Chapter CLXV. making a Grant of Lands in alternate Sections to aid in the Construction and Extension of the Iron Mountain Railroad, from Pilot Knob, in the State of Missouri, to Helena, in Arkansas
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CHAP. CLXV.— An Act making a Grant of Lands in alternate Sections to aid in the Construction and Extension of the Iron Mountain Railroad, from Pilot Knob, in the State of Missouri, to Helena, in Arkansas.July 4, 1866. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That there be, and is hereby,Lands granted to Missouri for extension of Iron Mountain railroad.Alternate sections. granted to the State of Missouri, for the purpose of aiding in the construction and extension of the Iron Mountain railroad, from its present terminus at Pilot Knob to a point on the southern boundary line of the State of Missouri, every alternate section of land, designated by odd numbers, for ten sections in width on each side of said road; but in case it shall appear when the route of said road is definitely fixed that the United States have sold any sections or parts thereof, granted as aforesaid,If any of the lands have been before granted or pre-empted, other lands to be selected in lieu thereof. or that the right of pre-emption has attached to the same, then it shall be lawful for any agent or agents to be appointed by the Governor of said State to select, subject to the approval of the Secretary of the Interior, from the lands of the United States nearest to the tiers of sections above specified so much land in sections or parts of sections, to be selected as aforesaid, as shall be equal to such lands as the United States have sold or otherwise appropriated or to which the rights of pre-emption have attached, which lands thus selected shall be held by the State of Missouri for the use and purposes aforesaid, and for none other: *Provided,* That the lands so located shall be within the Ironton land district as nowLands to be in Ironton land district, and within twenty miles of the road.Mineral lands, except coal and iron, reserved. established and not more than twenty miles from the line of said road: *And provided, further,* That all mineral lands except those containing coal and iron, and any land heretofore reserved to the United States by any act of Congress or in anyReserved lands not granted. other manner by competent authority for the purpose of aiding in any object of internal improvement, or for any other purpose whatever, be, and the same are, reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the routes of said railroad through the same, in whichRight of way granted. case the right of way only shall be granted, subject to the approval of the President of the United States.
Sec. 2. *And be it further enacted,* That there be, and is hereby, granted to the State of Arkansas, for the purpose of aiding in the constructionLands granted to Arkansas for extension of railroad to Helena. and extension of a railroad from the point where the Iron Mountain railroad intersects the southern boundary line of Missouri, by the nearest and most practicable route, to a point at or near the town of Helena, on the Mississippi river, every alternate section of land, designatedAlternate sections. by odd numbers, for ten sections in width on each side of said road; but in case it shall appear, when the line of said road is definitely fixed, that the United States have sold any sections or parts thereof, granted as aforesaid, or that the right of pre-emption has attached to the same, then it shall be lawful for any agent or agents to be appointed by the Gov-84THIRTY-NINTH CONGRESS.
Sess. I. Ch. 165. 1866.ernor of said State, to select, subject to the approval of the Secretary of the Interior, from the lands of the United States nearest to the tiers of sections above specified so much land, in alternate sections, designated asLands may be selected in lieu of those before granted, &c.; aforesaid, as shall be equal to such lands as the United States have sold or otherwise appropriated, or to which the rights of pre-emption have attached, which lands thus selected shall be held by the State of Arkansas for the use and purposes aforesaid, and for none other: *Provided,* That the land so selected and located shall in no case be further than twentyto be within twenty miles of railroad.Mineral lands, except coal and iron, reserved. miles from the line of road when the same shall be located: *And provided further,* That all mineral lands, except those containing coal and iron, and any lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or for any other purpose whatever, be, and the same are, reserved to the United States from the operation of this act, except so far as it may be found necessary to locate the routes of said railway through the same, in which case the right ofRight of way. way only shall be granted, subject to the approval of the President of the United States.
Sec. 3. *And be it further enacted,* That the sections and parts of sectionsSections of land remaining to the United States not to be sold for less than double minimum price;to be first offered at public auction. of land which shall remain to the United States within ten miles on either side of said road, and the even sections and parts of sections corresponding to the odd ones selected within twenty miles of the same, shall not be sold for less than double the minimum price of the public lands when sold, nor shall any of the said lands become subject to private entry until the same shall have been first offered at public sale to the highest bidder at or above the minimum price as aforesaid: *Provided,* That actual bona fide settlers under the pre-emption laws of the United StatesBona fide settlers under pre-emption laws. may, after the proof of settlement, improvement, and occupation, as now provided by law, purchase the same at the increased minimum price; *And provided, also,* That settlers under the provisions of the homestead law,Settlers under homestead law. who comply with the terms and requirements of *this* [said] act, shall be entitled to patents for an amount not exceeding eighty acres each, anything in this act to the contrary notwithstanding.
