§ 321. — Rightsofway for pipe lines.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC321]
TITLE 25--INDIANS
CHAPTER 8--RIGHTS-OF-WAY THROUGH INDIAN LANDS
Sec. 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 of an easement for the construction,
operation, and maintenance of pipe lines for the conveyance of oil and
gas through any Indian reservation, 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
connection 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 allottee 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: Provided, That before such approval the Secretary of the
Interior may, under such rules and regulations as he may prescribe,
grant temporary permits revocable in his discretion for the construction
of such lines: Provided, That the construction 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 company: 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 Interior, who shall prescribe the terms
and conditions 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 company or owner of the line shall pay to the
Secretary of the Interior, for the use and benefit of the Indians, such
annual tax as he may designate, not exceeding $5 for each ten miles of
line so 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 incorporated cities and towns
into and through which such pipe lines may be constructed shall have the
power to regulate the manner of construction therein, and nothing herein
contained shall be so construed as to deny the right of municipal
taxation in such towns and cities, and nothing 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, maintenance, and care:
Provided, That the rights herein granted shall not extend beyond a
period of twenty years: Provided further, That the Secretary 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, Secs. 1, 2, 33 Stat. 65; Mar. 2, 1917, ch. 146,
Sec. 1, 39 Stat. 973.)
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.
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-construction, construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal
Inspector, Office of Federal Inspector 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, Secs. 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, set out in the Appendix to Title 5, Government Organization
and Employees, effective July 1, 1979, pursuant to Ex. Ord. No. 12142,
Sec. 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
Inspector for the Alaska Natural Gas Transportation System abolished and
functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of
Office of Federal Inspector note under section 719e of Title 15.
Section Referred to in Other Sections
This section is referred to in section 322 of this title.
