43 U.S.C. § 942-1 : US Code - Section 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

Search 43 U.S.C. § 942-1 : US Code - Section 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

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,(!1) and 942-1 to 942-9
of this title and sections 607a and 615a of title 16 contained
shall be construed as impairing in any degree the title of any
State that may hereafter be erected out of the Territory of Alaska,
or any part thereof, to tide lands and beds of any of its navigable
waters, or the right of such State to regulate the use thereof, nor
the right of the United States to resume possession of such lands,
it being declared that all such rights shall continue to be held by
the United States in trust for the people of any State or States
which may on and after May 14, 1898, be erected out of said
Territory. The term "navigable waters," as herein used, shall be
held to include all tidal waters up to the line of ordinary high
tide and all nontidal waters navigable in fact up to the line of
ordinary high-water mark. All charges for the transportation of
freight and passengers on railroads in Alaska shall be printed and
posted as required by section 10762 (!1) of title 49, and such
rates shall be subject to revision and modification by the
Secretary of the Interior.