§320 Acquisition of Lands for Reservoirs or Materials

Summary

The Secretary of the Interior can give land inside Indian reservations to a railroad when the land is needed for reservoirs, material or ballast pits, or for planting trees to protect the tracks. A railroad that wants land must apply, describe the land, and pay the agreed price. The Secretary will transfer the land under rules he sets. Limits: no more than 40 acres for any one reservoir, 160 acres for any material or ballast pit, and at most one reservoir and one material/gravel pit in any 10-mile section. Tree-planting land must be where needed, in strips next to and parallel to the railroad, and no wider than 150 feet. Money paid for the land goes into the U.S. Treasury for the tribe(s). If individual Indians suffer damages, the Secretary will decide the amount; the railroad must pay that sum to the Secretary, who then pays the Indian(s). The same steps apply to allotted lands that are not yet fully transferable: the Secretary fixes the compensation, the railroad pays it to the Secretary, and the Secretary pays the allottee.