Chapter CLXVIII. making an additional Grant of Lands to the State of Minnesota, in alternate Sections, to aid in the Construction of Railroads in said State
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CHAP. CLXVIII.— An Act making an additional Grant of Lands to the State of Minnesota, in alternate Sections, to aid in the Construction of Railroads in said State.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, granted to the State of Minnesota, for the purpose of aiding in the constructionAdditional grants of lands to Minnesota for railroads.Description of railroads. of a railroad from Houston, in the county of Houston, through the counties of Fillmore, Mower, Freeborn, and Faribault, to the western boundary of the State; and also for a railroad from Hastings, through the counties of Dakota, Scott, Carver, and McLeod, to such point on the western boundary of the State as the legislature of the State may determine, every alternate section of land designated by odd numbers to the amount of five alternate sections per mile on each side of said road; but in case it shall appear that the United States have, when the lines or route of said roads are definitely located, sold any section, or part thereof,If lands have been disposed of, &c., other lands to be selected in lieu thereof; granted as aforesaid, or that the right of pre-emption or homestead settlement has attached to the same, or that the same has been reserved by the United States for any purpose whatever, then it shall be the duty of the Secretary of the Interior to cause to be selected, for the purposes aforesaid, from the public lands of the United States nearest to the tiers of sections above specified, so much land in alternate sections or parts of sections, designated by odd numbers, as shall be equal to such lands as the United States have sold, reserved, or otherwise appropriated, or to which the right of homestead settlement or pre-emption has attached as aforesaid, which lands, thus indicated by odd numbers and sections, by the direction of the Secretary of the Interior, shall be held by said State of Minnesota for the purposes and uses aforesaid: *Provided,* That the land so selectedbut within twenty miles of lines of road, and the jurisdiction of Minnesota. shall in no case be located more than twenty miles from the lines of said road: *And provided further,* That no land shall be granted or transferred by the provisions of this act not included within the jurisdiction of the State of Minnesota: *And provided further,* That any and all 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 other purpose whatever, be, and the same are hereby, reserved and excepted from the operations of this act, except so far as it may be found necessary to locate the route of said road through such reserved lands, in which case the right of way shall beRight of way. granted, provided the United States has yet in possession the title thereto.
Sec. 2. *And be it further enacted,* That the sections and parts of sections of land which by such grant shall remain to the United States within ten miles on each side of said road shall not be sold for less than doublePrice of lands remaining to the United States.Lands to be first offered at public sale.Pre-emption settlers. the minimum price of public lands when sold, nor shall any of said lands become subject to sale at 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 States may, after due 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 pro-Homestead settlers.88THIRTY-NINTH CONGRESS.
Sess. I. Ch. 168, 169. 1866.visions of the homestead law who shall make entries after the passage of this act, upon the sections numbered by even numbers, and who comply with the terms and requirements of said act shall be entitled to patents for an amount not exceeding eighty acres each, anything in this act to the contrary notwithstanding. Sec. 3. *And be it further enacted,* That the lands hereby granted shallLands granted, how to be disposed of. be subject to the disposal of the legislature of Minnesota for the purposes aforesaid and no other; and the said railroad shall be and remain public highways for the use of the government of the United States, free of allRailroads to be public highways, and free to the United States. toll or other charges upon the transportation of any property or troops of the United States, and the same shall at all times be transported at the cost, charge, and expense in all respects of the company or corporation, or their successors or assigns, having or receiving the benefit of the land grants herein made.
Sec. 4. *And be it further enacted,* That the lands hereby granted shall be disposed of by said State for the purposes aforesaid only, and in mannerLands, how to be disposed of.When governor shall certify that a section of ten consecutive miles is completed; following, namely: When the governor of said State shall certify to the Secretary of the Interior that any section of ten consecutive miles of said road is completed, in a good, substantial, and workmanlike manner, as a first-class railroad, then the Secretary of the Interior shall issue to the State patents for all the lands in alternate sections, or parts of sections, designated by odd numbers, situated within twenty miles of the road so completed and lying coterminous to said completed section of ten miles, and not exceeding one hundred sections, for the benefit of the road having completed the ten consecutive miles as aforesaid: *Provided, however,* That the coterminousproviso; principle hereby applied shall not extend to such lands as are taken by the said railroad companies to make up deficiencies, provided that no land to make up such deficiencies shall be taken at any point within ten miles upon each side of the line of said roads.
When the governor of said Statethat another section of ten consecutive miles is completed;that additional sections are completed;that roads are completed.Roads to be completed in ten years; if not, unsold lands to revert to the United States. shall certify that another section of ten consecutive miles shall have been completed as aforesaid, then the Secretary of the Interior shall issue patents to said State in like manner for a like number; and when certificates of the completion of additional sections of ten consecutive miles of said roads are from time to time made as aforesaid, additional sections of lands shall be patented as aforesaid, until said roads are completed, when the whole of the lands hereby granted shall be patented to the State for the uses aforesaid, and none other: *Provided,* That if said roads are not completed within ten years from the acceptance of this grant, the said lands hereby granted and not patented shall revert to the United States.
Sec. 5. *And be it further enacted,* That as soon as the governor of said State shall file or cause to be filed with the Secretary of the InteriorWhen maps are filed, lands granted hereby to be withdrawn from market. maps designating the routes of said roads, 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. 6. *And be it further enacted,* That the United States mail shallMail to be carried over road, and at what price. be transported on said road, under the direction of the Post Office Department, at such price as Congress may by law provide: *Provided,* That until such price is fixed by law, the Postmaster-General shall have power to fix the rate of compensation.
Approved, July 4, 1866.