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(continued)
horses to property located inside or outside the boundaries of the
Ozark National Scenic Riverways.

-SOURCE-
(Pub. L. 88-492, Sec. 7, Aug. 27, 1964, 78 Stat. 609; Pub. L.
104-333, div. I, title VIII, Sec. 803(b), Nov. 12, 1996, 110 Stat.
4186.)

-COD-
CODIFICATION
November 12, 1996, referred to in subsec. (a), was in the
original "enactment of this section" and "the date of the enactment
of this section", respectively, which were translated as meaning
the date of enactment of Pub. L. 104-333, which amended this
section generally, to reflect the probable intent of Congress.


-MISC1-
AMENDMENTS
1996 - Pub. L. 104-333 amended section generally, substituting
provisions relating to free-roaming horses for provisions relating
to Ozark National Scenic Riverways Commission.

-End-



-CITE-
16 USC Sec. 460m-7 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXX - OZARK NATIONAL SCENIC RIVERWAYS

-HEAD-
Sec. 460m-7. Authorization of appropriations

-STATUTE-
There are hereby authorized to be appropriated such sums (but not
more than $10,804,000 for the acquisition of lands or interests in
lands) as are necessary to carry out the purposes of this
subchapter.

-SOURCE-
(Pub. L. 88-492, Sec. 8, Aug. 27, 1964, 78 Stat. 610; Pub. L.
92-272, title I, Sec. 101(7), Apr. 11, 1972, 86 Stat. 120.)


-MISC1-
AMENDMENTS
1972 - Pub. L. 92-272 increased maximum amount authorized to be
appropriated for acquisition of lands or interests in lands from
not more than $7,000,000 to not more than $10,804,000.

-End-


-CITE-
16 USC SUBCHAPTER LXXI - BUFFALO NATIONAL RIVER 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI - BUFFALO NATIONAL RIVER

-HEAD-
SUBCHAPTER LXXI - BUFFALO NATIONAL RIVER

-End-



-CITE-
16 USC Sec. 460m-8 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI - BUFFALO NATIONAL RIVER

-HEAD-
Sec. 460m-8. Establishment

-STATUTE-
For the purposes of conserving and interpreting an area
containing unique scenic and scientific features, and preserving as
a free-flowing stream an important segment of the Buffalo River in
Arkansas for the benefit and enjoyment of present and future
generations, the Secretary of the Interior (hereinafter referred to
as the "Secretary") may establish and administer the Buffalo
National River. The boundaries of the national river shall be as
generally depicted on the drawing entitled "Proposed Buffalo
National River" numbered NR-BUF-7103 and dated December 1967, which
shall be on file and available for public inspection in the offices
of the National Park Service, Department of the Interior. The
Secretary is authorized to make minor revisions of the boundaries
of the national river when necessary, after advising the Committee
on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate in writing,
but the total acreage within such boundaries shall not exceed
ninety-five thousand seven hundred and thirty acres.

-SOURCE-
(Pub. L. 92-237, Sec. 1, Mar. 1, 1972, 86 Stat. 44; Pub. L.
103-437, Sec. 6(n)(1), Nov. 2, 1994, 108 Stat. 4586.)


-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 substituted "Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate" for "Committees on
Interior and Insular Affairs of the United States House of
Representatives and the United States Senate".

-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.

-End-



-CITE-
16 USC Sec. 460m-9 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI - BUFFALO NATIONAL RIVER

