
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: 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.
