By act of August 14, 1937 (50 Stat. 638), the Secretary of War was authorized to convey to the Commonwealth of Kentucky for State road purposes a certain piece of land in Breckinridge County, Kentucky. The act of August 26, 1937 (50 Stat. 857), authorizes the Secretary of War to convey a portion of the New Cumberland, Pennsylvania, General Depot to the Commonwealth of Pennsylvania, in exchange for certain adjoining lands. The act of February 20, 1931 (46 Stat. 1191), authorizing the sale of Camp Taylor, Kentucky, was supplemented by section 2, act of April 29, 1938 (52 Stat. 281). Notes of Decisions Reconsideration of decision.-The Secretary | statute, may reconsider his conclusion as to of War having determined that a reservation the need of the property for military purwas no longer needed for military purposes, poses and withdraw the offer before the and having thereupon had the property ap- offer had been accepted or any action taken praised and a notice given to the State and by the State authorities in reliance on it. county of their option to purchase under the (1928) 35 Op. Atty. Gen. 481. 1008. Military reservations; public sale.-Six months after the date of the notification of said appraisal, if the option given in section 7 hereof shall not have been exercised in the manner herein specified, or after receipt by the Secretary of War of notice that the State, county, and municipality do not desire to exercise the option herein granted, the Secretary of War may sell or cause to be sold each of said properties at public sale at not less than the appraised value thereof, after advertisement in such manner as he may direct. Sec, 8, act of Mar. 12, 1926 (44 Stat. 207); 10 U. S. C. 1601. 1009. Military reservations; expenses of sale. The expenses of appraisal, survey, advertising and all expenses incident to the sale of the property hereinbefore authorized for disposition shall be paid from the proceeds of the sale of any of the properties sold under this Act: Provided, That no auctioneer or person acting in said capacity shall be paid a fee for the sale of said property in excess of $100 a day. Sec. 9, act of Mar. 12, 1926 (44 Stat. 207); 10 U. S. C. 1602. 1010. Military reservations; reports of sales.-A full report of all transfers and sales made under the provisions of this Act shall be submitted to Congress by the Secretary of War upon the consummation thereof. Sec. 10, act of Mar. 12, 1926 (44 Stat. 207); 10 U. §. C. 1603. For second paragraph of this section as published in the 1929 text, see 1011, post. 1011. Military reservations; reports of property becoming surplus. Hereafter if any real property acquired for military purposes becomes useless for such purposes, the Secretary of War is directed to report such fact to Congress in order that authorization for its disposition in accordance with this Act may be granted. Sec. 11, act of Mar. 12, 1926 (44 Stat. 207); 10 U. S. C. 1604. 1012. Military reservations; repeal of prior sale authority. The authority granted by this Act repeals all prior legislative authority granted to the Secretary of War to sell or transfer any of the reservations herein designated. Sec. 12, act of Mar. 12, 1926 (44 Stat. 207); 10 U. S. C. 1605. The text of this section as published in the 1929 Edition is omitted as repealed by section 26, Permanent Appropriation Repeal Act of June 26, 1934 (48 Stat. 1236), post, 1765. (J. A. G. 602.2, February 11, 1936.) 1013. Military reservations; transfer to Interior Department. That whenever, in the opinion of the President of the United States, the lands, or any portion of them, included within the limits of any military reservation heretofore or hereafter declared, have become or shall become useless for military purposes, he shall cause the same or so much thereof as he may designate to be placed under the control of the Secretary of the Interior for disposition as hereinafter provided and shall cause to be filed with the Secretary of the Interior a notice thereof. Sec. 1, act of July 5, 1884 (23 Stat. 103); 43 U. 8. C. 1071. This was the first section of an act providing for the disposal of abandoned and useless military reservations. Sec. 2 provides for the survey or subdivision of such reservations, appraisal, and sale, rights of settlers; sec. 4 for apppraisal and sale of buildings thereon. Sec. 4 repealed act of Aug. 18, 1856 (11 Stat. 87), and sec. 6 act of June 12, 1858 (11 Stat. 336). Sec. 6 provided for the extension of State, county, and territorial roads across military reservations. See 999, ante. 1013a. Military reservations; transfer to Department of Agriculture.