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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2139 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2139

   To provide for the conservation, management, or study of certain 
   rivers, parks, trails, and historic sites, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 May 19 (legislative day, May 16), 1994

Mr. Rockefeller introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
   To provide for the conservation, management, or study of certain 
   rivers, parks, trails, and historic sites, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``West Virginia Rivers Conservation 
Act of 1994''.

SEC. 2. NEW RIVER GORGE NATIONAL RIVER.

    Section 1101 of the National Parks and Recreation Act of 1978 (16 
U.S.C. 460m-15) is amended by striking ``NERI-80,023, dated January 
1987'' and inserting ``NERI-80,028, dated January 1993''.

SEC. 3. GAULEY RIVER NATIONAL RECREATION AREA.

    Section 201(b) of the West Virginia National Interest River 
Conservation Act of 1987 (16 U.S.C. 460ww(b)) is amended by striking 
``NRA-GR/20,000A and dated July 1987'' and inserting ``GARI-80,001 and 
dated January 1993''.

SEC. 4. BLUESTONE NATIONAL SCENIC RIVER.

    Section 3(a)(65) of the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)(65)) is amended by striking ``WSR-BLU/20,000, and dated January 
1987'' and inserting ``BLUE-80,004, and dated January 1993''.

SEC. 5. DESIGNATION OF UPPER NEW RIVER, WEST VIRGINIA.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by adding at the end the following new paragraph:
    ``( ) Upper New River, West Virginia.--(A) The segment in Summers 
County, West Virginia, from the West Virginia-Virginia State line 
downstream for approximately 14.5 miles as depicted on the boundary map 
entitled `Upper New Wild and Scenic River', numbered UPNE 80,000 and 
dated July 1993 to be administered by the Secretary of the Interior as 
a scenic river.
    ``(B) The acreage limitation set forth in subsection (b) shall not 
apply to the segment designated under this paragraph. Nothing in this 
Act shall preclude the improvement of any existing road or right-of-way 
within the boundaries of the segment designated under this paragraph.
    ``(C) Jurisdiction over all lands and improvements on such lands 
owned by the United States within the boundaries of the segment 
designated under this paragraph is hereby transferred without 
reimbursement to the administrative jurisdiction of the Secretary of 
the Interior, subject to the lease in effect on the date of enactment 
of this paragraph (or renewed thereafter) between the United States and 
the State of West Virginia with respect to the Bluestone Wildlife 
Management Area.
    ``(D) Nothing in this Act shall affect the management by the State 
of West Virginia of hunting and fishing within the segment designated 
under this paragraph. Nothing in this Act shall affect or impair the 
management by the State of West Virginia of other wildlife activities 
in the Bluestone Wildlife Management Area to the extent permitted in 
the lease agreement in effect on the date of enactment of this 
paragraph. Upon request by the State of West Virginia, the Secretary 
shall renew such lease agreement with the same terms and conditions as 
contained in such lease agreement on the date of enactment of this 
paragraph under which State management shall be continued pursuant to 
such renewal. If requested to do so by the State of West Virginia, or 
as provided in the lease agreement, the Secretary may terminate or 
modify the lease and assume administrative authority over all or part 
of the areas concerned.
    ``(E) Nothing in the designation of the segment referred to in this 
paragraph shall affect or impair the management of the Bluestone 
project or the authority of any department, agency, or instrumentality 
of the United States to carry out the purposes of the project.''.

SEC. 6. DESIGNATION OF ELK RIVER AS A STUDY RIVER.

    (a) Study.--The Secretary of the Interior shall conduct a study of 
the segment of the Elk River, West Virginia, that is reflected on the 
Webster Springs Quadrangle (West Virginia) 7.5 minute series 
topographic map, United States Geological Survey, to determine its 
eligibility and suitability as either--
            (1) a component of the national wild and scenic rivers 
        system;
            (2) a unit of the National Park System as a national river; 
        or
            (3) a unit of the National Park System as a national 
        recreation area.
    (b) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary of the Interior shall submit a report 
containing the results of the study conducted pursuant to subsection 
(a) to the Committee on Energy and Natural Resources of the Senate and 
to the Committee on Natural Resources of the House of Representatives.
    (c) Effect on Management.--Nothing in this section shall affect or 
impair the management of the Sutton project or the authority of any 
department, agency, or instrumentality of the United States to carry 
out the purposes of the project on the date of enactment of this 
section.
    (d) Consultation.--In conducting the study required by this 
section, the Secretary shall consult with the West Virginia Division of 
Tourism and Parks and the West Virginia Division of Environmental 
Protection.

SEC. 7. CONSOLIDATED MANAGEMENT.

    To achieve the maximum economy and efficiency of operations in the 
administration of the segment of the New River designated by the 
amendment made by section 5, the Secretary of the Interior shall 
consolidate offices and personnel administering such segment with 
offices and personnel administering the New River Gorge National River, 
the Gauley River National Recreation Area, and the Bluestone National 
Scenic River to the extent practicable, and shall utilize facilities of 
the New River Gorge National River to the extent practicable.

