Page:United States Statutes at Large Volume 44 Part 1.djvu/724

 § 319  rrrna is,. 319. Rights of way for telephone and telegraph lines.-—'1‘he Secretary of the Interior is authorized and empowered to grant a right of way, in the nature of an easement, for the construction, operation, and- maintenance. of telephone and_ telegraph lines and omces for general telephone and telepaph buslnew tllrongh any Indian reservation, through any lands aheld by an Indian tribe or nation in the former Indian Territory, through any lands reserved for an Indian agency or lndianl school, or for other purpose in connection with the Indian service,. or through any lands which have been allotted tm severalty to any individual Indian under any law or treaty, but which have ast been conveyed to the allotteewltll fullpower of alienation, upon the terms and conditions herein expressed. No such lines shall be constructed across Indlanlands, as above mentioned, until authority therefor has ilrsbibeen obtained from the Secree tary ot the `Interlor, and the maps of dennite location ot the lines shall be subject to his approval. The compensation to be paid the tribes in thelr tribal capacity and theeindividual allot-_ tees for such right of way {through their lands shall be deter;-L mined ju such manner as the Secretary of the Interior may direct, asa· shall be subject to his dual 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 `thB·IIldlHI1S,···Sl1Ch annual tax as he may designate, not exceeding $5 for each ten miles of line so constructed and maintained; and all such lines slnally be constructed and xnaintained under such rulee and regulations as said ,sa¤¤·em·y may~prescribe.‘ But nothing. herein ebutaiaed shall, be sd 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 Congress hereby expressly reservesf the right to regulate the tolls or charges for the transmission got messages over any lines constructedyunder the provisions of this section: Provided, That incorporated cities and towns lnto or threngh srylnlch such telephone or telegraphic lines may be coné stracted shall have the power to regulate tl1€'·IIl&ll.ll@l‘ of·`c0n+ struction therein, and nothing herein, contained shall be so construed as to deny the right of rnunicipaltaxation in such towns and cities., (Mar. 3,1901, c. 832, § 3, 31 Stat. 1083.) ’ · l 326, Aeqnisitien of lands {er reservoirs or materials.-»Wl1en,` la the Zlatlgment ot the Secretary oi the Interior, it is necessary for any railway company owning or operating a line of railway la any Indian *reser·vation to acquire lands ln anal: Indian reservation for reservoirs, material, or ballast pits for tl1e"eaastructlen, repair, and maintenance . of its railway, or ter the purpose of planting and growing thereon trees ;to`·pr0·· 'teet its line of railway; the”‘aald' Secretary is aathorlzed t0» grant such lands to any such railway company sander such terrns and conditlens and each rules and regulations as may be prescribed: by tile said Secretary. X ‘ _ \ . When any rallwaly company desiring to, secure the benellts cet this preyision shall me with the tsécretary of the Interior aa appllcatlenh dwcrlblngyt the lands which lt dealrw to pur-l chase, oapoa the payzaeat?_ef the price agreed npen the said p Secretary. shall muse auch lands te be cenre;red` tyhe rail- X way company applying therster upon sgclrterms_ nd condi- j tioaa as he may deem proper: Provided, That- no lands shall  he acquired milder the terms of this provision la greater qaan-  `titlw than larry acres for any sae reservoir, sand one 'lmmlred and sixty asses ter any material cr ballast pit, to the extent of net mere wan one reservoir and me material or gravel pit in any eee seetlea of ten miles at any such-railway in any indian reseryatian: Ana provided farther, That the lanes acqnirecl afar tree plaatlag shall be taken enly at seen places along the line of the railway company applying therefor as in the jmalgment ot; the said Secretary may be necessary, and ’ shall be—taken'  strim adjoining and parallel WilZ!1’u1E· right:

-·INDIANS ‘]_ 710 of way of the railway company taking the Same, and seen mt exceed one hundred and fifty feet in width. · t All moneys paid for such lands shell be deposited in the Treasury ot the United States to the credit ot the tribe or txfibes, and the moneys receive:} by said Secretary ae damages sustaihed by `lndlvidtisl members of the Indian tribe, which damages shall be ascertained `by the Secretary of the Interior and paid by the railway company. taking such lands, shell be o paid by said Secretary to the Indian or Indians fsustainlng such demages, The provisions of this section are extended and made eppllceble to any lands. which have been allotted in severalty to any llxldivlduallndleu under any lewtor treaty, but which have not been conveyed »to_ the allottee with toll power or. eIiena‘titm_;’ the * damages and eompensetion to be paid to any Indian ellottee shall be ascertained and Hxed in such manner as the Secretary. of T the Interior may direct and shall be paid by the railway company to said Secretary; the damages and `ccmpensatiop paid to the Secretary of the Interior by the ‘rallwo.y. company t&ki¤g· any each lend shall be ww paid by said Secretary to the allottee sustaining such dem- W W .ages.. {Mar. 3,1909, ·c; 263, 35 Stat. 781; May 6, 1910, c. 204, ,36- Stat. 349.) t y ·. —_"= “Y _ V 321. Rights of way for pipe lines.——The Secretaiy of the loterior iis auhthorized and empowered to grant e rlghtcf wee ie “ the nature of gmleaeemeut for ther constructleuyoperetloe, zmcl maintenance of pipe lines for the cotiveyauce of oil and gee ` through any Indian reservation,_through ally lands held by ee ·Indien_ tribe or nation in the fofnier Indies:. Territory, tlxmugls t tam;} landsreserved for an Indian agency ot Indian school, or ·.for other purpose in connection with the Indian Sertige, or throlxgh any lands which have been allotted in eeverelty to may imlividual Indian undezrapy law or treety; but which have not beer; coulvcyed to the allottee with _ full powers of elleeetiou upon the terms and conditions herein expxjeseetl. Before title to rights of way. applied for lieretimler ehall vest, mem of deflu‘lte_location shall be Bled with and tepproeegi by the Secretary of the Ihtlerior :° Pro~z;¥ded,__ That before such approval the Secretary of the  Interior 11183,*. under such -t:eles·`e~¤d x·egule— t tiousr as he may _ preseribe,· grant temporary; permits revoceble in his discretion for the coustxectlce of such Hem: Provided, That the construction ot la_teml‘_llt1es from the mem pipe Hee _est,ablishlng connection with oil `eml o gas wells on the imli— vidual allotments of citizens may. be constructed .witho¤tEeecux·-` im; authority from the Secretary oi the Interior ated without tiling maps of deéulte location, ééhexl the coneeet of the ellettee _upon whose lends, oil ortgee wéle may be located ami ot ell other ellottees through whose lands said lateral pipe lines mey pass has been `obtejned by the pipe line; compengz Preelded further, That le cease it is deslzeél to me an pipe llee uncle: the line ot. any railroad, and setleiectory etrangemeets cen not be made with the railroad company, thee the question shell he x·eferred_togtl1e Secretary of the Interim:. who  prescribe the terms and comlitloee under whleh the pipe line compel}? ·slmll be permitted to ley fits llneel tméer said mllrwd. The compensation to be paid the tribes (ip mel: tribal cepacity and the lndlvlduu allottem for oeelr right ot way through 2 their lands sgell be determined in each mexmer ee the Seeretatyo of the Interior mei clireet, end shell be subject tolli: eeel ep· "pz·ove’l.· Anil where such lineiere not subject" to Stete of Territorial taxetion the commons es ovéeer (of the `llee elxell pay to the Secretery of the Interlog, for the  ees! benefit of the Indians, such emma} tex as hepaey designate, R9! exceeding $5 10;* each tee miles of llpe so eeestructed and meinteined under such rules and regulations es selel Secretary. may ‘preecribe.. ButQnothieg.‘bereln ecxxtelued shellbe so coustmed es to exempt the °ow¤ers of such lines fiom the payment of em; _ J tax that may be lawfully  egemst them by either Steele, Terfltoriel, or X¤;Lunici§al· euthtorlty. _ And lucorporated cities