-HEAD-
Sec. 460m-9. Acquisition of lands and waters

-STATUTE-
(a) Donation, purchase, and exchange; reimbursement of State of
Arkansas
Within the boundaries of the Buffalo National River, the
Secretary may acquire lands and waters or interests therein by
donation, purchase or exchange, except that lands owned by the
State of Arkansas or a political subdivision thereof may be
acquired only by donation: Provided, That the Secretary may, with
funds appropriated for development of the area, reimburse such
State for its share of the cost of facilities developed on State
park lands if such facilities were developed in a manner approved
by the Secretary and if the development of such facilities
commenced subsequent to March 1, 1972: Provided further, That such
reimbursement shall not exceed a total of $375,000. When an
individual tract of land is only partly within the boundaries of
the national river, the Secretary may acquire all of the tract by
any of the above methods in order to avoid the payment of severance
costs. Land so acquired outside of the boundaries of the national
river may be exchanged by the Secretary for non-Federal lands
within the national river boundaries, and any portion of the land
not utilized for such exchanges may be disposed of in accordance
with the provisions of the Federal Property and Administrative
Services Act of 1949, as amended. With the concurrence of the
agency having custody thereof, any Federal property within the
boundaries of the national river may be transferred without
consideration to the administrative jurisdiction of the Secretary
for administration as part of the national river.
(b) Retention of rights
Except for property which the Secretary determines to be
necessary for the purposes of administration, development, access
or public use, an owner or owners (hereafter referred to as
"owner") of any improved property which is used solely for
noncommercial residential purposes on the date of its acquisition
by the Secretary or any owner of lands used solely for agricultural
purposes (including, but not limited to, grazing) may retain, as a
condition of the acquisition of such property or lands, a right of
use and occupancy of such property for such residential or
agricultural purposes. The term of the right retained shall expire
upon the death of the owner or the death of his spouse, whichever
occurs later, or in lieu thereof, after a definite term which shall
not exceed twenty-five years after the date of acquisition. The
owner shall elect, at the time of conveyance, the term of the right
reserved. The Secretary shall pay the owner the fair market value
of the property on the date of such acquisition, less the fair
market value of the term retained by the owner. Such right may,
during its existence, be conveyed or transferred, but all rights of
use and occupancy shall be subject to such terms and conditions as
the Secretary deems appropriate to assure the use of such property
in accordance with the purposes of this subchapter. Upon a
determination that the property, or any portion thereof, has ceased
to be used in accordance with such terms and conditions, the
Secretary may terminate the right of use and occupancy by tendering
to the holder of such right an amount equal to the fair market
value, as of the date of the tender, of that portion of the right
which remains unexpired on the date of termination.
(c) "Improved property" defined
As used in this section the term "improved property" means a
detached year-round one-family dwelling which serves as the owner's
permanent place of abode at the time of acquisition, and
construction of which was begun before September 3, 1969, together
with so much of the land on which the dwelling is situated, the
said land being in the same ownership as the dwelling, as the
Secretary shall designate to be reasonably necessary for the
enjoyment of the dwelling for the sole purpose of noncommercial
residential use.

-SOURCE-
(Pub. L. 92-237, Sec. 2, Mar. 1, 1972, 86 Stat. 44.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,
63 Stat. 377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter
4 of Title 41, Public Contracts, the Act was repealed and reenacted
by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
and Works.

-End-



-CITE-
16 USC Sec. 460m-10 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI - BUFFALO NATIONAL RIVER

-HEAD-
Sec. 460m-10. Hunting and fishing; rules and regulations

-STATUTE-
The Secretary shall permit hunting and fishing on lands and
waters under his jurisdiction within the boundaries of the Buffalo
National River in accordance with applicable Federal and State
laws, except that he may designate zones where and establish
periods when, no hunting or fishing shall be permitted for reasons
of public safety, administration, fish or wildlife management, or
public use and enjoyment. Except in emergencies, any rules and
regulations of the Secretary pursuant to this section shall be put
into effect only after consultation with the Arkansas Fish and Game
Commission.

-SOURCE-
(Pub. L. 92-237, Sec. 3, Mar. 1, 1972, 86 Stat. 45.)

-End-



-CITE-
16 USC Sec. 460m-11 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI - BUFFALO NATIONAL RIVER

-HEAD-
Sec. 460m-11. Water resource projects

-STATUTE-
The Federal Energy Regulatory Commission shall not license the
construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works under the Federal Power
Act (41 Stat. 1063), as amended (16 U.S.C. 791a et seq.), on or
directly affecting the Buffalo National River and no department or
agency of the United States shall assist by loan, grant, license,
or otherwise in the construction of any water resources project
that would have a direct and adverse effect on the values for which
such river is established, as determined by the Secretary. Nothing
contained in the foregoing sentence, however, shall preclude
licensing of, or assistance to, developments below or above the
Buffalo National River or on any stream tributary thereto which
will not invade the area or unreasonably diminish the scenic,
recreational, and fish and wildlife values present in the area on
March 1, 1972. No department or agency of the United States shall
recommend authorization of any water resources project that would
have a direct and adverse effect on the values for which such river
is established, as determined by the Secretary, nor shall such
department or agency request appropriations to begin construction
on any such project, whether heretofore or hereafter authorized,
without, at least sixty days in advance, (i) advising the
Secretary, in writing, of its intention so to do and (ii) reporting
to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources
of the Senate, respectively, the nature of the project involved and
the manner in which such project would conflict with the purposes
of this subchapter or would affect the national river and the
values to be protected by it under this subchapter.

