16 U.S.C. § 460m–15 (CONSERVATION)
§ 460m–15. Establishment; administration, protection, and development; utilization of other authorities; boundary description, availability 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 important segment of the New River in West Virginia for the benefit and enjoyment of present and future generations, the Secretary of the Interior (hereinafter referred to as the “Secretary”) shall establish and administer the New River Gorge National River. The Secretary shall administer, protect, and develop the national river in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),1 as amended and supplemented; except that any other statutory authority available to the Secretary for the preservation and management 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 available for public inspection in the offices of the National Park Service, Department of the Interior.
(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.)
heading: References in Text
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, amended sections 22 and 43 of this title and section 1457 of Title 43, Public Lands, and enacted provisions set out as a note under section 1 of this title. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54, National Park Service and Related Programs, 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.
heading: Amendments
text: 2002—Pub. L. 107–356 substituted “NERI 80,034, dated May 2001” for “NERI–80,028A, dated March 1996”.
1996—Pub. L. 104–333 substituted “NERI–80,028A, dated March 1996” for “NERI–80,023, dated January 1987”.
1988—Pub. L. 100–534 substituted “NERI–80,023, dated January 1987” for “NERI–20,002, dated July 1978”.
heading: Short Title of 2002 Amendment
text: Pub. L. 107–356, § 1, Dec. 17, 2002, 116 Stat. 3013, provided that: “This Act [amending this section and enacting provisions set out as a note under this section] may be cited as the ‘New River Gorge Boundary Act of 2002’.”
heading: Short Title of 1988 Amendment
text: Pub. L. 100–534, § 1, Oct. 26, 1988, 102 Stat. 2699, provided that: “This Act [enacting sections 460m–26 to 460m–29 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 section 1274 of this title] may be cited as the ‘West Virginia National Interest River Conservation Act of 1987’.”
heading: Land Exchange
text: Pub. L. 107–356, § 2(b), Dec. 17, 2002, 116 Stat. 3013, provided 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 Number 150–07 that lies adjacent to the boundary of the New River Gorge National River 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 administered 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.”
heading: New, Gauley, Meadow, and Bluestone Rivers; Congressional Findings and Purpose
text: Pub. L. 100–534, § 2, Oct. 26, 1988, 102 Stat. 2699, provided that:
“(a) Findings.—
The Congress finds that—
“(1) The outstanding natural, scenic, cultural and recreational values of the segment of the New River in West Virginia within the boundaries of the New River Gorge National River have been preserved and enhanced by its inclusion in the National Park System.
“(2) The establishment of the New River Gorge National 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 recreation resource. The lower section of the Bluestone River and the lower section of the Meadow River possess remarkable and outstanding natural, scenic, and recreational values due to their predominantly undeveloped condition.
“(5) Portions of several of the New River tributaries, including segments of the Gauley River, the Meadow River, and the Bluestone River are suitable for inclusion in the National Park System or the National 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 Virginia 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-flowing segments of the New, Gauley, Meadow, and Bluestone Rivers in the State of West Virginia for the benefit and enjoyment of present and future generations.”
heading: Coordination Among Recreational Resources
text: 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 assist, any regional authority comprised of representatives of West Virginia State authorities and local government authorities in or any combination of the foregoing 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 national significance which are located in southern West Virginia and management by State or Federal agencies, including State, local and National Park System units, State and National Forest System units, and historic sites.”
heading: Special Provisions
text: 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 System, the Secretary of the Interior shall enter into a cooperative agreement with the State of West Virginia providing for the State’s regulation, in accordance with State law, of persons providing commercial recreational 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].”
heading: Consolidated Management
text: 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 administration of the National Park System units established or expanded pursuant to this Act [see Short Title of 1988 Amendment note above], the Secretary shall consolidate offices and personnel administering all such units to the extent practicable and shall utilize the existing facilities of the New River Gorge National River to the extent practicable.”
heading: New Spending Authority
text: 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.”