§ 943. — Right of way for railroads; reserved lands in Minnesota.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC943]
TITLE 43--PUBLIC LANDS
CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
Sec. 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All lands in the State of Minnesota described in and withdrawn from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proclamations, or withdrawn from sale thereby, but had remained with the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.
(Feb. 27, 1901, ch. 614, 31 Stat. 815; July 26, 1947, ch. 343, title II,
Sec. 205(a), 61 Stat. 501.)
Repeal of Section
Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.
21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
insofar as applicable to the issuance of rights-of-way over, upon,
under, and through the public lands and lands in the National Forest
System.
Change of Name
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10,
Armed Forces'' which in sections 3010 to 3013 continued Department of
the Army under administrative supervision of Secretary of the Army.
Savings Provision
Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
rights-of-way not to be construed as terminating any valid lease,
permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub.
L. 94-579, set out as a note under section 1701 of this title.
