V 
 
 REGULATIONS 
 
 '^<3>is?l 
 
 CONCERNING 
 
 RAILROAD RIGHT OF WAY 
 
 OVER 
 
 THE PUBLIC LANDS. 
 
 APPROVED NOVEMBER 4, 1898. 
 
 <-/ar 
 
 WASHINGTON: 
 
 GOVERNMENT PRINTING OFFICE. 
 1898.
 
 TAG.'. 6 
 
 REGULATIONS 
 
 COXCEKN1NG 
 
 RAILROAD RIGHT OF WAY 
 
 m 
 
 OVER 
 
 THE PUBLIC LANDS. 
 
 APPROVED NOVEMBER 4, 1898. 
 
 WASHINGTON: 
 
 GOVERNMENT PRINTING OFFICE, 
 
 1898.
 
 RIGHT-OF-WAY RAILROADS. 
 
 The following is a copy of an act of Congress approved March 3, 
 1875, entitled "An act granting to railroads the right of way through 
 the public lands of the United States:" 
 
 Be it enacted by the Senate and House of Representatives of the United States of 
 | America in Congress assembled, That the right of way through the public lands 
 of the United States is hereby granted to any railroad company duly organized 
 under the laws of any State or Territory, except the District of Columbia, or by 
 the Congress of the United States, which shall have filed with the Secretary of the 
 Interior a copy of its articles of incorporation, and due proofs of its organization 
 under the same, to the extent of one hundred feet on each side of the central line 
 of said road; also the right to take, from the public lands adjacent to the line of 
 said road, material, earth, stone, and timber necessary for the construction of said 
 railroad; also, ground adjacent to such right of way for station buildings, depots, 
 machine shops, side-tracks, turn-outs, and water-stations, not to exceed in amount 
 twenty acres for each station, to the extent of one station for each ten miles of 
 its road. 
 
 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 pre- 
 vent 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 accommodation: 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 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. 
 
 Sr.c. y. 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 Unite:! 
 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 the Missouri River to the Pacific Ocean, and to 
 secure to the Government the use of the same for postal, military, and other pur- 
 poses, approved July first, eighteen hundred and sixty-two," approved July second, 
 eighteen hundred and sixty-four. 
 
 SE<J. 4. That any railroad company desiring to secure the benefits of this act. 
 shall, within twelve months after the location of any section of twenty miles of 
 its road, if the same be upon surveyed lands, and. if upon unsurveyed lands. 
 
 3
 
 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: Pro- 
 vided, 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 uncompleted section of said road. 
 
 SEC. 5. That this act shall not apply to any lands within the limits of any mili- 
 tary, 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. 
 
 SEC. 6. That Congress hereby reserves the right at an} 7 time to alter, amend, or 
 repeal this act, or any part thereof. 
 
 Approved, March 3, 187,"). (IS Stat.. p. 4*2.) 
 
 1. The grant made by this ad does not convey an estate in fee in 
 the lands used for right of way or for station grounds. The grant is 
 merely of a right of use for the necessary and legitimate purposes of 
 the roads, the fee remaining in the United States. 
 
 2. All persons entering public lands, 1o part of which a right of 
 way has attached, take the same subject 1o such right of way, the 
 latter being computed as a part of the area of the tract entered. 
 
 3. Whenever any rigid of way shall pass over private land or pos- 
 sessory claims on lands of the United States, condemnation of the right 
 of way across the same maybe made in accordance with the provisions 
 of section ') of Ihe act. 
 
 4. Lines of route or station grounds lying partly upon nnsurveyed 
 land can be approved if the application and accompanying maps and 
 papers conform to these regulations, but the approval will only relate 
 to that portion traversing the surveyed lands. (For right of way 
 wholly on nnsurveyed land, see paragraphs 17 and is.) 
 
 o. Any railroad company desiring to obtain the benefits of the law 
 is required to file, through this office, or they may be filed with the 
 register of the land district in which the principal terminus of the 
 road is to be located, who will forward them to this office 
 
 F'irxf. A copy of its articles of incorporation, duly certified to by 
 the proper officer of the company under its corporate seal, or by the 
 secretary of the Stale or Territory where organized. 
 
