FOREST SERVICE. 149 



gress approved ^larch third, eighteen hundred and serventy-fivc, en- 

 titled "An Act ^ranting to railroads the rin:ht of way through the 

 public lands of the United States," where such railroad has not been 

 constructed and the period of five years next following the location 

 of said road, or any section thereof, has now expired, shall be, and 

 hereby is, declared forfeited to the United States, to the extent of 

 any portion of such located line now remaining unconstructed, and 

 the United States hereby resumes the full title to the lands covered 

 thereby free and discharged from such easement, and the forfeiture 

 hereby declared shall, Avithout need of further assurance or convey- 

 ance, inure to the benefit of any owner or owners of land heretofore 

 conveyed by the United States subject to any such grant of right of 

 way or station grounds: Provided, That no right of way on which 

 construction is ])rogressing in good faith at the time of the passage 

 of this Act shall be in any wnse affected, validated or invalidated, by 

 the provisions of this Act. 



Act February 25, 1909, c. 191, 35 Stat. 647. 



Act March 3, 1ST5, c. 152, nieutioued iu this act, is set forth above. 



ACT MARCH 3. 1899, c. 427. (30 Stat. 1214.) 



Right of way over forest reserves for wagon roads, railroads, etc. 



That in the form provided by existing law the Secretary of the In- 

 terior may file and approve surveys and plats of any right of way for 

 a wagon road, railroad, or other highway over and across any forest 

 reservation or reservoir site when in his judgment the public inter- 

 ests will not be injuriously affected thereby. 



Act March 3, 1899. c. 427, s. 1, 30 Stat. 1233. 



This is a provision of the deficiency appropriation act for the fiscal 

 year 1899, cited above. 



ACT FEBRUARY 1. 1905, c. 288. (33 Stat. 628.) 



Rights of way within forest reserves for dams, reservoirs, water plants, ditches, 

 flumes, pipes, tunnels, and canals, for municipal and mining purposes and 

 for milling and reduction of ores. 



Sec. 4. That rights of way for the construction and maintenance 

 of dams, reservoirs, water plants, ditches, flumes, pipes, tunnels, and 

 canals, within and across the forest reserves of the United States are 

 hereby granted to citizens and corporations of the United States for 

 municipal or mining purposes, and for the purposes of the milling 

 and reduction of ores, during the period of their beneficial use, 

 under such rules and regulations as may be prescribed by the Secre- 

 tary of the Interior, and subject to the laws of the State or Territory 

 in which said reserves are respectively situated. 



Act February 1. 1905, c. 28S, s. 4. 33 Stat. G28. 



This section is part of "An act providing for the transfer of forest 

 reserves from the Department of the Interior to the Department of 

 Agriculture," cited above. 



ACT MARCH 3. 1891. c. 561. (26 Stat. 1095.) 



Right of way through public lands and reservations to canal and ditch com- 

 panies for irrigation purposes; right to take material, earth, and stone for 

 construction. 



Sec. 18. That the right of way through the public lands and reser- 

 vations of the United States is "hereby granted to any canal or ditch 



