Contribution to public street. Approval of maintenance of railway. Use of tracks by other ways. Reversion. Secretary of War, and shall be maintained and operated subject to such rules and regulations as he or the commander at the said post may from time to time prescribe. SEC. 5. That the licensee shall bear one-third of the 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. SEC. 6. That the maintenance and operation of said 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 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). RAILROAD RIGHTS OF WAY THROUGH INDIAN 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 way to railroads lands. Indian sembled, That a right of way for a railway, telegraph General right of and telephone line through any Indian reservation in through any State or Territory, or through any lands held by an 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 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 Approval of the Interior. 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." Additional SEC. 2. That such right of way shall not exceed fifty Width. 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 station buildings, depots, machine shops, side tracks, turn- grounds for buildouts, and water stations, not to exceed one hundred feet ings. 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 Territory. 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 lands." 13 Amended by the act of June 21, 1906. Appraisal. to improvements and adjacent lands, which compensation shall be determined and paid under the direction of the Secretary of the Interior, in such manner as he may prescribe. Before any such railroad shall be constructed through any land, claim, or improvement, held by individual occupants or allottees in pursuance of any treaties or laws of the United States, compensation shall be made to such occupant or allottee for all property to be taken, or damage done, by reason of the construction of such railroad. In case of failure to make amicable settlement with any such occupant or allottee, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed by the Secretary of the Interior, who, before entering upon the duties of their appointment, shall take and subscribe before competent authority an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award to the Secretary of the Interior. If the referees can not agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right within sixty days after the making of the award and notice of the same, to appeal, in case the land in question is in the Indian Territory, by original petition to the United States court in the Indian Territory sitting at the place nearest and most convenient to the property sought to be condemned; and if said land is situated in any State or Territory other than the Indian Territory, then to the United States district court for such State or Territory, where the case shall be tried de novo and the judgment for damages rendered by the court shall be final and conConstruction to clusive. When proceedings are commenced in court as posit of the aforesaid, the railroad company shall deposit the amount of the award made by the referees with the court to abide the judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railway. Each of the referees shall receive for his compensation the sum of four dollars per day while engaged in the hearing of any case Fees, costs, etc. submitted to them under this Act. Witnesses shall re Appeal. commence on de award. Construction, forfeiture, etc. ceive the fees usually allowed by courts within the district where such land is located. Costs, including compensation of the referees, shall be made part of the award or judgment, and be paid by such railroad com pany. SEC. 4. That if any such company shall fail to construct and put in operation one-tenth of its entire line in one year, or to complete its road within three years after the approval of its map of location by the Secretary of the Interior, the right of way hereby granted shall be deemed forfeited and abandoned ipso facto as to that portion of the road not then constructed and in operation: Pro Extension of Annual rental. vided, That the Secretary may, when he deems proper, time for comple extend, for a period not exceeding two years, the time for tion. the completion of any road for which right of way has been granted and a part of which shall have been built. SEC. 5. That where a railroad is constructed under the provisions of this Act through the Indian Territory there shall be paid by the railroad company to the Secretary of the Interior, for the benefit of the particular nation or tribe through whose lands the road may be located, such an annual charge as may be prescribed by the Secretary of the Interior, not less than fifteen dollars for each mile of road, the same to be paid so long as said land shall be owned and occupied by such nation or tribe, which payment shall be in addition to the compensation otherwise required herein. And within the Indian Territory upon any railroad constructed under the provisions of this Act the rates and charges for passenger and freight service, if not otherwise prescribed by law, may be prescribed by the freight rates, InSecretary of the Interior from time to time, and the grants herein are made upon condition that the companies shall transport mails whenever required to do so by the Post-Office Department. Passenger and dian Territory. SEC. 6. That the provisions of section two of the Act of Railroad rights March third, eighteen hundred and seventy-five, entitled on public lands. "An Act granting to railroads the right of way through the public lands of the United States," are hereby extended and made applicable to rights of way granted under this Act and to railroad companies obtaining such rights of way. SEC. 7. That the Secretary of the Interior shall make all needful rules and regulations, not inconsistent herewith, for the proper execution and carrying into effect of all the provisions of this Act. SEC. 8. That Congress hereby reserves the right at any time to alter, amend, or repeal this Act, or any portion thereof. Approved, March 2, 1899 (30 Stat. 990). An Act To provide for determining the heirs of deceased Indians, for the disposition and sale of allotments of deceased Indians, for the leasing of allotments, and for other purposes. * Regulations. Amendment. Right of way SEC. 16. That section one of the Act entitled "An Act through Indian to provide for the acquiring of rights of way by railroad lands. companies through Indian reservations, Indian lands, and Indian allotments, and for other purposes," approved March second, eighteen hundred and ninety-nine, be, and the same hereby is, amended by adding thereto the following: Stations re "Provided also, That as a condition precedent to each quired on town and every grant of a right of way under authority of this sites. Act, each and every railway company applying for such grant shall stipulate that it will construct and perma Right of way through Indian lands. Width. etc., increased. nently maintain suitable passenger and freight stations for the convenience of each and every town site established by the Government along said right of way." * * Approved, June 25, 1910 (36 Stat. 855). * Extract from the Indian appropriation Act, approved June 21, 1906 (34 Stat. 325-330). That section two of an Act of Congress entitled "An Act to provide for the acquiring of rights of way of railroad companies through Indian reservations, Indian lands, and Indian allotments, and for other purposes," approved March second, eighteen hundred and ninetynine, be, and the same hereby is, amended so as to read as follows: "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 For stations, road and may include grounds adjacent thereto for station buildings, depots, machine shops, side tracks, turnouts, and water stations, not to exceed two hundred feet in width by a length of three thousand feet, and not more than one station to be located within any one continuous length of ten miles of road." panies may con rights of way on, DISPOSITION OF PART OF RIGHT OF WAY. An Act Authorizing certain railroad companies, or their successors in interest, to convey for public-road purposes certain parts of their rights of way. Be it enacted by the Senate and House of RepresentaPublie lands. tives of the United States of America in Congress assemRailroad com bled, That all railroad companies to which grants for vey portion of rights of way through the public lands have been made for highways, etc. by Congress, or their successors in interest or assigns, are hereby authorized to convey to any State, county, or municipality any portion of such right of way to be used as a public highway or street: Provided, That no such conveyance shall have the effect to diminish the right of way of such railroad company to a less width than fifty feet on each side of the center of the main track of the railroad as now established and maintained. Proviso. Approved, May 25, 1920 (41 Stat. 621). |