Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.
|Chap. 219||Clearwater Valley Railroad granted right of way through Nez Perces lands, Idaho.
See note to 1888, ch. 717, ante, p.288.
|Sec. 2||Width, etc.|
|Sec. 2||Ground for stations.|
|Sec. 3||Tribal lands.|
|Sec. 6||Railroad rights on public lands.
18 Stat., 482.
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 Clearwater Valley Railroad Company, a corporation organized and existing under the laws of the State of Oregon, and its successors and assigns, for the construction and operation of its railroad and telegraph line through the Nez Perces Indian Reservation in the State of Idaho, and also through lands formerly embraced within said reservation which have been allotted to the individual members of the Nez Perces tribe of Indians, beginning at a point on the western boundary of the said Nez Perces Indian Reservation in section twenty-five, township thirty-six north, range five west of the Boise meridian, on the north bank of the Clearwater River; thence along the north bank of the said Clearwater River in an easterly direction to a point in township thirty-six north, range four west of the Boise meridian, nearly opposite the mouth of Lapwai Creek; thence crossing to the south bank of the said Clearwater River to a point within the said Indian agency grounds in said section twenty-two, township thirty-six north, range four west of the Boise meridian; thence along said south bank of the Clearwater River to the mouth of Big Canyon, in section three, township thrity-six north, range one west of the Boise meridian; thence up the Big Canyon in a southeasterly direction to the junction of Big Canyon and Little Canyon, in township thirty-six north, range one west of the Boise meridian; thence up the valley of the Little Canyon in a general easterly direction to the Boise meridian in township thirty-six north; thence along the valley of the Little Canyon in a general southerly and southwesterly direction through townships thirty-six, thirty-five, and thirty-four north, range one east of the Boise meridian; thence along the valley of said Little Canyon through township thirty-four north, range one west of the Boise meridian, to a divide in said township between the watersheds of Little Canyon and Lawyers Canyon; thence in a southwesterly direction through said township thirty-four north, range one west of the Boise meridian, to the township line between township thrity-three and thirty-four north, range one west of the Boise meridian; thence in a general southwesterly direction through township thirty-three north, range one west of the Boise meridian, to the township line between townships thirty-two and thirty-three north, range one west of the Boise meridian; thence in a southerly and easterly direction through township thirty-two north, range one west of the Boise meridian, to the said Boise meridian; thence in a general southerly and easterly direction through township thirty-two north, range one east of the Boise meridian, to the south boundary line of said Nez Perces Indian Reservation.
That the right of way hereby granted 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 and 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 one station for each ten miles of road.
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 such occupant or claimant for all property to be taken or damage done by reason of the construction of such railroad. In case of failure to make satisfactory settlement with any such claimant the district court of the State of Idaho for the county within which such land may be situated shall have jurisdiction, upon petition of either party, to determine such just compensation in accordance with the laws of the State of Idaho provided for determining the damage when property is taken for railroad purposes, and such compensation shall be determined as provided for by the laws of the State of Idaho; and the amount of damages resulting to the tribe of Indians pertaining to such reservation in their tribal capacity by reason of the construction of said railroad through such lands of the reservation as are not occupied in severalty, and the time and manner of making payment therefor, shall be ascertained and determined in such manner as the Secretary of the Interior may direct, and be subject to his final approval.
That said company shall cause maps showing the route of its line through said reservation and allotted lands, including the grounds for station buildings, depots, machine shops, side tracks, turn-outs, and water stations to be filed in the office of the Secretary of the Interior before constructing any portion of said railroad.
That the rights herein granted shall be forfeited by said company unless the road shall be constructed through the said reservation and allotted lands within three years after the passage of this Act.
That nothing herein contained shall restrict or impair the rights which said company may now have or hereafter acquire to the benefits and provisions of the Act of Congress approved March third, eighteen hundred and seventy-five, entitled An Act granting to rail roads the right of way through the public lands of the United States.
Approved, February 28, 1899.