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16 U.S.C. § 410eeee — New River Gorge National Park and Preserve Designation
Federal law — U.S. Code and appendices · legal_authorities
**(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 11 See References in Text note below. of the National Parks and Recreation Act of 1978 ([16 U.S.C. 460m–15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460m–15&num=0&edition=prelim)) 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 10
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Stable record: federal_law:legal_authorities:record_usc_a9d240445550840dbc22fdb1
Source file: Laws/federal/codes/united-states-code/title-16/section-410eeee-new-river-gorge-national-park-and-preserve-designation--d44ea8c915.md
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Passage SHA-256: c0578db351689ac18bcf247386cd7b835cf1b4dca8259cf53fcf50ef3842c973
Source location: Title 16, Chapter 1, § 410eeee; chapter-001-national-parks-military-parks-monuments-and-seashores.md
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**(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 11 See References in Text note below. of the National Parks and Recreation Act of 1978 ([16 U.S.C. 460m–15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460m–15&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460m–15&num=0&edition=prelim) et seq.),1 except that the provisions of section 1106 1 of that Act ([16 U.S.C. 460m–20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460m–20&num=0&edition=prelim)) 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 1106 1 of the National Parks and Recreation Act of 1978 ([16 U.S.C. 460m–20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460m–20&num=0&edition=prelim)); 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 1106 1 of the National Parks and Recreation Act of 1978 ([16 U.S.C. 460m–20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460m–20&num=0&edition=prelim)); 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–15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460m–15&num=0&edition=prelim) 1 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation** The following rivers and the land adjacent thereto are hereby designated as components of the national wild and scenic rivers system:
(1) **Clearwater, Middle Fork, Idaho—** — The Middle Fork from the town of Kooskia upstream to the town of Lowell; the Lochsa River from its junction with the Selway at Lowell forming the Middle Fork, upstream to the Powell Ranger Station; and the Selway River from Lowell upstream to its origin; to be administered by the Secretary of Agriculture.
(2) **Eleventh Point, Missouri—** — The segment of the river extending downstream from Thomasville to State Highway 142; to be administered by the Secretary of Agriculture.
(3) **Feather, California—** — The entire Middle Fork downstream from the confluence of its tributary streams one kilometer south of Beckwourth, California; to be administered by the Secretary of Agriculture.
(4) **Rio Grande, New Mexico—** — The segment extending from the Colorado State line downstream to the State Highway 96 crossing, and the lower four miles of the Red River; to be administered by the Secretary of the Interior.
(5) **Rogue, oregon.—**
(A) *In general.—* — The segment of the river extending from the mouth of the Applegate River downstream to the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as agreed to by the Secretaries of the Interior and Agriculture or as directed by the President.
(B) *Additions.—* — In addition to the segment described in subparagraph (A), there are designated the following segments in the Rogue River:
(i) *Kelsey creek.—* — The approximately 6.8-mile segment of Kelsey Creek from the Wild Rogue Wilderness boundary in T. 32 S., R. 9 W., sec. 25, Willamette Meridian, to the confluence with th
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of conserving and interpreting outstanding natural, scenic, and historic values and objects in and around the New River Gorge and preserving as a free-flowing stream an important segment of the New River in West Virginia for the benefit and enjoyment of present and future generations, the Secretary of the Interior (hereinafter referred to as the “Secretary”) shall establish and administer the New River Gorge National River.11 See Change of Name note below. The Secretary shall administer, protect, and develop the national river in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; [16 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1&num=0&edition=prelim) et seq.),22 See References in Text note below. as amended and supplemented; except that any other statutory authority available to the Secretary for the preservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this subchapter. The boundaries of the national river shall be as generally depicted on the drawing entitled “Proposed New River Gorge National River” numbered NERI 80,034, dated May 2001, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 410eeee–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that adjustments of flows from Bluestone Lake project during periods of low flow are necessary to respond to the congressional mandate contained in [section 410eeee–9 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section410eeee-9&num=0&edition=prelim) and that such adjustments could enhance the quality of the recreational experience in the segments of the river below the lake during those periods as well as protect the biological resources of the river.
**(b) Report to Congress required** The Secretary of the Army, in conjunction with the Secretary of the Interior, shall conduct a study and prepare a report under this section. The report shall be submitted to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives not later than December 31, 1989. Before submission of the report to these Committees, a draft of the report shall be made available for public comment. The final report shall include the comments submitted by the Secretary of the Interior and the public, together with the response of the Secretary of the Army to those comments.
**(c) Contents of study** The study under this section shall examine the feasibility of adjusting the timing of daily releases from Bluestone Lake project during periods when flows from the lake are less than three thousand cubic feet per second. The purpose of such adjustment shall be to improve recreation (including, but not limited to, fishing and whitewater recreation) in the New River Gorge National River.11 See Change of Name note below. Any such adjustments in the timing of flows which are proposed in such report shall be consistent with othe
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 410eeee–14
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Federal law — U.S. Code and appendices · legal_authorities
In order to provide for public use and enjoyment of the scenic and natural resources of the New River Gorge National River 11 See Change of Name note below. and in order to provide public information to visitors with respect to the national river and associated State parklands, the Secretary is authorized and directed to construct a scenic overlook and visitor information facility at a suitable location accessible from Interstate 64 in the vicinity of Glade Creek within the boundary of the national river. There is authorized to be appropriated such sums as may be necessary to carry out construction (including all related planning and design) of the scenic overlook and visitor information facility.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 410eeee–15
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of the Interior is authorized to construct a visitor center and such other related facilities as may be deemed necessary to facilitate visitor understanding and enjoyment of the New River Gorge National River 11 See Change of Name note below. and the Gauley River National Recreation Area in the vicinity of the confluence of the New and Gauley Rivers. Such center and related facilities are authorized to be constructed at a site outside of the boundary of the New River Gorge National River 1 or Gauley River National Recreation Area unless a suitable site is available within the boundaries of either unit.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Cooperative agreements** The provisions of [section 460ww–1(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460ww–1/e/1&num=0&edition=prelim) shall apply to the New River Gorge National River 11 See Change of Name note below. in the same manner and to the same extent as such provisions apply to the Gauley River National Recreation Area.
