Page:United States Statutes at Large Volume 85.djvu/831

 85 STAT. ]

PUBLIC LAW 92-222-DEC. 23, 1971

801

(c) Any reconveyance of land therein made under this section shall be subject to such exceptions, restrictions, and reservations (including a reservation to the United States of fiowage rights) as the Secretary may determine are in the public interest, except that no mineral rights may be reserved in said lands unless the Secretary finds that such reservation is needed for the efficient operation of the reservoir project designated in this section. (d) Any land reconveyed under this section 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 made thereon by the United States (the Government shall receive no payment as a result of any enhancement of values resulting from the construction of the reservoir project specified in subsection (a) of this section), or (2) any decrease in the value thereof resulting from (A) any reservation, exception, restrictions, and condition to which the reconveyance is made subject, and (B) any damage to the land caused by the United States. I n addition, the cost of any surveys or boundary markings 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 that notice has been given to 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. (f) As used in this section the term "former owner" means the per- "Former son from whom any land, or interests therein, was acquired by the ''^"^'••" United States, or if such person is deceased, his spouse, or if such spouse is deceased, his children or the heirs at law; and the term "pres- "Present record ent record owner of land" shall mean the person or persons in whose °'"'^" °^ ^^"'^^ name such land shall, on the date of approval of this Act, be recorded on the deed records of the respective county in which such land is located. (g) The Secretary of the Army may delegate any authority conferred upon him by this section to any officer or employee of the Department of the Army. Any such officer or employee shall exercise the authority so delegated under rules and regulations approved by the Secretary. . (h) Any proceeds from reconveyances made under this Act shall be covered into the Treasury of the United States as miscellaneous receipts. (i) This section shall terminate three years after the date of its Termination enactment. '^^*^* SEC. 12. The project for Whiteoak Dam and Reservoir on Whiteoak whiteoak Dam Creek, Ohio, Ohio River Basin, for flood protection and other pur- owofproject" poses, is hereby authorized substantially in accordance with the rec- modification. ommendations of the Secretary of the Army in his report on the Development of "Water Resources in Appalachia, dated April 1971, at an estimated cost of $40,031,000, except that no funds shall be appropriated to carry out this section until the project is approved by the Appalachian Regional Commission and the President. SEC. 13. (a) The Lower Monumental Lock and Dam Project, Snake ^i;°rrLoc°k and River, Washington, authorized by the River and Harbor Act approved Dam Project, March 2, 1945 (59 Stat. 10), is hereby modified to provide that the wash,, modincaUnited States shall perform, or pay the cost of performance of, such measures as the Secretary of the Armi^ determines are or may have been necessary to protect any railway bridge or structure from damage caused by the project.

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