43 U.S.C. § 912 — Disposition of abandoned or forfeited rail-

Page 283 TITLE 43—PUBLIC LANDS §§ 921 to 929 § 910. Right to extend public surveys over lands granted, and other rights of United States, not affected Sections 908 to 911 of this title shall not affect the right of the Secretary of the Interior to cause the public surveys to be extended over any lands granted to any railroad or corporation by any Act of Congress in the manner on June 25, 1910, otherwise provided by law, nor shall any claim, right, interest, or demand of the Govern- ment of the United States be waived or annulled by the provisions thereof: Provided, That all granted lands surveyed under the provisions of said sections shall be subject to taxation by States, Territories, and municipal authorities, and the right of the Government to reimburse itself for the survey, selection, and conveyance of such lands otherwise provided by law shall re- main in full force and effect. (June 25, 1910, ch. 406, § 3, 36 Stat. 834.) § 911. Regulations The Secretary of the Interior shall prescribe such rules and regulations as will be necessary to the carrying out of the provisions of sections 908 to 910 of this title. (June 25, 1910, ch. 406, § 4, 36 Stat. 835.) § 912. Disposition of abandoned or forfeited rail- road grants Whenever public lands of the United States have been or may be granted to any railroad company for use as a right of way for its rail- road or as sites for railroad structures of any kind, and use and occupancy of said lands for such purposes has ceased or shall hereafter cease, whether by forfeiture or by abandonment by said railroad company declared or decreed by a court of competent jurisdiction or by Act of Congress, then and thereupon all right, title, in- terest, and estate of the United States in said lands shall, except such part thereof as may be embraced in a public highway legally estab- lished within one year after the date of said de- cree or forfeiture or abandonment be transferred to and vested in any person, firm, or corpora- tion, assigns, or successors in title and interest to whom or to which title of the United States may have been or may be granted, conveying or purporting to convey the whole of the legal sub- division or subdivisions traversed or occupied by such railroad or railroad structures of any kind as aforesaid, except lands within a municipality the title to which, upon forfeiture or abandon- ment, as herein provided, shall vest in such mu- nicipality, and this by virtue of the patent thereto and without the necessity of any other or further conveyance or assurance of any kind or nature whatsoever: Provided, That this sec- tion shall not affect conveyances made by any railroad company of portions of its right of way if such conveyance be among those which have been or may after March 8, 1922, and before such forfeiture or abandonment be validated and con- firmed by any Act of Congress; nor shall this section affect any public highway on said right of way on March 8, 1922: Provided further, That the transfer of such lands shall be subject to and contain reservations in favor of the United States of all oil, gas, and other minerals in the land so transferred and conveyed, with the right to prospect for, mine, and remove same. (Mar. 8, 1922, ch. 94, 42 Stat. 414.) § 913. Conveyance by land grant railroads of por- tions of rights of way to State, county, or mu- nicipality All railroad companies to which grants for rights of way through the public lands have been made by Congress, or their successors in interest or assigns, are authorized to convey to any State, county, or municipality any portion of such right of way to be used as a public highway or street: Provided, That no such conveyance shall have the effect to diminish the right of way of such railroad company to a less width than 50 feet on each side of the center of the main track of the railroad as now established and maintained. (May 25, 1920, ch. 197, 41 Stat. 621.) § 914. Omitted Editorial Notes CODIFICATION Section, act June 18, 1874, ch. 305, 18 Stat. 80, provided for issuance of patents for lands granted State of Or- egon prior to June 18, 1874, upon certificate of Governor that wagon roads, in aid of which lands were granted, had been built. CHAPTER 21A—FORFEITURE OF NORTHERN PACIFIC RAILROAD INDEMNITY LAND GRANTS §§ 921 to 929. Omitted Editorial Notes CODIFICATION Section 921, act June 25, 1929, ch. 41, § 1, 46 Stat. 41, re- lated to forfeiture of any and all lands within indem- nity limits of land grants to the Northern Pacific Rail- road. Section 922, act June 25, 1929, ch. 41, § 2, 46 Stat. 42, re- lated to forfeiture of all unsatisfied indemnity selec- tion rights. Section 923, act June 25, 1929, ch. 41, § 3, 46 Stat. 42, re- lated to effect of provisions of this chapter on various prior statutory provisions affecting the railroad. Section 924, act June 25, 1929, ch. 41, § 4, 46 Stat. 42, re- lated to effect of provisions of this chapter on title to rights of way actually in use by railroad. Section 925, act June 25, 1929, ch. 41, § 5, 46 Stat. 42, authorized Attorney General to institute and prosecute all suits affecting title to lands. Section 926, act June 25, 1929, ch. 41, § 6, 46 Stat. 43, re- lated to restitution by railroads of lands which were not earned or erroneously credited. Section 927, act June 25, 1929, ch. 41, § 7, 46 Stat. 43, re- lated to jurisdiction of suits. Section 928, act June 25, 1929, ch. 41, § 8, 46 Stat. 44, re- lated to reports and recommendations to Congress con- cerning final determinations in such actions. Section 929, act June 25, 1929, ch. 41, § 9, 46 Stat. 44, re- lated to withholding of approval of adjustments of land grants pending final determination of actions. CHAPTER 22—RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS Sec. 931. Navigable rivers as public highways.