SEC. 8. MISCELLANEOUS PROVISIONS.

    (a) New River Conforming Amendments.--Title XI of the National 
Parks and Recreation Act of 1978 (16 U.S.C. 460m-15 et seq.) is amended 
by adding at the end the following new section:

``SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.

    ``(a) Cooperative Agreements.--Section 202(e)(1) of the West 
Virginia National Interest River Conservation Act of 1987 (16 U.S.C. 
460ww-1(e)(1)) shall apply to the New River Gorge National River in the 
same manner and to the same extent as such section applies to the 
Gauley River National Recreation Area.
    ``(b) Remnant Lands.--The second sentence of section 203(a) of the 
West Virginia National Interest River Conservation Act of 1987 (16 
U.S.C. 460ww-2(a)) shall apply to tracts of land partially within the 
boundaries of the New River Gorge National River in the same manner and 
to the same extent as such sentence applies to tracts of land partially 
within the Gauley River National Recreation Area.''.
    (b) Bluestone River Conforming Amendments.--Section 3(a)(65) of the 
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(65)) is amended--
            (1) in the fifth sentence, by striking ``leases'' and 
        inserting ``the lease'';
            (2) in the seventh sentence, by striking ``such management 
        may be continued pursuant to renewal of such lease agreement''; 
        and
            (3) by striking the eighth sentence and inserting the 
        following: ``Upon request by the State of West Virginia so 
        requests, the Secretary shall renew such lease agreement with 
        the same terms and conditions as contained in such lease 
        agreement on the date of enactment of the West Virginia Rivers 
        Conservation Act of 1994 under which such State management 
        shall be continued pursuant to such renewal. Upon request by 
        the State of West Virginia, or as provided in such lease 
        agreement, the Secretary may terminate or modify the lease and 
        assume administrative authority over all or part of the areas 
        concerned.''.

SEC. 9. GAULEY ACCESS.

    Section 202(e) of the West Virginia National Interest River 
Conservation Act of 1987 (16 U.S.C. 460ww-1(e)) is amended by adding at 
the end the following new paragraph:
    ``(4) Access to River.--Not later than 90 days after the date of 
enactment of this paragraph, the Secretary shall submit a report to the 
Committee on Energy and Natural Resources of the Senate and to the 
Committee on Natural Resources of the House of Representatives setting 
forth a plan to provide river access for noncommercial recreational 
users within the Gauley River National Recreation Area. The plan shall 
provide that such access shall utilize existing public roads and 
rights-of-way to the maximum extent feasible and shall be limited to 
providing access for such noncommercial users.''.

SEC. 10. VISITOR CENTER.

    The Secretary of the Interior may construct a visitor center and 
such other related facilities as may be necessary to facilitate visitor 
understanding and enjoyment of the New River Gorge National River and 
the Gauley River National Recreation Area in the vicinity of the 
confluence of the New River and Gauley River. Such center and related 
facilities are authorized to be constructed at a site outside of the 
boundary of the New River Gorge National River or the Gauley River 
National Recreation Area unless a suitable site is available within the 
boundaries of either unit.

SEC. 11. EXTENSION.

    For a 5-year period beginning on the date of enactment of this Act, 
the provisions of the Wild and Scenic Rivers Act applicable to river 
segments designated for study for potential addition to the wild and 
scenic rivers system under section 5(b) of such Act (16 U.S.C. 1276(b)) 
shall apply to the segments of the Bluestone and Meadow Rivers that 
were found eligible in the studies completed by the National Park 
Service in August 1983 but that were not designated by the West 
Virginia National Interest River Conservation Act of 1987 (Public Law 
100-534; 102 Stat. 2702) as part of the Bluestone National Scenic River 
or as part of the Gauley River National Recreation Area, as the case 
may be.

SEC. 12. BLUESTONE RIVER PUBLIC ACCESS.

    Section 3(a)(65) of the Wild and Scenic Rivers Act (16 U.S.C 
1274(a)(65)) is amended by adding at the end the following new 
sentence: ``In order to provide reasonable public access and vehicle 
parking for public use and enjoyment of the river designated by this 
paragraph, consistent with the preservation and enhancement of the 
natural and scenic values of such river, the Secretary may negotiate a 
memorandum of understanding or cooperative agreement, or acquire such 
lands or interests in such lands, or both, with the consent of the 
owner as may be necessary to allow public access to the Bluestone River 
and to provide, outside the boundary of the scenic river, parking and 
related facilities in the vicinity of the area known as Eads Mill.''.

SEC. 13. GAULEY RIVER BOUNDARY MODIFICATION.

    Section 205(c) of the West Virginia National Interest River 
Conservation Act of 1987 (16 U.S.C 460ww-4(c)) is amended by adding at 
the end the following new sentence: ``If project construction is not 
commenced within the time required in such license, or if such license 
is surrendered at any time, such boundary modification shall cease to 
have any force and effect.''.

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