§ 460ww-4. — Special conditions.
[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-4]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVIII--GAULEY RIVER NATIONAL RECREATION AREA
Sec. 460ww-4. Special conditions
(a) New project construction
If, after October 26, 1988, any department, agency, instrumentality
or person commences construction of any dam, water conduit, reservoir,
powerhouse, transmission line or other project at or in conjunction with
the Summersville project, the department, agency, instrumentality or
other person which constructs or operates such new project shall comply
with such terms and conditions as the Secretary deems necessary, in his
discretion, to protect the resources of the recreation area, including
such terms and conditions as the Secretary deems necessary to ensure
that such new project will not adversely affect whitewater recreation
and other recreation activities during or after project construction.
(b) Adverse effects on recreation area
If any such new project referred to in subsection (a) of this
section will create a direct, physical, adverse effect on access to the
recreation area immediately downstream of the Summersville Dam during or
after project construction, including vehicle parking, related
facilities, and river access for whitewater recreation and other
recreational use of the recreation area, the department, agency,
instrumentality or person constructing such project shall replace and
enhance the adversely affected facilities in such manner as may be
appropriate to accommodate visitation, as determined by the Secretary.
(c) New project permits
The terms and conditions referred to in this section shall be
included in any license, permit, or exemption issued for any such new
project. Any such new project shall be subject to all provisions of this
Act, including section 460ww-1(d) of this title, except that during the
four-year period after October 26, 1988, nothing in this Act shall
prohibit the licensing of a project adjacent to Summersville Dam as
proposed by the city of Summersville, or by any competing project
applicant with a permit or license application on file as of August 8,
1988, if such project complies with this section. If such project is
licensed within such four-year period, the Secretary shall modify the
boundary map referred to in section 460ww of this title to relocate the
upstream boundary of the recreation area along a line perpendicular to
the river crossing the point five hundred and fifty feet downstream of
the existing valve house and one thousand two hundred feet (measured
along the river bank) upstream of United States Geological Survey Gauge
Numbered 03189600, except in making the modification the Secretary shall
maintain within the boundary of the recreation area those lands
identified in the boundary map referred to in section 460ww of this
title which are not necessary to the operation of such project. If
project construction is not commenced within the time required in such
license, or if such license is surrendered at any time, such boundary
modification shall cease to have any force and effect.
(Pub. L. 100-534, title II, Sec. 205, Oct. 26, 1988, 102 Stat. 2704;
Pub. L. 104-333, div. I, title IV, Sec. 406(c)(1), Nov. 12, 1996, 110
Stat. 4150.)
References in Text
This Act, referred to in subsec. (c), 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. (c). Pub. L. 104-333 inserted at end ``If project
construction is not commenced within the time required in such license,
or if such license is surrendered at any time, such boundary
modification shall cease to have any force and effect.''
Section Referred to in Other Sections
This section is referred to in section 460ww-1 of this title.
