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Volume 79 · 843

Public Law 89–207

To provide for the establishment of the Spruce Knob-Seneca Hocks National Recreation Area, in the State of West Virginia, and for other purposes.

Approved September 28, 1965

Statutory text

AN ACT

To provide for the establishment of the Spruce Knob-Seneca Hocks National Recreation Area, in the State of West Virginia, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That, in order to

Spruce Knob-Seneca Rocks National Recreation Area, W. Va.

Establishment.

provide for the public outdoor recreation use and enjoyment thereof by the people of the United States, the Secretary of Agriculture shall establish the Spruce Knob-Seneca Rocks National Recreation Area in the State of West Virginia.

Sec. 2.

The Secretary of Agriculture (hereinafter called the “Secretary”) shall—

(1)

designate as soon as practicable after this Act takes effect the Spruce Knob-Seneca Rocks National Recreation Area within and adjacent to, and as a part of, the Monongahela National Forest in West Virginia, not to exceed in the aggregate one hundred thousand acres comprised of the area including Spruce Knob, Smoke Hole, and Seneca Rock, and lying primarily in the drainage of the South Branch of the Potomac River, the boundaries of which shall be those shown on the map entitled “Proposed Spruce Knob-Seneca Rocks National Recreation Area”, dated March 1965, which is on file and available for public inspection in the office or the Chief, Forest Service, Department of Agriculture; and

(2)

publish notice of the designation in the Federal Register,

Publication in Federal Register.

together with a map showing the boundaries of the recreation area.

Sec. 3.

(a)

The Secretary shall acquire by purchase with donated

Acquisition of lands, etc.

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 Act. For the purposes of section 6 of the Act of September 3, 1964 (78 Stat. 897, 903),

16 USC 460l–9.

the boundaries of the Monongahela National Forest, as designated by the Secretary pursuant to section 2 of this Act, 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)

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 Act.

(c)

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)

The portion of the moneys paid to the State of West Virginia under the provisions of section 13 of the Act of March 1, 1911, as amended (16 U.S.C. 500), for expenditure for the benefit of Pendleton

36 Stat. 963; 38 Stat. 441.

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.

Sec. 4.

(a)

After the Secretary acquires an acreage within the area

Outdoor recreation facilities development.

designated pursuant to paragraph (1) of section 2 of this Act that is in his opinion efficiently administrable to carry out the purposes of this Act, he shall institute an accelerated program of development of facilities for outdoor recreation. Said facilities shall be so devised to take advantage of the topography and geographical location of the lands in relation to the growing recreation needs of the people of the United States.

(b)

The Secretary may cooperate with all Federal and State authorities and agencies that have programs which will hasten completion of the recreation area and render services which will aid him in evaluating and effectuating the establishment of adequate summer and winter outdoor recreation facilities.

Sec. 5.

The administration, protection, and development of the recreation area shall be by the Secretary of Agriculture in accordance with the laws, rules, and regulations applicable to national forests, in such manner as in his judgment will best provide for (1) public outdoor recreation benefits; (2) conservation of scenic, scientific, historic, and other values contributing to public enjoyment; and (3) such management, utilization, and disposal of natural resources as in his judgment will promote, or is compatible with, and does not significantly impair the purposes for which the recreation area is established.

Sec. 6.

The Secretary shall permit hunting and fishing on lands and waters under his jurisdiction within the Spruce Knob-Seneca Rocks National Recreation Area in accordance with applicable Federal and State laws. The Secretary may designate zones where, and establish periods when, no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment, and shall issue regulations after consultation with the Department, of Natural Resources of the State of West Virginia.

Approved September 28, 1965.

Parsed from the official Statutes at Large USLM XML in 79.xml