80 LAWS APPLICABLE TO THE NATIONAL EOEESTS. 



Joint use of canyon, pass, or defile. 



Sec. 2. That any railroad company whose right of way. or whose 

 track or roadbed upon such right of way, passes through any canyon, 

 pass, or defile, shall not prevent any other railroad company from the 

 use and occupancy of said canyon, pass, or defile, for the purposes of 

 its road, in common with the road first located, or the crossing of 

 other railroads at grade. And the location of such right of way 

 through any canyon, pass, or defile shall not cause the disuse of any 

 wagon or other public highway now located therein, nor prevent the 

 location through the same of any such wagon road or highway where 

 such road or highway may be necessary for the public accommoda- 

 tion; and where any change in the location of such wagon road is 

 necessary to permit the passage of such railroad through any canyon, 

 pass, or defile, said railroad company shall, before entering upon the 

 ground occupied by such wagon road, cause the same to be recon- 

 structed 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 com- 

 panies occupying and using the same canyon, pass, or defile. 



Condemnation proceedings. 



Sec. 3. That the legislature of the proper Territory may provide 

 for the manner in which private lands and possessory claims on the 

 public lands of the United States may be condemned; and, where 

 such provision shall not have been made, such condemnation may be 

 made in accordance with section 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 Missouri Eiver to the Pacific Ocean, and to 

 secure to the Government the use of the same for postal, military, and 

 other purposes, approved July first, eighteen hundred and sixty-two," 

 approved July second, eighteen hundred and sixty-four. 



Filing of map. 



Sec. 4. That any railroad company desiring to secure the benefits 

 of this act shall, within twelve months after the location of any sec- 

 tion of twenty miles of its road, if the same be upon surveyed 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 profile 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 five years after the location of said section, 

 the rights herein granted shall be forfeited as to any such uncom- 

 pleted section of said road. 



Act not applicable to reservations. 



Sec. 5. That this act shall not apply to any lands within the limits 

 of any military, park, or Indian reservation, or other lands specially 

 reserved from "sale, unless such right of way shall be provided for by 

 treaty stipulation or by act of Congress heretofore passed. 



