INDIAN AFFAIRS: LAWS AND TREATIES

Vol. III, Laws     (Compiled to December 1, 1913)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.


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PUBLIC ACTS OF FIFTY–EIGHTH CONGRESS—SECOND SESSION, 1904.
CHAP. 160 | CHAP. 161 | CHAP. 505 | CHAP. 854 | CHAP. 855 | CHAP. 1402 | CHAP. 1484 | CHAP. 1489 | CHAP. 1492 | CHAP. 1493 | CHAP. 1495 | CHAP. 1606 | CHAP. 1620 | CHAP. 1624 | CHAP. 1630 | CHAP. 1762 | CHAP. 1767 | CHAP. 1786 | CHAP. 1787 | CHAP. 1794 | CHAP. 1806 | CHAP. 1816 | CHAP. 1819 | CHAP. 1820 | CHAP. 1822 | CHAP. 1824

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Chapter 505
Section 2

Margin Notes
Chap. 505 Indian lands. Right of way granted to oil, etc., pipe lines through.
Chap. 505 Secretary of Interior to approve location.
Chap. 505 Provisos. Lateral pipe lines.
Chap. 505 Pipe lines laid under railroads.
Chap. 505 Compensation.
Chap. 505 Annual tax.
Chap. 505 No exemption from State, etc., taxes.
Chap. 505 Rights of incorporated cities.
Chap. 505 Use of right of way restricted.
Chap. 505 Time limit.
Chap. 505 Extension.
Sec. 2 Amendment.

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Chapter 505
    Mar. 11, 1904. | [S. 3317.] [Public, No. 45.] 33 Stat., 65.
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An act authorizing the Secretary of the Interior to grant right of way for pipe lines through Indian lands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized and empowered to grant a right of way in the nature of an easement for the construction, operation, and maintenance of pipe lines for the conveyance of oil and gas through any Indian reservation, through any lands held by an Indian tribe or nation in the Indian Territory, through any lands reserved for an Indian agency or Indian school, or for other purposes in connection with the Indian service, or through any lands which have been allotted in severalty to any individual Indian under any law or treaty, but which have not been conveyed to the allottee with full power of alienation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indian lands, as above mentioned, until authority therefor has first been obtained from, and the maps of definite location of said lines approved by, the Secretary of the Interior: Provided, That the construction of lateral lines from the main pipe line establishing connection with oil and gas wells on the individual allotments of citizens may be constructed without securing authority from the Secretary of the Interior and without filing maps of definite

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location, when the consent of the allottee upon whose lands oil or gas wells may be located and of all other allottees through whose lands said lateral pipe lines may pass has been obtained by the pipe line company: Provided further, That in case it is desired to run a pipe line under the line of any railroad, and satisfactory arrangements can not be made with the railroad company, then the question shall be referred to the Secretary of the Interior, who shall prescribe the terms and conditions under which the pipe line company shall be premitted to lay its lines under said railroad. The compensation to be paid the tribes in their tribal capacity and the individual allottees for such right of way through their lands shall be determined in such manner as the Secretary of the Interior may direct, and shall be subject to his final approval. And where such lines are not subject to State or Territorial taxation the company or owner of the line shall pay to the Secretary of the Interior, for the use and benefit of the Indians, such annual tax as he may designate, not exceeding five dollars for each ten miles of line so constructed and maintained under such rules and regulations as said Secretary may prescribe. But nothing herein contained shall be so construed as to exempt the owners of such lines from the payment of any tax that may be lawfully assessed against them by either State, Territorial, or municipal authority. And incorporated cities and towns into and through which such pipe lines may be constructed shall have the power to regulate the manner of construction therein, and nothing herein contained shall be so construed as to deny the right of municipal taxation in such towns and cities, and nothing herein shall authorize the use of such right of way except for pipe line, and then only so far as may be necessary for its construction, maintenance, and care: Provided, That the rights herein granted shall not extend beyond a period of twenty years: Provided further, That the Secretary of the Interior, at the expiration of said twenty years, may extend the right to maintain any pipe line constructed under this act for another period not to exceed twenty years from the expiration of the first right, upon such terms and conditions as he may deem proper.1


1Henry Gas Co. v. U. S., 191 Fed., 132; Texas Co. v. Henry, 126 Pac., 224.

SEC. 2

The right to alter, amend, or repeal this act is expressly reserved.

Approved, March 11, 1904.


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