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SEC. 4. That nothing in this act shall authorize the use Restriction. of such right of way except for the pipe line, and then only so far as may be necessary for its construction, maintenance, and care.

Approved, May 21, 1896 (29 Stat., 127).

RESERVOIRS FOR WATERING STOCK.

for live stock,

An Act Providing for the location and purchase of public lands for

reservoir sites. Be it enacted by the Senate and House of Representatives Reservoir sites of the United States of America in Congress assembled, That any person, live-stock company, or transportation corporation engaged in breeding, grazing, driving, or transporting live stock may construct reservoirs upon unoccupied public lands of the United States, not mineral or otherwise reserved, for the purpose of furnishing water to such live stock, and shall have control of such reservoir, under regulations prescribed by the Secretary of the Interior, and the lands upon which the same is constructed, not exceeding one hundred and sixty acres, so long as such reservoir is maintained and water kept therein for such purposes: Provided, That such reservoir shall not be fenced and shall be open to the free use of any Free use, etc. person desiring to water animals of any kind.

SEC. 2. That any person, live-stock company, or cor- Statement to poration desiring to avail themselves of the provisions of qum this act shall file a declaratory statement in the United States land office in the district where the land is situated, which statement shall describe the land where such reservoir is to be or has been constructed; shall state what business such corporation is engaged in; specify the capacity of the reservoir in gallons, and whether such .company, person, or corporation has filed upon other reservoir sites within the same county; and if so, how many.

SEC. 3. That at any time after the completion of such Surveys, etc., reservoir or reservoirs which, if not completed at the date require

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pleted within two years after filing such declaratory statement, such person, company, or corporation shall have the same accurately surveyed, as hereinafter provided, and shall file in the United States land office in the district in which such reservoir is located a map or plat showing the location of such reservoir, which map or plat shall be transmitted by the register and receiver of said United States land office to the Secretary of the Interior and approved by him, and thereafter such land shall be reserved from sale by the Secretary of the Interior so long Lands reserved

from sale as such reservoir is kept in repair and water kept therein."

SEC. 4. That Congress may at any time amend, alter, et or repeal this act.

Approved, January 13, 1897 (29 Stat., 484).

any time omand alter Amendment,

etc.

TRAMROADS, CANALS, ETC.

An Act To permit the use of the right of way through the public lands

for tramroads, canals, and reservoirs, and for other purposes.

for

tramroads,

voirs.

Right of way Be it enacted by the Senate and House of Representatives

ef: of the United States of America in Congress assembled, That

the Secretary of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of the right of way through the public lands of the United States, not within the limits of any park, forest, military, or Indian reservation, for tramroads, canals, or reservoirs to the extent of the ground occupied by the water of the canals and reservoirs and fifty feet on each side of the marginal limits thereof; or fifty feet on each side of the center line of the tramroad, by any citizen or any association of citizens of the United States engaged in the business of mining or quarrying or of cutting timber and manufacturing lumber.

Approved, January 21, 1895 (28 Stat., 635).

An Act To amend an act to permit the use of the right of way through

public lands for tramroads, canals, and reservoirs, and for other purposes.

for tramroads, canals, etc.

Be it enacted by the Senate and House of Representatives

of the United States of America in Congress assembled, Right of way That the act entitled “An act to permit the use of the

right of way through the public lands for tramroads, canals, and reservoirs, and for other purposes," approved January twenty-first, eighteen hundred and ninety-five, be, and the same is hereby, amended by adding thereto the following:

“That the Secretary of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of right of way upon the public lands of the United States, not within limits of any park, forest, military, or Indian reservations, for

tramways, canals, or reservoirs, to the extent of the ground Use of water for domestic and occupied by the water of the canals and reservoirs, and public purposes. fftretfonto

fifty feet on each side of the marginal limits thereof, or
fifty feet on each side of the center line of the tramroad,
by any citizen or association of citizens of the United
States, for the purposes of furnishing water for domestic,
public, and other beneficial uses."

*
Approved, May 11, 1898 (30 Stat., 404).

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RIGHT OF WAY THROUGH NATIONAL FORESTS FOR

DAMS, RESERVOIRS, WATER PLANTS, DITCHES,
FLUMES, PIPES, TUNNELS, AND CANALS FOR
MUNICIPAL OR MINING PURPOSES.

control of, trans

An Act Providing for the transfer of forest reserves from the Department

of the Interior to the Department of Agriculture. That the Secretary of the Department of Agriculture Forest reserves shall, from and after the passage of this act, execute or ferred to Agricul

tural Depart. cause to be executed all laws affecting public lands here- ment. tofore or hereafter reserved under the provisions of section twenty-four of the act entitled “An act to repeal the timber-culture laws, and for other purposes," "approved March third, eighteen hundred and ninety-one, and acts supplemental to and amendatory thereof, after such lands have been so reserved, excepting such laws as Exceptions. affect the surveying, prospecting, locating, appropriating, entering, relinquishing, reconveying, certifying, or patenting of any such lands. *

* SEC. 4. That rights of way for the construction and Water Lights

granted for minmaintenance of dams, reservoirs, water plants, ditches, ing, etc., purflumes, pipes, tunnels, and canals, within and across the po forest reserves of the United States, are hereby granted to citizens and corporations of the United States for municipal or mining purposes, and for the purposes of the milling and reduction of ores, during the period of their beneficial use, under such rules and regulations as may be prescribed by the Secretary of the Interior, and subject to the laws of the State or Territory in which said reserves are respectively situated.

oses.