-SOURCE-
(Pub. L. 92-237, Sec. 4, Mar. 1, 1972, 86 Stat. 45; Pub. L. 95-91,
title IV, Sec. 402(a)(1)(A), Aug. 4, 1977, 91 Stat. 583; Pub. L.
103-437, Sec. 6(n)(1), Nov. 2, 1994, 108 Stat. 4586.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act, referred to in text, is act June 10, 1920,
ch. 285, 41 Stat. 1063, as amended, which is classified generally
to chapter 12 (Sec. 791a et seq.) of this title. For complete
classification of this Act to the Code, see section 791a of this
title and Tables.


-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 substituted "Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate" for "Committees on
Interior and Insular Affairs of the United States House of
Representatives and the United States Senate".

-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.


-TRANS-
TRANSFER OF FUNCTIONS
"Federal Energy Regulatory Commission" substituted for "Federal
Power Commission" in text pursuant to Pub. L. 95-91, Sec.
402(a)(1)(A), which is classified to section 7172(a)(1)(A) of Title
42, The Public Health and Welfare.
Federal Power Commission terminated and functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except
for certain functions transferred to Federal Energy Regulatory
Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293
of Title 42.

-End-



-CITE-
16 USC Sec. 460m-12 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI - BUFFALO NATIONAL RIVER

-HEAD-
Sec. 460m-12. Administration, protection, and development

-STATUTE-
The Secretary shall administer, protect, and develop the Buffalo
National River in accordance with the provisions of sections 1, 2,
3, and 4 of this title, as amended and supplemented; except that
any other statutory authority available to the Secretary for the
conservation and management of natural resources may be utilized to
the extent he finds such authority will further the purposes of
this subchapter.

-SOURCE-
(Pub. L. 92-237, Sec. 5, Mar. 1, 1972, 86 Stat. 45.)

-End-



-CITE-
16 USC Sec. 460m-13 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI - BUFFALO NATIONAL RIVER

-HEAD-
Sec. 460m-13. Suitability for preservation as a wilderness; area
review and report to President

-STATUTE-
Within three years from March 1, 1972, the Secretary shall review
the area within the boundaries of the national river and shall
report to the President, in accordance with section 1132(c) and (d)
of this title, his recommendation as to the suitability or
nonsuitability of any area within the national river for
preservation as a wilderness, and any designation of any such area
as a wilderness, shall be accomplished in accordance with said
section 1132(c) and (d) of this title.

-SOURCE-
(Pub. L. 92-237, Sec. 6, Mar. 1, 1972, 86 Stat. 46.)

-End-



-CITE-
16 USC Sec. 460m-14 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI - BUFFALO NATIONAL RIVER

-HEAD-
Sec. 460m-14. Authorization of appropriations

-STATUTE-
For the acquisition of lands and interests in lands, there are
authorized to be appropriated not more than $39,948,000. For
development of the national river, there are authorized to be
appropriated not to exceed $9,371,000.

-SOURCE-
(Pub. L. 92-237, Sec. 7, Mar. 1, 1972, 86 Stat. 46; Pub. L. 94-578,
title I, Sec. 101(3), title III, Sec. 310, Oct. 21, 1976, 90 Stat.
2732, 2736; Pub. L. 95-625, title II, Sec. 201(2), Nov. 10, 1978,
92 Stat. 3473.)


-MISC1-
AMENDMENTS
1978 - Pub. L. 95-625 increased land acquisition appropriations
authorization to $39,948,000 from $30,071,500.
1976 - Pub. L. 94-578 substituted "$30,071,500" for "$16,115,000"
in provision covering the acquisition of lands and interests in
lands and substituted "For development of the national river, there
are authorized to be appropriated not to exceed $9,371,000" for
"For development of the national river, there are authorized to be
appropriated not more than $283,000 in fiscal year 1974; $2,923,000
in fiscal year 1975; $3,643,000 in fiscal year 1976; $1,262,000 in
fiscal year 1977; and $1,260,000 in fiscal year 1978. The sums
appropriated each year shall remain available until expended".

