Filing plat. Immediate posses sion. Title. 1 Grant of land on The land hereby granted shall be located and selected by said company and its rights shall attach thereto when it shall have filed in the office of the Secretary of the Interior a plat thereof, with a copy thereof in the local land office. Said company shall have the right to enter on and possess said lands immediately, but title shall not vest until the railroad of said company shall have been completed to said points respectively. There is further hereby granted to said company Resurrection Bay. for similar purposes, on Resurrection Bay, two parcels of public land, one of an area of one and forty one-hundredths acres and the other of an area of twenty-eight one-hundredths acre, which lie between the line of mean high tide on said bay and the east line of the present right of way of the Alaska Central Railway and immediately east of the United States survey numbered seven hundred and twenty-six south and United States survey numbered seven hundred and twentysixth north, F. L. Ballaine soldier's additional homestead location, said two parcels being in addition to the land located by said company for terminal purposes on Resurrection Bay under the provisions of general law. Purchase of addi Third. There is hereby granted the said company the right to pur- tional land. chase at one dollar and twenty-five cents an acre the reserve tract between the homestead locations of Scheffler and Ravell on the north shore of Resurrection Bay, said reserve tract having the same depth from the water front as the adjoining homestead locations. Locating right of Fourth. Said company shall have the right to locate its right of way way along the navigable waters of Alaska and as near thereto as may be necessary for the safe, economical, and efficient construction and operation of its line of railway, any restriction, condition, reservation, or easement provided in, by, or under any Act of Congress to the contrary notwithstanding, and the right of way for its railway is granted to said company on Ressurrection Bay and at such other points as it may be found desirable to establish terminal facilities on, over, along, and across any roadway established along the shores of navigable waters under the Act of Congress of May fourteenth, eighteen hundred and ninety-eight. Fifth. Said company shall be exempt from license tax and tax on its railway and railway property during the period of construction and for five years thereafter: Provided, That the total period of exemption shall not exceed ten years from the time of the passage of this Act. Sixth. Congress reserves the right to alter, amend, or repeal this Act. Seventh. Nothing herein contained shall be taken as vacating or impairing the reserved shore roadway and riparian rights provided for under the said Act approved May fourteenth, eighteen hundred and ninety-eight. Approved, June 30, 1906. Vol. 30, p. 409. License-tax,etc, ex emption. Proviso. Amendment. Restriction. Vol. 30, p. 409. CHAP. 3922.-An Act To provide an American register for the steam yacht Waturus. June 30, 1906. [S. 6004.] [Public, No. 391.] rus." Steam yacht "Watu- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of Navigation be, and he is hereby, authorized and directed to cause the foreign-built steam yacht Waturus to be registered as a vessel of the. for, authorized. United States: Provided, That said vessel shall not at any time hereafter engage in the coasting trade under penalty of forfeiture. Approved, June 30, 1906. • Proviso. Coasting trade prohibited. 1 June 30, 1906. [S. 6167.] [Public, No. 392.] New Jersey seacoast. State authorized to along. Provisos. Restriction. CHAP. 3923.-An Act To improve the channels along the New Jersey seacoast. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That authority be given to the State of New Jersey, or, through it, to any commission, improve channels individual, corporation, or municipality, singly or collectively, designated by the legislature of said State, or by a commission appointed or authorized by said legislature, to improve the channels on the New Jersey seacoast, or any portion of said coast, or the waters adjacent thereto, lying between thirty-eight degrees fifty-six minutes and forty degrees twenty minutes north latitude, by dredging, or by the construction of piers, jetties, or breakwaters, or other river and harbor work of any description or nature adapted to attain the ends now pursued by the United States Government for the advantage of said coast or the relief of commerce: Provided, That such operations shall not encroach upon those portions of said coast, or the channels adjacent thereto, for which the United States Government may undertake similar Anglers work according to its own plans: And provided, That the plans for said work shall be placed on file with the Chief of Engineers of the War Department for thirty days, during which time he is authorized to disapprove said plans and forbid such work if, in his judgment, the improvements when completed will interfere with navigation or with any works of the United States Government commenced or proposed to be made: Provided further, That no tolls or other charges upon commerce shall be imposed by those making such improvements: And provided further, That this Act shall not be construed as affecting in any way the jurisdiction and control of the Federal Government over any waters that may be improved in pursuance of the provisions thereof, nor as exempting such waters from the operation of the laws. heretofore or hereafter enacted by Congress for the preservation and protection of navigable waters. by Chief of Engineers. Tolls forbidden. Jurisdiction. Amendment. June 30, 1906. [8. 6209.] [Public, No. 393.] Permanent system of highways in. New plan for a northwest section. Vol. 27, p. 532. SEC. 2. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, June 30, 1906. CHAP. 3924.