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taries, be, and the same are hereby, declared to be, and to have been at all times heretofore, subject to the provisions of a certain Act of Congress entitled "An Act granting to railroads the right of way through the public lands of the United States," approved March third, eighteen hundred and seventy-five, as fully, effectually, and to the same extent as though said lands had not been described in said proclamations, or withdrawn from sale thereby, but had remained with the body of public lands subject to private entry and sale: Provided, however, Right of flowThat any and all parts of said lands acquired by any ment of Missisrailroad company under said Act of Congress shall at sippi River re

. all times be subject to the right of flowage which at any time may become necessary in the construction or maintenance of dams, reservoirs, or other works which may be constructed or erected by or under the authority of the United States for the improvement of the navigation of the Mississippi River and its tributaries: Pro- mapasi mota definite vided further, That the railroad companies availing location. themselves of this Act shall, in addition to filing the maps now required by law to be filed, also file maps of definite location with elevation of rail of their lines of railroad over said water-reserve lands in the office of the Secretary of War; and no location shall be permitted hibited! which takes for right of way or stations or interferes with submergence of lands needed for the use of the present reservoir system, or in the construction of dams or other works, or any proposed or probable extension of the same, or which will obstruct or increase the cost of the present or prospective reservoir system: Provided War to approve further, That the plan for the location and construction plans. of any such railway, or any part thereof, shall be first submitted to the Secretary of War and approved by him and by the Chief of Engineers of the United States Army.

Approved, February 27, 1901 (31 Stat. 815).

Locations pro

Oklahoma and

An Act to confirm the right of way of railroads now constructed and

in operation in the Territories of Oklahoma and Arizona. Be it enacted by the Senate and House of Representatives of the United States of America in Congress as

Rights of way. sembled, That where, under the Act of Congress ap

Arizona public proved March third, eighteen hundred and seventy-five, lands subject to entitled "An Act granting to railroads the right of way easement for. through the public lands of the United States," or under special Acts of Congress, or under the laws of the Territories of Oklahoma and Arizona, railroads have been constructed and are now in operation in Oklahoma or Arizona which may pass through any of the lands heretofore reserved for said Territories, such lands shall be disposed of subject to such railroad right or easement, but only to the extent of the right of way conferred by

the said Act of March third, eighteen hundred and seventy-five, for such railroad purposes.

Approved, June 26, 1906 (34 Stat. 481).

five

An Act To declare and enforce the forfeiture provided by section

four of the Act of Congress appr March third, eighteen hundred and seventy-five, entitled "An Act granting to railroads the right of way through the public lands of the United States."

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress assemRights of way; Bled, That each and every grant of right of way and grants not com: station grounds heretofore made to any railroad corporapleted years. tion under the Act of Congress approved March third,

eighteen hundred and seventy-five, entitled "An Act granting to railroads the right of way through the public lands of the United States," where such railroad has not been constructed and the period of five years next following the location of said road, or any section thereof, has now expired, shall be, and hereby is, declared forfeited to the United States, to the extent of any portion of such located line now remaining unconstructed, and the United States hereby resumes the full title to the lands covered thereby freed and discharged from such easement, and the forfeiture hereby declared shall, without need of further assurance or conveyance, inure to the benefit of any owner or owners of land heretofore conveyed by the

United States subject to any such grant of right of way Roads under or station grounds: Provided, That in any case under this

Act where construction of the railroad is progressing in good faith at the date of the approval of this Act the forfeiture declared in this Act shall not take effect as to such line of railroad.

Approved, June 26, 1906 (34 Stat. 482).

An Act To declare and enforce the forfeiture provided by section

four of the Act of Congress approved March third, eighteen hundred and seventy-five, entitled “An Act granting to railroads the right of way through the public lands of the United States."

Be it enacted by the Senate and House of RepresentaForleiture of tives of the United States of America in Congress assemcertain railroad bled, That each and every grant of right of way and staof

tion grounds heretofore made to any railroad corporation under the Act of Congress approved March third, eighteen hundred and seventy-five, entitled "An Act granting to railroads the right of way through the public lands of the United States," where such railroad has not been constructed and the period of five years next following the location of said road, or any section thereof, has now expired, shall be, and hereby is, declared forfeited to the United States, to the extent of any portion of such located line now remaining unconstructed, and the United States hereby resumes the full title to the lands covered thereby free and discharged from such easement, and the

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forfeiture hereby declared shall, without need of further
assurance or conveyance, inure to the benefit of any owner
or owners of land heretofore conveyed by the United
States subject to any such grant of right of way or sta-
tion grounds: Provided, That no right of way on which
construction is progressing in good faith at the time of
the passage of this Act shall be in any wise affected,
validated or invalidated, by the provisions of this Act.

Approved, February 25, 1909 (35 Stat. 647).

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An Act Granting to the Portland, Vancouver and Northern Railway
Company a license to cross the Vancouver Barracks Military Res.
ervation at Vancouver, Washington.

Be it enacted by the Senate and House of Representa-
tires of the United States of America in Congress as-

Vancouver Bar sembled, That there is hereby granted to the Portland, racks, Wash. Vancouver and Northern Railway Company, a corpora- couver & North

, . tion organized under the laws of the State of Washing- ern Railway Co.

granted right of
ton, under the conditions and restrictions in this Act con- way across lande
tained, a revocable license to construct, maintain, and
operate an electric railroad, telephone, telegraph, and
electric power transmission lines across the Vancouver
Barracks Military Reservation in the county of Clarke,
State of Washington. Congress reserves the right to
alter, amend, or repeal this Act.

