An Act to authorize executive agencies to grant easements in, over, or upon real property of the United States under the control of such agencies, and for other purposes
PL 87-852 (H.R.8355), enacted 10/23/1962

76 STAT.] 
PUBLIC LAW 87-852-OCT. 23, 1%2 
1129 
Public Law 87-852 
AN ACT 
October 23, 1962 
[H. R. 8355] 
Conditions. 
To authorize executive agencies to grant easements in, over, or upon real prop-
erty of the United States under the control of such agencies, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That whenever a 
Real property o
f 
State or political subdivision or agency thereof or any person makes ^'Authority to 
application for the grant of an easement in, over, or upon real prop- grant easements. 
erty of the United States for a right-of-way or other purpose, the exec-
utive agency having control of such real property may grant to the 
applicant, on behalf of the United States, such easement as the head 
of such agency determines will not be adverse to the interests of the 
United States, subject to such reservations, exceptions, limitations, 
benefits, burdens, terms, or conditions, including those provided in 
section 2 hereof, as the head of the agency deems necessary to protect 
the interests of the LTnited States. Such grant may be made without 
consideration, or with monetary or other consideration, including any 
interest in real property. 
In connection with the grant of such an 
easement, the executive agency concerned may relinquish to the State 
in which the affected real property is located such legislative juris-
diction as the executive agency deems necessary or desirable. 
Relin-
quishment of legislative jurisdiction under the authority of this Act 
may be accomplished by filing with the Governor of the State con-
cerned a notice of relinquishment to take effect upon acceptance thereof 
or by proceeding in such manner as the laws applicable to such State 
may provide. 
SEC, 2. The instrument granting any such easement may provide for 
termination of the easement in whole or in part if there has been— 
(a) a failure to comply with any term or condition of the 
grant, or 
(b) a nonuse of the easement for a consecutive two-year period 
for the purpose for which granted, or 
(c) an abandonment of the easement. 
If such a provision is included, it shall require that written notice of 
such termination shall be given to the grantee, or its successors or 
assigns. The termination shall be effective as of the date of such 
notice. 
SEC. 3. The authority conferred by this Act shall be in addition to, 
and shall not affect or be subject to, any other law under which an 
executive agency may grant easements. 
SEC. 4. As used in this Act— 
(a) The term "State" means the States of the Union, the District 
of Columbia, the Commonwealth of Puerto Rico, and the possessions 
of the United States. 
(b) The term "executive agency" means any executive department 
or independent establishment in the executive branch of the Govern-
ment, including any wholly owned Government corporation. 
(c) The term "person" includes any corporation, partnership, firm, 
association, trust, estate, or other entity. 
(d) The term "real property of the United States" excludes the 
public lands (including minerals, vegetative, and other resources) in 
the United States, including lands reserved or dedicated for national 
forest purposes, lands administered or supervised by the Secretary of 
the Interior in accordance with the Act of August 25, 1916 (39 Stat. 
535), as amended and supplemented, Indian-owned trust and restricted 
lands, and lands acquired by the United States primarily for fish and 
wildlife conservation purposes and administered by the Secretary of 
Definitions. 
16 use 1 e( 
sag. 
1130 
PUBLIC LAW 87-853-OCT. 23, 1962 
[76 STAT. 
the Interior, lands withdrawn from the public domain primarily 
under the jurisdiction of the Secretary of the Interior, and lands 
acquired for national forest purposes. 
Approved October 23, 1962. 
October 23, 1962 
[H. R. 555] 
Public Law 87-853 
i/\:i 
AN ACT 
For the relief of Elmore County. Alabanui. 
Elmore County, 
Ala. 
Claims settle-
ment. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assemhied, That the Secretary 
of the Treasury is authorized and directed t o pay, out of any money in 
the Treasury not otherwise appropriated, to Elmore (^ounty, Alabama, 
the sum of $4,372.51. The payment of such sum shall be in full settle-
ment of all the claims of Elmore County against the United States 
for reimbursement for one-half of the cost of certain civil defense 
communications equipment purchased by the county in October of 
1958 at the urging of civil defense officials and in the belief that such 
reimbursement would be made. No part of the amount appropriated 
in this Act in excess of 10 per centum thereof shall be paid or delivered 
to or received by any agent or attorney on account of services rendered 
in connection with this claim, and the same shall be unlawful, any 
contract to the contrary notwithstanding. 
Any person violating the 
provisions of this Act shall be deemed guilty of a misdemeanor and 
upon conviction thereof shall be fined in any sum not exceeding $1,000. 
Approved October 23, 1962. 
October 23, 1962 
[H. R. 5700] 
Public Law 87-854 
AN ACT 
To amend the Tariff Act of 1930 to permit the designation of certain contract 
carriers as carriers of bonded merchandise. 
Contract 
carriers. 
Designation 
as carriers 
of bonded 
merchandise. 
59 Stat. 667. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 551 of 
the Tariff Act of 1930, as amended (19 U.S.C, sec. 1551), is amended 
to read as follows: 
"SEC. 551. BONDING OF CARRIERS. 
"Under such regulations and subject to such terms and conditions 
as the Secretary of the Treasury shall prescribe— 
"(1) any common carrier of merchandise owning or operating 
a railroad, steamship, or other transportation line or route for 
the transportation of merchandise in the United States, 
"(2) any contract carrier authorized to operate as such by 
any agency of the United States, and 
"(3) any freight forwarder authorized to operate as such by 
any agency of the United States, 
upon application, may, in the discretion of the Secretary, be designated 
as a carrier of bonded merchandise for the final release of which 
from customs custody a permit has not been issued." 
Approved October 23, 1962. 
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