[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: 25CFR169.24]

[Page 517]
 
                            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. 169.24  Railroads in Oklahoma.

    (a) The Act of February 28, 1902 (32 Stat. 43), authorizes right-of-
way grants across tribal and individually owned land in Oklahoma. 
Rights-of-way granted under that act shall be subject to the provisions 
of this section as well as other pertinent sections of this part 169. 
Except when otherwise determined by the Secretary, railroad rights-of-
way in Oklahoma granted under the Act of February 5, 1948 (62 Stat. 17; 
25 U.S.C. 323-328), shall also be subject to the provisions of this 
section.
    (b) One copy on tracing linen of the map of definite location 
showing the line of route and all lands included within the right-of-way 
must be filed with the Secretary. When tribal lands are involved, a copy 
of the map must also be filed with the tribal council.
    (c) Before any railroad may be constructed or any lands taken or 
condemned for any of the purposes set forth in section 13 of the Act of 
February 28, 1902 (32 Stat. 47), full damages shall be paid to the 
Indian owners.
    (d) After the maps have been filed, the matter of damages shall be 
negotiated by the applicant directly with the Indian owners. If an 
amicable settlement cannot be reached, the amount to be paid as 
compensation and damages shall be fixed and determined as provided in 
the statute. If court proceedings are instituted, the facts shall be 
reported immediately as provided in Sec. 169.21.