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VIII.

OF LANDS GRANTED TO AID IN BUILDING À HÀR-
BOR AND SHIP-CANAL AT PORTAGE LAKE, KEWEE.
NAW POINT, LAKE SUPERIOR.

ACT OF MARCH 3, 1865-13 U. S. STATUTES AT LARGE, 519.

AN ACT granting Land to the State of Michigan, to aid in Building a Harbor and Ship-Canal at Portage Lake, Keweenaw Point, Lake Superior.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That there be, and is hereby, granted to the State of Michigan the right of locating and constructing a breakwater and Harbor and shipcanal through any public lands at or upon the neck of land on Lake Superior known as "The Portage:" Provided, That not more than one thousand feet in width on the bank of Lake Superior shall be occupied by said breakwater and harbor, and that a strip of land not more than four hundred feet in width on said neck of land shall be occupied by said canal: And provided further, That said ship-canal shall be at least one hundred feet in width, with a depth of water not less than thirteen feet.

SEC. 2. And be it further enacted, That there be, and hereby is, granted to the said State of Michigan, for the purpose of aiding said State in constructing and completing a harbor and ship-canal to connect the waters of Lake Superior with the waters of Portage Lake, two hundred thousand acres of public lands, to be selected in subdivisions agreeably to the United States survey, by an agent or agents appointed by the Governor of said State, subject to the approval of the Secretary of the Interior, for any lands in the upper peninsula of said State subject to private entry: Provided, That said selections shall be made from alternate and odd numbered sections of land nearest the location of said canal in said upper peninsula, not otherwise appropriated, and not from lands designated by the Uni

ted States as "mineral" before the passage of this act, nor from lands to which the rights of preemption or homestead have attached.

SEC. 3. And be it further enacted, That the said lands hereby granted shall be subject to the disposal of the Legislature of said State, or if the Legislature thereof shall not be in session, or shall adjourn within ten days after the passage and approval of this act, then said lands shall be subject to the disposal of the Governor and the Board of Control of said State, for the purpose aforesaid, and for no other; and the said canal shall be and remain a public highway for the use of the government of the United States, free from toll or charge upon the vessels of said government, or upon vessels employed by said government in the transportation of any property or troops of the United States.

SEC. 4. And be it further enacted, That before it shall be competent for said State to dispose of any of said lands, to be selected as aforesaid, the plan of said breakwater and harbor, and the route of said canal shall be established as aforesaid, and a plat or plats thereof shall be filed in the office of the War Department, and a duplicate thereof in the office of the commissioner of the general land-office.

SEC. 5. And be it further enacted, That if the said breakwater, harbor, and ship-canal shall not be completed within two years from the passage of this act, the lands hereby granted shall revert to the United States.

SEC. 6. And be it further enacted, That the Legislature of said State shall cause to be kept an accurate account of the sales and nett proceeds of the lands hereby granted, and of all expenditures in the construction, repairs, and operating of said canal, and of the earnings thereof, and shall return a statement of the same annually to the Secretary of the Interior; and whenever said State shall be fully reimbursed for all advances made for the construction, repairs, and operating of said canal, with legal interest on all advances, until the reimbursement of the same, or upon payment by the United States of any balance of

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LANDS DONATED TO MICHIGAN.

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such advances over such receipts from said lands and canal, with such interest, the said State shall be allowed to tax for the use of said canal only such tolls as shall be sufficient to pay all necessary expenses for the care, charge, and repair of the same. Approved March 3, 1865.

ACT OF JULY 3, 1865-U. S. STATUTES AT LARGE, 1865–6, 81.

AN ACT granting Lands to the State of Michigan to aid in the Construction of a Harbor and Ship-Canal at Portage Lake, Keweenaw Point, Lake Superior, in said State.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That there be, and hereby is, granted to the State of Michigan, to aid in the building of a harbor and ship-canal at Portage lake, Keweenaw Point, Lake Superior, in addition to a former grant for that purpose, approved March the third, eighteen hundred and sixtyfive, two hundred thousand acres of land in the upper peninsula of the State of Michigan, and from land to which the right of homestead or preemption has not attached: Provided, That one hundred and fifty thousand acres of said lands shall be selected from alternate odd numbered sections, and fifty thousand acres from even numbered sections of the lands of the United States. Said grant of land shall inure to the use and benefit of the Portage Lake and Lake Superior Ship-Canal company, in accordance with an act of the Legislature of the State of Michigan, conferring the land granted to the said State, by the act herein referred to, on said company: And provided further, That the time allowed for the completion of said work and the right of reversion to the United States, under the said act of Congress, approved March the third, eighteen hundred and sixty-five, be extended three additional years: And provided further, That no lands designated by the United States as mineral" before the passage of this act shall be included within this grant.

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"Approved July 3, 1866.

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