§ 460ww-1. — Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460ww-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVIII--GAULEY RIVER NATIONAL RECREATION AREA
Sec. 460ww-1. Administration
(a) In general
The recreation area shall be administered by the Secretary in
accordance with this Act and with the provisions of law generally
applicable to units of the National Park System, including sections 1,
2, 3, and 4 of this title.
(b) Hunting and fishing; fish stocking
The Secretary shall permit hunting, trapping and fishing on lands
and waters within the recreation area in accordance with applicable
Federal and State laws. The Secretary may, after consultation with the
State of West Virginia Department of Natural Resources, designate zones
where, and establish periods when, such activities will not be permitted
for reasons of public safety, administration, fish and wildlife habitat
or public use and enjoyment subject to such terms and conditions as he
deems necessary in the furtherance of this Act. The Secretary shall
permit the State of West Virginia to undertake or continue fish stocking
activities carried out by the State in consultation with the Secretary
on waters within the boundaries of the recreation area. Nothing in this
Act shall be construed as affecting the jurisdiction or responsibilities
of the State of West Virginia with respect to fish and wildlife \1\
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\1\ So in original. Probably should be followed by a period.
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(c) Cooperative agreements with State
In administering the recreation area 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
basis, of rescue, firefighting, and law enforcement services and
cooperative assistance by nearby law enforcement and fire preventive
agencies.
(d) Application of other provisions
The provisions of section 1278(a) of this title,\2\ shall apply to
the recreation area in the same manner and to the same extent as such
provisions apply to river segments referred to in such provisions.
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\2\ So in original. The comma probably should not appear.
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(e) Recreational access
(1) Existing public roads
The Secretary may enter into a cooperative agreement with the
State of West Virginia under which the Secretary shall be authorized
to maintain and improve existing public roads and public rights-of-
way within the boundaries of the national recreation area to the
extent necessary to facilitate and improve reasonable access to the
recreation area at existing access points where such actions would
not unreasonably diminish the scenic and natural values of the area.
(2) Facilities adjacent to dam
In order to accommodate visitation to the recreation area, the
Secretary shall construct such facilities as necessary to enhance
and improve access, vehicle parking and related facilities, and
provide river access for whitewater recreation and for other
recreational activities, immediately downstream of the Summersville
Dam, to the extent that such facilities are not provided pursuant to
section 460ww-4 of this title and such facilities are within the
boundaries of the recreation area. Such construction shall be
subject to the memorandum of understanding referred to in subsection
(f) of this section.
(3) Other locations
In addition, in order to provide reasonable public access and
vehicle parking for public use and enjoyment of the recreation area,
consistent with the preservation and enhancement of the natural and
scenic values of the recreation area, the Secretary may, with the
consent of the owner thereof, acquire such lands and interests in
lands to construct such parking and related facilities at other
appropriate locations outside the boundaries of, but within one mile
of the recreation area as may be necessary and appropriate. Any such
lands shall be managed in accordance with the management provisions
for the recreation area as defined in subsection (a) of this
section.
(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
After consultation with any other Federal agency managing lands and
waters within or contiguous to the recreation area, the Secretary shall
enter into a memorandum of understanding with such other Federal agency
to identify those areas within the recreation area which are (1) under
the administrative jurisdiction of such other agency; (2) directly
related to the operation of the Summersville project; and (3) essential
to the operation of such project. The memorandum of understanding shall
also include provisions regarding the management of all such lands and
waters in a manner consistent with the operation of such project and the
management of the recreation area.
(Pub. L. 100-534, title II, Sec. 202, Oct. 26, 1988, 102 Stat. 2702;
Pub. L. 104-333, div. I, title IV, Sec. 406(c)(2), Nov. 12, 1996, 110
Stat. 4150.)
References in Text
This Act, referred to in subsecs. (a) and (b), is Pub. L. 100-534,
Oct. 26, 1988, 102 Stat. 2699, known as the West Virginia National
Interest River Conservation Act of 1987, which enacted this subchapter
and sections 460m-26 to 460m-29 of this title, amended sections 460m-15
and 1274 of this title, and enacted provisions set out as notes under
sections 460m-15 and 1274 of this title. For complete classification of
this Act to the Code, see Short Title of 1988 Amendment note set out
under section 460m-15 of this title and Tables.
Amendments
1996--Subsec. (e)(4). Pub. L. 104-333 added par. (4).
Section Referred to in Other Sections
This section is referred to in sections 460m-30, 460ww-2, 460ww-4 of
this title.
