To amend the Recreation Act of June 14, 1926, to include other public purposes and to permit nonprofit organizations to purchase or lease public lands for certain purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act Publio lands. approved June 14, 1926 (44 Stat. 741; 43 U. S. C., sec. 869), entitled 68 Stat. 173, "An Act to authorize acquisition or use of public lands by States, 68 Stat. 174. counties, or municipalities for recreational purposes", is hereby amended to read as follows: "SECTION 1. (a) The Secretary of the Interior upon application Disposal for filed by a duly qualified applicant under section 2 of this Act may, in public or the manner prescribed by this Act, dispose of any public lands to a recreational State, Territory, county, municipality, or other State, Territorial, or purposes. Federal instrumentality or political subdivision for any public purposes, or to a nonprofit corporation or nonprofit association for any recreational or any public purpose consistent with its articles of incorporation or other creating authority. Before the land may be disposed of under this Act it must be shown to the satisfaction of the Secretary that the land is to be used for an established or definitely proposed project. The Secretary may classify public lands in Alaska for disposition under this Act. Lands so classified may not be appropriated under any other public land law unless the Secretary revises such classification or authorizes the disposition of an interest in the lands under other applicable law. If, within eighteen months following such classification, no application has been filed for the purpose for which the lands have been so classified, then the Secretary shall restore. such lands to appropriation under the applicable public land laws. "(b) No more than six hundred and forty acres may be conveyed to Limitations. any one grantee in any one calendar year. (c) Where the lands have been withdrawn in aid of a function of a Federal department or agency other than the Department of the Interior, or of a State, Territory, county, municipality, water district, or other local governmental subdivision or agency, the Secretary of the Interior may make disposals under this Act only with the consent of such Federal department or agency, or of such State, Territory, or local governmental unit. Nothing in this Act shall be construed to apply to lands in any national forest, national park, or national monument, or national wildlife refuge, or the revested Oregon and California Railroad grant lands in the State of Oregon, or the reconveyed Coos Bay Wagon Road grant lands in the State of Oregon, or to any Indian lands, or lands set aside or held for the use or benefit of Indians, including lands over which jurisdiction has been transferred to the Department of the Interior by Executive order for the use of Indians. Nor shall any disposition be made under this Act for any use authorized under any other law, except for a use authorized under the Act of June 1, 1938 (52 Stat. 609; 43 U. S. C., sec. 682a), as amended. "SEC. 2. The Secretary of the Interior may after due consideration Sale or lease, as to the power value of the land, whether or not withdrawn therefor, ⚫to. (a) sell such land to the State, Territory, county, or other State, Terri- States, eto. torial, or Federal instrumentality or political subdivision in which the lands are situated, or to a nearby municipal corporation in the same State or Territory, for the purpose for which the land has been classi fied, and conveyances of such land for historic-monument purposes Historio under this subsection shall be made without monetary consideration, monuments. while conveyances for any other purpose under this subsection shall be made at a price to be fixed by the Secretary of the Interior through oration, eto. 68 Stat. 174. 68 Stat. 175, appraisal or otherwise, after taking into consideration the purpose for which the lands are to be used; (b) lease such land to the State, Territory, county, or other State, Territorial, or Federal instrumentality or political subdivision in which the lands are situated, or to a nearby municipal corporation in the same State or Territory, for the purpose for which the land has been classified, at a reasonable annual rental, for a period up to twenty years, and, at the discretion of the Nonprofit corp-Secretary, with a privilege of renewal for a like period, (c) sell such land to a nonprofit corporation or nonprofit association, for the purpose for which the land has been classified, at a price to be fixed by the Secretary of the Interior through appraisal, after taking into consideration the purpose for which the lands are to be used, or (d) lease such land to a nonprofit corporation or nonprofit association at a reasonable annual rental, for a period up to twenty years, and, at the discretion Reservation to of the Secretary, with a privilege of renewal for a like period. Each patent or lease so issued shall contain a reservation to the United States of all mineral deposits in the lands conveyed or leased and of the right to mine and remove the same, under applicable laws and regulations to be established by the Secretary. Each lease shall contain a provision for its termination upon a finding by the Secretary that the land has not been used by the lessee for the purpose specified in the lease for such period, not over five years, as may be specified in the lease, or that such land or any part thereof is being devoted to another use. U. S. Title transfer. Authorization. Repeals. 