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Volume 71 · 563

Public Law 85–245

To provide that the United States shall return to the former owners certain mineral interests in lands acquired for the Arkabutla, Sardis, Enid, and Grenada Reservoirs, Mississippi.

Approved August 31, 1957

Statutory text

AN ACT

To provide that the United States shall return to the former owners certain mineral interests in lands acquired for the Arkabutla, Sardis, Enid, and Grenada Reservoirs, Mississippi.

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

That whenever the Secretary of the Army determines that the exploration for or exploitation of any mineral interests underlying any lands within, or acquired for the purpose of, the Arkabutla, Sardis, Enid, and Grenada Reservoirs of the Yazoo Basin headwater project in the State of Mississippi will not be incompatible with the development, maintenance, and operation of the reservoir projects, he shall make such interests available for reconveyance to the former owners thereof or, in the case of any such owner who is deceased, to the legal heirs or devisees, if any.

Sec. 2.

Upon application filed with the Secretary of the Interior within three years after the date of enactment of this Act and upon approval of that application by the Secretary of the Army, whose determination shall be final, the Secretary of the Interior shall, upon payment of the fair market value thereof as determined by him, reconvey the mineral interests made available in accordance with this Act, subject to the limitations contained in section 3 of this Act.

Sec. 3.

Each proposed reconveyance of mineral interests under this

Limitations.

Act shall be subject to the following limitations:

(a)

In the event all of the mineral interests of the United States in and to all of the mineral deposits that are subject to any one lease, permit, license, or contract issued under the Mineral Leasing Act for Acquired Lands, approved August 7, 1947 (61 Stat. 913; 30 U. S. C. 1952 edition, secs. 351–359) as amended, are otherwise eligible for conveyance under section 1 of this Act to a single grantee, or to several grantees as tenants in common, then such conveyance shall contain an assignment of all right, title, and interest of the United States in and to such lease, permit, license, or contract, including the right to all rentals, royalties, and other payments accruing under such lease, permit, license, or contract after the effective date of such conveyance. Except as provided in the preceding sentence, mineral deposits that are subject to any such lease, permit, license, or contract shall not be eligible during its continuance for conveyance under this Act. Nothing contained in this Act shall affect the continued validity of any such lease, permit, license, or contract or any rights arising thereunder.

(b)

Where mineral interests in the same lands were acquired from more than one owner, no conveyance shall be made unless it is established to the satisfaction of the Secretary of the Interior that the proposed conveyance will operate in a manner which will be fair and just to each person from whom any mineral interest in such lands was acquired by the United States, and will not prejudice the proper conservation and development of the mineral deposits affected by the conveyance. For the purposes of this Act former mineral interests, whether or not in the same lands, may be combined or divided in such manner as may be requested by the applicants and approved by the Secretary of the Interior.

(c)

No reconveyance shall be made of mineral interests in any lands if it is determiner by the Secretary of the Interior that such reconveyance would adversely affect facilities required for the protection and management of migratory birds and fishing resources as provided in the Act of August 14, 1946 (60 Stat. 1080), or if the lands are desig-

16 USC 661–666o.

nated by the Secretary of the Army, after consultation with the Secretary of the Interior, as needed for public park or recreation purposes.

(d)

The Secretary of the Army may include such reservations and restrictions as he determines to be necessary for the development, maintenance, and operation of the reservoir projects involved and as may otherwise be in the public interest.

Sec. 4.

All proceeds from the reconveyance of mineral interests under this Act shall be deposited in the Treasury as miscellaneous receipts.

Sec. 5.

There are hereby authorized to be appropriated such sums

Appropriation.

as are necessary to carry out the purpose of this Act.

Approved August 31, 1957.

Parsed from the official Statutes at Large USLM XML in 71.xml