-An Act Authorizing certain changes in the permanent system of highways in the District of Columbia. Be it enacted by the Senate and House of Representatives of the United District of Columbia. States of America in Congress assembled, That the Comune oners of the District of Columbia are hereby authorized to prepare a new highway plan for that portion of the District of Columbia lying north of Ordway street, south of Rodman street, east of Reno road, and west of Connecticut Avenue Highlands subdivision, under the provisions contained in the Act of Congress approved March second, eighteen hundred and ninety-three, entitled "An Act to provide a permanent system of highways in that part of the District of Columbia lying outside of cities," and an amendment to said Act approved June twentyeighth, eighteen hundred and ninety-eight; that upon the completion and recording of said new highway plan it shall take the place of and stand for any previous plan for said portion of the District of Columbia. Vol. 30, p. 519. June 80, 1906. [S. 6256.] [Public, No. 394.] Approved, June 30, 1906. CHAP. 3925.-An Act To authorize the Lake Schutte Cemetery Corporation to convey lands heretofore granted to it. Be it enacted by the Senate and House of Representatives of the United Lake Schutte Ceme- States of America in Congress assembled, That the Lake Schutte Cemetery Corporation, of Dunseith, North Dakota, be, and the same May sell, etc., cer- is hereby, authorized and empowered to sell and convey in fee simple tery Corporation, Dunseith, N. Dak. tain land. all or any part of the south half of the northwest quarter of section thirty, township one hundred and sixty-two north, range seventy-two west, in the State of North Dakota, and that the person or persons to whom the same shall be conveyed shall take and hold the lands so conveyed free and clear of any limitation placed on the use thereof by Vol. 30, p. 916. the Act under which said lands were granted to said corporation. Approved, June 30, 1906. CHAP. 3926.-An Act Authorizing and directing the Secretary of the Interior to sell to the city of Los Angeles, California, certain public lands in California; and granting rights in, over, and through the Sierra Forest Reserve, the Santa Barbara Forest Reserve, and the San Gabriel Timber Land Reserve, California, to the city of Los Angeles, California. 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 city of Los Angeles, California, a municipal corporation of the State of California, all necessary rights of way, not to exceed two hundred and fifty feet in width, over and through the public lands of the United States in the counties of Inyo, Kern, and Los Angeles, State of California, and over and through the Sierra and Santa Barbara forest reserves and the San Gabriel Timber Land Reserve, in said State, for the purpose of constructing, operating, and maintaining canals, ditches, pipes and pipe lines, flumes, tunnels, and conduits for conveying water to the city of Los Angeles, and for the purpose of constructing, operating, and maintaining power and electric plants, poles and lines for the generation and distribution of electric energy, together with such lands as the Secretary of the Interior may deem to be actually necessary for power houses, diverting and storage dams and reservoirs, and necessary buildings and structures to be used in connection with the construction, operation, and maintenance of said water, power, and electric plants, whenever said city shall have filed, as hereinafter provided, and the same shall have been approved by the Secretary of the Interior, a map or maps showing the boundaries, locations, and extent of said proposed rights of way for the purposes hereinabove set forth. to approve plans, etc. Maps. Provisos. Changes. SEC. 2. That within one year after the passage of this Act the city Secretary of Interior of Los Angeles shall file with the registers of the United States Land offices in the districts where the lands traversed by said rights of way are located, a map or maps showing the boundaries, locations, and extent of said proposed rights of way, for the purposes stated in section one of this Act; but no construction work shall be commenced on said land until said map or maps have been filed as herein provided and approved by the Secretary of the Interior: Provided, however, That any changes of location of said rights of way may be made by said city of Los Angeles, within two years after the filing of said map or maps, by filing such additional map or maps as may be necessary to show such changes of location, said additional map or maps to be filed in the same manner as the original map or maps; and the approval of the Secretary of the Interior of said map or maps showing changes of location of said rights of way shall operate as an abandonment by the city of Los Angeles to the extent of such change or changes, of the rights of way indicated on the original maps: And provided further, That any rights inuring to the city of Los Angeles Rights begin with under this Act shall, on the approval of the map or maps referred to herein by the Secretary of the Interior, relate back to the date of the filing of said map or maps with the register of the United States land office as provided herein. filing of map. Protection to home stead, SEC. 3. That the rights of way hereby granted shall not be effective over any land upon which homestead, mining, or other existing valid claims, mining, etc., VOL XXXIV, PT 1- -51 Compensation. Proviso. affected. claims shall have been filed or made until the city of Los Angeles shall have procured proper relinquishments of all such entries and claims, or acquired title by due process of law and just compensation paid to said entry men or claimants and caused proper evidence of such fact to be filed with the Secretary of the Interior: Provided, however, Prior rights, etc., not That this Act shall not apply to any lands embraced in rights of way heretofore approved under any Act of Congress, nor affect the adjudication of any pending applications for rights of way