---
kind: "section"
citation: "16 U.S.C. § 460ww–1"
title: "16"
title_heading: "Conservation"
number: "460ww–1"
heading: "Administration"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460ww-1"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter CVIII — Gauley River National Recreation Area"
---

# §460ww–1. Administration

- (a) **In general—** The recreation [area](/usc/16/539m–1.md?p=1-A) shall be administered by the [Secretary](/usc/16/410r–5.md?p=c-1) in accordance with this Act and with the provisions of law generally applicable to [units](/usc/16/430f–7.md?p=4) of the National [Park](/usc/16/410r–5.md?p=c-3) System, including the Act entitled “An Act to establish a National [Park](/usc/16/410r–5.md?p=c-3) Service, and for other purposes”, approved August 25, 1916 ([16 U.S.C. 1–4](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s1–4))).[^1]
- (b) **Hunting and fishing; fish stocking—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall permit hunting, trapping and fishing on lands and waters within the recreation [area](/usc/16/539m–1.md?p=1-A) in accordance with applicable Federal and [State](/usc/16/590q.md?p=a) laws. The [Secretary](/usc/16/410r–5.md?p=c-1) may, after consultation with the [State](/usc/16/590q.md?p=a) of West Virginia Department of Natural Resources, designate zones where, and establish periods when, such activities will not be permitted for reasons of public safety, administration, [fish and wildlife](/usc/16/3102.md?p=17) habitat or public use and enjoyment subject to such terms and conditions as he deems necessary in the furtherance of this Act. The [Secretary](/usc/16/410r–5.md?p=c-1) shall permit the [State](/usc/16/590q.md?p=a) of West Virginia to undertake or continue fish stocking activities carried out by the [State](/usc/16/590q.md?p=a) in consultation with the [Secretary](/usc/16/410r–5.md?p=c-1) on waters within the boundaries of the recreation [area](/usc/16/539m–1.md?p=1-A). Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the [State](/usc/16/590q.md?p=a) of West Virginia with respect to [fish and wildlife](/usc/16/3102.md?p=17)[^2]
- (c) **Cooperative agreements with State—** In administering the recreation [area](/usc/16/539m–1.md?p=1-A) the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to enter into cooperative agreements with the [State](/usc/16/590q.md?p=a) of West Virginia, or any political [subdivision](/usc/16/539m–1.md?p=15) thereof, for the rendering, on a reimbursable basis, of rescue, firefighting, and law enforcement services and cooperative assistance by nearby law enforcement and fire preventive agencies.
- (d) **Application of other provisions—** The provisions of [section 1278(a) of this title](/usc/16/1278.md?p=a),[^3] shall apply to the recreation [area](/usc/16/539m–1.md?p=1-A) in the same manner and to the same extent as such provisions apply to river segments referred to in such provisions.
- (e) **Recreational access—**
  - (1) **Existing public roads—** The [Secretary](/usc/16/410r–5.md?p=c-1) may enter into a cooperative agreement with the [State](/usc/16/590q.md?p=a) of West Virginia under which the [Secretary](/usc/16/410r–5.md?p=c-1) shall be authorized to maintain and improve existing public roads and public rights-of-way within the boundaries of the national recreation [area](/usc/16/539m–1.md?p=1-A) to the extent necessary to facilitate and improve reasonable access to the recreation [area](/usc/16/539m–1.md?p=1-A) at existing access points where such actions would not unreasonably diminish the scenic and natural values of the [area](/usc/16/539m–1.md?p=1-A).
  - (2) **Facilities adjacent to dam—** In order to accommodate visitation to the recreation [area](/usc/16/539m–1.md?p=1-A), the [Secretary](/usc/16/410r–5.md?p=c-1) shall construct such facilities as necessary to enhance and improve access, vehicle parking and related facilities, and provide river access for whitewater recreation and for other recreational activities, immediately downstream of the Summersville Dam, to the extent that such facilities are not provided pursuant to [section 460ww–4 of this title](/usc/16/460ww–4.md) and such facilities are within the boundaries of the recreation [area](/usc/16/539m–1.md?p=1-A). Such construction shall be subject to the memorandum of understanding referred to in [subsection (f)](#f).
