16 U.S.C. § 460ww–4: Special conditions

Summary

Any agency or person who starts building a new water project at or connected to the Summersville project after October 26, 1988 must follow conditions the Secretary sets to protect the recreation area. The Secretary will require whatever measures are needed to protect resources and to make sure whitewater and other recreation are not harmed during or after construction. If the new project directly harms downstream access — such as parking, visitor facilities, or river access for whitewater and other uses — the builder must replace and improve those facilities as the Secretary decides so visitors can still use them. Those conditions must appear in any license, permit, or exemption and the project must follow the rest of the Act. For four years after October 26, 1988, a project next to Summersville Dam proposed by the city or by an applicant with a permit or license on file by August 8, 1988 may be licensed if it meets these rules. If licensed in that period, the Secretary will move the upstream boundary to a line crossing a point 550 feet downstream of the valve house and 1,200 feet upstream (along the river bank) of USGS Gauge Number 03189600, while keeping any lands on the map that are not needed for the project inside the recreation area. If construction does not start in the time required by the license, or the license is surrendered, the boundary change stops.

Title 16, §460ww–4

Conservation, Source: USLM XML via OLRC

(a)New project construction

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)Adverse effects on recreation area

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)New project permits

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