I
103D CONGRESS
1ST SESSION
H. R. 1584
To provide for the further conservation of certain unique and nationally
significant river segments in the State of West Virginia.
IN THE HOUSE OF REPRESENTATIVES
APRIL 1, 1993
Mr. RAHALL introduced the following bill; which was referred to the
Committee on Natural Resources
A BILL
To provide for the further conservation of certain unique
and nationally significant river segments in the State
of West Virginia.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘West Virginia Rivers Conservation Act of 1993’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title and table of contents.
TITLE I—BOUNDARY MODIFICATIONS
Sec. 101. New River Gorge National River.
Sec. 102. Gauley River National Recreation Area.
Sec. 103. Bluestone National Scenic River.
TITLE II—UPPER NEW NATIONAL WILD AND SCENIC RIVER
Sec. 201. Designation of upper New River, West Virginia.
TITLE III—ELK RIVER
Sec. 301. Designation of Elk River as a study river.
TITLE IV—GENERAL PROVISIONS
Sec. 401. Consolidated management.
Sec. 402. Miscellaneous amendments.
Sec. 403. Gauley access.
Sec. 404. Visitor center.
Sec. 405. Extension.
TITLE I—BOUNDARY
MODIFICATIONS
SEC. 101. 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. 102. 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. 103. 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’’.
TITLE II—UPPER NEW NATIONAL
WILD AND SCENIC RIVER
SEC. 201. 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 January 1993; to be administered by
the Secretary of the Interior as a wild and 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 leases 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 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 or modify such leases and as-
sume 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.’’.
TITLE III—ELK RIVER
SEC. 301. 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, from
Slatyfork in Pocahontas County, to Centralia in Braxton
County, 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 Unit-
ed 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.
TITLE IV—GENERAL
PROVISIONS
SEC. 401. 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 title II, the Sec-
retary of the Interior shall consolidate offices and person-
nel 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. 402. MISCELLANEOUS PROVISIONS
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.’’.
SEC. 403. 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.—(A) In order to facilitate
public safety, use, and enjoyment of the recreation area,
and to protect, to the maximum extent feasible, the scenic
and natural resources of the area, the Secretary is author-
ized and directed to acquire such lands or interests in
lands and to take such actions as are necessary to provide
access by noncommercial entities on the north side of the
Gauley River at the area known as Woods Ferry utilizing
existing roads and rights-of-way. Such actions by the Sec-
retary shall include the construction of parking and relat-
ed facilities in the vicinity of Woods Ferry for noncommer-
cial use on lands acquired pursuant to paragraph (3) or
on lands acquired with the consent of the owner thereof
within the boundaries of the recreation area.
‘‘(B) If necessary, in the discretion of the Secretary,
in order to minimize environmental impacts, including vis-
ual impacts, within portions of the recreation area imme-
diately adjacent to the river, the Secretary may, by con-
tract or otherwise, provide transportation services for non-
commercial visitors, at reasonable cost, between such
parking facilities and the river.
‘‘(C) Nothing in subparagraph (A) shall affect the
rights of any person to continue to utilize, pursuant to
a lease in effect on April 1, 1993, any right of way ac-
quired pursuant to such lease which authorizes such per-
son to use an existing road referred to in subparagraph
(A). Except as provided under paragraph (2) relating to
access immediately downstream of the Summersville
project, until there is compliance with this paragraph the
Secretary is prohibited from acquiring or developing any
other river access points within the recreation area.’’.
SEC. 404. VISITOR CENTER.
The Secretary of the Interior is authorized and di-
rected 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 Na-
tional River and the Gauley River National Recreation
Area in the vicinity of the confluence of the New and
Gauley Rivers at Gauley Bridge, West Virginia. Such cen-
ter 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 bound-
aries of either unit.
SEC. 405. 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.
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