§320 Acquisition of lands for reservoirs or materials

Summary

The Secretary of the Interior can allow a railroad that runs through an Indian reservation to get land there for reservoirs, material or ballast pits, or for planting trees to protect the track. A railroad that wants land must apply, describe the land, and pay the price the Secretary agrees on. The Secretary will set the terms and rules and then transfer the land to the railroad. There are limits: no more than 40 acres for any one reservoir, and no more than 160 acres for any material or ballast pit. Also, at most one reservoir and one material or gravel pit are allowed in any 10-mile stretch of the railroad inside a reservation. Land for tree planting must be strips next to the railroad no wider than 150 feet, and only where the Secretary says they are needed. Money paid for the land goes into the U.S. Treasury for the tribe. Any payments for damage to individual Indians are fixed by the Secretary, paid by the railroad to the Secretary, and then paid to the affected Indians. The same rules apply to allotted lands that have not been fully given to the allottee with the right to sell; the Secretary will set and handle the damages for those allottees.