Page:United States Statutes at Large Volume 46 Part 1.djvu/86

 42 Proviso. Compensation for the lands retained . Unsatisfied indem- nity selection rights clai med, he reby for - tcited. Vol. 13, p. 365 ; vol. 16, p. 379. Reserved rights un- der former laws con - tinued. Pol icy as to disp osi- tion of granted lands not departe d from. Further l egis lat ion authorized. Railroad right of way, etc ., not affected. Institution of pro- ceedings to judicially de term ine all co ntro - vers ies res pecting said grants, etc. SEVENTY-FIRST CONGRESS. SESS. I. Cx. .41. 1929 . a deficiency in the said land grants to the Northern Pacific Railroad Company upon the dates of the withdrawals of the said indemnity lan ds for govern mental purpos es, would be, or were, av ailable to the No rthern Pacific Railroad Compa ny or its successor, the Nort hern Pacific Railway Company, by indemnity selection or otherwise in satisfaction of such deficiency in said land grants, are hereby taken out of and removed from the operation of the said land grants, and are hereby retained by the United States as part and parcel of the Government reservations wherein they are situate, relieved and freed from all claims, if any exist, which the Northern Pacific Railroad Company or its successor, the Northern Pacific Railway Company, may have to acquire the said lands by indemnity selection or otherwise in satisfaction of the said land grants : Provided, That for any or all of the aforesaid indemnity lands hereby retained by the United States under this Act the Northern Pacific Railroad Company or its successor, the Northern Pacific Railway Company, or any subsidiary of either or both, or any subsidiary of a subsidiary of either or both, shall be entitled to and shall receive compensation from t he Unites States to the exten t and in the amounts, if any, the courts hold that compensation is due from the United States. SEC. 2. That all of the unsatisf ied indemnity selection righ ts, if any exist, claimed by the Northern Pacific Railroad Company or its successor, the Northern Pacific Railway Company, or any subsidiary of either or both, or any subsidiary of a subsidiary of either or both, or by any grantee or assignee of either or both, together with all claims to additional lands under and by virtue of the land grants contained in the Act of July 2, 1864, and resolution of May 31, 1870, or any oth er Acts of Congress supplemen tal or relating thereto, are' hereby declared forfeited to the United States. SEc. 3 . The rights reserved to the United States in the Act of July 2, 1864, to add to, alter, amend, or repeal said Act, and in the resolution of May 31, 1870, to alter or amend said resolution, are not to be considered as fully exercised, waived, or destroyed by this Act or the exercise of the authority conferred hereby ; and the passage of this Act shall not be construed as in anywise evidencing the purpose or intention of Congress to depart from the policy of the United States expressed in the resolution of May 31, 1870, relative to the disposition of granted lands by said grantee, and the right is hereby reserved to the United States to, at any time, enact further legislation relating thereto. SEc. 4 . The provisions of this Act shall not be construed as affecting the present title of the Nort hern Pacific Railroad Company or its successors, the Northern Pacific Railway Company, or any subsidiary of either or both, in the right of way of said road or lands actually used in good faith by the Northern Pacific Railway Company in the operation of said road. SE c. 5 . The Attorn ey General is hereby autho rized and dir ected forthwith to institute and prosecute su ch suit, or suits, as may, in his judgment, be required to remove the cloud cast upon the title to lands belonging to the United States as a result of the claim of said companies, and to have all said controversies and disputes respecting the operation and effect of said grants, and actions taken under them, judicially determined, and a full accounting had between the United States and said companies, and a determination niade of the extent, if any, to which the said companies, or either of them, may be entitled to have patented to them additional lands of the United States in satisfaction of said grants, and as to whether either of the said companies is lawfull y entitled to all or any part of the lands within the indemnity limits for which patents have not issued, and the extent to which the United States may be entitled to

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