Sec. 4. *And be it further enacted,* That the said railroads shall be, andThese railroads to be public highways, and free for the United States; remain, public highways, so far as the same may be constructed under this act, for the use of the government of the United States, free of all toll or other charges upon the transportation of any property or troops of the United States, and at the costs in all respects of said railroad companies; and the said roads are hereby required to be constructed within theto be built in five years. term of five years from and after the first day of July, anno Domini eighteen hundred and sixty-six.
Sec. 5. *And be it further enacted,* That the lands hereby granted toLands hereby granted, how to be disposed of. said States of Missouri and Arkansas shall be disposed of by said States for the purposes aforesaid only, and in manner following, namely: Whenever the governor of either of said States shall certify to the SecretaryWhen the governor shall certify that a section of ten consecutive miles is completed, &c.; of the Interior that any section of ten consecutive miles of either of said roads is completed in a good, substantial, and workmanlike manner, as a first-class railroad, and the said Secretary shall be satisfied that said State has complied in good faith with this requirement, the said Secretary of the Interior shall issue to the said State patents for all the lands granted and selected as aforesaid, not exceeding ten sections per mile, situated opposite to and within a limit of twenty miles of the line of said section of road thus completed, extending along the whole length of said completed section of ten miles of road, and no further.
And when the governor of said State shall certify to the Secretary of the Interior, and the Secretary shall be satisfied that another section of said road, ten consecutive milesthat another section of ten consecutive miles, &c. in extent, connecting with the preceding section or with some other first-class railroad which may be at the time in successful operation, is completed as aforesaid, the said Secretary of the Interior shall issue to the85THIRTY-NINTH CONGRESS. Sess. I.
Ch. 165, 166. 1866. said State patents for all the lands granted and situated opposite to andWhere the governor shall certify that other sections are completed; within the limits of twenty miles of the line of said completed section of road or roads, and extending the length of said section, and no further, and not exceeding ten sections of land per mile for all that part of said road thus completed under the provisions of this act and the act to which this is an amendment, and so, from time to time, until said roads and branches are completed.
And when the governor of said State shall so certify, and the Secretary of the Interior shall be satisfied that the wholethat whole road is completed. of any one of said roads and branches is completed in a good, substantial, and workmanlike manner, as a first-class railroad, the said Secretary of the Interior shall issue to the said State patents to all the remaining lands granted for and on account of said completed road and branches in this act, situated within the said limits of twenty miles from the line thereof, throughout the entire length of said road and branches: *Provided,* That no land shall be granted or conveyed to said States under the provisionsLands not to be granted on account of the construction of certain railroads. of this act on account of the construction of any railroad or part thereof that has been constructed under the provisions of any other act at the date of the passage of this act, and adopted as a part of the line of railroad provided for in this act: *And provided,* That nothing herein contained shall interfere with any existing rights acquired under any law ofVested rights not affected.
Congress heretofore enacted making grants of land to the said States of Missouri and Arkansas to aid in the construction of railroads: *And providedLands when to revert to the United States. further,* That should said States or either of them fail to complete the roads herein recited within the time prescribed by this act, then the lands undisposed of, as aforesaid, within the States so failing shall revert to the United States. Sec. 6. *And be it further enacted,* That so soon as the governor ofWhen maps are filed, lands to be withdrawn from market. either of said States shall file or cause to be filed with the Secretary of the Interior maps designating the routes of said roads herein mentioned, then it shall be the duty of the Secretary of the Interior to withdraw from market the lands embraced within the provisions of this act.
Sec. 7. *And be it further enacted,* That nothing contained in this actArkansas to have no title to or power over the granted lands until restored to former relations. shall be held as vesting in the State of Arkansas title to the lands herein recited for the trust purpose aforesaid, or authorizing said State to make any disposition of the same, until said State shall be restored in all respects to its former relation to the national government and be represented in the Congress of the United States.
Approved, July 4, 1866.