 S'ecom/. A copy of the State or Territorial la\v under which the 
 company was organi/ed, with the certificate of the governor or secre- 
 tary of the State or Territory that the same is the existing law. 
 
 Tli.iriL When said law directs that the- articles of association or 
 other papers connected with the organization be filed with any Stale 
 or Territorial officer, the cert ideate of such officer that the same have 
 been filed according to law, with the date of the filing thereof. 
 
 Fourth. When a company is operating in a Slate or Territory other 
 than that in which it is incorporated, the certificate of the proper 
 officei- of Hie Slate or Territory is required that it lias complied with
 
 the laws of that State or Territory governing foreign corporations, to 
 the extent required to entitle the company to operate in such Slate 
 or Territory. 
 
 No forms are prescribed for the above portion of the proofs required, 
 as each case must be governed to some extent by the laws of the 
 State or Territory. 
 
 F if tli. The official statement, under seal of the proper officer, that 
 the organization has been completed ; that the company is fully author- 
 ized to proceed with the construction of the road according to the exist- 
 ing law. (Form 1, p. 0.) 
 
 Sixth. An affidavit by the president, under the seal of the company, 
 showing the names and designations of its officers at the date of the 
 filing of the proofs. (Form 2, p. ( J.) 
 
 Seventh. If certified copies of the existing laws regarding such cor- 
 porations, and of new laws as passed from time to time, be forwarded 
 to this office by the governor or secretary of any State or Territory, a 
 company organized in such State or Territoiy may file, in lieu of the 
 requirements of the second subdivision of this paragraph, a certificate 
 of the governor or secretary of the State or Territory that no change 
 has been made since a given date, not later than that of the laws last 
 forwarded. 
 
 6. The word profile as used in this act is understood to intend a 
 map of alignment. All such maps and plats of station grounds are 
 required by the act to be filed with the register of the land office for 
 the district where the land is located. They must be drawn on tra- 
 cing linen, in duplicate, and must be strictly conformable to the field 
 notes of the survey of the line of route or of the station grounds. 
 
 7. The maps should show any other road crossed, or with which 
 connection is made; and whenever possible the station number on the 
 survey thereof at the point of intersection. All such intersecting 
 roads must be represented in ink of a different color from that used 
 for the line for which the applicant asks right of way. Field notes 
 of the surveys should be written along tiie line on the map. If the 
 map would thereby be too much crowded to be easily read, then dupli- 
 cate field notes should be tiled separate from the map, and in such 
 form that they may be folded for filing. In such case it will be neces- 
 sary to place on the map only a sufficient number of station numbers 
 to make it convenient to follow the field notes on the ma]). In all 
 cases station numbers should be given on the map where changes of 
 numbering occur and where the lines of the public surveys are crossed, 
 with distances to the nearest existing corner. The map must also 
 show the lines of reference of initial and terminal points, with their 
 courses and distances. 
 
 <S. Typewritten field notes, with clear carbon copies, are preferred 
 whenever separate field notes are necessary, as they expedite the 
 examination of applications. The field notes, whether given on the
 
 6 
 
 map or tiled separately, must be so complete that the line may be 
 retraced from them on the ground. They should show whether lines 
 were run on true or magnetic bearings; and in the latter case the 
 variation of the needle and date of determination must be stated. 
 One or more bearings (or angular connections with public survey 
 lines) must be given. The 10-mile sections must be indicated and 
 numbered on all lines of road submitted. 
 
 !). The scale of maps showing the line of route should be 2,000 feet 
 to an inch. The maps may, however, be drawn to a larger scale when 
 necessary; but the scale must not be so greatly increased as to make 
 the map inconveniently large for handling. In most cases, by furnish- 
 ing separate field notes an increase of scale can be avoided. Plats 
 of station grounds should be drawn on a scale of 400 feet to an inch, 
 and must be filed separately from the line of route. Such plats 
 should show enough of the line of route to indicate the position of the 
 tract with reference thereto. 
 
 10. All subdivisions of the public surveys represented on the map 
 should have their entire boundaries drawn, and on all lands affected 
 by the right of way the smallest legal subdivisions (40-acre tracts and 
 lots) must be shown. 
 
