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U.S. Code as of:
01/19/04
Section 320. Acquisition of lands for reservoirs or materials
When, in the judgment of the Secretary of the Interior, it is
necessary for any railway company owning or operating a line of
railway in any Indian reservation to acquire lands in such Indian
reservation for reservoirs, material, or ballast pits for the
construction, repair, and maintenance of its railway, or for the
purpose of planting and growing thereon trees to protect its line
of railway, the said Secretary is authorized to grant such lands to
any such railway company under such terms and conditions and such
rules and regulations as may be prescribed by the said Secretary.
When any railway company desiring to secure the benefits of this
provision shall file with the Secretary of the Interior an
application describing the lands which it desires to purchase, upon
the payment of the price agreed upon the said Secretary shall cause
such lands to be conveyed to the railway company applying therefor
upon such terms and conditions as he may deem proper: Provided,
That no lands shall be acquired under the terms of this provision
in greater quantities than forty acres for any one reservoir, and
one hundred and sixty acres for any material or ballast pit, to the
extent of not more than one reservoir and one material or gravel
pit in any one section of ten miles of any such railway in any
Indian reservation: And provided further, That the lands acquired
for tree planting shall be taken only at such places along the line
of the railway company applying therefor as in the judgment of the
said Secretary may be necessary, and shall be taken in strips
adjoining and parallel with the right of way of the railway company
taking the same, and shall not exceed one hundred and fifty feet in
width.
All moneys paid for such lands shall be deposited in the Treasury
of the United States to the credit of the tribe or tribes, and the
moneys received by said Secretary as damages sustained by
individual members of the Indian tribe, which damages shall be
ascertained by the Secretary of the Interior and paid by the
railway company taking such lands, shall be paid by said Secretary
to the Indian or Indians sustaining such damages. The provisions of
this section are extended and made applicable to any lands which
have been allotted in severalty to any individual Indian under any
law or treaty, but which have not been conveyed to the allottee
with full power of alienation; the damages and compensation to be
paid to any Indian allottee shall be ascertained and fixed in such
manner as the Secretary of the Interior may direct and shall be
paid by the railway company to said Secretary; the damages and
compensation paid to the Secretary of the Interior by the railway
company taking any such land shall be paid by said Secretary to the
allottee sustaining such damages.
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