
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 (63 Stat. 377; 40 U.S.C. 471 et seq.), 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.
    (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. Provisions of that act relating to disposal of 
Government property are classified to chapter 10 (Sec. 471 et seq.) of 
Title 40, Public Buildings, Property, and Works. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 471 of Title 40 and Tables.
    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.