Approved, February 1, 1905 (33 Stat., 628).

TELEGRAPH AND TELEPHONE LINES, ELECTRICAL

PLANTS, CANALS, AND RESERVOIRS.

through reserva

An Act Relating to rights of way through certain parks, reservations,

and other public lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and hereby is, . Rights of way authorized and empowered, under general regulations to tions, et . be fixed by him, to permit the use of rights of way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant National Parks, California, for electrical plants, poles, and lines for the generation and distribution of electrical power, and for telephone and telegraph purposes, and for canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits, and for water plants, dams, and reservoirs used to promote irrigation

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or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses to the extent of the ground occupied by such canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted hereunder, and not to exceed fifty feet on each side of the marginal limits thereof, or not to exceed fifty feet on each side of the center line of such pipes and pipe lines, electrical, telegraph and telephone lines and poles, by any citizen, association, or corporation of the United States, where it is intended by such to exercise the use permitted hereun

der or any one or more of the purposes herein named: Approval of Provided, That such permits shall be allowed within or permit.

through any of the said parks or any forest, military, Indian, or other reservation only upon the approval of the chief officer of the department under whose supervision such park or reservation falls and upon a finding by him that the same is not incompatible with the public

interest: Provided, further, That all permits given hereTelegraph, etc., under for telegraph and telephone purposes shall be sub

ject to the provision of title sixty-five of the Revised Statutes of the United States, and amendments thereto, regulating rights of way for telegraph companies over the public domain: And provided further, That any per

mission given by the Secretary of the Interior under the Rovocation of provisions of this act may be revoked by him or his suc

cessor in his discretion, and shall not be held to confer any right, or easement, or interest in, to, or over any public land, reservation, or park.

Approved, February 15, 1901 (31 Stat., 790).

permits.

permit.

servo.

An Act To exclude from the Yosemite National Park, California, certain lands therein described, and to attach and include the said lands in the Sierra Forest Reserve.

* Romainder Provided, That all those tracts or parcels of land demade part of Sierra Forest Re-scribed in section one of the said act of October first,

eighteen hundred and ninety, and not included within the metes and bounds of the land above described, be, and the same are hereby, included in and made part of

the Sierra Forest Reserve: And provided further, That Rights of way the Secretary of the Interior may require the payment of

i such price as he may deem proper for privileges on the

land herein segregated from the Yosemite National Park and made a part of the Sierra Forest Reserve accorded under the act approved February fifteenth, nineteen hundred and one, relating to rights of way over certain parks,

reservations, and other lands, and other acts concerning Receipts, used rights of way over public lands; and the moneys received semite National from the privileges accorded on the lands herein segrePark.

gated and included in the Sierra Forest Reserve shall be paid into the Treasury of the United States, to be expended, under the direction of the Secretary of the Interior, in the management, improvement, and protection of the forest lands herein set aside and reserved, which shall hereafter be known as the “Yosemite National Park." SEC. 2. That none of the lands patented and in private : Private lands

in, subject to forownership in the area hereby included in the Sierra Forest est laws. Reserve shall have the privileges of the lieu-land scrip provisions of the land laws, but otherwise to be in all respects under the laws and regulations affecting the forest reserves, and immediately upon the passage of this act all laws, rules, and regulations affecting forest reservations, including the right to change the boundaries thereof by executive proclamation, shall take effect and be in force within the limits of the territory excluded by this act from the Yosemite National Park, except as herein otherwise provided.

Approved, February 7, 1905 (33 Stat., 702).

tion, of couch to exe of the phall be allorest,

required.

Extract from an act making appropriations for the Department of

Agriculture, approved March 4, 1911 (36 Stat., 1293). That the head of the department having jurisdiction Rights of way over the lands be, and he hereby is, authorized and empowered, under general regulations to be fixed by him, to grant an easement for rights of way, for a period not exceeding fifty years from the date of the issuance of Grants allowed such grant, over, across, and upon the public lands, over public lands,

national forests, national forests, and reservations of the United States etc. for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for telephone and telegraph purposes, to the extent of twenty feet on each side of the center line of such electrical, telephone, and telegraph lines and poles, to any citizen, association, or corporation of the United States, where it is intended by such to exercise the right of way herein granted for any one or more of the purposes herein ,

ñ Official approv. named: Provided, That such right of way shall be allowed within or through. any national park, national forest, military, Indian, or any other reservation only upon the approval of the chief officer of the department under whose supervision or control such reservation falls, and upon a finding by him that the same is not incompatible with the public interest: Provided, That all or any part Forfeiture. of such right of way may be forfeited and annulled by declaration of the head of the department having jurisdiction over the lands for nonuse for a period of two years or for abandonment.

That any citizen, association, or corporation of the Existing per. United States to whom there has heretofore been issued a permit for any of the purposes specified herein under any existing law may obtain the benefit of this act upon the same terms and conditions as shall be required of citizens, associations, or corporations hereafter making application under the provisions of this statute.

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