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16 U.S.C. § 410eeeeNew River Gorge National Park and Preserve Designation

submitted 6 years ago by Pub. L. 116-260 to r/title-16-CONSERVATION · 811 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law renames the New River Gorge National River in West Virginia as the New River Gorge National Park and Preserve, splitting it into a national park and a national preserve with new boundaries. The Secretary of the Interior manages both areas, hunting stays allowed only in the preserve, fishing continues in both, and the Secretary may buy more land, including for visitor parking.

(a) Short title This section may be called the "New River Gorge National Park and Preserve Designation Act." (b) Designation of New River Gorge National Park and New River Gorge National Preserve, West Virginia (1) Redesignation: The New River Gorge National River, created by the 1978 National Parks and Recreation Act, is renamed the "New River Gorge National Park and Preserve," made up of (A) the New River Gorge National Park and (B) the New River Gorge National Preserve. (2) The park's boundaries are the "Proposed National Park Area" shown on a September 2020 map numbered 637/163,199A. (3) The preserve's boundaries are the "Proposed National Preserve Area" shown on the same map. (c) Administration (1) In general: The Secretary of the Interior manages the park and preserve under (A) this section, (B) the laws generally applying to National Park System units, listed sections of title 54, and (C) title XI of the 1978 National Parks and Recreation Act — except that the hunting provisions of that Act's section 1106 don't apply to the park itself. (2) Hunting and fishing: (A) Hunting in the preserve is managed the same way it was managed before December 27, 2020, following section 1106 of the 1978 Act and other applicable laws. (B) Fishing in the park and preserve is managed the same way it was managed before December 27, 2020, following the same laws. (C) Nothing here stops hunting, fishing, or trapping on private land under state and federal law. (3) Land acquisition: (A) The Secretary may buy the "Proposed Additional Lands" shown on the map, from a willing seller, by donation, or by exchange; once acquired, the Secretary must update the preserve's boundary and manage the land under the preserve's rules. (B) The Secretary may also buy up to 100 acres near the park and preserve, from a willing seller, by donation, or exchange, for visitor parking and better public access; once acquired, this land becomes part of the park or preserve, as appropriate. (4) Commercial recreational watercraft services in the park and preserve are managed under section 402 of the 1987 West Virginia National Interest River Conservation Act. (5) References: Any reference in federal law, maps, or records to the "New River Gorge National River" now means the "New River Gorge National Park" or "New River Gorge National Preserve," whichever fits. (d) Authorization of appropriations Congress may appropriate whatever money is needed to carry out this section.
the actual law source: uscode.house.gov ↗public domain
(a) Short title

This section may be cited as the “New River Gorge National Park and Preserve Designation Act”.

(b) Designation of New River Gorge National Park and New River Gorge National Preserve, West Virginia
(1) Redesignation

The New River Gorge National River established under section 1101 1 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–15) shall be known and designated as the “New River Gorge National Park and Preserve”, consisting of—

(A)

the New River Gorge National Park; and

(B)

the New River Gorge National Preserve.

(2) New River Gorge National Park

The boundaries of the New River Gorge National Park referred to in paragraph (1)(A) shall be the boundaries depicted as “Proposed National Park Area” on the map entitled “New River Gorge National Park and Preserve Proposed Boundary”, numbered 637/163,199A, and dated September 2020.

(3) New River Gorge National Preserve; boundary

The boundaries of the New River Gorge National Preserve referred to in paragraph (1)(B) shall be the boundaries depicted as “Proposed National Preserve Area” on the map entitled “New River Gorge National Park and Preserve Proposed Boundary”, numbered 637/163,199A, and dated September 2020.

(c) Administration
(1) In general

The New River Gorge National Park and Preserve shall be administered by the Secretary of the Interior (referred to in this section as the “Secretary”) in accordance with—

(A)

this section;

(B)

the laws generally applicable to units of the National Park System, including—

(i)

section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54; and

(ii)

chapter 3201 of title 54; and

(C)

title XI of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–15 et seq.),1 except that the provisions of section 11061 of that Act (16 U.S.C. 460m–20) relating to hunting shall not apply to the New River Gorge National Park.

(2) Hunting and fishing
(A) Hunting

Hunting within the New River Gorge National Preserve shall be administered by the Secretary—

(i)

in the same manner as hunting was administered on the day before December 27, 2020, in those portions of the New River Gorge National River designated as the New River Gorge National Preserve by subsection (b)(3); and

(ii)

in accordance with—

(I)

section 11061 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–20); and

(II)

other applicable laws.

(B) Fishing

Fishing within the New River Gorge National Park and Preserve shall be administered by the Secretary—

(i)

in the same manner as fishing was administered within the New River Gorge National River on the day before December 27, 2020; and

(ii)

in accordance with—

(I)

section 11061 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–20); and

(II)

other applicable laws.

(C) Private land

Nothing in this section prohibits hunting, fishing, or trapping on private land in accordance with applicable State and Federal laws.

(3) Land acquisition
(A) Additional land for national preserve
(i) In general

The Secretary may acquire land or any interest in land identified as “Proposed Additional Lands” on the map entitled “New River Gorge National Park and Preserve Proposed Boundary”, numbered 637/163,199A, and dated September 2020, by purchase from a willing seller, donation, or exchange.

(ii) Boundary modification

On acquisition of any land or interest in land under clause (i), the Secretary shall—

(I)

modify the boundary of the New River Gorge National Preserve to reflect the acquisition; and

(II)

administer the land or interest in land in accordance with the laws applicable to the New River Gorge National Preserve.

(B) Visitor parking
(i) In general

The Secretary may acquire not more than 100 acres of land in the vicinity of the New River Gorge National Park and Preserve by purchase from a willing seller, donation, or exchange to provide for—

(I)

visitor parking; and

(II)

improved public access to the New River Gorge National Park and Preserve.

(ii) Administration

On acquisition of the land under clause (i), the acquired land shall be administered as part of the New River Gorge National Park or the New River Gorge National Preserve, as appropriate.

(4) Commercial recreational watercraft services

Commercial recreational watercraft services within the New River Gorge National Park and Preserve shall be administered by the Secretary in accordance with section 402 of the West Virginia National Interest River Conservation Act of 1987 (16 U.S.C. 460m–151 note; Public Law 100–534).

(5) References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the New River Gorge National River shall be considered to be a reference to the “New River Gorge National Park” or the “New River Gorge National Preserve”, as appropriate.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

Source credit: (Pub. L. 116–260, div. FF, title II, § 202, Dec. 27, 2020, 134 Stat. 3089.)

history & why it existsrecord from the source credit
  • 2020Enacted · Pub. L. 116-260 · 134 Stat. 3089

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-260 on 2020-12-27.

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