WHEREAS, by the Act of Congress approved March 3, 1875, entitled, "An Act granting to railroads the right of way through the public lands of the United States", the right of way through the public lands of the United States was granted to railroads duly organized, subject to certain conditions and limitations as therein set forth;

          AND WHEREAS, by the Act approved March 3, 1899 (30 Stat., 1233), the Secretary of the Interior was authorized to approve rights of way across forest reservations or reservoir sites, in accordance with the foregoing enactments;

          AND WHEREAS, the YOSEMITE VALLEY RAILROAD COMPANY, a corporation duly organized under the laws of the State of CALIFORNIA, filed, in the United States Land Office at Stockton, California, on February 16, 1905, an application, accompanied by necessary proofs, as required by the foregoing acts, and the regulations adopted by the Secretary of the Interior to carry the same into effect, for a right of way across certain lands in the State of California, formerly a part of the Yosemite National Park, but which were excluded from said Park and made apart of the Sierra Forest Reserve by the Act of Congress approved February 7, 1905;

          AND WHEREAS, said application of the YOSEMITE VALLEY RAILROAD COMPANY for a right of way over the lands described was duly approved by the Secretary of the Interior under date of September 5, 1905, subject to the conditions and limitations imposed by law and the regulations;

           AND WHEREAS, the regulations approved by the Secretary of the Interior July 7, 1905, to carry into effect the above-mentioned Act of February 7, 1905, segregating certain lands from the Yosemite National Park and including the same within the Sierra Forest Reserve, provided,among other things, that an applicant for the privilege of transporting persons and material through such lands might be required to file in the Department of the Interior a stipulation agreeing to transport the cars of any other person or company over its road, upon the payment of such reasonable charge as might be determined upon;

          AND WHEREAS, said Act of February 7, 1905, excluding certain lands from the Yosemite National Park and making the same a part of the Sierra Forest Reserve, provide, among other things, as follows:

          "And provide further, That the Secretary of the Interior may require the payment of such price as he may deem proper for privileges on the land herein segregated from the Yosemite National Park and made a part of the Sierra Forest Reserve accorded under the Act approved February fifteenth, nineteen hundred and one, relating to the rights of way over certain parks, reservations, and other lands, and other acts concerning rights of way over public lands."

          NOW THEREFORE, In consideration of the premises, and of the granting of right of way hereinabove describe, the YOSEMITE VALLEY RAILROAD COMPANY, for itself, its successors and assigns, hereby covenants and agrees with THOMAS RYAN, Acting Secretary of the Interior, on behalf of the United States, as follows:

          FIRST, that it shall pay or cause to be paid to the Receiver of the UNITED STATES LAND OFFICE at STOCKTON, CALIFORNIA, or to such other person as may be designated by the Secretary of the Interior, in advance, upon the execution of this instrument, the sum of One Thousand Dollars, ($1000), each year; Provided, however, that after the expiration of three years the President of the UNITED STATES may adjust, fix and establish and other rate in lieu thereof which he may deem equitable and just; and transport free of charge over its line in and across the said Sierra Forest Reserve when traveling on official duty, all field employees of the Forest Service of the Department of Agriculture, including their personal baggage and equipment require by them in the performance of such official duty, and that all slash and debris resulting from construction work shall be piled and burned by its employees or agents under the direction of the Forest officer to be assigned on notice from the Company to the Forest Supervisor that such work is ready to be performed.

          SECOND. That When, in the judgement of the Secretary of the Interior, the convenience of the public requires it, the Company will, upon notice to that effect, permit the use of its tracks, sidings, switches, and right of way, and will furnish the necessary power, and do or furnish all things needful, to transport over its line the cars of such other person, firm or corporation as may be designated by the Secretary of the Interior. The schedule for the operation of the cars of such person, firm or corporation, and the amount of compensation to be paid to the Yosemite Valley Railroad Company, for such operation, shall be determined by agreement between the parties; or, in case of their failure to agree after thirty days' notice, the Secretary of the Interior shall prescribe such compensation and schedule.

          IN WITNESS WHEREOF the said Yosemite Valley Railroad Company has caused these presents to be execute in its corporate name and on its behalf by NATHANIEL C. RAY its attorney in fact thereunto duly authorized by a Resolution of the Board of Directors hereto attached, this          5th          day of September, 1905.

In presence of

          Wm. H. Lucie         

          W. S. Ayres Jr.