II
Calendar No. 658
103D CONGRESS
2D SESSION
H. R. 3252
IN THE SENATE OF THE UNITED STATES
NOVEMBER 23, 1993
Received; read twice and referred to the Committee on Energy and Natural
Resources
SEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994
Reported by Mr. JOHNSTON, with amendments
[Omit the part struck through and insert the part printed in italic]
AN ACT
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 Representa-
tives of the United States of America in Congress assembled,
TITLE I—RIVERS
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘West Virginia Rivers
Conservation Act of 1993’’.
SEC. 102. 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
out ‘‘NERI–80,023, dated January 1987’’ and inserting
‘‘NERI–80,028, dated January 1993’’.
SEC. 103. 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 out ‘‘NRA–GR/20,000A and dated
July 1987’’ and inserting ‘‘GARI–80,001 and dated Janu-
ary 1993’’.
SEC. 104. 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 out
‘‘WSR–BLU/20,000, and dated January 1987’’ and in-
serting ‘‘BLUE–80,004, and dated January 1993’’.
SEC. 105. DESIGNATION OF UPPER NEW RIVER, WEST VIR-
GINIA.
Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding the following new
paragraph at the end:
‘‘( ) UPPER NEW RIVER, WEST VIRGINIA.—(A) The
segment in Summers County, West Virginia, from the
West Virginia-Virginia State line downstream for approxi-
mately 14.5 miles as depicted on the boundary map enti-
tled ‘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 improve-
ment of any existing road or right-of-way within the
boundaries of the segment designated under this para-
graph.
‘‘(C) Jurisdiction over all lands and improvements on
such lands owned by the United States within the bound-
aries of the segment designated under this paragraph is
hereby transferred without reimbursement to the adminis-
trative jurisdiction of the Secretary of the Interior, subject
to the lease in effect on the date of enactment of this para-
graph (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 with-
in 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 per-
mitted in the lease agreement as in effect on the date of
enactment of this paragraph, and if the State of West Vir-
ginia so requests, the Secretary shall renew such lease
agreement with the same terms and conditions as con-
tained in such lease agreement on the date of enactment
of this paragraph under which such State management
shall be continued pursuant to such renewal. If requested
to do so 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.
‘‘(E) Nothing in the designation of the segment re-
ferred to in this paragraph shall affect or impair the man-
agement of the Bluestone project or the authority of any
department, agency, or instrumentality of the United
States to carry out the project purposes of that project.’’.
SEC. 106. DESIGNATION OF ELK RIVER AS A STUDY RIVER.
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 Vir-
ginia) 7.5 minute series topographic map, U.S. Geological
Survey, to determine its eligibility and suitability as ei-
ther—
(1) a component of the national wild and scenic
rivers system,
(2) a unit of the National Park System as a na-
tional river, or
(3) a unit of the National Park System as a na-
tional recreation area.
The Secretary shall submit a report containing the results
of such study to the Committee on Natural Resources of
the United States House of Representatives and to the
Committee on Energy and Natural Resources of the
United States Senate within 3 years after the enactment
of this Act. 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 project purposes of that
project as of the date of enactment of this section. In con-
ducting the study authorized by this section, the Secretary
shall consult with the West Virginia Division of Tourism
and Parks and the West Virginia Division of Environ-
mental Protection.
SEC. 107. CONSOLIDATED MANAGEMENT.
In order to achieve the maximum economy and effi-
ciency of operations in the administration of the segment
of the New River designated pursuant to section 205, the
Secretary of the Interior shall consolidate offices and per-
sonnel administering such segment with offices and per-
sonnel 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. 108. MISCELLANEOUS PROVISIONS.
(a) NEW RIVER CONFORMING AMENDMENTS.—Title
XI of the National Parks and Recreation Act of 1978 (16
U.S.C. 460m–15 and following) is amended by adding the
following new section at the end thereof:
‘‘SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.
‘‘(a) COOPERATIVE AGREEMENTS.—The provisions
of 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
provisions apply to the Gauley River National Recreation
Area.
‘‘(b) REMNANT LANDS.—The provisions of the sec-
ond sentence of section 203(a) of the West Virginia Na-
tional 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 provi-
sions apply to tracts of land only partially within the
Gauley River National Recreation Area.’’.
(b) BLUESTONE
RIVER
CONFORMING
AMEND-
MENTS.—Section 3(a)(65) of the Wild and Scenic Rivers