CITE

    16 USC Sec. 460m-16                                         01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
    SUBCHAPTER LXXI-A - NEW RIVER GORGE NATIONAL RIVER

HEAD

    Sec. 460m-16. Acquisition of property

STATUTE

    (a) Authority of Secretary; manner; donation of State lands;
      improved and unimproved properties
      Within the boundaries of the New River Gorge National River, the
    Secretary may acquire lands and waters or interests therein by
    donation, purchase with donated or appropriated funds, transfer, or
    exchange. Lands owned by the State of West Virginia or a political
    subdivision thereof may be acquired by donation only. In addition,
    the Secretary may acquire by any of the foregoing methods not to
    exceed ten acres outside the boundaries of the national river for
    an administrative headquarters site, and funds appropriated for
    land acquisition shall be available for the acquisition of the
    administrative headquarters site. The authority of the Secretary to
    condemn in fee, improved properties as defined in subsection (c) of
    this section shall not be invoked as long as the owner of such
    improved property holds and uses it in a manner compatible with the
    purposes of this subchapter. The Secretary may acquire any such
    improved property without the consent of the owner whenever he
    finds that such property has undergone, since January 1, 1978, or
    is imminently about to undergo, changes in land use which are
    incompatible with the purposes of the national river. The Secretary
    may acquire less than fee interest in any improved or unimproved
    property within the boundaries of the national river.
    (b) Non-federally owned lands; cooperative agreements affecting
      properties of historical significance
      On non-federally owned lands within the national river
    boundaries, the Secretary is authorized to enter into cooperative
    agreements with organizations or individuals to mark or interpret
    properties of significance to the history of the Gorge area.
    (c) "Improved property" defined
      For the purposes of this Act, the term "improved property" means
    (i) a detached single family dwelling, the construction of which
    was begun before January 1, 1977 (hereafter referred to as
    "dwelling"), together with so much of the land on which the
    dwelling is situated, the said land being in the same ownership as
    the dwelling, as the Secretary shall designate to be reasonably
    necessary for the enjoyment of the dwelling for the sole purpose of
    noncommercial residential use, together with any structures
    necessary to the dwelling which are situated on the land so
    designated, or (ii) property developed for agricultural uses,
    together with any structures accessory thereto which were so used
    on or before January 1, 1977, or (iii) commercial and small
    business properties which were so used on or before January 1,
    1977, the purpose of which is determined by the Secretary to
    contribute to visitor use and enjoyment of the national river. In
    determining when and to what extent a property is to be considered
    an "improved property", the Secretary shall take into consideration
    the manner of use of such buildings and lands prior to January 1,
    1977, and shall designate such lands as are reasonably necessary
    for the continued enjoyment of the property in the same manner and
    to the same extent as existed prior to such date.
    (d) Owner's reservation of right of use and occupancy for fixed
      term of years or for life; election by owner; fair market value;
      termination; notification
      The owner of an improved property, as defined in this subchapter,
    on the date of its acquisition, as a condition of such acquisition,
    may retain for himself, his heirs and assigns, a right of use and
    occupancy of the improved property for noncommercial residential,
    or agricultural purposes, or the continuation of existing
    commercial operations, as the case may be, for a definite term of
    not more than twenty-five years, or, in lieu thereof, for a term
    ending at the death of the owner or the death of his spouse,
    whichever is later. The owner shall elect the term to be reserved.
    Unless the property is wholly or partially donated, the Secretary
    shall pay to the owner the fair market value of the property on the
    date of its acquisition, less the fair market value of the property
    on that date of the right retained by the owner. A right retained
    by the owner pursuant to this section shall be subject to
    termination by the Secretary upon his determination that it is
    being exercised in a manner inconsistent with the purposes of this
    subchapter, and it shall terminate by operation of law upon
    notification by the Secretary to the holder of the right of such
    determination and tendering to him the amount equal to the fair
    market value of that portion which remains unexpired.

SOURCE

    (Pub. L. 95-625, title XI, Sec. 1102, Nov. 10, 1978, 92 Stat. 3545;
    Pub. L. 99-500, Sec. 101(h) [title I, Sec. 116(a)], Oct. 18, 1986,
    100 Stat. 1783-242, 1783-266, and Pub. L. 99-591, Sec. 101(h)
    [title I, Sec. 116(a)], Oct. 30, 1986, 100 Stat. 3341-242, 3341-
    266; Pub. L. 99-590, title X, Sec. 1001, Oct. 30, 1986, 100 Stat.
    3339.)

REFERENCES IN TEXT

      This Act, referred to in subsec. (c), is Pub. L. 95-625, Nov. 10,
    1978, 92 Stat. 3467, known as the National Parks and Recreation Act
    of 1978. For complete classification of this Act to the Code, see
    Short Title of 1978 Amendment note set out under section 1 of this
    title and Tables.

CODIFICATION

      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

AMENDMENTS

      1986 - Subsec. (a). Pub. L. 99-500, Pub. L. 99-590, Pub. L. 99-
    591, amended subsec. (a) identically inserting provisions relating
    to acquisition of an administrative headquarters site.