Page:United States Statutes at Large Volume 88 Part 2.djvu/453

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[88 STAT. 1769]
PUBLIC LAW 93-000—MMMM. DD, 1975
[88 STAT. 1769]

88 STAT. ]

PUBLIC LAW 93-552-DEC. 27, 1974

(b) The conveyance required to be made pursuant to subsection (a) shall be made without monetary compensation but shall be in consideration of, and subject to, the following terms and conditions: (1) The conveyed property shall be used primarily for the training of the Louisiana National Guard and for other military purposes of the Louisiana National Guard. (2) Any revenue derived by the State from any other uses of the property shall be used for the maintenance and improvement of the property or be shared with the United States as prescribed by the Secretary. The State shall maintain such records and furnish such reports with respect to such revenue as are prescribed by the Secretary. (3) The State shall protect the timber, water resources, gravel, sand, soil, mineral deposits, and other natural resources of the conveyed property in accordance with sound conservation practices and to the satisfaction of the Secretary. (4) In time of war or national emergency declared by the Congress, or national emergency hereafter proclaimed by the President, and upon a determination by the Secretary of Defense that the conveyed property, or any part thereof, is useful or necessary for national defense and security, the Secretary, on behalf of the United States, shall have the right to enter upon and use such property, or any part thereof (including any and all improvements made thereon by the State), for a period not to exceed the duration of such war or emergency plus six months. Upon termination of such use, the property shall revert to the State, together with all improvements placed thereon by the United States, and be subject to the terms, conditions, and limitations on its use and disposition which apply without regard to this paragraph. The use of the property by the United States pursuant to this paragraph shall be without obligation or payment on the part of the United States, except that the United States, if required by the State, shall pay the fair market rental value for the use of any improvements on the property which are constructed with State funds and, upon completion of such use, will restore any such improvements to the same condition as that existing at the time of initial occupancy by the United States under this paragraph. At the option of the Secretary, cash payment may be made by the United States in lieu of such restoration; except that the value of any improvements erected by the United States during its occupancy and left on the property shall be offset against the obligation of the United States to restore improvements constructed with State funds. (5) There shall be reserved from the conveyance such easements and right-of-way for roads, water flowage, soil disposal, waterlines, sewerlines, communications wires, powerlines, and other purposes, as the Secretary considers necessary or convenient for the operations, activities, and functions of the United States. (6) All mineral rights with respect to the conveyed property, including gas and oil, shall be reserved to the United States, together with the right to permit such reasonable exploration and mining operations as will not interfere with the primary use of the property. (7) Such other terms and conditions as the Secretary may deem necessary to protect the interests of the United States. (c) Upon a finding by the Secretary that the State is violating or failing to comply with any term or condition imposed by paragraph (1), (2), or (3) of subsection (b) of this section, the Secretary is authorized immediately to reenter and take possession of the property described in subsection (a), whereupon title to such property shall revert to the United States and control thereover may be asserted by the Secretary without any further act or legal proceeding whatsoever.

1769 Conditions.