Public Law 39–XXXII

That there be, and hereby is, granted to the State of Wisconsin for the purpose of aiding said State in constructing and completing a breakwater and harbor and ship canal to connect the waters of Green bay with the waters of Lake Michigan, 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, from lands subject to private entry: Provided,

Proviso.

Selections, how made.

That said selections shall all be made from alternate and odd numbered sections of land nearest the location of said harbor and canal in said State not otherwise appropriated, and not from lands designated by the United States as “mineral” before the passage of this act, nor from lands to which the rights of pre-emption or homestead have attached.

Sec. 2.

And be it further enacted, That the said lands hereby granted

Lands subject to disposal of legislature, &c.

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 board of commissioners of school, university, and swamp lands of said State, for the purposes aforesaid, and for no other; and the said canal shall be and remain a public highway for

Canal to be public highway, &c.

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. 3.

And be it further enacted, That before it shall be competent for

Plans, &c., to be filed in departments.

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, and a plat or plats thereof shall be filed in the office of the War Department, and a duplicate thereof filed in the office of the Commissioner of the General Land Office.

Sec. 4.

And be it further enacted, That if the said breakwater, harbor,

Unless work is completed in three years, unsold lands revert to the United States.

and canal, shall not be completed within three years from the passage of this act, the lands hereby granted and remaining unsold shall revert to the United States.

Sec. 5.

And be it further enacted, That the legislature of said state

Account to be kept; and when work is paid for, only such tolls, &c.

shall cause to be kept an accurate account of the sales and net proceedsTHIRTY-NINTH CONGRESS. Sess. I. Ch. 32, 33, 39. 1866. 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 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.

Sec. 6.

And be it further enacted, That said ship canal shall be at least

Width and depth of canal.

one hundred feet in width, with a depth of water not less than thirteen feet.