[Code of Federal Regulations]
[Title 25, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 25CFR169.22]

[Page 515-516]
 
                            TITLE 25--INDIANS
 
     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
 
PART 169--RIGHTS-OF-WAY OVER INDIAN LANDS--Table of Contents
 
Sec. 169.22  Service lines.

    (a) An agreement shall be executed by and between the landowner or a 
legally authorized occupant or user of individually owned land and the 
applicant before any work by the applicant

[[Page 516]]

may be undertaken to construct a service line across such land. Such a 
service line shall be limited in the case of power lines to a voltage of 
14.5 kv. or less except lines to serve irrigation pumps and commercial 
and industrial uses which shall be limited to a voltage not to exceed 
34.5 kv. A service line shall be for the sole purpose of supplying the 
individual owner or authorized occupant or user of land, including 
schools and churches, with telephone, water, electric power, gas, and 
other utilities for use by such owner, occupant, or user of the land on 
the premises.
    (b) A similar agreement to that required in paragraph (a) of this 
section shall be executed by the tribe or legally authorized occupant or 
user of tribal land and the applicant before any work by the applicant 
may be undertaken for the construction of a service line across tribal 
land. A service line shall be for the sole purpose of supplying an 
occupant or user of tribal land with any of the utilities specified in 
paragraph (a) of this section. No agreement under this paragraph shall 
be valid unless its execution shall have been duly authorized in advance 
of construction by the governing body of the Indian tribe whose land is 
affected, unless the contract under which the occupant or user of the 
land obtained his rights specifically authorizes such occupant or user 
to enter into service agreements for utilities without further tribal 
consent.
    (c) In order to encourage the use of telephone, water, electric 
power, gas and other utilities and to facilitate the extension of these 
modern conveniences to sparsely settled Indian areas without undue costs 
the agreement referred to in paragraph (a) of this section shall only be 
required to include or have appended thereto, a plat or diagram showing 
with particularity the location, size, and extent of the line. When the 
plat or diagram is placed on a separate sheet it shall bear the 
signature of the parties. In case of tribal land, the agreement shall be 
accompanied by a certified copy of the tribal authorization when 
required.
    (d) An executed copy of the agreement, together with a plat or 
diagram, and in the case of tribal land, an authenticated copy of the 
tribal authorization, when required, shall be filed with the Secretary 
within 30 days after the date of its execution. Failure to meet this 
requirement may result in the removal of improvements placed on the land 
at the expense of the party responsible for the placing of such 
improvements and subject such party to the payment of damages caused by 
his unauthorized act.