S. 4 (87th): An Act to provide for the establishment of the Padre Island National Seashore
650 PUBLIC LAW 87-711-SEPT. 27, 1962 [76 STAT. Public Law 87-711 :' September 27, 1962 AN ACT [S. 3 154] To amend Public Law 86-184, an Act to provide for the striking of medals in commemoration of the one hundredth anniversary of the admission of West Virginia into the Union as a State. Be it enacted hy the Senate and Ho\ise *of Representatives of the West Virginia. United States of America in Congress assembled^ That Public Law Centennial 86-184 is hereby amended by striking out, in section 1, line 7, the words medals. 73 Stat. 417. "not more than two hundred thousand silver medals" and inserting in lieu thereof "not more than twenty platinum medals, twenty thousand silver medals, and seven hundred and fifty thousand bronze medals." SEC. 2. Public Law 86-184 is further amended by striking out, in section 2 ( b ) , line 2, the words "in silver". 'ilSM- Approved September 27, 1962. Public Law 87-712 September 28, 1962 AN ACT [S. 4] To provide for the establishment of the Padre Island National Seashore. Be it enxicted hy the Senate and House of Representatives of the Padre Island United States of America in Congress assembled^ That in order to National Sea - shore, T e x . save and preserve, for purposes of public recreation, benefit, and in- Establishment. spiration, a portion of the diminishing seashore of the United States that remains undeveloped, the Secretary of the Interior shall take appropriate action in the public interest toward the establishment of the following described lands and waters as the Padre Island National Seashore: Beginning at a point one statute mile northerly of North Bird Island on the easterly line of the Intra coastal Waterway; thence due east to a point on Padre Island one statute mile west of the mean high water line of the Gulf of Mexico; thence southwesterly paralleling the said mean high water line of the Gulf of Mexico a distance of about three and five-tenths statute miles; thence due east to the two- fathom line on the east side of Padre Island as depicted on United States Coast and Geodetic Survey chart numbered 1286; thence along the said two-fathom line on the east side of Padre Island as depicted on United States Coast and Geodetic Survey charts numbered 1286, 1287, and 1288 to the Willacy-Cameron County line extended; thence westerly along said county line to a point 1,500 feet west of the mean high water line of the Gulf of Mexico as that line was determined by the survey of J. S. Boyles and is depicted on sections 9 and 10 of the map entitled "Survey of Padre Island made for the office of the At- torney General of the State of Texas", dated August 7 to 11,1941, and August 11,13, and 14, 1941, respectively; thence northerly along a line parallel to said survey line of J . S. Boyles and distant therefrom 1,500 feet west to a point on the centerline of the Port Mansfield Channel; thence westerly along said centerline to a point three statute miles west of the said two-fathom line; thence northerly parallel with said two-fathom line to 27 degrees 20 minutes north latitude; thence west- erly along said latitude to the easterly line of the Intracoastal Water- way ; thence northerly following the easterly line of the Intracoastal Waterway as indicated by channel markers in the Laguna Madre to the point of beginning. Acquisition of SEC. 2. (a) The Secretary of the Interior (hereinafter referred to as land, etc. the "Secretary") is authorized to acquire by donation, purchase with
76 STAT. ] PUBLIC LAW 87-712-SEPT. 28, 1%2 651 donated or appropriated funds, condemnation, transfer from any Federal agency, exchange, or otherwise, the land, waters, and other property, and improvements thereon and any interest therein, within the areas described in the first section of this Act or which lie within the boundaries of the seashore as established under section 3 of this Act (hereinafter referred to as "such area"). Any property, or interest therein, owned by the State of Texas or political subdivision thereof may be acquired only with the concurrence of such owner. Notwithstanding any other provision of law, any Federal property located within such area may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the Secretary for use by him in carry- ing out the provisions of this Act. (b) The Secretary is authorized to pay for any acquisitions which he makes by purchase under this Act their fair market value, as deter- mined by the Secretary, who may in his discretion base his determi- nation on an independent appraisal obtained by him. (c) I n exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property located within such area and convey to the grantor of such property any federally owned property under the jurisdiction of the Secretary within such area. The properties so exchanged shall be approximately equal in fair market value: Provided^ That the Secretary may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged. SEC. 3. (a) As soon as practicable after the date of enactment of Notice. this Act and following the acquisition by the Secretary of an acreage in the area described in section 1 of this Act, that is in the opinion of the Secretary efficiently administrable to carry out the purposes of this Act, the Secretary shall establish the area as a national seashore by the