An Act to provide for the release of the right, title, and interest of the United States in a certain tract or parcel of land conditionally granted by it to the city of Montgomery, W. Va.
PL 84-740 (S.976), enacted 07/20/1956

590 
PUBLIC LAW 740-JULY 20, 1956 
[70 ST A T . 
conveyed which would in any way obscure or otherwise interfere with 
the usefulness or visibility of the light or tower; and 
(2) A condition that in the event the property so conveyed to such 
county ceases to be used for public purposes, title therein shall revert 
to the United States. 
Approved July 20, 1956. 
July 20, 1956 
[S. 976] 
Public Law 740 
CHAPTER 649 
AN ACT 
To provide for the release of the right, title, and interest of the United States in 
a certain tract or parcel of land conditionally granted by it to the city of 
Montgomery, West Virginia. 
Mont g o m e r y , 
W. Va. 
Conveyance. 
R e v e r s i o n to 
U. S. 
National 
gency. 
Mineral rights. 
Survey co«t. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Secretary 
of the Army is authorized to modify by appropriate written instru-
ment the exception and reservation to the United States of America in 
the deed executed by the Secretary of War on December 13,1938, pur-
suant to the Act of Congress approved June 14, 1938 (52 Stat. 675), 
of the perpetual right to flood such part of the eight and three-tenths 
acres conveyed to the town of Montgomery, West Virginia, as may be 
necessary from time to time in the interests of navigation so as to limit 
such exception and reservation to the portion of the eight and three-
tenths acres located below elevation 619 feet, mean sea level, and to 
release by appropriate written instrument to the city of Montgomery, 
West Virginia, such restrictions and conditions imposed by section 2 
of said Act of June 14, 1938, and included in the deed granted pur-
suant thereto: Provided^ That any release by the Secretary of the 
Army of the restrictions and conditions imposed by section 2 of said 
Act of June 14, 1938, shall be effective only in the event the land de-
scribed in such Act is conveyed to the State of West Virginia within 
one year from the date of enactment of this Act on condition that it 
shall be used for National Guard or other military purposes. 
If the State of West Virginia shall cease to use the property for the 
purpose intended then the title thereto shall immediately revert to the 
United States and, in addition, all improvements made by the State 
of West Virginia during its occupancy shall vest in the United States 
without payment or compensation therefor. 
The conveyance of the property authorized by this Act shall be upon 
the further provision that whenever the Congress of the United States 
declares a state of war or other national emergency, or the President 
declares a state of emergency, and upon the determination by the 
Secretary of Defense that the property conveyed under this Act is 
useful or necessary for military, air, or for naval purposes, or in the 
interest of national defense, the United States shall have the right, 
without obligation to make payment of any kind, to reenter upon the 
property and use the same or any part thereof, including any and all 
improvements made thereon by the State of West Virginia, for the 
duration of such state of war or of such emergency. Upon the termi-
nation of such state of war or of such emergency, plus six months, 
such property shall revert to the State of West Virginia, together with 
all appurtenances and utilities belonging or appertaining thereto. 
All mineral rights, including gas and oil, in the lands authorized 
by this Act shall be reserved to the United States. 
The cost of any surveys necessary as an incidence to the conveyance 
authorized herein shall be borne by the State of West Virginia. 
Approved July 20, 1956.