Provided, howeverProvided furtherProvided furtherAll lands in the State of Minnesota described in and withdrawn from sale by the proclamations of the President of the United States for the reason that said lands would be required for or subject to flowage in the construction of dams, reservoirs, and other works proposed to be erected for the improvement of the navigation of the Mississippi River and certain of its tributaries, are declared to be, and to have been at all times prior to , subject to the provisions of sections 934 to 939 of this title as fully, effectually, and to the same extent as though said lands had not been described in said proclamations, or withdrawn from sale thereby, but had remained with the body of public lands subject to private entry and sale: , That any and all parts of said lands acquired by any railroad company under said sections shall at all times be subject to the right of flowage which at any time may become necessary in the construction or maintenance of dams, reservoirs, or other works which may be constructed or erected by or under the authority of the United States for the improvement of the navigation of the Mississippi River and its tributaries: , That the railroad companies availing themselves of this section shall, in addition to filing the maps required by law on , to be filed, also file maps of definite location with elevation of rail of their lines of railroad over said water-reserve lands in the office of the Secretary of the Army; and no location shall be permitted which takes for right of way or stations or interferes with submergence of lands needed for the use of the reservoir system, existing on , or in the construction of dams or other works, or any proposed or probable extension of the same, or which will obstruct or increase the cost of the present or prospective reservoir system: , That the plan for the location and construction of any such railway, or any part thereof, shall be first submitted to the Secretary of the Army and approved by him and by the Chief of Engineers of the United States Army.
Feb. 27, 1901, ch. 61431 Stat. 815July 26, 1947, ch. 34361 Stat. 501(, ; , title II, § 205(a), .)
Statutory Notes and Related Subsidiaries
Change of Name
act July 26, 1947, ch. 343, title II61 Stat. 501act Aug. 10, 1956, ch. 104170A Stat. 641Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of , . Section 205(a) of act , was repealed by section 53 of , . Section 1 of act , enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
Repeal; Savings Provision
Pub. L. 94–579, title VII, § 706(a)90 Stat. 2793section 701 of Pub. L. 94–579section 1701 of this titleSection repealed by , , , effective on and after , 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. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on , see , set out as a note under .