232 THE USE BOOK. 



canyon, pass, or defile, said railroad company shall, before 

 entering upon the ground occupied by such wagon road, cause 

 the same to be reconstructed at its own expense in the most 

 favorable location, and in as perfect a manner as the original 

 road : Provided, That such expenses shall be equitably divided 

 between any number of railroad companies occupying and using 

 the same canyon, pass, or defile. 



SEC. 3. That the legislature of the proper Territory may pro- 

 vide for the manner in which private lands 

 prite em ?and7 ^nd and possessory claims on the public lands 

 possessory claims. of the United States may be condemned ; and, 

 where such provision shall not have been 

 made, such condemnation may be made in accordance with sec- 

 tion three of the act entitled "An act [to amend an act entitled 

 an act] to aid in the construction of a railroad and telegraph 

 line from the Missouri River to the Pacific Ocean, and to secure 

 to the Government the use of the [483] same for postal, mili- 

 tary, and other purposes, approved July first, eighteen hundred 

 and sixty-two," approved July second, eighteen hundred and 

 sixty-four. 



SEC. 4. That any railroad company desiring to secure the ben- 

 efits of this act shall, within twelve months 

 Filing of map. after the location of any section of twenty 

 Surveyed and un- miles of its road, if the same be upon sur- 

 surveyed lands. veyed lands, and, if upon unsurveyed. lands, 



within twelve months after the survey thereof 

 by the United States, file with the register of the land office for 

 the district where such land is located a pro- 

 ApproYal. file of its road ; and upon approval thereof by 



the Secretary of the Interior, the same shall 

 be noted upon the plats in said office ; and thereafter all such 

 lands over which such right of way shall pass shall be disposed 

 of subject to such right of way : Provided, That if any section 

 of said road shall not be completed within 

 Forfeiture. five years after the location of said section, 



the rights herein granted shall be forfeited 

 as to any such uncompleted section of said road. 



SEC. 5. That this act shr.ll not apply to any lands within the 

 limits of any military, park, or Indian reser- 

 reservati ons aPPly tO Yation or other lands specially reserved from 

 sale, unless such right of way shall be pro- 

 vided for by treaty stipulation or by act of Congress heretofore 

 passed. 



SEC 6. That Congress hereby reserves the right at any time to 

 alter, amend, or repeal this act, or any part thereof. 