 11. The applicant should mark each of the subdivisions affected by 
 the right of way " V" or "Vacant" if it belongs to the public domain 
 at the time of filing the map in the local land office; and the same 
 must be verified by the certificate of the register. Tf it does not 
 affirmatively appear that some portion of the public land is affected, 
 the local officers will refuse to receive the maps. (See paragraph 22.) 
 
 12. The termini of the line of road should be fixed by reference of 
 course and distance to the nearest existing corner of the public sur- 
 vey. The map, engineer's affidavit, and president's certificate (Forms 
 ;} and 4, pp. !>, 10) should each show these connections. The com- 
 pany must certify in Form 4 that the road is to be operated as a 
 common carrier of passengers and freight. A tract for station 
 grounds must be similarly referenced and described on the plat and 
 in Forms 7 and s (p. 11), except when the tract conforms to the sub- 
 divisions of the public surveys, in which case it may be described in 
 the forms according to the subdivisions. 
 
 lo. When either terminal of the line of route is upon unsurveyed 
 land it must he connected by traverse with an established corner of 
 the public survey, if not more than G miles distant from it, and the 
 single bearing and distance fr;>m the terminal point to the corner 
 computed, and noted on the map, in the engineer's affidavit, and in 
 the president's certificate (Forms .'! and 4). The notes and all data 
 for the computation of the traverse must be given. 
 
 14. When the distance to an established corner of the public sur- 
 vey is more than <> miles, this connection will be made with a natural 
 object or a permanent monument which can be readily found and rec-
 
 ognized, and which will fix and perpetuate the position of the terminal 
 point. The map must show the position of such mark, and course 
 and distance to the terminus. There must be given an accurate 
 description of the mark and full data of the traverse, as required 
 above. The engineer's affidavit and president's certificate (Forms 3 
 and 4) must state the connections. These monuments are of great 
 importance. 
 
 15. When the line of route lies partly on unsurveyed land, each 
 portion lying within surveyed and unsurveyed land will be separately 
 stated in Forms 3 and 4, by connection of termini and length, as 
 though each portion were independent. 
 
 16. When lands desired for station grounds lie partly on unsurveyed 
 land, the areas of the several parts on surveyed and unsurveyed land 
 must be separately stated on the map and in Forms 7 and 8. 
 
 17. Maps or plats of lines of route or station grounds lying wholly 
 on unsurveyed lands may be received and placed on file in the Gen- 
 eral Land Office and the local land office of the district in which the 
 same is situated, for general information, and the date of filing will 
 be noted thereon; but the same will not be submitted to nor approved 
 by the Secretary of the Interior, as the act makes no provision for the 
 approval of any but maps showing the location in connection with 
 the public surveys. The filing of such maps or plats will not dispense 
 with the filing of maps or plats after the survey of the lands and 
 within the time limited in the act granting the right of way, which 
 map or plat, if in all respects regular when filed, will receive the 
 Secretary's approval. 
 
 18. In filing such maps or plats the initial and terminal points will 
 be fixed as indicated in paragraphs 13 and 14. 
 
 19. Whenever the line of survey crosses a township or section line 
 of the public survey, the distance to the nearest existing corner should 
 be ascertained and noted. The map or plat should show these dis- 
 tances and the station numbers at the points of intersection. When 
 field notes are submitted, they should also contain these distances 
 and station numbers. 
 
 '20. The engineer's affidavit and president's certificate must be 
 written on the map, and must both designate by termini and length, 
 in miles and decimals, the line of route for which right of way appli- 
 cation is made (see Forms 3 and 4, pp. !, 10). Station grounds 
 must be described by initial point and area in acres (see Forms 7 and 
 ">, p. 11); and when they are on surveyed land the smallest legal 
 subdivision in which they are located should be stated. No changes 
 or additions are allowable in the substance of any forms, except 
 when the essential facts differ from those assumed therein (see 
 paragraph 12). 
 
