IIA
103D CONGRESS
1ST 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
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-
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
Act (16 U.S.C. 1274(a)(65)) is amended by striking
‘‘leases’’ in the fifth sentence and inserting in lieu thereof
‘‘the lease’’ and in the seventh sentence by striking ‘‘such
management may be continued pursuant to renewal of
such lease agreement. If requested to do so by the State
of West Virginia, the Secretary may terminate such leases
and assume administrative authority over the areas con-
cerned.’’ and inserting in lieu thereof the following: ‘‘if the
State of West Virginia so requests, the Secretary shall
renew such lease agreement with the same terms and con-
ditions as contained 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.’’.
SEC. 109. 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 the following new paragraph at the
end thereof:
‘‘(4) ACCESS TO RIVER.—Within 90 days after the
date of enactment of this subsection, the Secretary shall
submit a report to the Committee on Natural Resources
of the House of Representatives and to the Committee on
Energy and Natural Resources of the Senate setting forth
a plan to provide river access for noncommercial rec-
reational users within the Gauley River National Recre-
ation Area. The plan shall provide that such access shall
utilize existing public roads and rights-of-way to the maxi-
mum extent feasible and shall be limited to providing ac-
cess for such noncommercial users.’’.
SEC. 110. VISITOR CENTER.
The Secretary of the Interior is authorized to con-
struct a visitor center and such other related facilities as
may be deemed necessary to facilitate visitor understand-
ing and enjoyment of the New River Gorge National River
and the Gauley River National Recreation Area in the vi-
cinity of the confluence of the New and Gauley Rivers.
Such center and related facilities are authorized to be con-
structed at a site outside of the boundary of the New River
Gorge National River or the Gauley River National Recre-
ation Area unless a suitable site is available within the
boundaries of either unit.
SEC. 111. EXTENSION.
For a 5-year period following 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 that Act shall apply to those seg-
ments of the Bluestone and Meadow Rivers which were
found eligible in the studies completed by the National
Park Service in August 1983 but which were not des-
ignated by the West Virginia National Interest River Con-
servation Act of 1987 as part of the Bluestone National
Scenic River or as part of the Gauley River National
Recreation Area, as the case may be.
SEC. 112. BLUESTONE RIVER PUBLIC ACCESS.
Section 3(a)(65) of the Wild and Scenic Rivers Act
(16 U.S.C 1271 and following) is amended by adding the
following at the end thereof: ‘‘In order to provide reason-
able public access and vehicle parking for public use and
enjoyment of the river designated by this paragraph, con-
sistent with the preservation and enhancement of the nat-
ural and scenic values of such river, the Secretary may,
with the consent of the owner thereof, negotiate a memo-
randum of understanding or cooperative agreement, or ac-
quire such lands or interests in such lands, or both, 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. 113. 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 the following at the end thereof:
‘‘If project construction is not commenced within the time
required in such license, or if such license is surrendered