26 Stat. 502; 54 Stat. 1192. 43 USC 729 and note. "SEC. 3. Title to lands conveyed by the Government under this Act may not be transferred by the grantee or its successor except, with the consent of the Secretary of the Interior, to a transferee which would be a qualified grantee under section 2 (a) or (c) and subject to the acreage limitation contained in section 1 (b) of this Act. A grantee or its successor may not change the use specified in the conveyance to another or additional use except, with the consent of the Secretary, to a use for which such grantee or its successor could obtain a conveyance under this Act. If at any time after the lands are conveyed by the Government, the grantee or its successor attempts to transfer title to or control over these lands to another or the lands are devoted to a use other than that for which the lands were conveyed, without the consent of the Secretary, title to the lands shall revert to the United States. The provisions of this section, however, shall cease to be in effect as to any lands patented under this Act twenty-five years after the issuance of patent for such lands. "SEC. 4. The Secretary may authorize transfers of title or changes in use in accordance with the provisions of section 3 of this Act with respect to any patent heretofore issued under any Act upon application by a patentee qualified to obtain a conveyance under section 2 (a) or (c) of this Act. If the Secretary, pursuant to such an application, authorizes such transfer or use, all reverter provisions and other limitations on transfer or use, under this or any other Act affecting the lands involved, shall cease to be in effect twenty-five years after the Secretary authorizes the transfer or use for a changed or additional purpose under the provisions of this section. "SEC. 5. The Act of September 30, 1890, entitled 'An Act to authorize entry of the public lands by incorporated cities and towns for cemetery and park purposes', and the Act of October 17, 1940, entitled 'An Act to authorize the Secretary of the Interior to sell or lease for park or recreational purposes, and to sell for cemetery purposes, certain public lands in Alaska, are hereby repealed." Approved June 4, 1954. Chapter 310 - 2d Session S. 3090 AN ACT To authorize the transmission and disposition by the Secretary of the Interior of electric energy generated at Falcon Dam on the Rio Grande. Transmission 68 Stat. 255. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the electric Falcon Dam. power and energy generated at Falcon Dam, an international storage and disposition reservoir project constructed on the Rio Grande pursuant to the treaty of electric of February 3, 1944, between the United States and Mexico (Treaty energy. Series 994), which is made available to the United States under the 59 Stat. 1219. provisions of said treaty and under such special agreements as may be concluded between the two Governments pursuant to the provisions of said treaty and not required in the operation of such international project, all as determined by the Commissioner of the United States Section, International Boundary and Water Commission, shall be delivered to the Secretary of the Interior (hereinafter referred to as the Secretary) who shall transmit and dispose of such power and energy in such manner as to encourage the most widespread use thereof 68 Stat. 256. at the lowest possible rates to consumers consistent with sound business principles, the rate schedules to become effective upon confirmation and approval by the Federal Power Commission. Rate schedules shall be drawn having regard to the recovery (upon the basis of the application of such rate schedules to the capacity of the electric facilities of the project) of the cost of producing and transmitting such electric energy, including the amortization of the capital investment allocated to power by the Secretary, in collaboration with the Secretary of State, over a reasonable period of years. Preference in the sale of such power and Preference. energy shall be given to public bodies and cooperatives. The Secretary is authorized, from funds to be appropriated by the Congress, to construct or acquire, by purchase or other agreement, only such transmission lines and related facilities as may be necessary in order to make the power and energy generated at said project available in wholesale quantities for sale on fair and reasonable terms and conditions to facilities owned by the Federal Government, public bodies, cooperatives, and privately owned companies. SEC. 2. All receipts from the sale of electric power and energy disposed of by the Secretary pursuant to this Act shall be covered into the Treasury of the United States to the credit of miscellaneous receipts as shall also moneys received from the Government of Mexico for any energy which might be delivered to that Government by the United States Section of the International Boundary and Water Commission pursuant to any special agreement concluded in accordance with article 19 of the said treaty. Rate schedules. Receipts. 