publication of notice thereof in the Federal Register. Publication in (b) Such notice referred to in subsection (a) of this section shall ^* ^' contain a detailed description of the boundaries of the seashore which shall encompass an area as nearly as practicable identical to the area described in section 1 of this Act. The Secretary shall forthwith after the date of publication of such notice in the Federal Register (1) send a copy of such notice, together with a map showing such boundaries, Circul ation. by registered or certified mail to the Governor of the State and to the governing body of each of the political subdivisions involved; (2) cause a copy of such notice and map to be published in one or more newspapers which circulate in each of the localities; and (3) cause a certified copy of such notice, a copy of such map, and a copy of this Act to be recorded at the registry of deeds for the county involved. SEC. 4. (a) When acquiring land, waters, or interests therein, the Mineral reser- Secretary shall permit a reservation by the grantor of all or any part vation. of the oil and gas minerals in such land or waters and of other minerals therein which can be removed by similar means, with the right of oc- cupation and use of so much of the surface of the land or waters as may be required for all purposes reasonably incident to the mining or removal of such from beneath the surface of these lands and waters and the lands and waters adjacent thereto, under such regulations as may be prescribed by the Secretary with respect to such mining or removal. (b) Any acquisition hereunder shall exclude and shall not diminish any right of occupation or use of the surface under grants, leases, or easements existing on April 11, 1961, w^hich are reasonably necessary for the exploration, development, production, storing, processing, or transporting of oil and gas minerals that are removed from outside the boundaries of the national seashore and the Secretary may grant
652 PUBLIC LAW 8T.713-SEPT. 28, 1%2 [76 STAT. additional rights of occupation or use of the surface for the purposes aforesaid upon the terms and under such regulations as may be prescribed by him. Admini stration. SEC. 5. Except as otherwise provided in this Act, the property ac- quired by the Secretary under this Act shall be administered by the Secretary, sub,ject to the provisions of the Act entitled "An Act to establish a National Park Sei'vice and for other purposes", approved 16 use 1. August 25,1916 (39 Stat. 535), as amended and supplemented, and in accordance with other laws of general application relating to the areas administered and supervised by the Secretary through the National Park Service; except that authority otherwise available to the Secre- tary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the pur- poses of this Act. Roadways. SEC. 6. The Secretary may provide for roadways from the north and south boundaries or such public recreation area to the access high- ways from the mainland to Padre Island. Gunnery or SEC. 7. The Secretary of the Interior shall enter into such adminis- bombing ranges. trative agreements with the Secretary of the Navy as the Secretary of the Navy may deem necessary to assure that the Secretary of the In- terior will not exercise any authority granted by this Act so as to in- terfere with the use by the Department of the Navy of any aerial gunnery or bombing range located in the vicinity of Padre Island. Appropriation. SEC. 8. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act; except that no more than $5,000,000 shall be appropriated for the acquisition of land and waters and improvements thereon, and interests therein, and incidental costs relating thereto, in accordance with the provisions of this Act. Approved September 28, 1962, 12:40 p.m. Public Law 87-713 September 28, 1962 AN ACT [H.R. 10540] rj<Q exclude deposits of petrified wood from appropriation under the United States mining laws. Be ft enacted hy the Senate and House of Representatives of the Petrified wood. United States of America in Congress assembled^ That section 3 of the Sale. Act of July 23,1955 (69 Stat. 368; 30 U.S.C. 611), is amended to read: "No deposit of common varieties of sand, stone, gravel, pumice, pumicite, or cinders and no deposit of petrified wood shall be deemed a valuable mineral deposit within the meaning of the mining laws of the United States so as to give effective validity to any mining claim hereafter located under such mining laws: Provided, however, That nothing herein shall affect the validity of any mining location based upon discovery of some other mineral occurring in or in association Avith such a deposit. 'Common varieties' as used in this Act does not include deposits of such materials which are valuable because the deposit lias some property giving it distinct and special value and does not include so-called 'block pumice' which occurs in nature in Definition. ])ieces having one dimension of two inches or more. 'Petrified wood* as used in this Act means agatized, opalized, petrified, or silicified wood, or any material formed by the replacement of wood by silica or other matter." SEC. 2. The Secretary of the Interior shall provide by regulation that limited quantities of petrified wood may be removed without charge from those public lands which he shall specify. Approved September 28, 1962.