 21. Where right of way is desired for spurs or short branch lines 
 which will not greatly enlarge the size of the map, they may !>e shown
 
 8 
 
 on the same map with the main line, and should be separately 
 described in the forms by termini and length. For longer branch 
 lines separate maps should be filed. 
 
 22. When the maps are filed the local officers will note in pencil on 
 the tract books opposite each vacant tract traversed, that right of way 
 for a railroad or station grounds is pending, giving date of filing and 
 name of company, noting on each map or plat the date of filing, over 
 their written signature, transmitting them promptly to the General 
 Land Office. (See paragraph 11.) 
 
 23. Upon the approval of a map of location by the Secretary of the 
 Interior the duplicate copy will be sent to the local officers, who will 
 mark upon the township plats the line of the railroad or location of 
 station grounds, as laid down on the map or plat. They will also note, 
 in ink, on the tract books, opposite each tract marked as required by 
 paragraph 22, that the same is to be disposed of subject to the right 
 of way for the railroad company's line of road or station grounds. 
 
 24. When the railroad is constructed, an affidavit of the engineer 
 and certificate of the president (Forms o and (i, p. 10) must be filed 
 in the local office, in duplicate, for transmission to this office. No 
 new map will be required, except in case of deviations from the 
 right of way previously approved, whether before or after construc- 
 tion, when there must be filed new maps and field notes in full, as 
 herein provided, bearing proper forms, changed to agree with the facts 
 in the case. The map must show clearly the portions amended or 
 bear a statement describing them, and the location must be described 
 in the forms as the amended survey and the amended definite location. 
 In such cases the company must file a relinquishment, under seal, of 
 all rights under the former approval as to the portions amended, said 
 relinquishment to take effect when the map of amended definite loca- 
 tion is approved by the honorable Secretary. 
 
 BINGER HERMANN, 
 
 Commissioner of the General Land Office. 
 Approved November 4, 18!)8. 
 C. N. BLISS, 
 
 Secretary of the Interior.
 
 FOBMS FOR DUE PEOOFS, AND VERIFICATION OF MAPS OF RIGHT OF WAY FOR 
 
 FOR RAILROADS. 
 
 FORM 1. 
 
 I, , secretary (or president) of the company, do hereby certify 
 
 that the organization of said company has been completed; that the company is 
 fully authorized to proceed with construction according to the existing laws of 
 the State (or Territory) of ; and that the copy of the articles of association 
 (or incorporation) of the company filed in the Department of the Interior is a 
 true and correct copy of the same. 
 
 I In witness whereof I have hereunto set my name and the corporate seal of the 
 company. 
 
 [SEAL OF COMPANY.] , 
 
 of the Company. 
 
 FORM 2. 
 
 STATE OF . 
 
 -, being duly sworn, says that he is the president of the 
 
 pany, and that tbe following is a true list of the officers of the said company, with 
 the full name and official designation of each, to wit: (Here insert the full name 
 and official designation of each officer. ) 
 [SEAL OF COMPANY.] , 
 
 President of Company. 
 
 Sworn and subscribed to before me this day of , 189 . 
 
 [SEAL.] . 
 
 Not art/ Public. 
 
 STATE OF 
 
 County of 
 
 . being duly sworn, says he is the chief engineer of (or is the 
 person employed to make the survey by) the - company: that the survey of 
 the said company's line of railroad described as follows: (here describe the line of 
 route as required by paragraph 12), a length of - miles, was made by him 
 (or under his direction) as chief engineer of (or as surveyor employed by) the 
 
 company and under its authority, commencing on the day of , ISO , 
 
 and ending on the day of - . 189; and that the survey of the said line 
 
 is accurately represented on this map and by the accompanying field notes. 
 
 Sworn and subscribed to before me this day of . 1.s<)- 
 
 [SEAL.] 
 
 Public. 
 9
 
 10 
 
 FORM 4. 
 