-End-


-CITE-
16 USC SUBCHAPTER LXXI-A - NEW RIVER GORGE NATIONAL RIVER 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER

-HEAD-
SUBCHAPTER LXXI-A - NEW RIVER GORGE NATIONAL RIVER

-End-



-CITE-
16 USC Sec. 460m-15 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER

-HEAD-
Sec. 460m-15. Establishment; administration, protection, and
development; utilization of other authorities; boundary
description, availability for public inspection

-STATUTE-
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 sections 1, 2, 3, and 4 of
this title, 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.

-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1101, Nov. 10, 1978, 92 Stat. 3544;
Pub. L. 100-534, title I, Sec. 101, Oct. 26, 1988, 102 Stat. 2700;
Pub. L. 104-333, div. I, title IV, Sec. 406(a)(1), Nov. 12, 1996,
110 Stat. 4149; Pub. L. 107-356, Sec. 2(a), Dec. 17, 2002, 116
Stat. 3013.)


-MISC1-
AMENDMENTS
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".

SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-356, Sec. 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'."

SHORT TITLE OF 1988 AMENDMENT
Section 1 of Pub. L. 100-534 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'."

LAND EXCHANGE
Pub. L. 107-356, Sec. 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."

NEW, GAULEY, MEADOW, AND BLUESTONE RIVERS; CONGRESSIONAL FINDINGS
AND PURPOSE
Section 2 of Pub. L. 100-534 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."

COORDINATION AMONG RECREATIONAL RESOURCES
Section 401 of Pub. L. 100-534 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."

SPECIAL PROVISIONS
Section 402 of Pub. L. 100-534 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]."

CONSOLIDATED MANAGEMENT
Section 404 of Pub. L. 100-534 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."

NEW SPENDING AUTHORITY
Section 405 of Pub. L. 100-534 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."

-End-



-CITE-
16 USC Sec. 460m-16 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER

-HEAD-
Sec. 460m-16. Acquisition of property

-STATUTE-
(a) Authority of Secretary; manner; donation of State lands;
improved and unimproved properties
Within the boundaries of the New River Gorge National River, the
Secretary may acquire lands and waters or interests therein by
donation, purchase with donated or appropriated funds, transfer, or
exchange. Lands owned by the State of West Virginia or a political
subdivision thereof may be acquired by donation only. In addition,
the Secretary may acquire by any of the foregoing methods not to
exceed ten acres outside the boundaries of the national river for
an administrative headquarters site, and funds appropriated for
land acquisition shall be available for the acquisition of the
administrative headquarters site. The authority of the Secretary to
condemn in fee, improved properties as defined in subsection (c) of
this section shall not be invoked as long as the owner of such
improved property holds and uses it in a manner compatible with the
purposes of this subchapter. The Secretary may acquire any such
improved property without the consent of the owner whenever he
finds that such property has undergone, since January 1, 1978, or
is imminently about to undergo, changes in land use which are
incompatible with the purposes of the national river. The Secretary
may acquire less than fee interest in any improved or unimproved
property within the boundaries of the national river.
(b) Non-federally owned lands; cooperative agreements affecting
properties of historical significance
On non-federally owned lands within the national river
boundaries, the Secretary is authorized to enter into cooperative
agreements with organizations or individuals to mark or interpret
properties of significance to the history of the Gorge area.
(c) "Improved property" defined
For the purposes of this Act, the term "improved property" means
(i) a detached single family dwelling, the construction of which
was begun before January 1, 1977 (hereafter referred to as
"dwelling"), together with so much of the land on which the
dwelling is situated, the said land being in the same ownership as
the dwelling, as the Secretary shall designate to be reasonably
necessary for the enjoyment of the dwelling for the sole purpose of
noncommercial residential use, together with any structures
necessary to the dwelling which are situated on the land so
designated, or (ii) property developed for agricultural uses,
together with any structures accessory thereto which were so used
on or before January 1, 1977, or (iii) commercial and small
business properties which were so used on or before January 1,
1977, the purpose of which is determined by the Secretary to
contribute to visitor use and enjoyment of the national river. In
determining when and to what extent a property is to be considered
an "improved property", the Secretary shall take into consideration
the manner of use of such buildings and lands prior to January 1,
1977, and shall designate such lands as are reasonably necessary
for the continued enjoyment of the property in the same manner and
to the same extent as existed prior to such date.
(d) Owner's reservation of right of use and occupancy for fixed
term of years or for life; election by owner; fair market value;
termination; notification
The owner of an improved property, as defined in this subchapter,
on the date of its acquisition, as a condition of such acquisition,
may retain for himself, his heirs and assigns, a right of use and
occupancy of the improved property for noncommercial residential,
or agricultural purposes, or the continuation of existing
commercial operations, as the case may be, for a definite term of
not more than twenty-five years, or, in lieu thereof, for a term
ending at the death of the owner or the death of his spouse,
whichever is later. The owner shall elect the term to be reserved.
Unless the property is wholly or partially donated, the Secretary
shall pay to the owner the fair market value of the property on the
date of its acquisition, less the fair market value of the property
on that date of the right retained by the owner. A right retained
by the owner pursuant to this section shall be subject to
termination by the Secretary upon his determination that it is
being exercised in a manner inconsistent with the purposes of this
subchapter, and it shall terminate by operation of law upon
notification by the Secretary to the holder of the right of such
determination and tendering to him the amount equal to the fair
market value of that portion which remains unexpired.

