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LegalText 16 U.S.C. § 410eeee14 Flow management us united_states_code code_section 16 CONSERVATION 1 NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES 410eeee14 16 U.S.C. § 410eeee14 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s410eeee14 data/legal/raw/us/code/title-16/usc16.xml 1c05e3fbfca954bb4b6fe108d17b777e619908d184d574646eebc200bf200a58 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 8be5ee11ff9792bc0d2a40704e97ccc334fdd3cc92be5af2fa8e4065358132f4 2026-07-04 official
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16 U.S.C. § 410eeee14 - Flow management

Text

(a) Findings The Congress finds that adjustments of flows from Bluestone Lake project during periods of low flow are necessary to respond to the congressional mandate contained in section 410eeee9 of this title and that such adjustments could enhance the quality of the recreational experience in the segments of the river below the lake during those periods as well as protect the biological resources of the river.

(b) Report to Congress required The Secretary of the Army, in conjunction with the Secretary of the Interior, shall conduct a study and prepare a report under this section. The report shall be submitted to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the United States House of Representatives not later than December 31, 1989. Before submission of the report to these Committees, a draft of the report shall be made available for public comment. The final report shall include the comments submitted by the Secretary of the Interior and the public, together with the response of the Secretary of the Army to those comments.

(c) Contents of study The study under this section shall examine the feasibility of adjusting the timing of daily releases from Bluestone Lake project during periods when flows from the lake are less than three thousand cubic feet per second. The purpose of such adjustment shall be to improve recreation (including, but not limited to, fishing and whitewater recreation) in the New River Gorge National River.11 See Change of Name note below. Any such adjustments in the timing of flows which are proposed in such report shall be consistent with other project purposes and shall not have significant adverse effects on fishing or on any other form of recreation in Bluestone Lake or in any segment of the river below Bluestone Lake. The study shall assess the effects of such flow adjustments on the quality of recreation on the river in the segments of the river between Hinton and Thurmond and between Thurmond and the downstream boundary of the New River Gorge National River,1 taking into account the levels of recreational visitation in each of such segments.

(d) Test procedures As part of the study under this section, the Secretary of the Army shall conduct test releases from Bluestone Lake project during twenty-four-hour periods during the summer of 1989 when flows are less than three thousand cubic feet per second from the project. All such adjustments shall conform to the criteria specified in subsection (c). The tests shall provide adjustments in the timing of daily flows from Bluestone Lake project which permit flows higher than the twenty-four-hour average to reach downstream recreational segments of the river during morning and afternoon hours. The tests shall develop specific data on the effects of flow adjustments on the speed of the current and on water surface levels in those segments. No test shall be conducted when flows from the lake are less than one thousand seven hundred cubic feet per second and no test shall reduce flows below that level.

(Pub. L. 95625, title XI, § 1115, as added Pub. L. 100534, title I, § 104, Oct. 26, 1988, 102 Stat. 2701.)

Notes

Editorial Notes

Codification Section was formerly classified to section 460m28 of this title.

Statutory Notes and Related Subsidiaries

Change of Name Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress. New River Gorge National River redesignated New River Gorge National Park and Preserve by Pub. L. 116260, div. FF, title II, § 202, Dec. 27, 2020, 134 Stat. 3089, which is classified to section 410eeee of this title.