  - (3) **Other locations—** In [addition](/usc/16/410r–5.md?p=c-2), in order to provide reasonable public access and vehicle parking for public use and enjoyment of the recreation [area](/usc/16/539m–1.md?p=1-A), consistent with the preservation and enhancement of the natural and scenic values of the recreation [area](/usc/16/539m–1.md?p=1-A), the [Secretary](/usc/16/410r–5.md?p=c-1) may, with the consent of the [owner](/usc/16/429b–3.md?p=4) thereof, [acquire](/usc/16/620e.md?p=1) such lands and interests in lands to construct such parking and related facilities at other appropriate locations outside the boundaries of, but within one mile of the recreation [area](/usc/16/539m–1.md?p=1-A) as may be necessary and appropriate. Any such lands shall be managed in accordance with the management provisions for the recreation [area](/usc/16/539m–1.md?p=1-A) as defined in [subsection (a)](#a).
  - (4) **Access to river—**
    - (A) In order to facilitate public safety, use, and enjoyment of the recreation [area](/usc/16/539m–1.md?p=1-A), and to protect, to the maximum extent feasible, the scenic and natural resources of the [area](/usc/16/539m–1.md?p=1-A), the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized and directed to [acquire](/usc/16/620e.md?p=1) such lands or interests in lands and to [take](/usc/16/3102.md?p=18) such actions as are necessary to provide access by noncommercial entities on the north side of the Gauley River at the [area](/usc/16/539m–1.md?p=1-A) known as Woods Ferry utilizing existing roads and rights-of-way. Such actions by the [Secretary](/usc/16/410r–5.md?p=c-1) shall include the construction of parking and related facilities in the vicinity of Woods Ferry for noncommercial use on lands acquired pursuant to [paragraph (3)](#e-3) or on lands acquired with the consent of the [owner](/usc/16/429b–3.md?p=4) thereof within the boundaries of the recreation [area](/usc/16/539m–1.md?p=1-A).
    - (B) If necessary, in the discretion of the [Secretary](/usc/16/410r–5.md?p=c-1), in order to minimize environmental impacts, including visual impacts, within portions of the recreation [area](/usc/16/539m–1.md?p=1-A) immediately adjacent to the river, the [Secretary](/usc/16/410r–5.md?p=c-1) may, by contract or otherwise, provide transportation services for noncommercial visitors, at reasonable cost, between such parking facilities and the river.
    - (C) Nothing in [subparagraph (A)](#e-4-A) shall affect the rights of any [person](/usc/16/450rr–1.md?p=b) to continue to utilize, pursuant to a lease in effect on April 1, 1993, any right of way acquired pursuant to such lease which authorizes such [person](/usc/16/450rr–1.md?p=b) to use an existing road referred to in [subparagraph (A)](#e-4-A). Except as provided under [paragraph (2)](#e-2) relating to access immediately downstream of the Summersville [project](/usc/16/410r–5.md?p=c-4), until there is compliance with this paragraph the [Secretary](/usc/16/410r–5.md?p=c-1) is prohibited from acquiring or developing any other river access points within the recreation [area](/usc/16/539m–1.md?p=1-A).
- (f) **Properties and facilities of Federal agencies—** After consultation with any other Federal agency managing lands and waters within or contiguous to the recreation [area](/usc/16/539m–1.md?p=1-A), the [Secretary](/usc/16/410r–5.md?p=c-1) shall enter into a memorandum of understanding with such other Federal agency to identify those [areas](/usc/16/539m–1.md?p=1-A) within the recreation [area](/usc/16/539m–1.md?p=1-A) which are (1) under the administrative jurisdiction of such other agency; (2) directly related to the operation of the Summersville [project](/usc/16/410r–5.md?p=c-4); and (3) essential to the operation of such [project](/usc/16/410r–5.md?p=c-4). The memorandum of understanding shall also include provisions regarding the management of all such lands and waters in a manner consistent with the operation of such [project](/usc/16/410r–5.md?p=c-4) and the management of the recreation [area](/usc/16/539m–1.md?p=1-A).

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. Probably should be followed by a period.
[^3]: So in original. The comma probably should not appear.

## Source credit

(Pub. L. 100–534, title II, § 202, Oct. 26, 1988, 102 Stat. 2702; Pub. L. 104–333, div. I, title IV, § 406(c)(2), Nov. 12, 1996, 110 Stat. 4150.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsecs. (a) and (b), 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 sections 410eeee–1 and 1274 of this title, and enacted provisions set out as notes under sections 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.

The Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (16 U.S.C. 1–4), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

### Amendments

1996—Subsec. (e)(4). Pub. L. 104–333 added par. (4).