25 U.S.C. § 321 — Rights-of-way for pipe lines

Page 74 TITLE 25—INDIANS § 319 288, title I, § 103(a), 63 Stat. 380; 1949 Reorg. Plan No. 7, § 1, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1070, related to location and design of roads by the Bureau of Public Roads. § 319. Rights-of-way for telephone and telegraph lines The Secretary of the Interior is authorized and empowered to grant a right of way, in the na- ture of an easement, for the construction, oper- ation, and maintenance of telephone and tele- graph lines and offices for general telephone and telegraph business through any Indian reserva- tion, through any lands held by an Indian tribe or nation in the former Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connec- tion with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allot- tee with full power of alienation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from the Secretary of the In- terior, and the maps of definite location of the lines shall be subject to his approval. The com- pensation to be paid the tribes in their tribal ca- pacity and the individual allottees for such right of way through their lands shall be deter- mined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval; and where such lines are not sub- ject to State or Territorial taxation the com- pany or owner of the line shall pay to the Sec- retary of the Interior, for the use and benefit of the Indians, such annual tax as he may des- ignate, not exceeding $5 for each ten miles of line so constructed and maintained; and all such lines shall be constructed and maintained under such rules and regulations as said Secretary may prescribe. But nothing herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or municipal authority; and Congress hereby expressly reserves the right to regulate the tolls or charges for the trans- mission of messages over any lines constructed under the provisions of this section: Provided, That incorporated cities and towns into or through which such telephone or telegraphic lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so con- strued as to deny the right of municipal tax- ation in such towns and cities. (Mar. 3, 1901, ch. 832, § 3, 31 Stat. 1083.) Editorial Notes CODIFICATION The ‘‘former Indian Territory’’, referred to in text, was in the original ‘‘Indian Territory’’, and has been designated as former Indian Territory by virtue of the admission of such former Territory and the Territory of Oklahoma to the Union as the State of Oklahoma, pursuant to act June 16, 1906, ch. 3335, 34 Stat. 267. Section is comprised of the first par. of section 3 of act Mar. 3, 1901. The second par. of such section 3 is classified to section 357 of this title. § 320. Acquisition of lands for reservoirs or mate- rials When, in the judgment of the Secretary of the Interior, it is necessary for any railway com- pany owning or operating a line of railway in any Indian reservation to acquire lands in such Indian reservation for reservoirs, material, or ballast pits for the construction, repair, and maintenance of its railway, or for the purpose of planting and growing thereon trees to protect its line of railway, the said Secretary is author- ized to grant such lands to any such railway company under such terms and conditions and such rules and regulations as may be prescribed by the said Secretary. When any railway company desiring to secure the benefits of this provision shall file with the Secretary of the Interior an application describ- ing the lands which it desires to purchase, upon the payment of the price agreed upon the said Secretary shall cause such lands to be conveyed to the railway company applying therefor upon such terms and conditions as he may deem prop- er: Provided, That no lands shall be acquired under the terms of this provision in greater quantities than forty acres for any one res- ervoir, and one hundred and sixty acres for any material or ballast pit, to the extent of not more than one reservoir and one material or gravel pit in any one section of ten miles of any such railway in any Indian reservation: And pro- vided further, That the lands acquired for tree planting shall be taken only at such places along the line of the railway company applying therefor as in the judgment of the said Sec- retary may be necessary, and shall be taken in strips adjoining and parallel with the right of way of the railway company taking the same, and shall not exceed one hundred and fifty feet in width. All moneys paid for such lands shall be depos- ited in the Treasury of the United States to the credit of the tribe or tribes, and the moneys re- ceived by said Secretary as damages sustained by individual members of the Indian tribe, which damages shall be ascertained by the Sec- retary of the Interior and paid by the railway company taking such lands, shall be paid by said Secretary to the Indian or Indians sustaining such damages. The provisions of this section are extended and made applicable to any lands which have been allotted in severalty to any in- dividual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation; the damages and compensation to be paid to any Indian allottee shall be ascertained and fixed in such manner as the Secretary of the Interior may direct and shall be paid by the railway company to said Secretary; the damages and compensation paid to the Secretary of the Interior by the railway company taking any such land shall be paid by said Secretary to the allottee sustaining such damages. (Mar. 3, 1909, ch. 263, 35 Stat. 781, 782; May 6, 1910, ch. 204, 36 Stat. 349.) § 321. Rights-of-way for pipe lines The Secretary of the Interior is authorized and