Title 16, ConservationRelease 119-73not60

§460p–2 Acquisition of Lands, Etc.

Title 16 › Chapter 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter LXXIV— SPRUCE KNOB-SENECA ROCKS NATIONAL RECREATION AREA › § 460p–2

Last updated Apr 5, 2026|Official source

Summary

The Secretary must buy or otherwise get land, water, or rights inside the recreation area when needed. He can use donated or appropriated money, gifts, exchanges, condemnation, transfers from other federal agencies, or other methods. For the rules in sections 100506(c) and 200306 of title 54, the Monongahela National Forest boundaries set under section 460p–1 are treated as if they were the boundaries on January 1, 1965. Land or water owned by the State of West Virginia or its local governments can only be taken with the owner’s approval. Federal property inside the recreation area may be given to the Secretary without payment if the agency that controls it agrees. The Secretary may trade federal property in West Virginia for non-Federal property inside the area. Money paid to West Virginia under section 500 for Pendleton and Grant Counties may be spent as the state legislature decides for public schools, public roads, or other public purposes.

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460p–2

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60