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U.S. Code as of:
01/19/04
Section 312. Rights-of-way for railway, telegraph, and telephone lines; town-site stations
A right of way for a railway, telegraph, and telephone line
through any Indian reservation in any State or Territory, except
Oklahoma, or through any lands reserved for an Indian agency or for
other purposes in connection with the Indian service, or through
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, is granted to any
railroad company organized under the laws of the United States, or
of any State or Territory, which shall comply with the provisions
of sections 312 to 318 of this title and such rules and regulations
as may be prescribed thereunder: Provided, That no right of way
shall be granted under said sections until the Secretary of the
Interior is satisfied that the company applying has made said
application in good faith and with intent and ability to construct
said road, and in case objection to the granting of such right of
way shall be made, said Secretary shall afford the parties so
objecting a full opportunity to be heard: Provided further, That
where a railroad has heretofore been constructed, or is in actual
course of construction, no parallel right of way within ten miles
on either side shall be granted by the Secretary of the Interior
unless, in his opinion, public interest will be promoted thereby:
Provided, also, That as a condition precedent to each and every
grant of a right of way under authority of said sections, each and
every railway company applying for such grant shall stipulate that
it will construct and permanently maintain suitable passenger and
freight stations for the convenience of each and every town site
established by the Government along said right of way.
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