Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.

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Chapter 714
Sections 2 | 3

Margin Notes
Chap. 714 Little Falls, Mille Lacs, and Lake Superior Railway Company granted right of way through Mille Lacs Indian Reservation, Minn.
Chap. 714 Location.
Chap. 714 Width.
Chap. 714 Construction material.
Chap. 714 Stations, etc.
Chap. 714 Grant of use of Lake shore lands.
Chap. 714 Location.
Chap. 714 Payment for use, and damages, to individual Indians.
Chap. 714 Proviso. Use of lands limited to certain railroad purposes.
Sec. 2 Compensation for damages, etc.
Sec. 2 Litigation.
Sec. 2 Payment to Indian tribe.
Sec. 2 Secretary of Interior to approve location, etc.
Sec. 2 Consent of Indians.
Sec. 2 Survey, etc.
Sec. 2 Provisos. Regulations.
Sec. 2 Lease or sale of lands prohibited.
Sec. 2 Limited use.
Sec. 2 Reversion of lands.
Sec. 3 Amendment, etc.

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Chapter 714
    July 22, 1890. | 26 Stat., 290.
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An act granting right of way to Little Falls, Mille Lacs, and Lake Superior Railroad across Mille Lacs Indian Reservation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby granted to the Little Falls, Mille Lacs, and Lake Superior Railway Company, a corporation organized and existing under the laws of the State of Minnesota, and its assigns, the right of way for the construction of a railroad through the Mille Lacs Indian Reservation in said State. Such right of way shall be seventy-five feet in width on each side of the central line of said railroad, and said company shall also have the right to take from the lands adjacent to the line of said road, material, stones, and earth necessary for the construction of said railroad; also grounds adjacent to such right of way for station buildings, depots, machine shops, side-tracks, turnouts, and water-stations, not to exceed in amount three hundred feet in width and three thousand feet in length for each station to the extent of two stations within the limits of said reservation.

And for the purpose of aiding the said company to construct a railroad to the navigable waters of Mille Lacs Lake, or navigable waters connected therewith, there is hereby granted to the said Little Falls, Mille Lacs, and Lake Superior Railroad the right to take and use three hundred and twenty acres of the lands in said reservation, to be by said Company selected at some place or point on the shore of Mille Lacs Lake, on the line of said railroad in said State, upon paying to the United States for the use of said Indians such sum as the Secretary of the Interior may direct, not less than one dollar and twenty-five cents for each and every acre thereof, and also whatever amount may be fixed by the Secretary of the Interior for such right and for the damages arising to any individual Indian for actual improvements which he or they may have thereon: Provided, That no part of said lands shall be used, directly or indirectly, for town-site purposes, it being the intention hereof that said land shall be held for general railroad purposes only, including stock-yards, warehouses, elevators,

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docks, and terminal and other facilities of and for said railroad, but nothing herein contained shall be construed to prevent any such railroad company from building upon such lands houses for the accommodation of their employees.

SEC. 2

That before said railroad shall be constructed through any land, claim or improvement held by individual occupants, according to any treaties or laws of the United States, compensation shall be made to such occupant or claimant for all property to be taken or damage done by reason of the construction of said railroad. In case of failure to make satisfactory settlement with any such claimant the just compensation shall be determined as provided for by the laws of Minnesota enacted for the settlement of like controversies in such cases. The amount of damage resulting to the Mille Lacs Indians in their tribal capacity, by reason of the construction of said railroad through such lands of the reservation as are not occupied in severalty, shall be ascertained in such manner as the Secretary of the Interior may direct and be subject to his final approval; 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 plats thereof, made upon actual survey for the definite location of such railroad, and including grounds for station buildings, depots, machine-shops, side-tracks, turn-outs, and water-stations, shall have been approved by the Secretary of the Interior, and until the compensation aforesaid shall have been fixed and paid and the consent of the Indians on said reservation to said right of way and as to the amount of said compensation shall have been first obtained in a manner as the President may prescribe. Said company is hereby authorized to enter upon such reservation for the purpose of surveying and locating its line of railroad: Provided, That said railroad shall be located, constructed, and operated with due regard to the rights of the Indians, and under such rules and regulations as the Secretary of the Interior shall prescribe: Provided, That no part of the lands herein authorized to be taken shall be leased or sold by the company, and they shall not be used except in such manner and for such purposes only as shall be necessary for the construction and convenient operation of said railway, telegraph, and telephone lines, and when any portion thereof shall cease to be used, such portion shall revert to the nation or tribe of Indians from which the same shall have been taken.

SEC. 3

Congress reserves the right to alter, amend or repeal this act.

Approved, July 22, 1890.

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