72
STAT.]
PUBLIC LAW 85-646-AUG. 14, 1958
Public Law 85-646 AN ACT To provide for adjustments in the lands or interests therein acquired for the Albeni Falls Reservoir project, Idaho, by the reconveyance of certain lands or interests therein to the former owners thereof.
August 14, 1958 [.R. 13209]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a), in order Re^i^oS-! idrhV.^ to provide for adjustments in the lands or interests in land heretofore Project ad justacquired for the Albeni Falls Reservoir project to conform such "*" ^' acquisition to a lesser estate in lands now being acquired to complete the real estate requirements of the project, the Secretary of the Army is authorized to reconvey any such land or interests in land heretofore acquired to the former owners thereof whenever (1) he shall determine that such land or interest is not required for public purposes, (2) he shall have received a written statement from such agency or person as may be designated by the Governor of the State of Idalio that the reconveyance of such property is in the best interest of the State, and (3) he shall have received an application for recoiiveyance as hereinafter provided. (b) Any such reconveyance of any such land or interest shall be made only after the Secretary (1) has given notice in such manner (including publication) as he shall by regulation prescribe, to the former owner of such land or interest, and (2) 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, within a period of ninety days following the date of issuance of such notice. (c) 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) as the Secretary may determine are in the public interest. (d) 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 to the land made by the United States, and (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. (e) 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 (1) that notice lias been given 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, or (2) that within a reasonable time after receipt of a proper application for reconveyance of such land or interest the parties have been unable to reach'a satisfactory agreement with respect to the reconveyance of such land or interest. (f) 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. SEC. 2. The Secretary of the Army may delegate any authority con- „,°t,® J,^^ °*^ °" °' authority. ferred upon him by this Act to any officer or employee of the Department of the Army. Any such officer or employee shall exercise the
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