§ 460m-15. — Establishment; administration, protection, and development; utilization of other authorities; boundary description, availability for public inspection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460m-15]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI-A--NEW RIVER GORGE NATIONAL RIVER
Sec. 460m-15. 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. The Secretary shall administer, protect, and
develop the national river in accordance with the provisions of sections
1, 2, 3, and 4 of this title, 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, Sec. 1101, Nov. 10, 1978, 92 Stat. 3544; Pub.
L. 100-534, title I, Sec. 101, Oct. 26, 1988, 102 Stat. 2700; Pub. L.
104-333, div. I, title IV, Sec. 406(a)(1), Nov. 12, 1996, 110 Stat.
4149; Pub. L. 107-356, Sec. 2(a), Dec. 17, 2002, 116 Stat. 3013.)
Amendments
2002--Pub. L. 107-356 substituted ``NERI 80,034, dated May 2001''
for ``NERI-80,028A, dated March 1996''.
1996--Pub. L. 104-333 substituted ``NERI-80,028A, dated March 1996''
for ``NERI-80,023, dated January 1987''.
1988--Pub. L. 100-534 substituted ``NERI-80,023, dated January
1987'' for ``NERI-20,002, dated July 1978''.
Short Title of 2002 Amendment
Pub. L. 107-356, Sec. 1, Dec. 17, 2002, 116 Stat. 3013, provided
that: ``This Act [amending this section and enacting provisions set out
as a note under this section] may be cited as the `New River Gorge
Boundary Act of 2002'.''
Short Title of 1988 Amendment
Section 1 of Pub. L. 100-534 provided that: ``This Act [enacting
sections 460m-26 to 460m-29 and 460ww to 460ww-5 of this title, amending
this section and section 1274 of this title, and enacting provisions set
out as notes under this section and section 1274 of this title] may be
cited as the `West Virginia National Interest River Conservation Act of
1987'.''
Land Exchange
Pub. L. 107-356, Sec. 2(b), Dec. 17, 2002, 116 Stat. 3013, provided
that:
``(1) In general.--The Secretary of the Interior shall complete a
fee simple land exchange in the vicinity of Beauty Mountain, Fayette
County, West Virginia, to acquire a tract of land identified as NERI
Tract Number 150-07 that lies adjacent to the boundary of the New River
Gorge National River in exchange for a tract of land identified as NERI
Tract Number 150-08 located within such boundary.
``(2) Treatment of exchanged lands.--Upon the completion of such
land exchange--
``(A) the land acquired by the United States in the exchange
shall be included in the boundaries, and administered as part, of
the New River Gorge National River; and
``(B) the land conveyed by the United States in the exchange
shall be excluded from the boundaries, and shall not be administered
as part, of the New River Gorge National River.''
New, Gauley, Meadow, and Bluestone Rivers; Congressional Findings and
Purpose
Section 2 of Pub. L. 100-534 provided that:
``(a) Findings.--The Congress finds that--
``(1) The outstanding natural, scenic, cultural and recreational
values of the segment of the New River in West Virginia within the
boundaries of the New River Gorge National River have been preserved
and enhanced by its inclusion in the National Park System.
``(2) The establishment of the New River Gorge National River
has provided the basis for increased recreation and tourism
activities in southern West Virginia due to its nationally
recognized status and has greatly contributed to the regional
economy.
``(3) Certain boundary modifications to the New River Gorge
National River are necessary to further protect the scenic resources
within the river's visual corridor and to provide for better
management of the national park unit.
``(4) Several tributaries of the New River in West Virginia also
possess remarkable and outstanding features of national
significance. The segment of the Gauley River below Summersville Dam
has gained national recognition as a premier whitewater recreation
resource. The lower section of the Bluestone River and the lower
section of the Meadow River possess remarkable and outstanding
natural, scenic, and recreational values due to their predominantly
undeveloped condition.
``(5) Portions of several of the New River tributaries,
including segments of the Gauley River, the Meadow River, and the
Bluestone River are suitable for inclusion in the National Park
System or the National Wild and Scenic Rivers System.
``(6) It is in the national interest to preserve the natural
condition of certain segments of the New, Gauley, Meadow, and
Bluestone Rivers in West Virginia and to enhance recreational
opportunities available on the free-flowing segments.
``(b) Purpose.--The purpose of this Act [see Short Title of 1988
Amendment note above] is to provide for the protection and enhancement
of the natural, scenic, cultural, and recreational values on certain
free-flowing segments of the New, Gauley, Meadow, and Bluestone Rivers
in the State of West Virginia for the benefit and enjoyment of present
and future generations.''
Coordination Among Recreational Resources
Section 401 of Pub. L. 100-534 provided that: ``Subject to existing
authority, the Secretary of the Interior shall cooperate with, and
assist, any regional authority comprised of representatives of West
Virginia State authorities and local government authorities in or any
combination of the foregoing Nicholas, Fayette, Raleigh, Summers,
Greenbrier, and Mercer Counties, West Virginia, for the purposes of
providing for coordinated development and promotion of recreation
resources of regional or national significance which are located in
southern West Virginia and management by State or Federal agencies,
including State, local and National Park System units, State and
National Forest System units, and historic sites.''
Special Provisions
Section 402 of Pub. L. 100-534 provided that: ``Subject to his
responsibilities to protect the natural resources of the National Park
System, the Secretary of the Interior shall enter into a cooperative
agreement with the State of West Virginia providing for the State's
regulation, in accordance with State law, of persons providing
commercial recreational watercraft services on units of the National
Park System and components of the National Wild and Scenic Rivers System
subject to this Act [see Short Title of 1988 Amendment note above].''
Consolidated Management
Section 404 of Pub. L. 100-534 provided that: ``In order to achieve
the maximum economy and efficiency of operations in the administration
of the National Park System units established or expanded pursuant to
this Act [see Short Title of 1988 Amendment note above], the Secretary
shall consolidate offices and personnel administering all such units to
the extent practicable and shall utilize the existing facilities of the
New River Gorge National River to the extent practicable.''
New Spending Authority
Section 405 of Pub. L. 100-534 provided that: ``Any new spending
authority which is provided under this Act [see Short Title of 1988
Amendment note above] shall be effective for any fiscal year only to the
extent or in such amounts as provided in appropriation Acts.''
