§ 460m-16. — Acquisition of property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460m-16]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI-A--NEW RIVER GORGE NATIONAL RIVER
Sec. 460m-16. Acquisition of property
(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.
(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.
