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

Summary

FERC cannot approve building dams, water channels, reservoirs, powerhouses, transmission lines, or similar projects under the Federal Power Act on or directly affecting the New River Gorge National River. No federal agency may lend money, give grants, issue permits, or otherwise help build any water project that would directly and harmfully affect the river’s protected values, as the Secretary decides. Projects above or below the river or on tributaries may be approved or helped only if they do not enter the protected area or reduce the river’s scenic, recreation, or fish and wildlife values that existed on November 10, 1978. Any agency that plans to recommend or ask Congress for money for a project that would cause such harm, whether authorized before or after this rule, must tell the Secretary in writing at least 60 days beforehand and must send Congress a written report when it makes the recommendation or funding request explaining how the project would conflict with the river’s purposes and values.