To amend the Water Resources Development Act of 1974 to establish a deadline for the transfer of jurisdiction of the Big South Fork National River and Recreation area from the Secretary of the Army to the Secretary of the Interior, and for other purposes.
PL 101-561 (H.R.5667), enacted 11/15/1990

104 STAT. 2778 
PUBLIC LAW 101-561—NOV. 15, 1990 
Public Law 101-561 
101st Congress 
An Act 
Nov. 15, 1990 
To amend the Water Resources Development Act of 1974 to transfer jurisdiction of 
" rjTD 56671 
*^® ^ ^ South Fork National River and Recreation Area from the Secretary of the 
Army to the Secretary of the Interior, 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. BIG SOUTH FORK NATIONAL RIVER AND RECREATION AREA. 
(a) TRANSFER OF JURISDICTION.—(1) Section 108(b)(1) of the Water 
i6USC460ee. 
Resources Development Act of 1974 (88 Stat. 43) is amended by 
striking the 1st and 2nd sentences and inserting the following: 
"Effective upon the date of enactment of this sentence, responsibil-
ity for all planning, acquisition, and development, as well as 
administrative jurisdiction over all Federal lands, water, interests 
therein, and improvements thereon, within the National Area is 
hereby transferred to the Secretary of the Interior. The Secretary 
may complete all acquisition and development activities in progress 
on the date of enactment of this sentence, and the Secretary and the 
Secretary of the Interior may, by mutual agreement, provide for an 
orderly and phased assumption of responsibilities (including but not 
limited to land acquisition and the construction of necessary access 
roads, day-use facilities, campground facilities, lodges, and adminis-
trative buildings) and available funds by the Secretary of the In-
terior in furtherance of the purposes of this section. The Secretary of 
the Interior shall administer the National Area in accordance with 
the provisions of the Act of August 25,1916 (39 Stat. 535; 16 U.S.C. 1, 
2-4), as amended and supplemented. The authorities set forth in this 
section which were available to the Secretary immediately prior to 
the date of enactment of this sentence shall after such date be 
available to the Secretary of the Interior.". 
(2) Section 108(bXl) of such Act is further amended by striking the 
last sentence. 
(3) Paragraph (2) of section 108(b) of such Act is repealed, and 
section 108(b) of such Act is further amended by striking "(1)" after 
'W. 
(b) EXCEPTIONS TO GORGE AREA RESTRICTIONS.—Section 108(eX2XA) 
of such Act is amended by striking the 3rd and 4th sentences and 
inserting the following: "No structures shall be constructed within 
the gorge area except for structures associated with the improve-
ment of historical sites specified in paragraphs (5), (6), and (8), except 
for day-use facilities and primitive campgrounds along the primary 
and secondary access routes specified herein and within 500 feet of 
such roads, and except for primitive campgrounds accessible only by 
water or on foot. No motorized transportation shall be allowed in 
the gorge area except on designated access routes, existing routes for 
administration of the National Area, existing routes for access to 
cemeteries; except that motorboat access into the gorge area shall be 
permitted up to a point one-tenth of a mile downstream from Devils' 
Jumps and except for the continued operation and maintenance of 
PUBLIC LAW 101-561—NOV. 15, 1990 
104 STAT. 2779 
the rail line currently operated and known as the K & T Railroad. 
The Secretary of the Interior shall impose limitations on the use of 
existing routes for access to cemeteries.". 
(c) MAINTENANCE OF EXISTING ROADS WITHIN GORGE AREA.— 
Section 
108(eX2XD) of such 
Act is 
amended 
by 
striking 
l6USC460ee. 
"nonvehicular" and inserting "nonmotorized". 
(d) CONSTRUCTION WITHIN GORGE AREA.—Section 108(e) of such 
Act is amended by adding at the end the following new paragraph: 
"(8) IMPROVEMENT OF CHARIT CREEK LODGE AND HISTORIC 
STRUCTURES.—The Secretary of the Interior may make improve-
ments to the Charit Creek Lodge and associated facilities and to 
historic structures determined to be eligible for listing in the 
National Register of Historic Places. Such improvements shall 
be made in a manner consistent with the historic scene and the 
limited ability of the National Area to accommodate additional 
use and development. Improvements to the Charit Creek Lodge 
and associated facilities shall be made within the approximately 
30 acres of cleared land existing on the date of the enactment of 
this paragraph and within carrying capacity limitations deter-
mined by the National Park Service.". 
(e) FUNDING.—Section 108(k) of such Act is amended by striking 
the last sentence and inserting the following: "Costs for the Na-
tional Area shall be provided in the same manner as costs for 
national recreation areas administered by the Secretary of the 
Interior through the National Park Service.". 
Approved November 15, 1990. 
LEGISLATIVE HISTORY—H.R. 5667: 
HOUSE REPORTS: No. 101-841, Pt. 1 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 10, considered and passed House. 
Oct. 26, considered and passed Senate.