[CHAPTER 543-1ST SESSION]

[H. R. 4208]

AN ACT

To add certain surplus land to Petersburg National Military Park, Virginia, to define the boundaries thereof, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Department of the Army is hereby authorized and directed to transfer to the Department of the Interior, without reimbursement, two tracts of land, comprising two hundred six acres, more or less, situated on either side of Siege Road adjacent to Petersburg National Military Park, Virginia. Upon completion of such transfer, all lands, interest in lands, and other property in Federal ownership and under the administration of the National Park Service as a part of or in conjunction with Petersburg National Military Park, in and about the city of Petersburg, Virginia, and comprising one thousand five hundred thirty-one acres, more or less, upon publication of the description thereof in the Federal Register by the Secretary of the Interior, shall constitute the Petersburg National Military Park.

SEC. 2. The Secretary of the Interior is further authorized to adjust the boundary of the Petersburg National Military Park through purchase, exchange, or transfer: Provided, That in doing so the total area of the park will not be increased and that such changes will become effective upon publication of the description thereof in the Federal Register by the Secretary of the Interior.

Approved September 7, 1949.

(336)

[CHAPTER 619-1ST SESSION]

[H. R. 3420]

AN ACT

To authorize the exchange of wildlife refuge lands within the State of Washington

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized, in his discretion, at any time within ten years from the date of the approval of this Act, to accept from the State of Washington on behalf of the United States title to any lands in the State of Washington which he deems chiefly valuable for wildlife refuge purposes, and which are equivalent in value to the lands of the United States within the Skagit National Wildlife Refuge, and in exchange therefor to convey by deed on behalf of the United States to the State of Washington the said lands of the United States in the Skagit National Wildlife Refuge.

SEC. 2. Any lands acquired by the Secretary of the Interior under the terms of this Act, if located within or adjacent to an existing wildlife refuge or reservation, immediately shall become a part of such refuge or reservation and shall be administered under the laws and regulations applicable thereto, and, if not so located, may be administered as a migratory-waterfowl management area, refuge, reservation, or breeding ground in accordance with the provisions of the Act of August 14, 1946 (60 Stat. 1080), and Acts supplementary thereto.

Approved October 6, 1949.

(337)

[CHAPTER 620-1ST SESSION]

[H. R. 3926]

AN ACT

To rename a game sanctuary in the Harney National Forest as the "Norbeck Wildlife Preserve", and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the approval of this Act, that portion of the Harney National Forest in the Black Hills of South Dakota heretofore known as the Custer State Park Game Sanctuary and adjoining or in the vicinity of the Custer State Park and the Mount Rushmore National Memorial reservation and referred to in the Act of June 5, 1920 (Public Law 258 of the Sixty-sixth Congress, 41 Stat. 986), as amended, and the Act of June 24, 1948 (Public Law 747 of the Eightieth Congress, 62 Stat. 580), shall be known and designated as the Norbeck Wildlife Preserve and that all records, surveys, maps, and public documents of the United States and of the State of South Dakota in which Custer State Park Game Sanctuary is referred to shall be held to refer to the Norbeck Wildlife Preserve.

SEC. 2. That portion of the Mount Rushmore National Memorial reservation which lies in the west half of the west half of section 17; and the southeast quarter of the northeast quarter, and the east half of the southeast quarter of section 18; and the northeast quarter, and the northeast quarter of the southeast quarter of section 19; and the northwest quarter, and the southwest quarter of section 20; and the northwest quarter of the northwest quarter of section 29; and the north one hundred and thirty-five feet of the west one hundred and forty-five feet of the south half of the southeast quarter of the northwest quarter of the southeast quarter of section 7; township 2 south, range 6 east, of the Black Hills meridian, Pennington County, South Dakota, in all approximately five hundred five and twenty-five one-hundredths acres, more or less, embracing Iron Mountain and the so-called Iron Mountain Road and the so-called Grizzly Creek Campground is hereby restored to the Harney National Forest and made a part of the Norbeck Wildlife Preserve.

SEC. 3. The Secretary of Agriculture, in his discretion, is authorized to permit the placing upon Iron Mountain without cost to the Government a suitable plaque to commemorate the notable service to conservation of Peter Norbeck, a former Governor of, and United States Senator from, the State of South Dakota.

Approved October 6, 1949.

[CHAPTER 659-1ST SESSION]

[H. R. 4029]

AN ACT

To authorize the Secretary of the Interior to procure for the Everglades National Park with available funds, including those made available by the State of Florida, the remaining lands and interest in lands within the boundary agreed upon between the State of Florida and the Secretary of the Interior, within and a part of that authorized by the Act of May 30, 1934 (48 Stat. 816), and within which the State has already donated its lands, 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 consolidate the Federal ownership of lands within the boundary set forth in deed numbered 19035 executed December 28, 1944, by the trustees of the Internal Improvement Fund of the State of Florida, and accepted by the Secretary of the Interior on March 14, 1947, for Everglades National Park purposes, the said Secretary is hereby authorized, within the aforesaid boundary and with any funds made available for that purpose, to procure lands or interests therein by purchase or otherwise, subject, however, to the right of retention by owners of lands, interests in lands, interests in oil, gas, and mineral rights, or royalties, their heirs, executors, administrators, successors, or assigns (hereinafter referred to as "owners"), at their election, of the following:

(1) The reservation until October 9, 1958, of all oil, gas, and mineral rights or interests, including the right to lease, explore for, produce, store, and remove oil, gas, and other minerals from such lands: Provided, That if on or before said date, oil, gas, or other minerals are being produced in commercial quantities anywhere within the boundary set forth in aforesaid deed numbered 19035, then in that event the time of the reservation as set forth in this subsection shall automatically extend for all owners, regardless of whether such production is from land in which such owners have an interest, for so long as oil, gas, or other minerals are produced in commercial quantities anywhere within said boundary. To exercise this reservation, the owners, their lessees, agents, employees, and assigns shall have such right of ingress and egress to and from such lands as may be necessary; and

(2) After the termination of the reserved rights of owners as set forth in subsection (1) hereof, a further reservation of the right to customary royalties, applying at the time of production, in any oil, gas, or other minerals which may be produced from such lands at any time before January 1, 1985, should production ever be authorized by the Federal Government or its assigns.

SEC. 2. Unless consented to by an owner retaining the reservation set forth in subsection (1) of section 1 hereof, no action shall be taken by the Federal Government during the period of such reservation

to purchase, acquire, or otherwise terminate or interfere with any lease or leases which may be applicable to said owner's lands.

SEC. 3. Any reservations retained under the provisions of subsection (1) of section 1 hereof shall be exercised by the owners subject to reasonable rules and regulations which the Secretary may prescribe for the protection of the park, but which shall permit the reserved rights to be exercised so that the oil, gas, and minerals may be explored for, developed, extracted, and removed from the park area in accordance with sound conservation practices. All operations shall be carried on under such regulations as the Secretary may prescribe to protect the lands and areas for park purposes.

SEC. 4. In any action caused by the Secretary of the Interior to be commenced for the acquisition of lands under the provisions hereof, reasonable diligence shall be exercised by him to ascertain whether owners elect to retain reservations in accordance with the provisions of this Act. If, after the exercise of such reasonable diligence, owners cannot be located, or do not appear in judicial proceedings to acquire the lands, so that it may be ascertained whether they desire to retain reservations in accordance with the provisions hereof, the Secretary may acquire the fee simple title to their lands free and clear of reservations as set forth in subsections (1) and (2) of section 1 hereof.

Approved October 10, 1949.