Sec. 2. That the work herein authorized shall be con- Location.
structed, as near as practicable, upon the following loca-
tion: Beginning at a point on the westerly side of Reserve
Street where the same intersects the southerly boundary
line of the city of Vancouver, Clarke County, Washing-
ton; thence running in a northerly direction along the
west line of said Reserve Street to a point nine feet
north of the south line of Fifth Street where the same
goes through the United States military reservation;
thence easterly on a line parallel to and the center line
nine feet north of the south line of said Fifth Street and
south of the macadam portion of said street, running
through said reservation to the eastern boundary line;
thence north to a point where the said eastern boundary
line intersects East Seventh Street in the city of Van-
couver, the exact location to be fixed by the Secretary of
War.

Sec. 3. That the work shall be begun within one year Time for con after the approval of this Act, and within ninety days

struction
after the approval of this Act the said railway company
shall furnish a bond to the satisfaction of the Secretary
of War conditioned for the completion of the said rail-
road and other works mentioned herein across said reser-
pation within two years after the approval of the said
bond by the Secretary of War.

Sec. 4. That the work herein authorized shall be con- Construction
structed in such manner, of such character, and with such
spurs, switches, and crossings as may be prescribed by the

maintenance of

Secretary of War, and shall be maintained and operated subject to such rules and regulations as he or the com

mander at the said post may from time to time prescribe. Contribution to

Sec. 5. That the licensee shall bear one-third of the public street.

cost of macadamizing Fifth Street and the public road on the eastern boundary of the reservation for the distance they occupy said street and road; macadamizing of said street and road to be of such width as may be prescribed by the Secretary of War. The licensee shall bear one-third of the cost of maintenance of said street and road in addition to maintaining the space between the

rails at all times in good condition for vehicle traffic. Approval of Sec. 6. That the maintenance and operation of said railway. railway within the limits of the reservation, including all

road work, lighting of track on roadway without expense to the United States, and other work required to be done by the licensee in accordance with the provisions and conditions of this instrument or deemed necessary or advisable by the Secretary of War, shall be subject to the supervision and approval of the post commander and to such regulations as he may from time to time prescribe in the interests of good order, police, sanitation, discipline, public safety, and the conservation of the interests of the Government.

Sec. 7. That any other person or corporation having a bay.other rail- franchise for operation of a street railway in the city of

Vancouver, including any electric railway as may have authority to do a suburban and interurban business, may, upon obtaining a license from the Secretary of War, use the track and other construction herein authorized to be placed upon the reservation upon the payment of just compensation, and if the parties concerned can not agree upon the amount of such compensation the sum or sums to be paid for said use shall be fixed by the Secretary of War.

Sec. 8. That if any portion of said right of way herein authorized shall cease to be used for the purpose aforesaid the same shall be revoked. Any sums which may have to be expended after the revocation of this license, or any portion thereof, in putting any premises or property herein authorized to be occupied in as good condition as it is at this time shall be paid by said licensee, its successors, or assigns.

Approved, June 22, 1916 (39 Stat. 233).

Use of tracks

Reversion.

RAILROAD RIGHTS OF WAY THROUGH INDIAN

RESERVATIONS.

An Act To provide for the acquiring of rights of way by railroad

companies through Indian reservations, Indian lands, and Indian allotments, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress as

Interior.

sembled, That a right of way for a railway, telegraph General right of and telephone line through any Indian reservation in through Indian any State or Territory, or through any lands held by an

lands. Indian tribe or nation in Indian Territory, or through any lands reserved for an Indian agency or for other purposes in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, is hereby granted to any railroad company organized under the laws of the United States, or of any State or Territory, which shall comply with the provisions of this Act and such rules and regulations as may be prescribed thereunder: Provided, That no Approval of the right of way shall be granted under this Act until the Secretary of the Secretary of the Interior is satisfied that the company applying has made said application in good faith and with intent and ability to construct said road, and in case objection to the granting of such right of way shall be made, said Secretary shall afford the parties so objecting a full opportunity to be heard: Provided further, That Parallel right where a railroad has heretofore been constructed, or is of way. in actual course of construction, no parallel right of way within ten miles on either side shall be granted by the Secretary of the Interior unless, in his opinion, public interest will be promoted thereby.12

Sec. 2. That such right of way shall not exceed fifty feet in width on each side of the center line of the road, except where there are heavy cuts and fills, when it shall not exceed one hundred feet in width on each side of the road, and may include ground adjacent thereto for sta

Additional tion buildings, depots, machine shops, side tracks, turn- grounds for build. outs, and water stations, not to exceed one hundred feet in width by a length of two thousand feet, and not more than one station to be located within any one continuous length of ten miles of road: Provided, That this section Applicable to shall apply to all rights of way heretofore granted to grants, Indian railroads in the Indian Territory where no provsions defining the width of the rights of way are set out in the Act granting the same.13

Sec. 3. That the line of route of said road may be surveyed and located through and across any of said lands at any time, upon permission therefor being obtained from the Secretary of the Interior; but before the grant Maps to be filed. of such right of way shall become effective a map of the survey of the line or route of said road must be filed with and approved by the Secretary of the Interior, and the company must make payment to the Secretary of the Interior for the benefit of the tribe or nation, of full compensation for such right of way, including all damage Damages.

12 Added to by sec. 16 of the act of June 25, 1910, under “ Indian 18 Amended by the act of June 21, 1906.

36039-23-27

Width.

ings.

lands."

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