Chapter 505. Authorizing the Secretary of the Interior to grant right of way for pipe lines through Indian lands
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CHAP. 505.— An Act Authorizing the Secretary of the Interior to grant right of way for pipe lines through Indian lands. March 11, 1904. [[S. 3317](/us/bill/58/s/3317).] [[Public, No. 45](/us/pl/58/45).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That*, Indian lands. Right of way granted to oil, etc., pipe lines through. the Secretary of the Interior is hereby 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 Indian Territory, through any lands reserved for au 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.
No suchSecretary of Interior to approve location. lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from, and the maps of definite location of said lines approved by, the Secretary of the Interior: *Provided,* That the construction of lateral lines from the main*Provisos*.Lateral pipe lines. 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 lauds 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 pipePipe lines laid under railroads. line under the line of any railroad, and satisfactory arrangements can not 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 beCompensation. paid the tribes in their tribal capacity and the individual allottees for such light 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 toAnnual tax. 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 five dollars for each ten miles of line so constructed and maintained under such rides and regulations as said Secretary may prescribe.
ButNo exemption from State, etc., taxes. 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, Territorial, or municipal authority. And incorporated cities and towns into and throughRights Of incorporated cities. which such pipe lines may he 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 ofUse of right of way restricted. such right of way except for pipe line, and then only so far as may be necessary for its construction, maintenance, and care: *Provided,* ThatTime limit. the rights herein granted shall not extend beyond a period of twenty years: *Provided further,* That the Secretary of the Interior, at theExtension. expiration of said twenty years, may extend the right to maintain any pipe line constructed under this Act 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.
Sec. 2. The right to alter, amend, or repeal this Act is expresslyAmendment. reserved. Approved, March 11, 1904.