---
kind: "section"
citation: "16 U.S.C. § 460ww–4"
title: "16"
title_heading: "Conservation"
number: "460ww–4"
heading: "Special conditions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460ww-4"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter CVIII — Gauley River National Recreation Area"
---

# §460ww–4. Special conditions

- (a) **New project construction—** If, after October 26, 1988, any department, agency, instrumentality or [person](/usc/16/450rr–1.md?p=b) commences construction of any dam, water conduit, reservoir, powerhouse, transmission line or other [project](/usc/16/410r–5.md?p=c-4) at or in conjunction with the Summersville [project](/usc/16/410r–5.md?p=c-4), the department, agency, instrumentality or other [person](/usc/16/450rr–1.md?p=b) which constructs or operates such new [project](/usc/16/410r–5.md?p=c-4) shall comply with such terms and conditions as the [Secretary](/usc/16/410r–5.md?p=c-1) deems necessary, in his discretion, to protect the resources of the recreation [area](/usc/16/539m–1.md?p=1-A), including such terms and conditions as the [Secretary](/usc/16/410r–5.md?p=c-1) deems necessary to ensure that such new [project](/usc/16/410r–5.md?p=c-4) will not adversely affect whitewater recreation and other recreation activities during or after [project](/usc/16/410r–5.md?p=c-4) construction.
- (b) **Adverse effects on recreation area—** If any such new [project](/usc/16/410r–5.md?p=c-4) referred to in [subsection (a)](#a) will create a direct, physical, adverse effect on access to the recreation [area](/usc/16/539m–1.md?p=1-A) immediately downstream of the Summersville Dam during or after [project](/usc/16/410r–5.md?p=c-4) construction, including vehicle parking, related facilities, and river access for whitewater recreation and other recreational use of the recreation [area](/usc/16/539m–1.md?p=1-A), the department, agency, instrumentality or [person](/usc/16/450rr–1.md?p=b) constructing such [project](/usc/16/410r–5.md?p=c-4) shall replace and enhance the adversely affected facilities in such manner as may be appropriate to accommodate visitation, as determined by the [Secretary](/usc/16/410r–5.md?p=c-1).
- (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](/usc/16/410r–5.md?p=c-4). Any such new [project](/usc/16/410r–5.md?p=c-4) shall be subject to all provisions of this Act, including [section 460ww–1(d) of this title](/usc/16/460ww–1.md?p=d), except that during the four-year period after October 26, 1988, nothing in this Act shall prohibit the licensing of a [project](/usc/16/410r–5.md?p=c-4) adjacent to Summersville Dam as proposed by the city of Summersville, or by any competing [project](/usc/16/410r–5.md?p=c-4) applicant with a permit or license application on file as of August 8, 1988, if such [project](/usc/16/410r–5.md?p=c-4) complies with this section. If such [project](/usc/16/410r–5.md?p=c-4) is licensed within such four-year period, the [Secretary](/usc/16/410r–5.md?p=c-1) shall modify the boundary [map](/usc/16/430f–7.md?p=1) referred to in [section 460ww of this title](/usc/16/460ww.md) to relocate the upstream boundary of the recreation [area](/usc/16/539m–1.md?p=1-A) 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](/usc/16/410r–5.md?p=c-1) shall maintain within the boundary of the recreation [area](/usc/16/539m–1.md?p=1-A) those lands identified in the boundary [map](/usc/16/430f–7.md?p=1) referred to in [section 460ww of this title](/usc/16/460ww.md) which are not necessary to the operation of such [project](/usc/16/410r–5.md?p=c-4). If [project](/usc/16/410r–5.md?p=c-4) 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.

## Source credit

(Pub. L. 100–534, title II, § 205, Oct. 26, 1988, 102 Stat. 2704; Pub. L. 104–333, div. I, title IV, § 406(c)(1), Nov. 12, 1996, 110 Stat. 4150.)

## Notes

### 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 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.

### 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.”