[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: 25CFR169.4]

[Page 511]
 
                            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. 169.4  Permission to survey.

    Anyone desiring to obtain permission to survey for a right-of-way 
across individually owned, tribal or Government owned land must file a 
written application therefor with the Secretary. The application shall 
adequately describe the proposed project, including the purpose and 
general location, and it shall be accompanied by the written consents 
required by Sec. 169.3, by satisfactory evidence of the good faith and 
financial responsibility of the applicant, and by a check or money order 
of sufficient amount to cover twice the estimated damages which may be 
sustained as a result of the survey. With the approval of the Secretary, 
a surety bond may be substituted in lieu of a check or money order 
accompanying an application, provided the company issuing the surety 
bond is licensed to do business in the State where the land to be 
surveyed is located. The application shall contain an agreement to 
indemnify the United States, the owners of the land, and occupants of 
the land, against liability for loss of life, personal injury and 
property damage occurring because of survey activities and caused by the 
applicant, his employees, contractors and their employees, or 
subcontractors and their employees. When the applicant is an agency or 
instrumentality of the Federal or a State Government and is prohibited 
by law from depositing estimated damages in advance or agreeing to 
indemnification, the requirement for such a deposit and indemnification 
may be waived providing the applicant agrees in writing to pay damages 
promptly when they are sustained. An application filed by a corporation 
must be accompanied by a copy of its charter or articles of 
incorporation duly certified by the proper State official of the State 
where the corporation was organized, and a certified copy of the 
resolution or bylaws of the corporation authorizing the filing of the 
application. When the land covered by the application is located in a 
State other than that in which the application was incorporated, it must 
also submit a certificate of the proper State official that the 
applicant is authorized to do business in the State where the land is 
located. An application filed by an unincorporated partnership or 
association must be accompanied by a certified copy of the articles of 
partnership or association, or if there be none, this fact must be 
stated over the signature of each member of the partnership or 
association. If the applicant has previously filed with the Secretary an 
application accompanied by the evidence required in this section, a 
reference to the date and place of such filing, accompanied by proof of 
current financial responsibility and good faith, will be sufficient. 
Upon receipt of an application made in compliance with the regulations 
of this part 169, the Secretary may grant the applicant written 
permission to survey.