Page:United States Statutes at Large Volume 33 Part 1.djvu/153

 FIFTY-EIGHTH CONGRESS. Sess. II. Ch. 505. 1904. 65 CHAP. 505.-An Act Authorizing'the Secretar of the Interior to rant ri March 11. 1904. way for pipe lines through Indian lands. y - g ght Of [S- 3317-] blic, No. 45. Be it emwted by the Senate and Hmm zGR'Frresentatw?ves of the United [Pu 1 States of America in Oongreas assemb, hat the Secretary of the {,'}g§&”D}“v';§;‘;gmm_ Interior is hereby authorized and empowered to grant a right of way ed w oil. ew., pipe in the nature of an easement for the construction, operation, and u°°° umu8h' maintenance of pipe lines for the conveyance of oil and as 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. urpose in connection with the ndiau 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 mSf,$;§§Q’,‘Qg”u*§,’f°' lines shall be constructed across Indian lands, as above mentioned, until authority therefor has Erst been obtained from, and the ma s of definite location of said lines approved by, the Secretary of the interior: Ptmaided, That the construction of lateral lines from the main g*{g"1Q;{°i,,p°uD°_ 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 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 ipe lines maly pass has been obtained by the pipe line _ company:  fart er, That in case it. is desired to run a pipe  ‘“‘° line un er the line of any railroad, and satisfactory arrangements can not be made with the railroad company, then the uestion shall be referred to the Secretary of the Interior, who shrill prescribe the terms and conditions under which the pipe line company shall be permitted to lay its lines imder 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 ndians, such annual tax as he may designate, not exceeding live _ dollars for each ten miles of line so constructed and maintained under such rules and regulations as said Secretary may prescribe. But 8,E,§_°§,§f*§§§’§_"°“ 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 a inst them by either State, Territorial, or municipal authority. An? incorporated cities and towns into and through m§g';{},°f *“°°'P°‘ 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 ,.,,¥§c§§,f*g” °""’ such right of way except for pipe line, and then only so far as may be _ necessary for its construction, maintenance, and care: Prmzided, That T““°"‘““‘ the rights herein granted shall not extend beyond a period of twenty years: Provided {aww, That the Secretary of the Interior, at the E‘*°“'*°"· 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 iirst right, upon such terms and conditions as he may deem proper. _ _ Sec. 2. The right to alter, amend, or repeal this Act is expressly *'“°“""'°*— reserved. Approved, March 11, 1904. vor. xxxm,r>•r 1--5