—That if the Secretary of Agriculture determines that any part of the public lands or reservations of the United States is reasonably necessary for the right-of-way of any highway or forest road or as a source of materials for the construction or maintenance of any such highway or forest road adjacent to such lands or reservations, the Secretary of Agriculture shall file with the Secretary of the department supervising the administration of such land or reservation a map showing the portion of such lands or reservations which it is desired to appropriate. If within a period of four months after such filing the said secretary shall not have certified to the Secretary of Agriculture that the proposed appropriation of such land or material is contrary to the public interest or inconsistent with the purposes for which such land or materials have been reserved, or shall have agreed to the appropriation and transfer under conditions which he deems necessary for the adequate protection and utilization of the reserve, then such land and materials may be appropriated and transferred to the State highway department for such purposes and subject to the conditions so specified. If at any time the need for any such lands or materials for such purposes shall no longer exist, notice of the fact shall be given by the State highway department to the Secretary of Agriculture, and such lands or materials shall immediately revert to the control of the Secretary of the department from which they had been appropriated. Sec. 17, act of Nov. 9, 1921 (42 Stat. 216); 23 U. S. C. 18. * 1014. Military reservations; transfer to and from Navy Department.-The interchange without compensation therefor, of military stores including real estate owned by the Government, is hereby authorized between the Army and the Navy upon the request of the head of one service and with the approval of the head of the other service. Act of July 11, 1919 (41 Stat. 132); 10 U. S. C. 1274. By Executive Order No. 7215, October 26, 1935, with reference to Bolling Field, as modified by Executive Order No. 7697, August 23, 1937, the President, under authority of this section, made interchange of property between the War and Navy Departments as follows: From War Department to Navy Department: From Navy Department to War Department: Naval Air Station, Sunnyvale, California. By Executive Order No. 7467, October 7, 1936, the Benton Air Corps Flying Field, Alameda, California, was transferred from the War Department to the Navy Department. Act of May 28, 1937 (50 Stat. 283), authorizes the establishment of a naval air station thereon. The submarine base at Squantum, Massachusetts, transferred to the War Department April 4, 1929, was re-transferred to the Navy Department by Executive Order No. 7377, May 20, 1936. Part of the Cuzco Hills Military Reservation, Guantanamo Bay, Cuba, was transferred to the control and jurisdiction of the Secretary of the Navy by Executive Order No. 7800, January 27, 1938. Notes of Decisions which has become useless for military purposes. The two acts are not inconsistent or in conflict with each other, and there is no reason why they may not stand together. (1935) 38 Op. Atty. Gen. 356. This section relates to military reservations still used and useful, but which can be more advantageously used if transferred, while section 11, act of March 12, 1926 (44 Stat. 207) (1011, ante), refers to property 1015. Military reservations; transfer to Public Health Service and Veterans' Administration.—* * the President is authorized to direct the transfer to the Treasury Department of the use of such lands or parts of lands, buildings, fixtures, appliances, furnishings, or furniture under the control of any other department of the Government not required for the purposes of such department and suitable for the uses of the Public Health Service. Sec. 3, act of Mar. 3, 1919 (40 Stat. 1303); 24 U. S. C. 28. Provided, however, That the director, with the approval of the President, may utilize such suitable buildings, structures, and grounds, now owned by the United States, as may be available for the purposes aforesaid, and the President is hereby authorized by Executive order to transfer any such buildings, structures, and grounds to the control and jurisdiction of the United States Veterans' Bureau upon the request of the director thereof. Sec. 1, act of March 3, 1925 (43 Stat. 1212); 38 U. S. C. 435. In the preparation of this estimate the Surgeon General shall ascertain from the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, and the Secretary of Agriculture whether any military, naval, or other reservation suitable for the purpose is available for transfer, to be used for the location of said station and hospital, Pub. res. of July 15, 1932 (47 Stat. 701). The estimate referred to is for the construction and equipment of a hospital for lepers in Hawaii. Provisions similar to second paragraph have appeared in act of Apr. 20, 1922 (42 Stat. 496), and act of June 5, 1924 (43 Stat. 390). Under authority of the second paragraph of this section (act of March 3, 1925), a portion of the Boise Barracks, Idaho, Military Reservation was transferred to the control and jurisdiction of the Veterans' Administration by Executive Order No. 7793, January 26, 1938. Title to the military reservation of Whipple Barracks, Ariz., was permanently transferred from the War Department to the Veterans' Administration by sec. 6, act of March 4, 1931 (46 Stat. 1551). 