empowered to grant a right-of-way in the nature Page 75 TITLE 25—INDIANS § 322 of an easement for the construction, operation, and maintenance of pipe lines for the convey- ance of oil and gas through any Indian reserva- tion, through any lands held by an Indian tribe or nation in the former Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purpose in connec- tion with the Indian Service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allot- tee with full power of alienation upon the terms and conditions herein expressed. Before title to rights of way applied for hereunder shall vest, maps of definite location shall be filed with and approved by the Secretary of the Interior: Pro- vided, That before such approval the Secretary of the Interior may, under such rules and regula- tions as he may prescribe, grant temporary per- mits revocable in his discretion for the con- struction of such lines: Provided, That the con- struction of lateral lines from the main pipe line establishing connection with oil and gas wells on the individual allotments of citizens may be constructed without securing authority from the Secretary of the Interior and without filing maps of definite location, when the consent of the allottee upon whose lands oil or gas wells may be located and of all other allottees through whose lands said lateral pipe lines may pass has been obtained by the pipe-line com- pany: Provided further, That in case it is desired to run a pipe line under the line of any railroad, and satisfactory arrangements cannot be made with the railroad company, then the question shall be referred to the Secretary of the Inte- rior, who shall prescribe the terms and condi- tions under which the pipe-line company shall be permitted to lay its lines under said railroad. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval. And where such lines are not subject to State or Territorial taxation the com- pany or owner of the line shall pay to the Sec- retary of the Interior, for the use and benefit of the Indians, such annual tax as he may des- ignate, not exceeding $5 for each ten miles of line so constructed and maintained under such rules and regulations as said Secretary may pre- scribe. But nothing herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be law- fully assessed against them by either State, Ter- ritorial, or municipal authority. And incor- porated cities and towns into and through which such pipe lines may be constructed shall have the power to regulate the manner of construc- tion therein, and nothing herein contained shall be so construed as to deny the right of munic- ipal taxation in such towns and cities, and noth- ing herein shall authorize the use of such right of way except for pipe line, and then only so far as may be necessary for its construction, main- tenance, and care: Provided, That the rights herein granted shall not extend beyond a period of twenty years: Provided further, That the Sec- retary of the Interior, at the expiration of said twenty years, may extend the right to maintain any pipe line constructed under this section for another period not to exceed twenty years from the expiration of the first right, upon such terms and conditions as he may deem proper. The right to alter, amend, or repeal this section is expressly reserved. (Mar. 11, 1904, ch. 505, §§ 1, 2, 33 Stat. 65; Mar. 2, 1917, ch. 146, § 1, 39 Stat. 973.) Editorial Notes CODIFICATION The ‘‘former Indian Territory’’, referred to in text, was in the original ‘‘Indian Territory’’, and has been designated as former Indian Territory by virtue of the admission of such former Territory and the Territory of Oklahoma to the Union as the State of Oklahoma, pursuant to act June 16, 1906, ch. 3335, 34 Stat. 267. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior relating to compliance with rights-of-way across Indian lands, issued under section 321 et seq. of this title with respect to pre-con- struction, construction, and initial operation of trans- portation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal In- spector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix to Title 5, Gov- ernment Organization and Employees, effective July 1, 1979, pursuant to Ex. Ord. No. 12142, § 1–101, June 21, 1979, 44 F.R. 36927, set out as a note under section 719e of Title 15, Commerce and Trade. Office of Federal In- spector for the Alaska Natural Gas Transportation Sys- tem abolished and functions and authority vested in In- spector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Of- fice of Federal Inspector note under section 719e of Title 15. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordi- nator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15. § 322. Applicability of certain provisions to Pueb- lo Indians The provisions of the following statutes: Sections 311, 319, and 357 of this title; Sections 312 to 318 of this title; Section 321 of this title; and Sections 323 to 328 of this title, are extended over and made applicable to the Pueblo Indians of New Mexico and their lands, whether owned by the Pueblo Indians or held in trust or set aside for their use and occupancy by Executive order or otherwise, under such rules, regulations, and conditions as the Secretary of the Interior may prescribe. (Apr. 21, 1928, ch. 400, § 1, 45 Stat. 442; Pub. L. 94–416, § 3, Sept. 17, 1976, 90 Stat. 1275.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–416 inserted reference to sections 323 to 328 and 357 of this title with respect to the enumera- tion of statutes, struck out reference to section 935 of title 43 with respect to the enumeration of statutes, and inserted ‘‘whether owned by the Pueblo Indians or