by the owner or owners of existing water rights, and that no private right, title, interest, or claim of any person, persons, or corporation, in'or to any of the lands traversed by or embraced in said right of way shall be. interfered with or abridged, except with the consent of the owner or owners or claimant or claimants thereof, or by due process of law, and just compensation paid to such owner or claimant. Forest reserve regulations. ber prohibited. Exception. Provisos. SEC. 4. That the city of Los Angeles shall conform to all regulaCutting, etc., of tim- tions adopted and prescribed by the Secretary of Agriculture governing the forest reserves, and shall not take, cut, or destroy any timber within the forest reserves, except such as may be actually necessary to remove to construct its power plants and structures, poles and flumes, storage dams and reservoirs, and it shall pay to the Forest Service of the Department of Agriculture the full value of all timber and wood cut, used, or destroyed on any of the rights of way and lands within forest reserves hereby granted: Provided further, Bridges and fences. That the city shall construct and maintain in good repair bridges or other practicable crossings over its rights of way within the forest reserves when and where directed in writing by the Forester of the United States Department of Agriculture, and elsewhere on public lands along the line of said works as required by the Secretary of the Interior; and said grantee shall, as said waterworks are completed, if directed by the Secretary of the Interior, construct and maintain along each side of said right of way a lawful fence as defined by the laws of the State of California, with such lanes or crossings for domestic animals Removal of débris, as the aforesaid officers shall require: Provided further, That the city of Los Angeles shall clear its rights of way within forest reserves of any débris or inflammable material as directed by the Forrester of Free use of wagon the United States Department of Agriculture: Provided further, That the said city shall allow any wagon road which it may construct within forest reserves to be freely used by forest officers and the officers of the Interior Department and by the public, and shall allow to the Forest Service of the United States Department of Agriculture Use of telephone, and to the officers of the Interior Department, for official business only, the free use of any telephones, telegraphs, or electric railroads it may construct and maintain within the forest reserves or on the public lands, together with the right to connect with any such telephone lines private telephone wires for the exclusive use of said Forest Service or of the Interior Department: And provided further, Forest Service ad- That the Forest Service may, within forest reserves, protect, use, etc. roads.. etc., for official busi ness. ministration, etc. Owens River project. geles for surveys, etc. Payment by Los An- Amount. and administer said land and resources within said rights of way under forest-reserve laws and regulations, but in so doing must not interfere with the full enjoyments of the right of way by the city of Los Angeles: And provided further, That in the event that the Secretary of the Interior shall abandon the project known as the Owens River project for the irrigation of lands in Inyo County, California, under the Act of June seventeenth, nineteen hundred and two, the city of Los Angeles, in said State, is to pay to the Secretary of the Interior, for the account of the reclamation fund established by said Act, the amount expended for preliminary surveys, examinations, and river measurements, not exceeding fourteen thousand dollars, and in consideration of said payment the said city of Los Angeles is to have Preference right to the benefit of the use of the maps and field notes resulting from Price. Lands on Bishop Easements. Proviso. SEC. 5. That all lands over which the rights of way mentioned in this Act shall pass. shall be disposed of subject to such easements: Provided, however, That if construction of said waterworks shall not have been begun in good faith within five years from the date of approval of this Act, or if after such period of five years there shall be a cessation of such construction for a period of three consecutive years, then all rights hereunder shall be forfeited to the United States. SEC. 6. That the city of Los Angeles is prohibited from ever selling Right to sell or subor letting to any corporation or individual, except a municipality, the right for such corporation or individual to sell or sublet the water sold or given to it or him by the city. SEC. 7. That the right to amend, alter, or repeal this Act at any time is hereby reserved. Approved, June 30, 1906. let water restricted. Amendment. CHAP. 3927.-An Act To authorize the Alaska Pacific Railway and Terminal Company to construct a railroad trestle across tide and shore lands in Controller Bay, in the Territory of Alaska. June 30, 1906. [S. 6522.] [Public, No. 396.] Controller Bay, Alaska. Alaska Pacific Railway and Terminal across. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Alaska Pacific Railway and Terminal Company, a corporation organized under the laws of the State of Washington, its successors and assigns, be, and they Company may conare hereby, authorized to construct, maintain, and operate a railroad struct railroad trestle trestle and approaches thereto across the tide and shore lands in Controller Bay from the mainland to Whale Island, in the Territory of Alaska, the mainland terminus and approaches of said railroad trestle to be located at or near a point six hundred feet east of the southeast corner of United States survey numbered five hundred and seventytwo, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March twenty-third, nineteen hundred and six. Ante, p. 84. SEC. 2. That the right to alter, amend, or repeal this Act is hereby Amendment. expressly reserved. Approved, June 30, 1906. |