1016. Military reservations; transfer to National Park Service.—Whenever the use of the Forts Washington, Foote, and Hunt, or either of them, is no longer deemed necessary for military purposes they shall be turned over to the Director of Public Buildings and Public Parks of the National Capital without cost, for administration and maintenance as a part of the said George Washington Memorial Parkway. Sec. 3, act of May 29, 1930 (46 Stat. 484). 1017. For text of this section as published in the 1929 Edition, see 996, ante. 1018. For text of this section as published in the 1929 Edition, see 1021, post. 1019. Flood control lands; condemnation.—* The Secretary of War may cause proceedings to be instituted for the acquirement by condemnation of any lands, easements, or rights of way which, in the opinion of the Secretary of War and the Chief of Engineers, are needed in carrying out this project, the said proceedings to be instituted in the United States district court for the district in which the land, easement, or right of way is located. In all such proceedings the court, for the purpose of ascertaining the value of the property and assessing the compensation to be paid, shall appoint three commissioners, whose award, when confirmed by the court, shall be final. When the owner of any land, easement, or right of way shall fix a price for the same which, in the opinion of the Secretary of War, is reasonable, he may purchase the same at such price; and the Secretary of War is also authorized to accept donations of lands, easements, and rights of way required for this project. The provisions of sections 5 and 6 of the River and Harbor Act of July 18, 1918, are hereby made applicable to the acquisition of lands, easements, or rights of way needed for works of flood control: Provided, That any land acquired under the provisions of this section shall be turned over without cost to the ownership of States or local interests. Sec. 4, act of May 15, 1928 (45 Stat. 536); 33 U. S. C. 702d. The provisions of sections 13, 14, 16, and 17 of the River and Harbor Act of March 3, 1899, are hereby made applicable to all lands, waters, easements, and other property and rights acquired or constructed under the provisions of this Act. Sec. 9, act of May 15, 1928 (45 Stat. 537); 33 U. S. C. 702i. In every contract or agreement to be made or entered into for the acquisition of land either by private sale or condemnation as in this Act provided the provisions contained in section 3741 of the Revised Statutes being section 22 of title 41 of the United States Code shall be applicable. Sec. 14, act of May 15, 1928 (45 Stat. 539); 33 U. S. C. 702m. That the proviso in section 4 of the Act for the control of floods on the Mississippi River and its tributaries approved May 15, 1928, "That any land acquired under the provisions of this section shall be turned over without cost to the ownership of States or local interests," shall not apply to the lands heretofore acquired or that may be hereafter acquired in connection with the construction, maintenance, or operation of the Bonnet Carre Spillway and Floodway. The Secretary of War is hereby authorized to grant to any citizen, association, railroad, or other corporation, State or public agency thereof, rightsof-way, easements, and permits, over, across, in, and upon said lands for railway, highway, telephone, telegraph, and pipe-line crossings, and other purposes. The grants issued in pursuance of this authority shall be under such terms and conditions as the Secretary of War may deem advisable for the protection of the public interests, and may be perpetual or temporary in his discretion. Act of Feb. 15, 1933 (47 Stat. 810); 33 U. S. C. 702dd. That the Secretary of War is authorized, out of any money available for carrying out the provisions of the Act entitled "An Act for the control of floods on the Mississippi River and its tributaries, and for other purposes," approved May 15, 1928, to purchase from, or to reimburse States or local levee districts for the cost of, any levee rights-of-way or easements for the building of levees in the Mississippi Valley for which the United States was or is under obligation to pay under the provisions of the Act of May 15, 1928, regardless of whether said States or local levee districts have furnished such rights-of-way in the past and regardless of the conditions under which such levee rights-of-way were furnished, or may be furnished in the future: Provided, That after careful investigation the prices are found to be reasonable: And provided further, That payments or reimbursements for levee rights-of-way or easements conveying the privilege of building levees may be made as soon as they have been acquired in conformity with local custom or legal procedure in such matters and to the satisfaction of the Chief of Engineers. Act of Apr. 23, 1934 (48 Stat. 607); 33 U. S. C. 702n. For projects referred to, see 1852 post. Similar provisions are contained in act of June 15, 1936 (49 Stat. 1508). For secs. 5 and 6 of the River and Harbor Act of July 18, 1918, see 1027, post. For provisions of secs. 13, 14, 16, and 17 of act of March 3, 1899, see 1798, 1802, and 1803, post. For R. S. 3741, see 787, ante. Notes of Decisions In general.