**(b) Remnant lands** The provisions of the second sentence of [section 460ww–2(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460ww–2/a&num=0&edition=prelim) shall apply to tracts of land partially within the boundaries of the New River Gorge National River 1 in the same manner and to the same extent as such provisions apply to tracts of land only partially within the Gauley River National Recreation Area.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of Secretary; manner; donation of State lands; improved and unimproved properties** Within the boundaries of the New River Gorge National River,11 See Change of Name note below. the Secretary may acquire lands and waters or interests therein by donation, purchase with donated or appropriated funds, transfer, or exchange. Lands owned by the State of West Virginia or a political subdivision thereof may be acquired by donation only. In addition, the Secretary may acquire by any of the foregoing methods not to exceed ten acres outside the boundaries of the national river for an administrative headquarters site, and funds appropriated for land acquisition shall be available for the acquisition of the administrative headquarters site. The authority of the Secretary to condemn in fee, improved properties as defined in subsection (c) of this section shall not be invoked as long as the owner of such improved property holds and uses it in a manner compatible with the purposes of this subchapter. The Secretary may acquire any such improved property without the consent of the owner whenever he finds that such property has undergone, since January 1, 1978, or is imminently about to undergo, changes in land use which are incompatible with the purposes of the national river. The Secretary may acquire less than fee interest in any improved or unimproved property within the boundaries of the national river.
**(b) Non-federally owned lands; cooperative agreements affecting properties of historical significance** On non-federally owned lands within the national river boundaries, the Secretary is authorized to enter into cooperative agreements with organizations or individuals to mark or interpret properties of significance to the history of the Gorge area.
**(c) “Improve
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the boundaries of the New River Gorge National River 11 See Change of Name note below. in accordance with applicable Federal and State laws, and he may designate zones where, and establish periods when, no hunting or fishing 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 pursuant to this section shall be put into effect only after consultation with the appropriate State agency responsible for hunting and fishing activities. The Secretary shall permit the State of West Virginia to undertake fish stocking activities carried out by the State, in consultation with the Secretary, on waters within the boundaries of the national river. Nothing in this Act shall be construed as affecting the jurisdiction of the State of West Virginia with respect to fish and wildlife.
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.), on or directly affecting the New River Gorge National River,11 See Change of Name note below. 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 such river was established, as determined by the Secretary. Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or above the New River Gorge National River 1 or on any stream tributary thereto which will not invade the area or diminish the scenic, recreation, and fish and wildlife values present in the area on November 10, 1978. 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 such river was established, as determined by the Secretary, or request appropriations to begin construction on any such project whether heretofore or hereafter authorized, without advising the Secretary in writing of its intention to do so at least sixty days in advance, and without specifically reporting to the Congress in writing at the time it makes its recommendation or request in what respect construction of such project would be in conflict with the purposes of this section and would effect 22 So in original. Probably should be “affect”. the nation
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Federal law — U.S. Code and appendices · legal_authorities
Page 452
TITLE 16—CONSERVATION
§ 410eeee
1 See References in Text note below.
(II) the purposes for which the Park
was established; and
(III) any other applicable law.
(Pub. L. 116–92, div. B, title XXVIII, § 2851, Dec.
20, 2019, 133 Stat. 1895.)
Editorial Notes
REFERENCES IN TEXT
Section 101(e) of title 10, referred to in subsec. (a)(2),
was redesignated section 101(f) of title 10, and a new
subsec. 101(e) of title 10 was added, by Pub. L. 118–31,
div. A, title XVII, § 1713(a), Dec. 22, 2023, 137 Stat. 625.
Presidential Proclamation No. 2025, referred to in
subsec. (a)(4), is Proc. No. 2025, Jan. 18, 1933, 47 Stat.
2551, which is listed in a table of National Monuments
Established Under Presidential Proclamation set out
under section 320301 of Title 54, National Park Service
and Related Programs.
The Clean Air Act, referred to in subsec. (b)(7)(E), is
act July 14, 1955, ch. 360, 69 Stat. 322, which is classified
generally to chapter 85 (§ 7401 et seq.) of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out
under section 7401 of Title 42 and Tables.
The Native American Graves Protection and Repatri-
ation Act, referred to in subsec. (c)(3)(C)(i)(II)(aa), is
Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is
classified principally to chapter 32 (§ 3001 et seq.) of
Title 25, Indians. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 3001 of Title 25 and Tables.
The Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980, referred to in sub-
sec. (c)(3)(E)(iii)(I), is Pub. L. 96–510, Dec. 11, 1980, 94
Stat. 2767, which is classified principally to chapter 103
(§ 9601 et seq.) of Title 42, The Pub
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 410eeee
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