43-U.S.C.-942-1
§942-1 – §942-1. Rights of Way In Alaska; Railroad Rights of Way; Reservations; Water Transportation Connections; State Title to Submerged Lands; Federal Repossession As Trustee; “navigable Waters” Defined; Posting Schedules of Rates; Changes In Rates
Pathway
Title 43 > Chapter 22 > Section 942-1
Details
- Reference: Section 942-1
- Legend: §942-1 – §942-1. Rights of Way In Alaska; Railroad Rights of Way; Reservations; Water Transportation Connections; State Title to Submerged Lands; Federal Repossession As Trustee; “navigable Waters” Defined; Posting Schedules of Rates; Changes In Rates
- USCode Year: 2013
Provision Content
The right of way through the lands of the United States in Alaska is granted to any railroad company, duly organized under the laws of any State or Territory or by the Congress of the United States, which may on and after May 14, 1898, file for record with the Secretary of the Interior a copy of its articles of incorporation and due proofs of its organization under the same, to the extent of one hundred feet on each side of the center line of said road; also the right to take from the lands of the United States adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; also the right to take for railroad uses, subject to the reservation of all minerals and coal therein, public lands adjacent to said right of way for station buildings, depots, machine shops, side tracks, turn-outs, water stations, and terminals, and other legitimate railroad purposes, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road, excepting at terminals and junction points, which may include additional forty acres, to be limited on navigable waters to eighty rods on the shore line, and with the right to use such additional ground as may in the opinion of the Secretary of the Interior be necessary where there are heavy cuts or fills: Provided, That nothing herein contained shall be so construed as to give to such railroad company, its lessees, grantees, or assigns the ownership or use of minerals, including coal, within the limits of its right of way, or of the lands granted: Provided further, That all mining operations prosecuted or undertaken within the limits of such right of way or of the lands granted shall under rules and regulations to be prescribed by the Secretary of the Interior, be so conducted as not to injure or interfere with the property or operations of the road over its said lands or right of way. And when such railway shall connect with any navigable stream or tide water such company shall have power to construct and maintain necessary piers and wharves for connection with water transportation, subject to the supervision of the Secretary of the Treasury: Provided, That nothing in sections 687a, 687a–2 to 687a–5, of title 49, and such rates shall be subject to revision and modification by the Secretary of the Interior.
(May 14, 1898, ch. 299, §2, 30 Stat. 409.)
Repeal of Section
Section repealed by Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System.
References in Text
Sections 687a and 687a–2 to 687a–5 of this title, referred to in text, were repealed by Pub. L. 94–579, title VII, §§703(a), 704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.
Section 10762 of title 49, referred to in text, was omitted in the general amendment of subtitle IV of Title 49, Transportation, by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804. Previously, section 10762 of title 49 was substituted in text for section 6 of an Act to regulate commerce as amended on March second, eighteen hundred and eighty-nine [49 U.S.C. 6] on authority of Pub. L. 95–473, §3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV of Title 49.
Codification
Section was formerly classified to section 411 of Title 48, Territories and Insular Possessions.
Short Title
Sections 942–1 to 942–9 of this title are popularly known as the Alaska Right of Way Act.
Savings Provision
Repeal by Pub. L. 94–579 insofar as applicable to the issuance of rights-of-way not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
Admission of Alaska as State
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959. 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.
U.S. Encyclopedia of Law Coverage
Chapter 22 – Rights-of-Way and Other Easements In Public Lands in the Legal Encyclopedia: Public Lands
In this entry about Chapter 22 – Rights-of-Way and Other Easements In Public Lands, find legal reference material, bibliographies and premiere content related to public lands in the American Encyclopedia of Law, presenting a comprehensive view of the United States public lands-specific issues, written by authorities in the field.
43-U.S.C.-931C in the Legal Encyclopedia: Land
In this entry about 43-U.S.C.-931C, find legal reference material, bibliographies and premiere content related to land in the American Encyclopedia of Law, presenting a comprehensive view of the United States land-specific issues, written by authorities in the field.
43-U.S.C.-934 in the Legal Encyclopedia: Grants
In this entry about 43-U.S.C.-934, find legal reference material, bibliographies and premiere content related to grants in the American Encyclopedia of Law, presenting a comprehensive view of the United States grants-specific issues, written by authorities in the field.
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