-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1102, Nov. 10, 1978, 92 Stat. 3545;
Pub. L. 99-500, Sec. 101(h) [title I, Sec. 116(a)], Oct. 18, 1986,
100 Stat. 1783-242, 1783-266, and Pub. L. 99-591, Sec. 101(h)
[title I, Sec. 116(a)], Oct. 30, 1986, 100 Stat. 3341-242,
3341-266; Pub. L. 99-590, title X, Sec. 1001, Oct. 30, 1986, 100
Stat. 3339.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (c), is Pub. L. 95-625, Nov. 10,
1978, 92 Stat. 3467, known as the National Parks and Recreation Act
of 1978. For complete classification of this Act to the Code, see
Short Title of 1978 Amendment note set out under section 1 of this
title and Tables.

-COD-
CODIFICATION
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


-MISC1-
AMENDMENTS
1986 - Subsec. (a). Pub. L. 99-500, Pub. L. 99-590, Pub. L.
99-591, amended subsec. (a) identically inserting provisions
relating to acquisition of an administrative headquarters site.

-End-



-CITE-
16 USC Sec. 460m-17 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER

-HEAD-
Sec. 460m-17. Lands and areas plan; submission to Congressional
committees

-STATUTE-
Within two years from November 10, 1978, the Secretary shall
submit, in writing, to the House Committee on Interior and Insular
Affairs, the Senate Committee on Energy and Natural Resources and
the Committees on Appropriations of the United States Congress, a
detailed plan which shall indicate -
(i) the lands and areas which he deems essential to the
protection and public enjoyment of the natural, scenic, and
historic values and objects of this national river;
(ii) the lands which he has previously acquired by purchase,
donation, exchange, or transfer for the purpose of this national
river;
(iii) the annual acquisition program (including the level of
funding) which he recommends for the ensuing four fiscal years;
and
(iv) the feasibility and suitability of including within the
boundaries of the national river, the section of the New River
from Fayetteville to Gauley Bridge, and reasons therefor.

-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1103, Nov. 10, 1978, 92 Stat.
3546.)

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

-End-



-CITE-
16 USC Sec. 460m-18 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER

-HEAD-
Sec. 460m-18. Zoning laws and ordinances; establishment;
assistance; restrictions; variances

-STATUTE-
The Secretary shall on his own initiative, or at the request of
any local government having jurisdiction over land located in or
adjacent to the Gorge area, assist and consult with the appropriate
officials and employees of such local government in establishing
zoning laws or ordinances which will assist in achieving the
purposes of this subchapter. In providing assistance pursuant to
this section, the Secretary shall endeavor to obtain provisions in
such zoning laws or ordinances which -
(1) have the effect of restricting incompatible commercial and
industrial use of all real property in or adjacent to the Gorge
area;
(2) aid in preserving the character of the Gorge area by
appropriate restrictions on the use of real property in the
vicinity, including, but not limited to, restrictions upon
building and construction of all types; signs and billboards; the
burning of cover; cutting of timber; removal of topsoil, sand, or
gravel; dumping, storage, or piling of refuse; or any other use
which would detract from the esthetic character of the Gorge
area; and
(3) have the effect of providing that the Secretary shall
receive advance notice of any hearing for the purpose of granting
a variance and any variance granted under, and of any exception
made to, the application of such law or ordinance.