-Government seeking to condemn land for building of levee must deposit in registry of court or in an official depository, subject to orders of court, funds sufficient to cover maximum value that may be found for defendant's property. U. S. v. Stubbs (D. C., 1929), 35 F. (2d) 357. Government's inherent power of condemning private property for public use is subject to limitations of Constitution that owner whose property is taken shall be promptly paid, without extraneous controversy and unnecessary delay. Id. This section providing that, in proceedings by Government for acquirement by condemnation of lands, etc., Government may immediately take property and dispossess owner without its value first having been paid, is valid; there being no constitutional inhibition. Id. Suits to enjoin work.-Landowner held not entitled to injunction against taking of land by additional flooding through construction of guide-levees on other lands, without first acquiring flowage rights over his land, action at law for compensation affording adequate remedy. Hurley v. Kincaid (1932), 285 U. S. 95, reversing (C. C. A., 1931) 49 F. (2d) 768, which affirmed (D. C., 1929) 37 F. (2d) 602, and overruling Kincaid v. U. S. (D. C., 1929), 35 F. (2d) 235. Vesting of title in Government.-Title to property taken by Government under this section vests in Government only after final judgment of condemnation and payment of sum fixed. U. S. v. Stubbs (D. C., 1929), 35 F. (2d) 357. Selection of lands for condemnation. This section leaves to discretion of Secretary of War and Chief of Engineers details in selecting locations and choosing properties to be condemned for construction of levees and other works in carrying out plan of flood control. U. S. v. Stubbs (D. C., 1929), 35 F. (2d) 357. Determination of damages.-Determination of damages by court, after sustaining exceptions to viewers' awards in condemnation proceedings as excessive, held authorized by parties' written stipulation. Frances-Ralph Realty Co. v. U. S. (C. C. A., 1931), 52 F. (2d) 92; certiorari denied (1932), 284 U. S. 683. Court may consider evidence before valuation commissioners in flood control condemnation proceedings, on exceptions that court's instructions were disobeyed. Guste v. U. S. (C. C. A., 1932), 55 F. (2d) 115. Review of valuation.-Ordinarily, court need not consider evidence before valuation commissioners in flood control condemnation proceedings, in absence of claim of plain mistake, partiality, or corruption. Guste v. U. S. (C. C. A., 1932), 55 F. (2d) 115. 1020. National forests; acquisition of lands for.-That a commission to be known as the National Forest Reservation Commission, consisting of the Secretary of War, the Secretary of the Interior, the Secretary of Agriculture, and two Members of the Senate, to be selected by the President of the Senate, and two Members of the House of Representatives, to be selected by the Speaker, is hereby created and authorized to consider and pass upon such lands as may be recommended for purchase as provided in section six of this Act, and to fix the price or prices at which such lands may be purchased, and no purchases shall be made of any lands until such lands have been duly approved for purchase by said commission: Provided, That the members of the commission herein created shall serve as such only during their incumbency in their respective official positions, and any vacancy on the commission shall be filled in the manner as the original appointment. That the commission hereby appointed shall, through its president, annually report to Congress, not later than the first Monday in December, the operations and expenditures of the commission, in detail, during the preceding fiscal year. Secs. 4 and 5, act of Mar. 1, 1911 (36 Stat. 962); 16 U. S. C. 513. The act of Mar. 2, 1935 (40 Stat. 37), authorizes transfer of certain lands in Forrest and Perry Counties, Mississippi, acquired under the provisions of this section, to the State of Mississippi, or to the War Department, for use in connection with the National Guard. Acquisition of forest lands, in cooperation with the States, under act of August 29, 1935 (49 Stat. 963), is subject to approval by the National Forest Reservation Commission. 1021. Nitrate plants; acquisition of lands for.-The President is authorized to lease, purchase, or acquire, by condemnation, gift, grant, or devise, such lands and rights-of-way as may be necessary for the construction and operation of |