[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: 25CFR169.5]

[Page 511-512]
 
                            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. 169.5  Application for right-of-way.

    Written application identifying the specific use requested shall be 
filed in duplicate with the Secretary. The application shall cite the 
statute or statutes under which it is filed and the width and length of 
the desired right-of-way, and shall be accompanied by satisfactory 
evidence of the good faith and financial responsibility of the 
applicant. 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 applicant 
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 be 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

[[Page 512]]

applicant has previously filed with the Secretary an application 
accompanied by the evidence required by this section, a reference to the 
date and place of such filing will be sufficient. Except as otherwise 
provided in this section, the application shall be accompanied by a duly 
executed stipulation, in duplicate, expressly agreeing to the following:
    (a) To construct and maintain the right-of-way in a workmanlike 
manner.
    (b) To pay promptly all damages and compensation, in addition to the 
deposit made pursuant to Sec. 169.4, determined by the Secretary to be 
due the landowners and authorized users and occupants of the land on 
account of the survey, granting, construction and maintenance of the 
right-of-way.
    (c) To indemnify the landowners and authorized users and occupants 
against any liability for loss of life, personal injury and property 
damage arising from the construction, maintenance, occupancy or use of 
the lands by the applicant, his employees, contractors and their 
employees, or subcontractors and their employees.
    (d) To restore the lands as nearly as may be possible to their 
original condition upon the completion of construction to the extent 
compatible with the purpose for which the right-of-way was granted.
    (e) To clear and keep clear the lands within the right-of-way to the 
extent compatible with the purpose of the right-of-way; and to dispose 
of all vegetative and other material cut, uprooted, or otherwise 
accumulated during the construction and maintenance of the project.
    (f) To take soil and resource conservation and protection measures, 
including weed control, on the land covered by the right-of-way.
    (g) To do everything reasonably within its power to prevent and 
suppress fires on or near the lands to be occupied under the right-of-
way.
    (h) To build and repair such roads, fences, and trails as may be 
destroyed or injured by construction work and to build and maintain 
necessary and suitable crossings for all roads and trails that intersect 
the works constructed, maintained, or operated under the right-of-way.
    (i) That upon revocation or termination of the right-of-way, the 
applicant shall, so far as is reasonably possible, restore the land to 
its original condition.
    (j) To at all times keep the Secretary informed of its address, and 
in case of corporations, of the address of its principal place of 
business and of the names and addresses of its principal officers.
    (k) That the applicant will not interfere with the use of the lands 
by or under the authority of the landowners for any purpose not 
inconsistent with the primary purpose for which the right-of-way is 
granted.

When the applicant is the U.S. Government or a State Government or an 
instrumentality thereof and is prohibited by law from executing any of 
the above stipulations, the Secretary may waive the requirement that the 
applicant agree to any stipulations so prohibited.

[33 FR 19803, Dec. 27, 1968, as amended at 45 FR 45910, July 8, 1980. 
Redesignated at 47 FR 13327, Mar. 30, 1982]