§460ww–4 — Title 16 Conservation | U.S. Code

Summary

Any government agency, company, or person who starts building a dam, water conduit, reservoir, powerhouse, transmission line, or similar project at or next to the Summersville project after October 26, 1988 must follow rules the Secretary sets to protect the recreation area. The Secretary can require whatever is needed to make sure the new project does not harm whitewater recreation or other recreational uses during or after construction. If the new project will physically reduce access just downstream of Summersville Dam—like harming parking, support facilities, or river access for recreation—the builder must replace and improve those facilities so visitors can still come, as the Secretary decides. Those rules must be put into any license, permit, or exemption for the project. All parts of the Act apply, including section 460ww–1(d). For four years after October 26, 1988, the Secretary may allow a project next to Summersville Dam if it was proposed by the city of Summersville or if a competing applicant had a permit or license application on file by August 8, 1988 and the project follows these rules. If such a project is licensed in that four-year period, the Secretary will shift the upstream boundary so a line perpendicular to the river crosses a point 550 feet downstream of the existing valve house and 1,200 feet upstream (measured along the river bank) of USGS Gauge No. 03189600. Lands not needed to operate the project must stay inside the recreation area. If construction does not start in the license time or the license is given up, the boundary change ends.

Title 16, §460ww–4

Conservation — Source: USLM XML via OLRC

(a)If, after October 26, 1988, any department, agency, instrumentality or person commences construction of any dam, water conduit, reservoir, powerhouse, transmission line or other project at or in conjunction with the Summersville project, the department, agency, instrumentality or other person which constructs or operates such new project shall comply with such terms and conditions as the Secretary deems necessary, in his discretion, to protect the resources of the recreation area, including such terms and conditions as the Secretary deems necessary to ensure that such new project will not adversely affect whitewater recreation and other recreation activities during or after project construction.

(b)If any such new project referred to in subsection (a) will create a direct, physical, adverse effect on access to the recreation area immediately downstream of the Summersville Dam during or after project construction, including vehicle parking, related facilities, and river access for whitewater recreation and other recreational use of the recreation area, the department, agency, instrumentality or person constructing such project shall replace and enhance the adversely affected facilities in such manner as may be appropriate to accommodate visitation, as determined by the Secretary.

(c)The terms and conditions referred to in this section shall be included in any license, permit, or exemption issued for any such new project. Any such new project shall be subject to all provisions of this Act, including section 460ww–1(d) of this title, except that during the four-year period after October 26, 1988, nothing in this Act shall prohibit the licensing of a project adjacent to Summersville Dam as proposed by the city of Summersville, or by any competing project applicant with a permit or license application on file as of August 8, 1988, if such project complies with this section. If such project is licensed within such four-year period, the Secretary shall modify the boundary map referred to in section 460ww of this title to relocate the upstream boundary of the recreation area along a line perpendicular to the river crossing the point five hundred and fifty feet downstream of the existing valve house and one thousand two hundred feet (measured along the river bank) upstream of United States Geological Survey Gauge Numbered 03189600, except in making the modification the Secretary shall maintain within the boundary of the recreation area those lands identified in the boundary map referred to in section 460ww of this title which are not necessary to the operation of such project. If project construction is not commenced within the time required in such license, or if such license is surrendered at any time, such boundary modification shall cease to have any force and effect.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (c), is Pub. L. 100–534, Oct. 26, 1988, 102 Stat. 2699, known as the West Virginia National Interest River Conservation Act of 1987, which enacted this subchapter and sections 410eeee–12 to 410eeee–15 of this title, amended section 410eeee–1 and 1274 of this title, and enacted provisions set out as notes under section 410eeee–1 and 1274 of this title. For complete classification of this Act to the Code, see

Short Title

of 1988 Amendment note set out under section 410eeee–1 of this title and Tables.

Amendments

1996—Subsec. (c). Pub. L. 104–333 inserted at end “If project

Construction

is not commenced within the time required in such license, or if such license is surrendered at any time, such boundary modification shall cease to have any force and effect.”

§460ww–4 Special conditions