-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1104, Nov. 10, 1978, 92 Stat.
3546.)

-End-



-CITE-
16 USC Sec. 460m-19 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER

-HEAD-
Sec. 460m-19. Mineral lands

-STATUTE-
(a) Mining; prohibition and limitation
Notwithstanding any other provision of law, no surface mining of
any kind shall be permitted on federally owned lands within the
boundary of the national river where the subsurface estate is not
federally owned. Underground mining on such lands may be permitted
by the Secretary only if -
(1) the mining operation will have no significant adverse
impact on the public use and enjoyment of the national river;
(2) the mining operation will disturb the minimum amount of
surface necessary to extract the mineral; and
(3) the surface is not significantly disturbed, unless there is
no technologically feasible alternative.
(b) Timber harvesting
The harvesting of timber on federally owned lands within the
national river boundary is prohibited, except insofar as it is
necessary for the Secretary to remove trees for river access,
historic sites, primitive campgrounds, scenic vistas, or as may be
necessary from time to time for reasons of public health and
safety.
(c) Civil action; jurisdiction; recovery
The owner of a mineral estate subject to this section who
believes he has suffered a loss by operation of this section, may
bring an action only in a United States district court to recover
just compensation, which shall be awarded if the court finds that
such loss constitutes a taking of property compensable under the
Constitution.

-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1105, Nov. 10, 1978, 92 Stat.
3546.)

-End-



-CITE-
16 USC Sec. 460m-20 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER

-HEAD-
Sec. 460m-20. Hunting and fishing zones; designation; rules and
regulations, consultation

-STATUTE-
The Secretary may permit hunting and fishing on lands and waters
under his jurisdiction within the boundaries of the New River Gorge
National River in accordance with applicable Federal and State
laws, and he may designate zones where, and establish periods when,
no hunting or fishing shall be permitted for reasons of public
safety, administration, fish or wildlife management, or public use
and enjoyment. Except in emergencies, any rules and regulations of
the Secretary pursuant to this section shall be put into effect
only after consultation with the appropriate State agency
responsible for hunting and fishing activities. The Secretary shall
permit the State of West Virginia to undertake fish stocking
activities carried out by the State, in consultation with the
Secretary, on waters within the boundaries of the national river.
Nothing in this Act shall be construed as affecting the
jurisdiction of the State of West Virginia with respect to fish and
wildlife.

-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1106, Nov. 10, 1978, 92 Stat. 3547;
Pub. L. 104-333, div. I, title IV, Sec. 406(a)(2), Nov. 12, 1996,
110 Stat. 4149.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 95-625, Nov. 10, 1978,
92 Stat. 3467, known as the National Parks and Recreation Act of
1978. For complete classification of this Act to the Code, see
Short Title of 1978 Amendment note set out under section 1 of this
title and Tables.


-MISC1-
AMENDMENTS
1996 - Pub. L. 104-333 inserted at end "The Secretary shall
permit the State of West Virginia to undertake fish stocking
activities carried out by the State, in consultation with the
Secretary, on waters within the boundaries of the national river.
Nothing in this Act shall be construed as affecting the
jurisdiction of the State of West Virginia with respect to fish and
wildlife."

REGULATIONS
Pub. L. 108-108, title I, Sec. 150, Nov. 10, 2003, 117 Stat.
1281, provided that: "The National Park Service shall issue a
special regulation concerning continued hunting at New River Gorge
National River in compliance with the requirements of the
Administrative Procedures [Procedure] Act [see Short Title note
preceding section 551 of Title 5, Government Organization and
Employees], with opportunity for public comment, and shall also
comply with the National Environmental Policy Act [of 1969] [42
U.S.C. 4321 et seq.] as appropriate. Notwithstanding any other
provision of law, the September 25, 2003 interim final rule
authorizing continued hunting at New River Gorge National River
shall be in effect until the final special regulation supercedes
it."

