forfeiture, etc. SEC. 4. That if any such company shall fail to construct, Construction, 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: Provided, That the Secretary may, when he deems proper, tion. extend, for a period not exceeding two years, the time for the completion of any road for which right of way has been granted and a part of which shall have been built. of Extension time for comple Annual rental. 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 Passenger and not otherwise prescribed by law, may be prescribed by the dian Territory. Secretary 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 PostOffice Department. freight rates, In Railroad rights on public lands. SEC. 6. That the provisions of section two of the act of 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," 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 Regulations. 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). Extract from the Indian appropriation act, approved June 21, 1906 (34 Stat., 330). Amendment. Indian That section 2 of an act of Congress entitled "An act to Right of way through provide for the acquiring of rights of way of railroad com- lands. panies 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 so as to read as follows: "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, For etc., increased. except where there are heavy cuts and fills, when it shall not exceed one hundred feet in width on each side of the 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." Secretary of the Interior may TELEGRAPH AND TELEPHONE LINES THROUGH INDIAN LANDS. Extract from the Indian appropriation act, approved March 3, 1901 (31 SEC. 3. That the Secretary of the Interior is hereby grant rights of authorized and empowered to grant a right of way, in way for tele- the nature of an easement, for the construction, operathrough Indian tion, and maintenance of telephone and telegraph lines phones, etc., reservations. Damages. and offices for general telephone and telegraph business through any Indian reservation, through any lands held by an Indian tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose 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, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from the Secretary of the Interior, and the maps of definite location of the lines shall be subject to his approval. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval; and where such lines are not subject to State or Territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding five dollars for each ten miles of line so constructed and maintained; and all such lines shall be constructed and maintained under such rules and regulations as said Secretary may prescribe. But nothing herein contained shall be so No exemption construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or municipal authority; and Congress hereby expressly reserves the Regulating tolls right to regulate the tolls or charges for the transmission of messages over any lines constructed under the provisions of this act: Provided, That incorporated cities and towns into or through which such telephone or tele Annual tax. Regulations. from State tax. reserved. on of con graphic lines may be constructed shall have the power to Rights of towns regulate the manner of construction therein, and noth-struction. ing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities. * * * of lands allotted That lands allotted in severalty to Indians may be condemnation condemned for any public purpose under the laws of the in severalty. State or Territory where located in the same manner as land owned in fee may be condemned, and the money awarded as damages shall be paid to the allottee. through Indian SEC. 4. That the Secretary of the Interior is hereby, Secretary of the authorized to grant permission, upon compliance with grant permission such requirements as he may deem necessary, to the throne highway proper State or local authorities for the opening and reservations, etc. establishment of public highways, in accordance with the laws of the State or Territory in which the lands are situated, through any Indian reservation or through any lands which have been allotted in severalty to any individual Indians under any laws or treaties but which have not been conveyed to the allottees with full power of alienation. PIPE LINES THROUGH INDIAN LANDS. An Act Authorizing the Secretary of the Interior to grant right of way for pipe lines through Indian lands. Be it enacted by the Senate and House of Representa- Indian lands. tives of the United States of America in Congress assem granted to oil and bled, That the Secretary of the Interior is hereby authorized and empowered to grant a right of way in the nature Right of way of an easement for the construction, operation, and pipe line, etc. maintenance of pipe lines for the conveyance of oil and gas through any Indian reservation, through any lands held by an Indian tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or an Indian school, or for other purpose 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, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from, and the maps of definite location of said lines approved by, the Secretary of the Interior: Provided,, Secretary of the That the construction of lateral lines from the main pipe prove location. line establishing connection with oil and gas wells on the lines. individual allotments of citizens may be constructed without securing authority from the Secretary of the Interior and without filing maps of definite location, when the consent of the allottee upon whose lands oil or gas wells may be located and of all other allottees through whose lands said lateral pipe lines may pass has Lateral pipe Pipe lines laid been obtained by the pipe line company: Provided further, under railroads. That in case it is desired to run a pipe line under the line of any railroad, and satisfactory arrangements can not be made with the railroad company, then the question shall be referred to the Secretary of the Interior, who shall prescribe the terms and conditions under which the pipe line company shall be permitted to lay its lines Compensation. under said railroad. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval. And where such lines are not subject to State or Territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding five dollars for each ten miles of line so constructed and maintained under such rules and regulations as said Secretary may prescribe. But nothing No exemption herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Rights of incor- Territorial, or municipal authority. And incorporated cities and towns into and through which such pipe lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities, and nothing Use of right of herein shall authorize the use of such right of way except Annual tax. from State taxes. porated cities. way restricted. Time limit. Amendment. for pipe line, and then only so far as may be necessary for its construction, maintenance, and care: Provided, That the rights herein granted shall not extend beyond a period of twenty years: Provided further, That the Secretary of the Interior, at the expiration of said twenty years, may extend the right to maintain any pipe line constructed under this act for another period not to exceed twenty years from the expiration of the first right, upon such terms and conditions as he may deem proper. SEC 2. The right to alter, amend, or repeal this act is expressly reserved. Approved, March 11, 1904 (33 Stat., 65). SALES OF PUBLIC LANDS. See "Isolated Tracts." Page 157 308, 309 Public lands generally are not subject to sale. See acts of Act of March 3, 1909 (35 Stat., 1099)-Agreement to prevent UNITED STATES REVISED STATUTES. 305 308 309 309 309 lands in half SEC. 2353. All the public lands, the sale of which is Public sale of authorized by law, shall, when offered at public sale to quarter-sections. the highest bidder, be offered in half quarter-sections. SEC. 2354. All the public lands, when offered at private Private sales in sale, may be purchased at the option of the purchaser in entire sections, half-sections, quarter-sections, half quarter-sections, or quarter quarter-sections. what bodies. proceedings in. sales of public SEC. 2355. Every person making application at any of Private sales, the land offices of the United States for the purchase at private sale of a tract of land shall produce to the register a memorandum in writing, describing the tract, which he shall enter by the proper number of the section, halfsection, quarter-section, half quarter-section, or quarter quarter-section, as the case may be, and of the township and range, subscribing his name thereto, which memorandum the register shall file and preserve in his office. SEC. 2356. Credit shall not be allowed for the purchase- No credit money on the sale of any of the public lands, but every lands. purchaser of land sold at public sale shall, on the day of purchase, make complete payment therefor; and the purchaser at private sale shall produce to the register of the land-office a receipt from the Treasurer of the United States, or from the receiver of public moneys of the district, for the amount of the purchase-money on any tract, before he enters the same at the land-office; and if any person, being the highest bidder at public sale for a tract of land, fails to make payment therefor on the day on which the same was purchased, the tract shall be again offered at public sale on the next day of sale, and such person shall not be capable of becoming the purchaser of that or any other tract offered at such public sales. SEC. 2357. The price at which the public lands are offered for sale shall be one dollar and twenty-five cents 61002°-S. Doc. 547, 64-1-20 Price of lands $1.25 per acre. 305 |