16 USC 410 - New River Gorge National Park and Preserve Designation

View all text of Subchapter LIX- CCC [§ 410eeee - § 410eeee-17]

§ 410eeee. New River Gorge National Park and Preserve Designation

(a) Short title

This section may be cited as the “New River Gorge National Park and Preserve Designation Act”.

(b) Designation of New River Gorge National Park and New River Gorge National Preserve, West Virginia

(1) RedesignationThe New River Gorge National River established under section 1101 1

1 See References in Text note below.

of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–15) shall be known and designated as the “New River Gorge National Park and Preserve”, consisting of—

(A) the New River Gorge National Park; and

(B) the New River Gorge National Preserve.

(2) New River Gorge National Park

The boundaries of the New River Gorge National Park referred to in paragraph (1)(A) shall be the boundaries depicted as “Proposed National Park Area” on the map entitled “New River Gorge National Park and Preserve Proposed Boundary”, numbered 637/163,199A, and dated September 2020.

(3) New River Gorge National Preserve; boundary

The boundaries of the New River Gorge National Preserve referred to in paragraph (1)(B) shall be the boundaries depicted as “Proposed National Preserve Area” on the map entitled “New River Gorge National Park and Preserve Proposed Boundary”, numbered 637/163,199A, and dated September 2020.

(1) In generalThe New River Gorge National Park and Preserve shall be administered by the Secretary of the Interior (referred to in this section as the “Secretary”) in accordance with—

(A) this section;

(B) the laws generally applicable to units of the National Park System, including—

(i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54; and

(ii) chapter 3201 of title 54; and

(C) title XI of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–15 et seq.),1 except that the provisions of section 1106 1 of that Act (16 U.S.C. 460m–20) relating to hunting shall not apply to the New River Gorge National Park.

(2) Hunting and fishing

(A) HuntingHunting within the New River Gorge National Preserve shall be administered by the Secretary—

(i) in the same manner as hunting was administered on the day before December 27, 2020, in those portions of the New River Gorge National River designated as the New River Gorge National Preserve by subsection (b)(3); and

(ii) in accordance with—(I) section 1106 1 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–20); and(II) other applicable laws.

(B) FishingFishing within the New River Gorge National Park and Preserve shall be administered by the Secretary—

(i) in the same manner as fishing was administered within the New River Gorge National River on the day before December 27, 2020; and

(ii) in accordance with—(I) section 1106 1 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–20); and(II) other applicable laws.

Nothing in this section prohibits hunting, fishing, or trapping on private land in accordance with applicable State and Federal laws.

(3) Land acquisition

(A) Additional land for national preserve

(i) In general

The Secretary may acquire land or any interest in land identified as “Proposed Additional Lands” on the map entitled “New River Gorge National Park and Preserve Proposed Boundary”, numbered 637/163,199A, and dated September 2020, by purchase from a willing seller, donation, or exchange.

(ii) Boundary modificationOn acquisition of any land or interest in land under clause (i), the Secretary shall—(I) modify the boundary of the New River Gorge National Preserve to reflect the acquisition; and(II) administer the land or interest in land in accordance with the laws applicable to the New River Gorge National Preserve.

(B) Visitor parking

(i) In generalThe Secretary may acquire not more than 100 acres of land in the vicinity of the New River Gorge National Park and Preserve by purchase from a willing seller, donation, or exchange to provide for—(I) visitor parking; and(II) improved public access to the New River Gorge National Park and Preserve.

(ii) Administration

On acquisition of the land under clause (i), the acquired land shall be administered as part of the New River Gorge National Park or the New River Gorge National Preserve, as appropriate.

(4) Commercial recreational watercraft services

Commercial recreational watercraft services within the New River Gorge National Park and Preserve shall be administered by the Secretary in accordance with section 402 of the West Virginia National Interest River Conservation Act of 1987 (16 U.S.C. 460m–15 1 note; Public Law 100–534).

(5) References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the New River Gorge National River shall be considered to be a reference to the “New River Gorge National Park” or the “New River Gorge National Preserve”, as appropriate.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

(Pub. L. 116–260, div. FF, title II, § 202, Dec. 27, 2020, 134 Stat. 3089.)