[CHAPTER 508-2D SESSION]

[H. R. 5289]

AN ACT

To provide for the acceptance and protection by the United States of property within the authorized boundaries of the Everglades National Park project, Florida, pending the establishment of the park, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, (a) for the purpose of protecting the scenery, the wildlife, and other natural features of the region authorized to be established as the Everglades National Park by the Act of May 30, 1934 (48 Stat. 816; 16 U. S. C., secs. 410, 410a-410c), notwithstanding any provision contained in that Act, the Secretary of the Interior is authorized in his discretion to accept on behalf of the United States any land, submerged land, or interests therein, subject to such reservations of oil, gas, or mineral rights as the Secretary may approve, within the area of approximately two thousand square miles recommended by said Secretary in his report to the Congress of December 3, 1930, pursuant to the Act of March 1, 1929 (45 Stat. 1443): Provided, That no general development of the property accepted pursuant to this Act shall be undertaken nor shall the park be established until title satisfactory to the Secretary to a major portion of the lands, to be selected by him, within the aforesaid recommended area shall have been vested in the United States: Provided further, That until the property acquired by the United States pursuant to this Act has been cleared of the aforesaid reservations, the Secretary in his discretion shall furnish such protection thereover as may be necessary for the accomplishment of the purposes of this Act: And provided further, That in the event the park is not established within ten years from the date of the approval of this Act, or upon the abandonment of the park at any time after its establishment, title to any lands accepted pursuant to the provisions of this Act shall thereupon automatically revest in the State of Florida or other grantors of such property to the United States.

(b) Upon the execution of the aforesaid provisions relating to establishment thereof, the Everglades National Park shall be established by order of the Secretary which shall be published in the Federal Register.

Approved December 6, 1944.

(231)

[CHAPTER 555-2D SESSION]

[S. 1645]

AN ACT

Relating to the administration of the Glacier National Park Fish Hatchery, at Creston, Montana, 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 property at Creston, Montana, acquired by the United States for the establishment of a fish hatchery for restocking the waters of Glacier National Park and adininistered as a part of the park pursuant to the Act of July 31, 1939 (53 Stat. 1142), together with the improvements and equipment utilized in connection with the hatchery property, is hereby eliminated from the park.

The functions of the National Park Service with regard to the administration of the aforesaid properties for the benefit of the park are hereby transferred to and shall be exercised by the Fish and Wildlife Service for the same purposes: Provided, however, That such fish propagated at the hatchery as may be in excess of the number necessary to restock and maintain an optimum fish population in the waters of the park at all times may be utilized for the restocking of other waters.

Approved December 13, 1944.

[PUBLIC LAW 527-78TH CONGRESS]

[CHAPTER 634-2D SESSION]
[S. 1819]

AN ACT

To repeal the Acts of August 15, 1935, and January 29, 1940, relating to the establishment of the Patrick Henry National Monument and the acquisition of the estate of Patrick Henry, in Charlotte County, Virginia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to provide for the establishment of a national monument on the site of Red Hill estate of Patrick Henry", approved August 15, 1935, and the Act entitled "An Act to provide for the acquisition by the United States of the estate of Patrick Henry in Charlotte County, Virginia, known as Red Hill", approved January 29, 1940, are hereby repealed.

SEC. 2. The Secretary of the Treasury is authorized and directed to cover into the surplus fund of the Treasury the unexpended balances of all amounts heretofore appropriated for the purposes of such Acts of August 15, 1935, and January 29, 1940.

Approved December 21, 1944.

[CHAPTER 669-2D SESSION]

[H. R. 5453]

AN ACT

Authorizing the conveyance by the Secretary of the Interior to The Chesapeake and Ohio Railway Company, a railroad corporation, of certain perpetual easements near Afton, in Augusta and Nelson Counties, Virginia, being a portion of the Blue Ridge Parkway land of the Shenandoah National Park.

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 be, and he is hereby, authorized to grant and convey to The Chesapeake and Ohio Railway Company, a corporation organized and existing under and by virtue of the laws of the State of Virginia, its successors or assigns, perpetual easements across and under two parcels of land located near Afton, in Augusta and Nelson Counties, Virginia, more particularly described as follows:

Parcel Numbered 1, now owned in fee simple by the United States of America in Nelson County, Virginia:

