Acts of 53rd Congress, Third Session, 1895
Chapter 81
Chapter 81
Feb. 12, 1895.
28 Stat., 653.
An act granting right of way to the Forest City and Sioux City Railroad Company through the Sioux Indian Reservation.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way is hereby granted, as hereinafter set forth, to the Forest City and Sioux City Railroad Company, a corporation duly organized under the general incorporation laws of the Territory of Dakota, its successors or assigns, for the construction, operation, and maintenance of its railroad through the lands set apart for the use of the Sioux Indians, and commonly known as the Sioux Indian Reservation, beginning at a point on the west bank of the Missouri River in Dewey County, South Dakota, opposite Forest City, Potter County, South Dakota, running thence by the most practicable route in a southwesterly course between the Cheyenne and Moreau rivers to the city of Deadwood or Rapid City, South Dakota: Provided, That no part of the lands herein granted shall be used except in such manner and for such purposes only as are necessary for the construction and convenient operation of said railroad line, and when any portion thereof shall cease to be used by said railway company such portion shall revert to the tribe of Indians from which the same shall be taken.
SEC. 2
That the right of way hereby granted to said company shall be fifty feet in width on each side of the central line of said railroad as aforesaid; and said company shall also have the right to take from said lands adjacent to the line of said road material, stone, earth, and timber necessary for the construction of said railroad; also ground adjacent to such right of way for station buildings, depots, machine shops, side tracks, turn-outs, and water stations, not to exceed in amount two hundred feet in width and three thousand feet in length for each station, to the extent of one station for each ten miles of its road. That whenever said right of way is on land opened for settlement and belonging to the Government said company shall be granted said right of way, in accordance with the provisions 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,” except that said right of way shall be granted to the extent hereinbefore provided.
SEC. 3
That it shall be the duty of the Secretary of the Interior to fix the amount of compensation to be paid the Indians for such right of way, and provide the time and manner for the payment thereof, and also to ascertain and fix the amount of compensation to be made individual members of the tribe for damages sustained by them by reason of the construction of said road; but no right of any kind shall vest in said railway company in or to any part of the right of way herein
provided for until the consent of such Indians as are entitled to such compensation shall be obtained thereto in such manner as the President of the United States shall direct, and until plats thereof, made upon actual survey for the definite location of such railroad, and including the points for station buildings, depots, machine shops, side tracks, turn-outs, and water stations, shall be filed with and approved by the Secretary of the Interior, and until the compensation aforesaid has been fixed and paid; and the surveys, construction, and operation of such railroad shall be conducted with due regard for the rights of the Indians and in accordance with such rules and regulations as the Secretary of the Interior may make to carry out this provision.
SEC. 4
That said company shall not assign or transfer or mortgage this right of way for any purpose whatever until said road shall be completed: Provided, That the company may mortgage said franchise, together with the rolling stock, for money to construct and complete said road: And provided further, That the right granted herein shall be lost and forfeited by said company unless the road is constructed and in running order within three years from the passage of this Act.
SEC. 5
That Congress shall have at all times power to alter, amend, or repeal this Act and revoke all rights hereunder.
Approved, February 12, 1895.
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