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16 U.S.C. § 460p–2Acquisition of lands, etc.

submitted 61 years ago by Pub. L. 89-207 to r/title-16-CONSERVATION · 316 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may buy, exchange, or accept land for the recreation area by several methods. West Virginia's own land needs the state's consent to acquire. Money paid to the state for two counties may fund schools, roads, or other public purposes.

(a) Authority of Secretary; manner and place; concurrence of State owner. The Secretary must acquire — by purchase using donated or appropriated funds, by gift, exchange, condemnation, transfer from a federal agency, or otherwise — land, water, or interests he decides are needed or wanted for this subchapter's purposes, within the recreation area's boundaries. For purposes of two specific sections of title 54, the Monongahela National Forest's boundaries, as the Secretary designates them under section 460p–1, are treated as if they were the forest's boundaries on January 1, 1965. Land owned by West Virginia or any of its political subdivisions can only be acquired with that owner's consent. (b) Transfer from Federal agency to administrative jurisdiction of Secretary. Despite any other law, any federal property within the recreation area's boundaries may — with the agreement of the agency that currently holds it — be transferred at no cost to the Secretary's jurisdiction, to help carry out this subchapter's purposes. (c) Exchange of property. When exchanging land, the Secretary may take title to non-federal property within the recreation area and, in return, give the seller federal property in West Virginia under his jurisdiction. (d) State expenditures for public schools, public roads, or other public purposes. The portion of money paid to West Virginia under section 500 of this title, meant to benefit Pendleton and Grant Counties, may be spent as the state legislature decides, for public schools, public roads, or other public purposes benefiting those counties.
the actual law source: uscode.house.gov ↗public domain
(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 sections 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.

Source credit: (Pub. L. 89–207, § 3, Sept. 28, 1965, 79 Stat. 843.)

history & why it existsrecord from the source credit
  • 1965Enacted · Pub. L. 89-207 · 79 Stat. 843

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-207 on 1965-09-28.

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