16 U.S.C. § 410eeee — New River Gorge National Park and

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 Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables. CODIFICATION Section is comprised of section 2851 of Pub. L. 116–92. Subsec. (c)(2)(C) of section 2851 of Pub. L. 116–92 re- pealed section 2854 of Pub. L. 104–201, div. B, title XXVIII, Sept. 23, 1996, 110 Stat. 2803, which is listed in a table of National Monuments Established Under Pres- idential Proclamation set out under section 320301 of Title 54, National Park Service and Related Programs. SUBCHAPTER LIX–CCC—NEW RIVER GORGE NATIONAL PARK AND PRESERVE Editorial Notes CODIFICATION Subchapter was formerly classified to subchapter LXXI–A (§ 460m–15 et seq.) of this chapter prior to transfer to this subchapter. § 410eeee. New River Gorge National Park and Preserve Designation (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 Pre- serve, West Virginia (1) Redesignation The New River Gorge National River estab- lished 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 Pre- serve’’, consisting of— (A) the New River Gorge National Park; and (B) the New River Gorge National Pre- serve. (2) New River Gorge National Park The boundaries of the New River Gorge Na- tional 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; bound- ary The boundaries of the New River Gorge Na- tional 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 Sec- retary of the Interior (referred to in this sec- tion 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 1106 1 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 Na- tional 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); and (II) other applicable laws. (B) Fishing Fishing within the New River Gorge Na- tional Park and Preserve shall be adminis- tered by the Secretary— (i) in the same manner as fishing was ad- ministered within the New River Gorge National River on the day before Decem- ber 27, 2020; and Page 453 TITLE 16—CONSERVATION § 410eeee (ii) in accordance with— (I) section 1106 1 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 ac- cordance 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 Pre- serve Proposed Boundary’’, numbered 637/ 163,199A, and dated September 2020, by pur- chase 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 appli- cable 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 Pre- serve by purchase from a willing seller, do- nation, 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 serv- ices Commercial recreational watercraft services within the New River Gorge National Park and Preserve shall be administered by the Sec- retary in accordance with section 402 of the West Virginia National Interest River Con- servation Act of 1987 (16 U.S.C. 460m–15 1 note; Public Law 100–534). (5) References Any reference in a law, map, regulation, doc- ument, 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 ap- propriate. (d) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (Pub. L. 116–260, div. FF, title II, § 202, Dec. 27, 2020, 134 Stat. 3089.) Editorial Notes REFERENCES IN TEXT The National Parks and Recreation Act of 1978, re- ferred to in subsecs. (b)(1) and (c)(1)(C), (2)(A)(ii)(I), (B)(ii)(I), is Pub. L. 95–625, Nov. 10, 1978, 92 Stat. 3467. Title XI of the Act was classified principally to sub- chapter LXXI–A (§ 460m–15 et seq.) of this chapter prior to transfer to this subchapter. Sections 1101 and 1106 of the Act were transferred to sections 410eeee–1 and 410eeee–6, respectively, of this title. For complete clas- sification of this Act to the Code, see Tables. Section 402 of the West Virginia National Interest River Conservation Act of 1987, referred to in subsec. (c)(4), is section 402 of Pub. L. 100–534, which was for- merly set out as a note under section 460m–15 of this title prior to transfer and is now set out as a note below. CODIFICATION Section was enacted as part of the New River Gorge National Park and Preserve Designation Act and as part of the Consolidated Appropriations Act, 2021, and not as part of title XI of the National Parks and Recre- ation Act of 1978 which comprises this subchapter. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–356, § 1, Dec. 17, 2002, 116 Stat. 3013, pro- vided that: ‘‘This Act [amending this section and enact- ing provisions set out as a note under this section] may be cited as the ‘New River Gorge Boundary Act of 2002’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–534, § 1, Oct. 26, 1988, 102 Stat. 2699, pro- vided that: ‘‘This Act [enacting sections 410eeee–12 to 410eeee–15 and 460ww to 460ww–5 of this title, amending this section and section 1274 of this title, and enacting provisions set out as notes under this section and sec- tion 1274 of this title] may be cited as the ‘West Vir- ginia National Interest River Conservation Act of 1987’.’’ LAND EXCHANGE Pub. L. 107–356, § 2(b), Dec. 17, 2002, 116 Stat. 3013, pro- vided that: ‘‘(1) IN GENERAL.—The Secretary of the Interior shall complete a fee simple land exchange in the vicinity of Beauty Mountain, Fayette County, West Virginia, to acquire a tract of land identified as NERI Tract Num- ber 150–07 that lies adjacent to the boundary of the New River Gorge National River [now New River Gorge Na- tional Park and Preserve] in exchange for a tract of land identified as NERI Tract Number 150–08 located within such boundary. ‘‘(2) TREATMENT OF EXCHANGED LANDS.—Upon the completion of such land exchange— ‘‘(A) the land acquired by the United States in the exchange shall be included in the boundaries, and ad- ministered as part, of the New River Gorge National River; and ‘‘(B) the land conveyed by the United States in the exchange shall be excluded from the boundaries, and shall not be administered as part, of the New River Gorge National River.’’ NEW, GAULEY, MEADOW, AND BLUESTONE RIVERS; CONGRESSIONAL FINDINGS AND PURPOSE Pub. L. 100–534, § 2, Oct. 26, 1988, 102 Stat. 2699, pro- vided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) The outstanding natural, scenic, cultural and recreational values of the segment of the New River Page 454 TITLE 16—CONSERVATION § 410eeee–1 1 See Change of Name note below. 2 See References in Text note below. in West Virginia within the boundaries of the New River Gorge National River [now New River Gorge National Park and Preserve] have been preserved and enhanced by its inclusion in the National Park Sys- tem. ‘‘(2) The establishment of the New River Gorge Na- tional River has provided the basis for increased recreation and tourism activities in southern West Virginia due to its nationally recognized status and has greatly contributed to the regional economy. ‘‘(3) Certain boundary modifications to the New River Gorge National River are necessary to further protect the scenic resources within the river’s visual corridor and to provide for better management of the national park unit. ‘‘(4) Several tributaries of the New River in West Virginia also possess remarkable and outstanding features of national significance. The segment of the Gauley River below Summersville Dam has gained national recognition as a premier whitewater recre- ation resource. The lower section of the Bluestone River and the lower section of the Meadow River pos- sess remarkable and outstanding natural, scenic, and recreational values due to their predominantly unde- veloped condition. ‘‘(5) Portions of several of the New River tribu- taries, including segments of the Gauley River, the Meadow River, and the Bluestone River are suitable for inclusion in the National Park System or the Na- tional Wild and Scenic Rivers System. ‘‘(6) It is in the national interest to preserve the natural condition of certain segments of the New, Gauley, Meadow, and Bluestone Rivers in West Vir- ginia and to enhance recreational opportunities available on the free-flowing segments. ‘‘(b) PURPOSE.—The purpose of this Act [see Short Title of 1988 Amendment note above] is to provide for the protection and enhancement of the natural, scenic, cultural, and recreational values on certain free-flow- ing segments of the New, Gauley, Meadow, and Bluestone Rivers in the State of West Virginia for the benefit and enjoyment of present and future genera- tions.’’ COORDINATION AMONG RECREATIONAL RESOURCES Pub. L. 100–534, title IV, § 401, Oct. 26, 1988, 102 Stat. 2707, provided that: ‘‘Subject to existing authority, the Secretary of the Interior shall cooperate with, and as- sist, any regional authority comprised of representa- tives of West Virginia State authorities and local gov- ernment authorities in or any combination of the fore- going Nicholas, Fayette, Raleigh, Summers, Greenbrier, and Mercer Counties, West Virginia, for the purposes of providing for coordinated development and promotion of recreation resources of regional or na- tional significance which are located in southern West Virginia and management by State or Federal agen- cies, including State, local and National Park System units, State and National Forest System units, and his- toric sites.’’ SPECIAL PROVISIONS Pub. L. 100–534, title IV, § 402, Oct. 26, 1988, 102 Stat. 2707, provided that: ‘‘Subject to his responsibilities to protect the natural resources of the National Park Sys- tem, the Secretary of the Interior shall enter into a co- operative agreement with the State of West Virginia providing for the State’s regulation, in accordance with State law, of persons providing commercial rec- reational watercraft services on units of the National Park System and components of the National Wild and Scenic Rivers System subject to this Act [see Short Title of 1988 Amendment note above].’’ CONSOLIDATED MANAGEMENT Pub. L. 100–534, title IV, § 404, Oct. 26, 1988, 102 Stat. 2708, provided that: ‘‘In order to achieve the maximum economy and efficiency of operations in the adminis- tration of the National Park System units established or expanded pursuant to this Act [see Short Title of 1988 Amendment note above], the Secretary shall con- solidate offices and personnel administering all such units to the extent practicable and shall utilize the ex- isting facilities of the New River Gorge National River [now New River Gorge National Park and Preserve] to the extent practicable.’’ NEW SPENDING AUTHORITY Pub. L. 100–534, title IV, § 405, Oct. 26, 1988, 102 Stat. 2708, provided that: ‘‘Any new spending authority which is provided under this Act [see Short Title of 1988 Amendment note above] shall be effective for any fiscal year only to the extent or in such amounts as provided in appropriation Acts.’’ § 410eeee–1. Establishment; administration, pro- tection, and development; utilization of other authorities; boundary description, avail- ability for public inspection 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 im- portant segment of the New River in West Vir- ginia for the benefit and enjoyment of present and future generations, the Secretary of the In- terior (hereinafter referred to as the ‘‘Sec- retary’’) shall establish and administer the New River Gorge National River.1 The Secretary shall administer, protect, and develop the na- tional river in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),2 as amended and supplemented; except that any other statutory authority available to the Secretary for the preservation and manage- ment 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 avail- able for public inspection in the offices of the National Park Service, Department of the Inte- rior. (Pub. L. 95–625, title XI, § 1101, Nov. 10, 1978, 92 Stat. 3544; Pub. L. 100–534, title I, § 101, Oct. 26, 1988, 102 Stat. 2700; Pub. L. 104–333, div. I, title IV, § 406(a)(1), Nov. 12, 1996, 110 Stat. 4149; Pub. L. 107–356, § 2(a), Dec. 17, 2002, 116 Stat. 3013.) Editorial Notes REFERENCES IN TEXT The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Proce- dure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.