59 Stat. 1251. SEC. 3. The Secretary is authorized to perform any and all acts, Authority of including the acquisition of rights and property, and to enter into such Secretary. agreements as may be appropriate for the purpose of carrying out the provisions of this Act applicable to him; and with respect to construction and supply contracts and the acquisition, exchange, and disposition of lands and other property, and the relocation thereof, the Secre 43 USC 388, 389 tary shall have the same authority which he has under sections 12 and 53 Stat. 1197. 14 of the Reclamation Project Act of 1939. Approved June 18, 1954. Chapter 447 - 2d Session AN ACT To further encourage the distribution of fishery products and for other purposes. Be it enacted by the Senate and House of Representatives of the products. Distribution. "SEC. 2. (a) The Secretary of Agriculture shall transfer to the Transfer of Secretary of the Interior each fiscal year, beginning with the fiscal funds. year commencing July 1, 1954, and ending on June 30, 1957, from moneys made available to carry out the provisions of section 32 of such Act of August 24, 1935, an amount equal to 30 per centum of the gross 49 Stat. 774. receipts from duties collected under the customs laws on fishery prod-7 USC 612c. ucts (including fish, shellfish, mollusks, crustacea, aquatic plants and animals, and any products thereof, including processed and manufactured products), which shall be maintained in a separate fund and used by the Secretary of the Interior (1) to promote the free flow of Use. domestically produced fishery products in commerce by conducting a fishery educational service and fishery technological, biological and related research programs, the moneys so transferred to be also available for the purchase or other acquisition, construction, equipment, operation, and maintenance of vessels or other facilities necessary conducting research as provided for in this section, and (2) to develop 68 Stat. 376. and increase markets for fishery products of domestic origin and (3) 68 Stat. 377. to conduct any biological, technological, or other research pertaining to American fisheries. for "(b) For the purposes of this section, any agency of the United States, or any corporation wholly owned by the United States, is authorized to transfer, without reimbursement or transfer of funds, any vessels or equipment excess to its needs required by the Secretary of the Interior for the activities, studies, and research authorized herein. Transfer of excess vessels, eto. "(c) In carrying out the purposes and objectives of this section, Agency cooper the Secretary of the Interior is directed as far as practicable to co- ation, etc. operate with other appropriate agencies of the Federal Government, with State or local governmental agencies, private agencies, organizations, or individuals, having jurisdiction over or an interest in fish or fishery commodities and he is authorized to appoint an advisory Advisory committee of the American fisheries industry to advise him in the committee. formulation of policy, rules and regulations pertaining to requests for assistance, and other matters. "(d) The Secretary of the Interior is further authorized to retrans- Retransfer fer any of the funds not to exceed $1,500,000 to be made available under of funds. this section to the Secretary of Agriculture to be used for the purposes specified in section 1 of this Act, and only such funds as are thus transferred shall be used for the purposes specified in section 1 of this Act with respect to domestically produced fishery products. "(e) The separate fund created for the use of the Secretary of Availability the Interior under section 2 (a) of this Act and the annual accruals of funds. thereto shall be available until expended, except (1) that not more than $3,000,000 be spent in any fiscal year and (2) that the balance of the fund shall not exceed $5,000,000 at the end of any fiscal year, and the Secretary of the Interior shall retransfer the funds in excess of said $5,000,000 balance to the Secretary of Agriculture to be used for the purposes specified in section 32 of the Act of 1935 (49 Stat. 774; 7 U. S. C. 612c), as amended. |