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16 U.S.C. § 460ww–1Administration

submitted 38 years ago by Pub. L. 100-534 to r/title-16-CONSERVATION · 965 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law explains how the government runs the Gauley River National Recreation Area. It sets rules for hunting, fishing, and boat access, and lets the Secretary of the Interior team up with West Virginia on rescue and fire services. It also directs new roads, parking, and river access points to be built near Summersville Dam and Woods Ferry.

(a) In general: The Secretary of the Interior runs the recreation area following this Act and the general laws that apply to all National Park System units, including the 1916 law that created the National Park Service. (b) Hunting and fishing; fish stocking: The Secretary must allow hunting, trapping, and fishing in the recreation area, following applicable federal and state laws. After talking with West Virginia's Department of Natural Resources, the Secretary may close certain zones or periods to these activities — for safety, management, habitat protection, or public enjoyment reasons. The Secretary must let West Virginia keep stocking fish in the recreation area's waters, working together with the Secretary. Nothing here changes West Virginia's authority over fish and wildlife. (c) Cooperative agreements with State: The Secretary may make agreements with West Virginia, or its local governments, so that nearby agencies can provide rescue, firefighting, and law enforcement help, with the government paying them back for the cost. (d) Application of other provisions: The rules in section 1278(a) of this title apply to the recreation area the same way they apply to the river segments that section already covers. (e) Recreational access: (1) The Secretary may agree with West Virginia to maintain and improve existing public roads and rights-of-way, to make it easier to reach the recreation area at current access points — as long as doing so doesn't unreasonably hurt the area's scenery and natural value. (2) The Secretary must build facilities — like parking and river access for whitewater rafting — just downstream of the Summersville Dam, to the extent section 460ww–4 of this title doesn't already provide them, and as long as they're within the recreation area's boundaries. Building these facilities must follow the agreement described in subsection (f). (3) With the landowner's permission, the Secretary may also buy land up to one mile outside the recreation area's boundaries to build parking and similar facilities elsewhere, if that's needed for public access. Any land bought this way is managed the same as the rest of the recreation area. (4) The Secretary must acquire land and take whatever action is needed to give noncommercial users access to the north side of the Gauley River at Woods Ferry, using existing roads and rights-of-way, and must build parking there. If needed to limit environmental or visual damage, the Secretary may also arrange transportation, at a reasonable cost, between the parking area and the river for noncommercial visitors. This doesn't affect anyone's right to keep using an existing road under a lease that was in effect on April 1, 1993. Except for the access work required downstream of the Summersville Dam, the Secretary can't build any other river access points within the recreation area until this access requirement at Woods Ferry is met. (f) Properties and facilities of Federal agencies: The Secretary must talk with any other federal agency that manages land or water in or next to the recreation area, and then sign a written agreement with that agency. The agreement must identify which areas are (1) under that other agency's control, (2) directly tied to running the Summersville project, and (3) essential to that project. The agreement must also cover how those lands and waters will be managed in a way that fits both the project's operation and the recreation area's management.
the actual law source: uscode.house.gov ↗public domain
(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 the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (16 U.S.C. 1–4).1

(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 2

(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,3 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.

(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).

(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).

(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.

Source credit: (Pub. L. 100–534, title II, § 202, Oct. 26, 1988, 102 Stat. 2702; Pub. L. 104–333, div. I, title IV, § 406(c)(2), Nov. 12, 1996, 110 Stat. 4150.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-534 · 102 Stat. 2702
  • 1996Amended · Pub. L. 104-333 · 110 Stat. 4150

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-534 on 1988-10-26.

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