43 U.S.C. § 942-6 : US Code - Section 942-6: Rights of way for Alaskan wagon roads, wire rope, aerial, or other tramways; reservations; filing preliminary survey and map of location; alteration, amendment, repeal, or grant of equal rights; forfeiture of rights; reversion of grant; liens

Search 43 U.S.C. § 942-6 : US Code - Section 942-6: Rights of way for Alaskan wagon roads, wire rope, aerial, or other tramways; reservations; filing preliminary survey and map of location; alteration, amendment, repeal, or grant of equal rights; forfeiture of rights; reversion of grant; liens

The Secretary of the Interior is authorized to issue a permit, by
instrument in writing, in conformity with and subject to the
restrictions herein contained, unto any responsible person,
company, or corporation, for a right of way over the public domain
in Alaska, not to exceed one hundred feet in width, and ground for
station and other necessary purposes not to exceed five acres for
each station for each five miles of road, to construct wagon roads
and wire rope, aerial, or other tramways, and the privilege of
taking all necessary material from the public domain in said
district for the construction of such wagon roads or tramways,
together with the right, subject to supervision and at rates to be
approved by said Secretary, to levy and collect toll or freight and
passenger charges on passengers, animals, freight, or vehicles
passing over the same for a period not exceeding twenty years, and
said Secretary is also authorized to sell to the owner or owners of
any such wagon road or tramway, upon the completion thereof, not to
exceed twenty acres of public land at each terminus at $1.25 per
acre, such lands when located at or near tide water not to extend
more than forty rods in width along the shore line and the title
thereto to be upon such expressed conditions as in his judgment may
be necessary to protect the public interest, and all minerals,
including coal, in such right of way or station grounds shall be
reserved to the United States: Provided, That such lands may be
located concurrently with the line of such road or tramway, and the
plat of preliminary survey and the map of definite location shall
be filed as in the case of railroads and subject to the same
conditions and limitations: Provided further, That such rights of
way and privileges shall only be enjoyed by or granted to citizens
of the United States or companies or corporations organized under
the laws of a State or Territory; and such rights and privileges
shall be held subject to the right of Congress to alter, amend,
repeal, or grant equal rights to others on contiguous or parallel
routes. And no right to construct a wagon road on which toll may be
collected shall be granted unless it shall first be made to appear
to the satisfaction of the Secretary of the Interior that the
public convenience requires the construction of such proposed road,
and that the expense of making the same available and convenient
for public travel will not be less on an average than $500 per
mile: Provided, That if the proposed line of road in any case shall
be located over any road or trail in common use for public travel,
the Secretary of the Interior shall decline to grant such right of
way, if, in his opinion, the interests of the public would be
injuriously affected thereby. Nor shall any right to collect toll
upon any wagon road in Alaska be granted or inure to any person,
corporation, or company until it shall be made to appear to the
satisfaction of said Secretary that at least an average of $500 per
mile has been actually expended in constructing such road: and all
persons are prohibited from collecting or attempting to collect
toll over any wagon road in Alaska, unless such person or the
company or person for whom he acts shall at the time and place the
collection is made or attempted to be made possess written
authority, signed by the Secretary of the Interior, authorizing the
collection and specifying the rates of toll: Provided, That
accurate printed copies of said written authority from the
Secretary of the Interior, including toll, freight, and passenger
charges thereby approved, shall be kept constantly and
conspicuously posted at each station where toll is demanded or
collected. And any person, corporation, or company collecting or
attempting to collect toll without such written authority from the
Secretary of the Interior, or failing to keep the same posted as
herein required, shall be deemed guilty of a misdemeanor, and on
conviction thereof shall be fined for each offense not less than
$50 nor more than $500, and in default of payment of such fine and
costs of prosecution shall be imprisoned in jail not exceeding
ninety days, or until such fine and costs of prosecution shall have
been paid.
Any person, corporation, or company qualified to construct a
wagon road or tramway under the provisions of this section that may
prior to May 14, 1898, have constructed not less than one mile of
road, at a cost of not less than $500 per mile, or one-half mile of
tramway at a cost of not less than $500, shall have the prior right
to apply for such right of way and for lands at stations and
terminals and to obtain the same pursuant to the provisions of this
section over and along the line hitherto constructed or actually
being improved by the applicant, including wharves connected
therewith. If any party to whom license has been granted to
construct such wagon road or tramway shall, for the period of one
year, fail, neglect, or refuse to complete the same, the rights
herein granted shall be forfeited as to any such uncompleted
section of said wagon road or tramway, and thereupon shall revert
to the United States without further action or declaration, the
notation of such uncompleted section upon the records of the land
office shall be cancelled, and the reservations of such lands for
the purposes of said right of way shall cease and become null and
void, without further action. And if such road or tramway shall not
be kept in good condition for use, the Secretary of the Interior
may prohibit the collection of toll thereon pending the making of
necessary repairs.
All mortgages executed by any company acquiring a right of way
under 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, upon any portion
of its road that may be constructed in Alaska, shall be recorded
with the Secretary of the Interior, and the record thereof shall be
notice of their execution, and shall be a lien upon all the rights
and property of said company as therein expressed, and such
mortgage shall also be recorded in the office of the secretary of
the Territory of Alaska and in the office of the secretary of the
State or Territory wherein such company is organized. All lawful
claims of laborers, contractors, subcontractors, or materialmen,
for labor performed or material furnished in the construction of
the railroad, tramway, or wagon road shall be a first lien thereon
and take precedence of any mortgage or other lien.