Page:United States Statutes at Large Volume 92 Part 3.djvu/913

 PUBLIC LAW 95-625—NOV. 10, 1978

92 STAT. 3545

U.S.C. 1 et seq.), as amended and supplemented; except that any other statutory authority available to the Secretary for the preservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this title. The Boundary boundaries of the national river shall be as generally depicted on the description, drawing entitled "Proposed New River Gorge National River" num- availability for bered NERI-20,002, dated July 1978, which shall be on file and avail- public inspection. able for public inspection in the offices of the National Park Service, Department of the Interior. SEC. 1102. (a) Within the boundaries of the New River Gorge Acquisition of National River, the Secretary may acquire lands and waters or inter- lands, waters, or ests therein by donation, purchase with donated or appropriated funds, interests. 16 USC transfer, or exchange. Lands owned by the State of West Virginia or 460m-16. a political subdivision thereof may be acquired by donation only. The authority of the Secretary to condemn in fee, improved properties as defined m 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 title. 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) On non-federally owned lands within the national river bound- Non-federally aries, the Secretary is authorized to enter into cooperative agreements owned lands. with organizations or individuals to mark or interpret properties of significance to the history of the Gorge area. (c) For the purposes of this Act, the term "improved property" "Improved means (i) a detached single family dwelling, the construction of which property." 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) The owner of an improved property, as defined in this title, on Right of use and the date of its acquisition, as a condition of such acquisition, may occupancy, term. 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

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