sections 7172(a)(1)(A) and 7293
of Title 42.
