[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: 25CFR169.26]

[Page 518-519]
 
                            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. 169.26  Telephone and telegraph lines; radio, television, and other communications facilities.

    (a) The Act of February 15, 1901 (31 Stat. 790), as amended by the 
Act of March 4, 1940 (54 Stat. 41; 43 U.S.C. 959); the Act of March 4, 
1911 (36 Stat. 1253), as amended by the Act of May 27, 1952 (66 Stat. 
95; 43 U.S.C. 961); and the Act of March 3, 1901 (31 Stat. 1083; 25 
U.S.C. 319), authorize right-of-way grants across tribal, individually 
owned, and Government-owned land for telephone and telegraph lines and 
offices, for poles and lines for communication purposes, and for radio, 
television, and

[[Page 519]]

other forms of communication transmitting, relay, and receiving 
structures and facilities. Rights-of-way granted under these acts 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 
subject to the provisions of this section.
    (b) A right-of-way granted under the said Act of March 4, 1911, as 
amended, shall be limited to a term not exceeding 50 years from the date 
of the issuance of such grant.
    (c) No right-of-way shall be granted for a width in excess of 50 
feet on each side of the centerline, unless special requirements are 
clearly set forth in the application which fully justify a width in 
excess of 50 feet on each side of the centerline.
    (d) Applicants engaged in the general telephone and telegraph 
business may apply for additional land for office sites. The maps 
showing the location of proposed office sites shall be filed separately 
from those showing the line of route, and shall be drawn to a scale of 
50 feet to an inch. Such maps shall show enough of the line of route to 
indicate the position of the tract with reference thereto. The tract 
shall be located with respect to the public survey as provided in 
Sec. 169.8, and all buildings or other structures shall be platted on a 
scale sufficiently large to show clearly their dimensions and relative 
positions.
    (e) Rights-of-way for poles and lines for communication purposes, 
and for radio, television, and other forms of communication 
transmitting, relay, and receiving structures and facilities, shall be 
limited to 200 feet on each side of the centerline of such lines and 
poles; radio and television, and other forms of communication 
transmitting, relay, and receiving structures and facilities shall be 
limited to an area not to exceed 400 feet by 400 feet.