Private Law 90–291

First.—

A tract of land in the Arapaho National Forest and in Clear Creek and Grand Counties, Colorado, not to exceed 150 feet in horizontal width, within which tract shall be located a tunnel to be excavated by American Metal Climax, Incorporated, from the portal thereof at a point in Grand County, Colorado, in what will probably be, when surveyed, township 3 south, range 77 west of the sixth principal meridian, to the mining property belonging to said company in Clear Creek County, Colorado, said tract to lie described by metes and bounds survey which shall be completed by the Secretary of the Interior within six months after the effective date of this Act, excepting and reserving, however, unto the United States the surface thereof and full rights to the soil, vegetation, and other surface resources.

Second.—

A tract or tracts of land in the Arapaho National Forest, and in Grand County, Colorado, which, when consolidated with hinds already owned by American Metal Climax, Incorporated, will comprise a consolidated tract not to exceed eight, hundred feet in horizontal width, within which consolidated tract shall be located a railroad to be constructed by American Metal Climax, Incorporated, from the portal of the tunnel referred to in the first subparagraph of this section to lands said company has applied for in exchange pursuant to the Act of March 20, 1922 (42 Stat. 465), as amended, said

43 Stat. 1090.

16 USC 485, 486.

tract or tracts to be described by metes and bounds survey which shall be completed by the Secretary of the Interior within six months after the effective date of this Act, excepting and reserving, however, unto the United States an easement of access through and across the tract or tracts, together with the right at such time or times and at such place or places on the tract or tracts as is deemed necessary or desirable by the United States, at its own expense, to construct and maintain means of access or game crossings in, across and through the tract or tracts, in addition to those constructed by and at the expense of American Metal Climax, Incorporated, at the time said railroad is constructed: Provided, That the construction, maintenance and use of said additional means of access or game crossings shall not obstruct, interfere with or otherwise hinder, impede or delay the operation of the mine, mill, railroad, or related facilities belonging to American Metal Climax, Incorporated, its successors and assigns. Title to the tract or tracts patented pursuant to this subparagraph of this section shall, however, be conveyed to and held by American Metal Climax, Incorporated, its successors and assigns, subject to the following condition: Whenever said company, its successors and assigns, shall no longer require the use. and possession of the said consolidated tract, the then owner thereof shall tender to the United States its deed conveying said consolidated tract to the United States in such form and under such conditions as may then be prescribed by the United States. The then owner shall be deemed to no longer require the use and possession of the said consolidated tract only (A) when the fixtures, structures, and improvements constructed or maintained thereon have been removed, without being replaced, within a period of five years from the time of such removal, with fixtures, structures and improvements constructed for uses substantially similar to or associated with the uses to which the fixtures, structures, and improvements so removed were put, or (B) when the use and possession of said consolidated tract shall ave been permanently abandoned.