Beginning at a point twenty-five feet southwesterly and radially from the located center line of a proposed main track and tunnel on the Mountain Subdivision of The Chesapeake and Ohio Railway Company, also being in property line dividing the lands of the United States of America used for Blue Ridge Parkway and the Swannanoa Development Corporation which bears north eighty-seven degrees sixteen minutes east through proposed center line of main track at station 1197+09.72 which is on a three degree fifteen minute curve (the tangent of this curve produced intersects said property line at a point ninety-six and six-tenths feet south thirty-four degrees fortyfour minutes east from the point of tangent of curve and at a point one hundred and seventy-seven and three one-hundredths feet south eighty-seven degrees sixteen minutes west measured along property line from corner numbered 5 and one hundred and twenty-four and eighty one-hundredths feet north eighty-seven degrees sixteen minutes east measured along property line from monument numbered 4); thence north eighty-seven degrees sixteen minutes east on property line and across proposed center line of main track fifty-nine and eight-tenths feet, more or less, to a point twenty-five feet northeasterly and radially from proposed center line of main track; thence southeasterly parallel with and twenty-five feet from proposed center line of main track which is on a three degree fifteen minute curve to the left sixty-eight and five-tenths feet, more or less, to a point in property line dividing the lands of the United States of America used for Blue Ridge Parkway and the Commonwealth of Virginia used for United States Route Numbered 250 which bears south sixtyseven degrees forty-eight minutes west through proposed center line at station 1196+30.97 which is thirty and thirteen one-hundredths feet south sixty-seven degrees forty-eight minutes west from northeast end of course and one hundred and twenty-two and twenty-one

one-hundredths feet north sixty-seven degrees forty-eight minutes east from southwest end of course; thence south sixty-seven degrees forty-eight minutes west on property line and across proposed center line fifty-two and five-tenths feet, more or less, to a point twenty-five feet southwesterly and radially from proposed center line of main track; thence northwesterly parallel with and twenty-five feet from proposed center line of main track which is on a three degree fifteen minute curve to the right eighty-nine and no tenths feet, more or less, to point of beginning; and containing nine one-hundredths acre, inore or less.

Parcel Numbered 2, now owned in fee simple by the United States of America in Augusta County, Virginia:

Beginning at a point twenty-five feet northeasterly at right angles from the located center line of a proposed main track and tunnel on the Mountain Subdivision of The Chesapeake and Ohio Railway Company, also being in property line dividing the lands of the United States of America used for Blue Ridge Parkway and the Commonwealth of Virginia used for United States Route Numbered 250, which bears north three degrees sixteen minutes west through proposed center line of main track at station 1211+23.87; thence south thirty-four degrees forty-four minutes east parallel with and twentyfive feet from proposed center line of main track and tunnel across Skyline Drive six hundred and eighty-five and seventy-six onehundredths feet to a point in property line dividing the lands of the United States of America used for Blue Ridge Parkway and the Swannanoa Development Corporation, which bears south one degree forty-two minutes thirty seconds east through proposed center line of main track at station 1204+40.5 which is one hundred and eightyseven and twenty one-hundredths feet south one degree forty-two minutes thirty seconds east measured along property line from iron pin corner numbered 20 and seventy-one and forty one-hundredths feet north one degree forty-two minutes thirty seconds west measured along property line from corner numbered 1; thence south one degree forty-two minutes thirty seconds east on property line and across center line ninety-one and seventy-four one-hundredths feet to a point twenty-five feet southwesterly at right angles from proposed center line of main track; thence north thirty-four degrees forty-four minutes west parallel with and twenty-five feet from proposed center line of main track and tunnel six hundred and eighty and ninety-eight one-hundredths feet to a point in first above-described property line; thence north three degrees sixteen minutes west on property line ninety-five and seventy-eight one-hundredths feet to point of beginning; and containing seventy-eight one hundredths acre, more or less. The said easements are to be used for location of a railroad tunnel under the said Blue Ridge Parkway property near Afton, Virginia, and shall be conveyed subject to such terms and conditions as the Secretary of the Interior may deem advisable.

No part of the said easements shall be used for any other than railroad purposes, and in the event of any breach of this restriction, or in the event any part of said easements ceases to be used for railroad purposes, the entire interest herein authorized to be granted shall forthwith revert to the United States of America.

The United States of America shall have the right to use the said property in any way or manner not inconsistent with or conflicting with the use of the easements for railroad purposes as authorized herein to be granted to said The Chesapeake and Ohio Railway Company.

The Secretary of the Interior shall cause an appraisal to be made of the value of the said easements, including the resulting damage, if any, to the residue of the land, which said appraisal, after approval by the Secretary of the Interior, shall be paid in cash by The Chesapeake and Ohio Railway Company as the consideration for the conveyance of said easements to it by the United States of America. Approved December 22, 1944.