[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: 25CFR169.25]

[Page 517-518]
 
                            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. 169.25  Oil and gas pipelines.

    (a) The Act of March 11, 1904 (33 Stat. 65), as amended by the Act 
of March 2, 1917 (39 Stat. 973; 25 U.S.C. 321), authorizes right-of-way 
grants for oil and gas pipelines across tribal, individually owned and 
Government-owned land. 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, rights-of-way granted for such purposes under the Act of 
February 5, 1948 (62 Stat. 17; 25 U.S.C. 323-328) shall also be

[[Page 518]]

subject to the provisions of this section.
    (b) Rights-of-way, granted under aforesaid Act of March 11, 1904, as 
amended, for oil and gas pipelines, pumping stations or tank sites shall 
not extend beyond a term of 20 years and may be extended for another 
period of not to exceed 20 years following the procedures set out in 
Sec. 169.19 of this part.
    (c) All oil or gas pipelines, including connecting lines, shall be 
buried a sufficient depth below the surface of the land so as not to 
interfere with cultivation. Whenever the line is laid under a road or 
highway, the right-of-way for which has been granted under an approved 
application pursuant to an act of Congress, its construction shall be in 
compliance with the applicable Federal and State laws; during the period 
of construction, at least one-half the width of the road shall be kept 
open to travel; and, upon completion, the road or highway shall be 
restored to its original condition and all excavations shall be 
refilled. Whenever the line crosses a ravine, canyon, or waterway, it 
shall be laid below the bed thereof or upon such superstructure as will 
not interfere with the use of the surface.
    (d) The size of the proposed pipeline must be shown in the 
application, on the maps, and in the engineer's affidavit and 
applicant's certificate. The application and maps shall specify whether 
the pipe is welded, screw-joint, dresser, or other type of coupling. 
Should the grantee of an approved right-of-way desire at any time to lay 
additional line or lines of pipe in the same trench, or to replace the 
original line with larger or smaller pipe, written permission must first 
be obtained from the Secretary and all damages to be sustained by the 
owners must be paid in advance in the amount fixed and determined by the 
Secretary.
    (e) Applicants for oil or gas pipeline rights-of-way may apply for 
additional land for pumping stations or tank sites. The maps shall show 
clearly the location of all structures and the location of all lines 
connecting with the main line. Applicants for lands for pumping stations 
or tank sites shall execute and file a stipulation agreeing as follows:
    (1) Upon abandonment of the right-of-way to level all dikes, fire-
guards, and excavations and to remove all concrete masonry foundations, 
bases, and structural works and to restore the land as nearly as may be 
possible to its original condition.
    (2) That a grant for pumping station or tank site purposes shall be 
subservient to the owner's right to remove or authorize the removal of 
oil, gas, or other mineral deposits; and that the structures for pumping 
station or tank site will be removed or relocated if necessary to avoid 
interference with the exploration for or recovery of oil, gas, or other 
minerals.
    (f) Purely lateral lines connecting with oil or gas wells on 
restricted lands may be constructed upon filing with the Secretary a 
copy of the written consent of the Indian owners and a blueprint copy of 
a map showing the location of the lateral. Such lateral lines may be of 
any diameter or length, but must be limited to those used solely for the 
transportation of oil or gas from a single tract of tribal or 
individually owned land to another lateral or to a branch of the main 
line.
    (g) The applicant, by accepting a pipeline right-of-way, thereby 
agrees that the books and records of the applicant shall be open to 
inspection by the Secretary at all reasonable times, in order to obtain 
information pertaining in any way to oil or gas produced from tribal or 
individually owned lands or other lands under the jurisdiction of the 
Secretary.