[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: 25CFR169.27]

[Page 519-521]
 
                            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. 169.27  Power projects.

    (a) 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), authorizes right-of-way 
grants across tribal, individually owned and Government-owned land for 
electrical poles and lines for the transmission and distribution of 
electrical power. 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 subject to the 
provisions of this section.
    (b) All applications, other than those made by power-marketing 
agencies of the Department of the Interior, for authority to survey, 
locate, or commence construction work on any project for the generation 
of electric power, or the transmission or distribution of electrical 
power of 66 kV or higher involving Government-owned lands shall be 
referred to the Office of the Assistant Secretary of the Interior for 
Water and Power Resources or such other agency as may be designated for 
the area involved, for consideration of the relationship of the proposed 
project to the power development program of the United States. Where the 
proposed project will not conflict with the program of the United 
States, the Secretary, upon notification to the effect, may then proceed 
to act upon the application. In the case of necessary changes respecting 
the proposed location, construction, or utilization of the project in 
order to eliminate conflicts with the power development program of the 
United States, the Secretary shall obtain from the applicant written 
consent to or compliance with such requirements before taking further 
action on the application.
    (c) 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.
    (d) Rights-of-way for power lines shall be limited to those widths 
which can be justified and in no event shall exceed a width of 200 feet 
on each side of the centerline.
    (e) The applicant shall make provision, or bear the reasonable cost 
(as may be determined by the Secretary)

[[Page 520]]

of making provision, for avoiding inductive interference between any 
project transmission line or other project works constructed, operated, 
or maintained by it on the right-of-way authorized under the grant and 
any radio installation, telephone line, or other communication 
facilities now or hereafter constructed and operated by the United 
States or any agency thereof. This provision shall not relieve the 
applicant from any responsibility or requirement which may be imposed by 
other lawful authority for avoiding or eliminating inductive 
interference.
    (f) An applicant for a right-of-way for a transmission line across 
Government-owned lands having a voltage of 66 kV or more must, in 
addition to the stipulation required by Sec. 169.5, execute and file 
with its application a stipulation agreeing to accept the right-of-way 
grant subject to the following conditions:
    (1) The applicant agrees that, in the event it becomes necessary for 
the United States to acquire the applicant's transmission line or 
facilities constructed on or across such right-of-way, the United States 
reserves the right to acquire such line or facilities at a sum to be 
determined upon by a representative of the applicant, a representative 
of the Secretary of the Interior, and a third representative to be 
selected by the other two for the purpose of determining the value of 
such property thus to be acquired by the United States.
    (2) To allow the Department of the Interior to utilize for the 
transmission of electrical power any surplus capacity of the line in 
excess of the capacity needed by the holder of the grant for the 
transmission of electrical power in connection with the applicant's 
operations, or to increase the capacity of the line at the Department's 
expense and to utilize the increased capacity for the transmission of 
electrical power. Utilization by the Department of surplus or increased 
capacity shall be subject to the following terms and conditions:
    (i) When the Department desires to utilize surplus capacity thought 
to exist in a line, notification will be given to the applicant and the 
applicant shall furnish to the Department within 30 days a certificate 
stating whether the line has any surplus capacity not needed by the 
applicant for the transmission of electrical power in connection with 
the applicant's operations, and, if so, the extent of such surplus 
capacity.
    (ii) In order to utilize any surplus capacity certified by the 
applicant to be available, or any increased capacity provided by the 
Department at its own expense, the Department may interconnect its 
transmission facilities with the applicant's line in a manner 
conformable to approved standards of practice for the interconnection of 
transmission circuits.
    (iii) The expense of interconnection will be borne by the 
Department, and the Department will at all times provide and maintain 
adequate switching, relaying, and protective equipment so as to insure 
that the normal and efficient operation of the applicant's line will not 
be impaired.
    (iv) After any interconnection is completed, the applicant shall 
operate and maintain its line in good condition; and, except in 
emergencies, shall maintain in a closed position all connections under 
the applicant's control between the applicant's line and the 
interconnecting facilities provided by the Department.
    (v) The interconnected power systems of the Department and the 
applicant will be operated in parallel.
    (vi) The transmission of electrical power by the Department over the 
applicant's line will be effected in such manner and quantity as will 
not interfere unreasonably with the applicant's use and operation of the 
line in accordance with the applicant's normal operating standards, 
except that the Department shall have the exclusive right to utilize any 
increased capacity of the line which has been provided at the 
Department's expense.
    (vii) The applicant will not be obligated to allow the transmission 
over its line by the Department of electrical power to any person 
receiving service from the applicant on the date of the filing of the 
application for a grant, other than persons entitled to statutory 
preference in connection with the distribution and sale of electrical 
power by the Department.

[[Page 521]]

    (viii) The Department will pay to the applicant an equitable share 
of the total monthly cost of maintaining and operating the part of the 
applicant's line utilized by the Department for the transmission of 
electrical power, the payment to be an amount in dollars representing 
the same proportion of the total monthly operation and maintenance cost 
of such part of the line as the maximum amount in kilowatts of the power 
transmitted on a scheduled basis by the Department over the applicant's 
line during the month bears to the total capacity in kilowatts of that 
part of the line. The total monthly cost may include interest and 
amortization, in accordance with the system of accounts prescribed by 
the Federal Power Commission, on the applicant's net total investment 
(exclusive of any investment by the Department) in the part of the line 
utilized by the Department.
    (ix) If, at any time subsequent to a certification by the applicant 
that surplus capacity is available for utilization by the Department, 
the applicant needs for the transmission of electrical power in 
connection with its operations the whole or any part of the capacity of 
the line theretofore certified as being surplus to its needs, the 
applicant may modify or revoke the previous certification by giving the 
Secretary of the Interior 30 months' notice, in advance, of the 
applicant's intention in this respect. After the revocation of a 
certificate, the Department's utilization of the particular line will be 
limited to the increased capacity, if any, provided by the Department at 
its expense.
    (x) If, during the existence of the grant, the applicant desires 
reciprocal accommodations for the transmission of electrical power over 
the interconnecting system of the Department to its line, such 
reciprocal accommodations will be accorded under terms and conditions 
similar to those prescribed in this paragraph with respect to the 
transmission by the Department of electrical power over the applicant's 
line.
    (xi) The terms and conditions prescribed in this paragraph may be 
modified at any time by means of a supplemental agreement negotiated 
between the applicant and the Secretary of the Interior or his designee.
    (g) Applicants may apply for additional lands for generating plants 
and appurtenant facilities. The lands desired for such purposes may be 
indicated on the maps showing the definite location of the right-of-way, 
but separate maps must be filed therefor. Such maps shall show enough of 
the line of route to indicate the position of the tract with respect to 
said line. 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.

[33 FR 19803, Dec. 27, 1968, as amended at 38 FR 14680, June 4, 1973. 
Redesignated at 47 FR 13327, Mar. 30, 1982]