 I, , do hereby certify that I am president of the - company; 
 
 that , who subscribed the accompanying affidavit, is the chief engi- 
 
 neer of (or was employed to make the survey by) the said company; that the 
 survey of the said railroad, as accurately represented on this map and by the 
 accompanying field notes, was made under authority of the company; that the 
 company is duly authorized by its articles of incorporation to construct the said 
 railroad upon the location shown upon this map; that the said survey as repre- 
 sented on this map and by said field notes was adopted by resolution of its board 
 of directors on the day of - , 189 , as the definite location of the said 
 railroad, described as follows: (describe as in Form 3); and that this map has 
 been prepared to be filed in order to obtain the benefits of the act of Congress 
 approved March 3, 1875, entitled "An act granting to railroads the right of way 
 through the public lands of the United States." I further certify that the said 
 railroad is to be operated as a common carrier of passengers and freight. 
 
 President of the Company. 
 Attest: 
 [SEAL OF COMPANY.] , 
 
 Secretary. 
 
 FORM 5. 
 
 STATE OF - , 
 Count// of 
 
 being duly sworn, says that he is the chief engineer of (or was 
 employed to construct) the railroad of the -- company; that said railroad has 
 been constructed under his supervision, as follows: (describe as in paragraph 12) 
 
 a total length of - miles; that construction was commenced on the' day 
 
 of , 189 . and completed on the day of , 189 ; and that the con- 
 structed railroad conforms to the map and field notes which received the approval 
 of the Secretary of the Interior on the day of . 189 . 
 
 Sworn and subscribed to before me this day of , 189. 
 
 [SEAL.] 
 
 Notary Public. 
 
 FORM I). 
 
 I, , do hereby certify that I am the president of the company; 
 
 that the railroad described as follows: (describe as in Form 5) was actually con- 
 structed as set forth in the accompanying affidavit of , chief engineer 
 (or the person employed by the company in the premises) ; that the location of the 
 constructed railroad conforms to the map and field notes approved by the Secre- 
 tary of the Interior on the day of - , 189 ; and that the company has in 
 
 all things complied with the requirements of the act of Congress approved March 
 3, 1875, entitled li An act granting to railroads the right of way through the public 
 lands of the United States." 
 
 President of tlic Compaui/. 
 Attest: 
 [SEAL OF COMPANY.] 
 
 Secretary.
 
 11 
 
 FORM 7. 
 
 STATE OF , 
 
 County of , ss: 
 
 , being duly sworn, says he is the chief engineer of (or is the person 
 
 employed to make the survey by) the company; that the survey of the tract 
 described as follows: (here describe as required by paragraph 12) an area of 
 acres, and no more, was made by him (or under his direction) as chief engineer of 
 the company (or as surveyor employed by the company) , and under its authority, 
 
 commencing on the day of , 189 , and ending on the day of , 
 
 189 ; that the survey of the said tract is accurately represented on this plat and by 
 the accompanying field notes; that the company has occupied no other grounds 
 for similar purposes upon public lands within the section of 10 miles, from the 
 
 mile to the mile, for which this selection is made; that, in his belief, the 
 
 said grounds are actually and to their entire extent required by the company for 
 the necessary uses contemplated by the act of Congress approved March 3, 1875, 
 entitled "An act granting to railroads the right of way through the public lands 
 of the United States. 1 ' 
 
 Subscribed and sworn to before me this day of , 189 . 
 
 [SEAL.] 
 
 Notary Public. 
 
 FORM 8. 
 
 I, , do hereby certify that I am president of the company: 
 
 that , who subscribed the accompanying affidavit, is the chief engi- 
 neer of .(or- was employed to make the survey by) the said company; that the sur- 
 vey of the tract described as follows: (here describe as in Form 7) an area of 
 acres, and no more, was made under authority of the company: that the said sur- 
 vey, as represented on this map and by said field notes, was adopted by resolution 
 
 of its board on the day of , 189 . as the definite location of said tract 
 
 for station grounds; that the company has occupied no other grounds for similar 
 
 purposes upon public lands within the section of 10 miles, from the mile to 
 
 the mile, for which this selection is made; that, in his belief, the said grounds 
 
 are actually and to their entire extent required by the company for the necessary 
 uses contemplated by the act of Congress approved March 8, 1895, entitled "An 
 act granting to railroads the right of way through the public lands of the United 
 States." 
 
 President of the Company. 
 Attest: 
 
 [SEAL OF COMPANY.] 
 
 Secretary.