§ 942-6. — Rights of way for Alaskan wagon roads, wire rope, aerial, or other tramways; reservations; filing preliminary survey and map of location; alteration, amendment, repeal, or grant of equal rights; forfeiture of rights; reversion of grant; liens.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC942-6]
TITLE 43--PUBLIC LANDS
CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
Sec. 942-6. Rights of way for Alaskan wagon roads, wire rope,
aerial, or other tramways; reservations; filing preliminary
survey and map of location; alteration, amendment, repeal, or
grant of equal rights; forfeiture of rights; reversion of grant;
liens
The Secretary of the Interior is authorized to issue a permit, by
instrument in writing, in conformity with and subject to the
restrictions herein contained, unto any responsible person, company, or
corporation, for a right of way over the public domain in Alaska, not to
exceed one hundred feet in width, and ground for station and other
necessary purposes not to exceed five acres for each station for each
five miles of road, to construct wagon roads and wire rope, aerial, or
other tramways, and the privilege of taking all necessary material from
the public domain in said district for the construction of such wagon
roads or tramways, together with the right, subject to supervision and
at rates to be approved by said Secretary, to levy and collect toll or
freight and passenger charges on passengers, animals, freight, or
vehicles passing over the same for a period not exceeding twenty years,
and said Secretary is also authorized to sell to the owner or owners of
any such wagon road or tramway, upon the completion thereof, not to
exceed twenty acres of public land at each terminus at $1.25 per acre,
such lands when located at or near tide water not to extend more than
forty rods in width along the shore line and the title thereto to be
upon such expressed conditions as in his judgment may be necessary to
protect the public interest, and all minerals, including coal, in such
right of way or station grounds shall be reserved to the United States:
Provided, That such lands may be located concurrently with the line of
such road or tramway, and the plat of preliminary survey and the map of
definite location shall be filed as in the case of railroads and subject
to the same conditions and limitations: Provided further, That such
rights of way and privileges shall only be enjoyed by or granted to
citizens of the United States or companies or corporations organized
under the laws of a State or Territory; and such rights and privileges
shall be held subject to the right of Congress to alter, amend, repeal,
or grant equal rights to others on contiguous or parallel routes. And no
right to construct a wagon road on which toll may be collected shall be
granted unless it shall first be made to appear to the satisfaction of
the Secretary of the Interior that the public convenience requires the
construction of such proposed road, and that the expense of making the
same available and convenient for public travel will not be less on an
average than $500 per mile: Provided, That if the proposed line of road
in any case shall be located over any road or trail in common use for
public travel, the Secretary of the Interior shall decline to grant such
right of way, if, in his opinion, the interests of the public would be
injuriously affected thereby. Nor shall any right to collect toll upon
any wagon road in Alaska be granted or inure to any person, corporation,
or company until it shall be made to appear to the satisfaction of said
Secretary that at least an average of $500 per mile has been actually
expended in constructing such road: and all persons are prohibited from
collecting or attempting to collect toll over any wagon road in Alaska,
unless such person or the company or person for whom he acts shall at
the time and place the collection is made or attempted to be made
possess written authority, signed by the Secretary of the Interior,
authorizing the collection and specifying the rates of toll: Provided,
That accurate printed copies of said written authority from the
Secretary of the Interior, including toll, freight, and passenger
charges thereby approved, shall be kept constantly and conspicuously
posted at each station where toll is demanded or collected. And any
person, corporation, or company collecting or attempting to collect toll
without such written authority from the Secretary of the Interior, or
failing to keep the same posted as herein required, shall be deemed
guilty of a misdemeanor, and on conviction thereof shall be fined for
each offense not less than $50 nor more than $500, and in default of
payment of such fine and costs of prosecution shall be imprisoned in
jail not exceeding ninety days, or until such fine and costs of
prosecution shall have been paid.
Any person, corporation, or company qualified to construct a wagon
road or tramway under the provisions of this section that may prior to
May 14, 1898, have constructed not less than one mile of road, at a cost
of not less than $500 per mile, or one-half mile of tramway at a cost of
not less than $500, shall have the prior right to apply for such right
of way and for lands at stations and terminals and to obtain the same
pursuant to the provisions of this section over and along the line
hitherto constructed or actually being improved by the applicant,
including wharves connected therewith. If any party to whom license has
been granted to construct such wagon road or tramway shall, for the
period of one year, fail, neglect, or refuse to complete the same, the
rights herein granted shall be forfeited as to any such uncompleted
section of said wagon road or tramway, and thereupon shall revert to the
United States without further action or declaration, the notation of
such uncompleted section upon the records of the land office shall be
cancelled, and the reservations of such lands for the purposes of said
right of way shall cease and become null and void, without further
action. And if such road or tramway shall not be kept in good condition
for use, the Secretary of the Interior may prohibit the collection of
toll thereon pending the making of necessary repairs.
All mortgages executed by any company acquiring a right of way under
sections 687a, 687a-2 to 687a-5,\1\ and 942-1 to 942-9 of this title and
sections 607a and 615a of title 16, upon any portion of its road that
may be constructed in Alaska, shall be recorded with the Secretary of
the Interior, and the record thereof shall be notice of their execution,
and shall be a lien upon all the rights and property of said company as
therein expressed, and such mortgage shall also be recorded in the
office of the secretary of the Territory of Alaska and in the office of
the secretary of the State or Territory wherein such company is
organized. All lawful claims of laborers, contractors, subcontractors,
or materialmen, for labor performed or material furnished in the
construction of the railroad, tramway, or wagon road shall be a first
lien thereon and take precedence of any mortgage or other lien.
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\1\ See References in Text note below.
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(May 14, 1898, ch. 299, Sec. 6, 30 Stat. 411.)
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.
References in Text
Sections 687a and 687a-2 to 687a-5 of this title, referred to in
third par., were repealed by Pub. L. 94-579, title VII, Secs. 703(a),
704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.
Codification
Section was formerly classified to section 416 of Title 48,
Territories and Insular Possessions.
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.
Admission of Alaska as State
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on
issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as
required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72
Stat. 399, set out as notes preceding section 21 of Title 48,
Territories and Insular Possessions.
Section Referred to in Other Sections
This section is referred to in sections 942-1, 942-3, 942-4, 942-5,
942-7, 942-8 of this title; title 16 section 3215.
