§410eeee–7 Project Work Prohibition; Advisement to Secretary; Report to Congress

Summary

The Federal Energy Regulatory Commission must not approve building dams, water conduits, reservoirs, powerhouses, transmission lines, or similar projects under the Federal Power Act on or directly affecting the New River Gorge National River. No U.S. department or agency may fund or help build any water project that would directly and harmfully affect the river’s protected values, as decided by the Secretary. Projects above or below the river, or on its tributaries, can be approved or helped only if they do not enter the protected area or reduce the scenic, recreation, and fish and wildlife values that existed on November 10, 1978. If an agency plans to recommend or seek money for a project that would harm those river values, it must notify the Secretary in writing at least 60 days before doing so. The agency also must send Congress a written report at the time it makes the recommendation or funding request explaining how the project would conflict with the river’s purposes and harm the values to be protected.