Title 16, ConservationRelease 119-110

§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 Sep 22, 2026|Official source

Summary

Gives the Secretary the power to get land, water, or rights inside the recreation area when needed. The Secretary can buy with donated or appropriated money, take by gift, trade, condemnation, transfer from other Federal agencies, or use other methods. For applying sections 100506(c) and 200306 of title 54, the Monongahela National Forest boundary the Secretary set under section 460p–1 counts as if it were the forest boundary on January 1, 1965. Land owned by the State of West Virginia or its local governments can be acquired only with the owner’s agreement. The Secretary may accept private land in the area in exchange for federal land in West Virginia that he controls. Federal property inside the recreation area can be moved into the Secretary’s administrative control without payment if the agency that holds it agrees, so it can be used to carry out this subchapter. Money paid to West Virginia under section 500 for Pendleton and Grant Counties may be spent by the State legislature for those counties on public schools, public roads, or other public purposes.

Full Legal Text

Title 16, §460p–2

Conservation, Source: USLM XML via OLRC

(a)Authority of Secretary; manner and place; boundaries of Monongahela National Forest; concurrence of State owner
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)Transfer from Federal agency to administrative jurisdiction of Secretary
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)Exchange of property
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)State expenditures for public schools, public roads, or other public purposes
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

Sep 22, 2026

Release point: 119-110