43 U.S.C. § 943 : US Code - Section 943: Right of way for railroads; reserved lands in Minnesota

Search 43 U.S.C. § 943 : US Code - Section 943: Right of way for railroads; reserved lands in Minnesota

All lands in the State of Minnesota described in and withdrawn
from sale by the proclamations of the President of the United
States for the reason that said lands would be required for or
subject to flowage in the construction of dams, reservoirs, and
other works proposed to be erected for the improvement of the
navigation of the Mississippi River and certain of its tributaries,
are declared to be, and to have been at all times prior to February
27, 1901, subject to the provisions of sections 934 to 939 of this
title as fully, effectually, and to the same extent as though said
lands had not been described in said proclamations, or withdrawn
from sale thereby, but had remained with the body of public lands
subject to private entry and sale: Provided, however, That any and
all parts of said lands acquired by any railroad company under said
sections shall at all times be subject to the right of flowage
which at any time may become necessary in the construction or
maintenance of dams, reservoirs, or other works which may be
constructed or erected by or under the authority of the United
States for the improvement of the navigation of the Mississippi
River and its tributaries: Provided further, That the railroad
companies availing themselves of this section shall, in addition to
filing the maps required by law on February 27, 1901, to be filed,
also file maps of definite location with elevation of rail of their
lines of railroad over said water-reserve lands in the office of
the Secretary of the Army; and no location shall be permitted which
takes for right of way or stations or interferes with submergence
of lands needed for the use of the reservoir system, existing on
February 27, 1901, or in the construction of dams or other works,
or any proposed or probable extension of the same, or which will
obstruct or increase the cost of the present or prospective
reservoir system: Provided further, That the plan for the location
and construction of any such railway, or any part thereof, shall be
first submitted to the Secretary of the Army and approved by him
and by the Chief of Engineers of the United States Army.