-End-



-CITE-
16 USC Sec. 460m-21 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER

-HEAD-
Sec. 460m-21. Project work prohibition; advisement to Secretary;
report to Congress

-STATUTE-
The Federal Energy Regulatory Commission shall not license the
construction of any dam, water conduit, reservoir, powerhouse,
transmission line, or other project works under the Federal Power
Act (41 Stat. 1063) as amended (16 U.S.C. 791a et seq.), on or
directly affecting the New River Gorge National River, and no
department or agency of the United States shall assist by loan,
grant, license, or otherwise in the construction of any water
resources project that would have a direct and adverse effect on
the values for which such river was established, as determined by
the Secretary. Nothing contained in the foregoing sentence,
however, shall preclude licensing of, or assistance to,
developments below or above the New River Gorge National River or
on any stream tributary thereto which will not invade the area or
diminish the scenic, recreation, and fish and wildlife values
present in the area on November 10, 1978. No department or agency
of the United States shall recommend authorization of any water
resources project that would have a direct and adverse effect on
the values for which such river was established, as determined by
the Secretary, or request appropriations to begin construction on
any such project whether heretofore or hereafter authorized,
without advising the Secretary in writing of its intention to do so
at least sixty days in advance, and without specifically reporting
to the Congress in writing at the time it makes its recommendation
or request in what respect construction of such project would be in
conflict with the purposes of this section and would effect (!1)
the national river and the values to be protected by it under this
section.


-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1107, Nov. 10, 1978, 92 Stat.
3547.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Power Act (41 Stat. 1063) as amended (16 U.S.C. 791a
et seq.), referred to in text, is act June 10, 1920, ch. 285, 41
Stat. 1063, as amended, which is classified generally to chapter 12
(Sec. 791a et seq.) of this title. For complete classification of
this Act to the Code, see section 791a of this title and Tables.

-FOOTNOTE-
(!1) So in original. Probably should be "affect".


-End-



-CITE-
16 USC Sec. 460m-22 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER

-HEAD-
Sec. 460m-22. General management plan; submission to Congressional
committees

-STATUTE-
Within three years from November 10, 1978, the Secretary shall
develop and transmit to the Senate Committee on Energy and Natural
Resources and the House Committee on Interior and Insular Affairs,
a general management plan for the protection and development of the
national river consistent with the purposes of this subchapter,
indicating -
(1) measures for the preservation of the area's resources;
(2) indications of types and general intensities of development
(including visitor circulation and transportation patterns,
systems and modes) associated with public enjoyment and use of
the area, including general locations, timing of implementation,
and anticipated costs;
(3) identification of and implementation commitments for
visitor carrying capacities for all areas of the unit; and
(4) indications of potential modifications to the external
boundaries of the unit, and the reasons therefor.

-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1109, Nov. 10, 1978, 92 Stat.
3548.)

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

-End-



-CITE-
16 USC Sec. 460m-23 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER

-HEAD-
Sec. 460m-23. Cooperation

-STATUTE-
The Secretary of the Army shall cooperate with the Secretary of
the Interior concerning the water requirements of the national
river. The Secretary of the Army shall provide for release of water
from the Bluestone Lake project consistent with that project's
purposes and activities in sufficient quantity and in such manner
to facilitate protection of biological resources and recreational
use of the national river.

-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1110, Nov. 10, 1978, 92 Stat.
3548.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460m-28 of this title.

-End-



-CITE-
16 USC Sec. 460m-24 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI09A - NEW RIVER GORGE NATIONAL RIVER

-HEAD-
Sec. 460m-24. Class I or class II redesignation for clean air
purposes

-STATUTE-
For the purposes of part C of the Clean Air Act [42 U.S.C. 7470
et seq.], the State may redesignate the national river only as
class I or class II.

-SOURCE-
(Pub. L. 95-625, title XI, Sec. 1111, Nov. 10, 1978, 92 Stat.
3548.)

-REFTEXT-
REFERENCES IN TEXT
The Clean Air Act, referred to in text, is act July 14, 1955, ch.
360, as amended generally by Pub. L. 88-206, Dec. 17, 1963, 77
Stat. 392,and later by Pub. L. 95-95, Aug. 7, 1977, 91 Stat. 685. (continued)