[PUBLIC - No. 76 - 69TH CONGRESS]
{H. R. 7979}
XXXXXXXXXX An Act Granting to the Yosemite Valley Railroad Company
the right of way through certain public lands for the relocation of part of
its existing railroad.
XXXX Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled. That there be and there hereby
is, granted to the Yosemite Valley Railroad Company, a corporation
organized under the laws of the State of California, the right of way
through certain public lands of the United States in the county of Mariposa,
said State of California, hereinafter described by reference to a map, for
the relocation of a portion of the existing railroad of said corporation, the
relocated railroad now under construction by Merced irrigation district in
pursuance of an agreement between said corporation and said district
dated July 10, 1923, whereby to enable said district to use a portion of
said railroad company's existing right of way as part of a certain reservoir
to be created by the construction, now under way, across the Merced River,
of a dam known as the Exchequer Dam under a license granted to said
district June 10, 1924 by the Federal Power Commission for a project for
irrigation and the development of electrical power designated as "Project
Numbered 88, California," which said right of way granted by this Act is
and shall be one hundred feet in width on each side of the central line of
the relocated railroad of said corporation through any public land of the
United States situated in any of the following subdivisions: Sections 3, 2,
and 1, township 5 south, range 15 east; sections 33, 26, 23, 14, 11, 12, and
1, township 4 south, range 15 east; sections 36, 35, 26, 23, and 24,
township 3 south, range 15 east, and sections 19, 20, and 17, township 3
south, range 16 east, all with reference to Mount Diablo base and meridian,
as said relocated railroad may be constructed in accordance with the
alignment thereof as delineated on a certain map now on file in the office
of the Commissioner of the General Land Office of the United States and
entitled "Amended map of relocation of the Yosemite Valley Railroad from
station 1296 + 16.2 P. 0. T., to station 2374 + 82.3 P. 0. T., Merced and
Mariposa Counties, California, January 15, 1926;" also that there be, and
there hereby is, granted to said Yosemite Valley Railroad Company the
right to take from the public lands adjacent to the line of said relocated
railroad material, earth stone, and timber necessary for the construction
thereof, and that there be, and there hereby is granted to said corporation
ground adjacent to said right of way for station buildings, depots, machine
shops, sidetracks, turnouts, and water stations, not to exceed in amount
twenty acres for each station, to the extent of one station for each ten
miles of road.
XXXXSEC. 2. That the grant of right of way herein made is and shall be upon
the condition that said corporation shall relinquish to the United States, by
a written instrument to be filed with and approved by the Commissioner
of the General Land Office, all those portions of the right of way of its
existing railroad between the point of departure of said relocated railroad
from said existing railroad, in the town of Merced Falls, county of Merced,
and the junction of said relocated railroad with said existing railroad near
the station known as Detwiler, county of Mariposa, which were acquired by
said corporation under the provisions of the Act of Congress entitled "An
Act granting to railroads the right of way through public lands of the
United States," approved March 3, 1875, said relinquishment to take effect
upon the acceptance of said relocated railroad by said corporation from
said Merced irrigation district, and upon the further condition that all
those portions of the right of way herein granted which are within the
aforesaid reservoir site as said reservoir site is shown upon a certain series
of maps referred to in said license granted to said district by the Federal
Power Commission, may be flooded by the impounding of water in said
reservoir to the extent indicated on the plans referred to in said license,
but not to a greater elevation than seven hundred and seven feet at said
Exchequer Dam, based on mean sea level datum as determined by the
United States Geological Survey.
XXXXSEC. 3. That the Secretary of the Interior be, and he hereby is,
authorized and directed to approve said map showing the alignment of
said relocated railroad, or an amended map showing such alignment,
without any other conditions than those expressed in this Act, whenever
he shall find that said map or amended map is in accordance with the
regulations issued pursuant to said Act of March 3, 1875, and upon such
approval by the Secretary of the Interior the right of way herein granted
shall be noted upon the plats in the land office for the district wherein said
right of way is located, and thereafter all the public lands of the United
States over which such right of way shall pass shall be disposed of subject
to such right of way: Provided, That if any section of said relocated railroad
shall not be completed within five years from the date of the approval of
this Act, the rights herein granted shall be forfeited as to any such
uncompleted section of said road.
XXXXApproved, March 27,1926.
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