§460p–2 — Title 16 Conservation | U.S. Code

Summary

The Secretary must acquire lands, waters, or rights inside the recreation area by buying them with donated or appropriated money, taking gifts, doing exchanges, using condemnation, getting transfers from federal agencies, or other lawful ways when needed. For purposes of sections 100506(c) and 200306 of title 54, the Monongahela National Forest boundaries are treated as they were on January 1, 1965. Land or water owned by the State of West Virginia or its local governments can be acquired only with that owner’s agreement. Federal property inside the area may be moved to the Secretary’s control at no cost if the agency now in charge agrees. The Secretary may accept private land in exchange and give out federally owned land in West Virginia in return. The portion of money paid to West Virginia under section 500 for Pendleton and Grant Counties may be spent as the State legislature decides for those counties for public schools, public roads, or other public uses.

Title 16, §460p–2

Conservation — Source: USLM XML via OLRC

(a)The Secretary shall acquire by purchase with donated or appropriated funds, by gift, exchange, condemnation, transfer from any Federal agency, or otherwise, such lands, waters, or interests therein within the boundaries of the recreation area as he determines to be needed or desirable for the purposes of this subchapter. For the purposes of section 100506(c) and 200306 of title 54, the boundaries of the Monongahela National Forest, as designated by the Secretary pursuant to section 460p–1 of this title, shall be treated as if they were the boundaries of that forest on January 1, 1965. Lands, waters, or interests therein owned by the State of West Virginia or any political subdivision of that State may be acquired only with the concurrence of such owner.

(b)Notwithstanding any other provision of law, any Federal property located within the boundaries of the recreation area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in implementing the purposes of this subchapter.

(c)In exercising his authority to acquire lands by exchange the Secretary may accept title to non-Federal property within the recreation area and convey to the grantor of such property any federally owned property in the State of West Virginia under his jurisdiction.

(d)The portion of the moneys paid to the State of West Virginia under the provisions of section 500 of this title for expenditure for the benefit of Pendleton and Grant Counties, West Virginia, may be expended as the State legislature may prescribe for the benefit of such counties for public schools, public roads, or other public purposes.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a), “section 100506(c) and 200306 of title 54” substituted for “section 6 of the Act of

September 3, 1964 (78 Stat. 897, 903)” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs. section 6 of act Sept. 3, 1964, Pub. L. 88–578, had been renumbered section 7 by Pub. L. 92–347, § 2,

July 11, 1972, 86 Stat. 459.

§460p–2 Acquisition of lands, etc.

Summary

Title 16, §460p–2

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata