Public Law 84–312

in order to provide for adjustments in the lands or interests in land heretofore acquired for the Demopolis Lock and Dam project to conform such acquisition to a lesser estate in lands now being acquired to complete the real estate requirement of the project, the Secretary of the Army is authorized to reconvey any such land or interests in hind heretofore acquired to the former owners of such land whenever (1) he shall determine that such land or interest, is not required for public purposes, and (2) he shall have received an application for reconveyance as hereinafter provided.

The Secretary shall give notice, in such manner (including publication) as he shall by regulation prescribe, to the former owner of such land or interest, and any such sale of any such land or interest shall be made, only after the Secretary has received an application for the reconveyance of such land or interest from such former owner, in such form as he shall by regulation prescribe. Such application shall be made within a period of ninety days following the date of issuance of such notice, but on good cause the Secretary may waive this requirement.

Any reconveyance of land or interest therein made under this Act shall be subject to such exceptions, restrictions, and reservations (including a reservation to the United States of flowage rights) us the Secretary may determine are in the public interest.

Any land or interest therein reconveyed under this Act shall be sold for an amount determined by the Secretary to be equal to the price for which the land was acquired by the United States, adjusted to reflect (1) any increase in the value thereof resulting from improvements made thereon by the United States (the Government shall receive no payment as a result of any enhancement of values resulting from the construction of the Demopolis Lock and Dam project), or (2) any decrease in the value thereof resulting from (A) any reservation, exception, restriction, and condition to which the reconveyance is made subject, and (B) any damage to the land or interest therein caused by the United States. In addition, the cost of any surveys necessary as an incident of such reconveyance shall be borne by the grantee.

The requirements of this section shall not be applicable with respect to the disposition of any land, or interest therein, described in subsection (a) if the Secretary shall certify that notice has been given to the former owner of such land or interest as provided in subsection (b) and that no qualified applicant has made timely application for the reconveyance of such land or interest.

As used in this section, the term “former owner” means the person from whom any land, or interest therein, was acquired by the United States, or if such person is deceased, his spouse, or if such spouse is deceased, his children.