Page:United States Statutes at Large Volume 92 Part 3.djvu/915

 PUBLIC LAW 95-625—NOV. 10, 1978

92 STAT. 3547

(2) the mining operation will disturb the minimum amount of surface necessary to extract the mineral; and (3) the surface is not significantly disturbed, unless there is no technologically feasible alternative. (b) The harvesting of timber on federally owned lands within the national river boundary is prohibited, except insofar as it is necessary for the Secretary to remove trees for river access, historic sites, primitive campgrounds, scenic vistas, or as may be necessary from time to time for reasons of public health and safety. (c) The owner of a mineral estate subject to this section who believes he has suffered a loss by operation of this section, may bring an action only in a United States district court to recover just compensation, which shall be awarded if the court finds that such loss constitutes a taking of property compensable under the Constitution. SEC. 1106. The Secretary may permit hunting and fishing on lands and waters under his jurisdiction within the boundaries of the New River Gorge National River in accordance w4th applicable Federal and State laws, and he may designate zones where, and establish periods when, no h u n t i n g or fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any rules and regulations of the Secretary pursuant to this section shall be p u t into effect only after consultation with the appropriate State agency responsible for h u n t i n g and fishing activities. SEC. 1107. The Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act (41 Stat. 1063) as amended (16 U.S.C. 791a et seq.), on or directly affecting the New River Gorge National River, and no department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary. Nothing contained in the foregoing sentence, however, shall preclude licensing of, or assistance to, developments below or above the New River Gorge National River or on any stream tributary thereto which will not invade the area or diminish the scenic, recreation, and fish and wildlife values present in the area on the date of this section. No department or agency of the United States shall recommend authorization of any water resources project that would have a direct and adverse effect on the values for which such river was established, as determined by the Secretary, or request appropriations to begin construction on any such project whether heretofore or hereafter authorized, without advising the Secretary in writing of its intention to do so at least sixty days in advance, and without specifically reporting to the Congress in writing at the time it makes its recommendation or request in what respect construction of such project would be in conflict with the purposes of this section and would effect the national river and the values to be protected by it under this section. SEC. 1108. Section 5(a) of the Act of October 2, 1968 (82 Stat. 910) is hereby amended to provide for study of three principal tributaries of the New River in West Virginia, by a d d i n g the following new paragraphs: " (73) BLUESTONE, W E S T VI R G I N I A. — From its h e a d w a t e r s to its con-

fluence with the New. " ( 7 4) GAULEY, W E S T VI R G I N I A. — I n c l u d i n g the t r i b u t a r i e s of the

Meadow and the Cranberry, from the headwaters to its confluence w i t h the New.

Timber harvesting.

Recovery.

Hunting and fishing zones, designation.

16 USC

460m-20. Rules and regulations, consultation. New River Gorge National River, project work prohibition.

16 USC

460m-21.

Advisement to Secretary and report to Congress.

New River, W. Va., tributaries study. 16 USC 1276.

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