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must be connected by traverse with an established corner of the public survey if not more than 6 miles distant from it, and the single bearing and distance from the terminal point to the corner computed and noted on the maps, in the engineer's affidavit, and in the certificate. The notes and all data for the computation of the traverse must be given.

State or county officer accepting the right-of-way and stating that he is satisfied as to the accuracy of the survey and maps. 8 161.12 Consideration for right-of-way

grants. Except when waived in writing by the landowners or their representatives as defined in 8 161.3 and approved by the Secretary, the consideration for any right-of-way granted or renewed under this Part 161 shall be not less than the appraised fair market value of the rights granted, plus severance damages, if any, to the remaining estate.

$ 161.9 Connection with natural objects.

When the distance to an established corner of the public survey is more than 6 miles, this connection will be made with a natural object or a permanent monument which can be readily found and recognized, and which will fix and perpetuate the position of the terminal point. The maps must show the position of such mark, and course and distance to the terminus. There must be given an accurate description of the mark and full data concerning the traverse, and the engineer's affidavit and the certificate on the maps must state the connections.

8 161.13 Other damages.

In addition to the consideration for a grant of right-of-way provided for by the provisions of $ 161.12, the applicant for a right-of-way will be required to pay all damages incident to the survey of the right-of-way or incident to the construction or maintenance of the facility for which the right-of-way is granted.

$ 161.10 Township and section lines.

Whenever the line of survey crosses a township or section line of the public survey, the distance to the nearest existing corner shall be noted. The maps shall show these distances and the station numbers at the points of intersections. The field notes shall show these distances and the station numbers.

$ 161.11 Affidavit and certificate.

(a) There shall be subscribed on the maps of definite location an affidavit executed by the engineer who made the survey and a certificate executed by the applicant, both certifying to the accuracy of the survey and maps and both designating by termini and length in miles and decimals, the line of route for which the right-of-way application is made.

(b) Maps covering roads built by the Bureau of Indian Affairs which are to b, transferred to a county or State government shall contain an affidavit as to the accuracy of the survey, executed by the Bureau highway engineer in charge of road construction, and a certificate by the State or county engineer or other authorized

8 161.14 Deposit and disbursement of con

sideration and damages. At the time of filing an application for right-of-way, the applicant must deposit with the Secretary the total estimated consideration and damages, which shall include consideration for the right-of-way, severance damages, damages caused during the survey, and estimated damages to result from construction less any deposit previously made under $ 161.4. In no case shall the amount deposited as consideration for the right-of-way over any parcel be less than the amount specified in the consent covering that parcel. If in reviewing the application, the Secretary determines that the amounts deposited are inadequate to compensate the owners, the applicant shall increase the deposit to an amount determined by the Secretary to be adequate. The amounts so deposited shall be held in a “special deposit" account for distri. bution to or for the account of the landowners and authorized users and occupants of the land. Amounts deposited to cover damages resulting from survey and construction may be dis

cluding weed control, on the land cov feet to an inch. The maps may, howevered by the right-of-way.

er, be drawn to a larger scale when (g) To do everything reasonably necessary and when an increase in within its power to prevent and sup-. scale cannot be avoided through the press fires on or near the lands to be use of separate field notes, but the occupied under the right-of-way.

scale must not be increased to such (h) To build and repair such roads, extent as to make the maps too cumfences, and trails as may be destroyed bersome for convenient handling and or injured by construction work and to filing. build and maintain necessary and suit (d) The maps shall show the allotable crossings for all roads and trails

ment number of each tract of allotted that intersect the works constructed, land, and shall clearly designate each maintained, or operated under the tract of tribal land affected, together right-of-way.

with the sections, townships, and (i) That upon revocation or termina ranges in which the lands crossed by tion of the right-of-way, the applicant the right-of-way are situated. shall, so far as is reasonably possible, restore the land to its original condi § 161.7 Field notes. tion.

Field notes of the survey shall (j) To at all times keep the Secretary

appear along the line indicating the informed of its address, and in case of

right-of-way on the maps, unless the corporations, of the address of its prin

maps would be too crowded thereby to cipal place of business and of the

be easily legible, in which event the names and addresses of its principal

field notes may be filed separately on officers.

tracing linen in such form that they (k) That the applicant will not inter

may be folded readily for filing. fere with the use of the lands by or

Where field notes are placed on sepaunder the authority of the landowners

rate tracing linen, it will be necessary for any purpose not inconsistent with

to place on the maps only a sufficient the primary purpose for which the

number of station numbers so as to right-of-way is granted.

make it convenient to follow the field When the applicant is the U.S. Gov notes. The field notes shall be typeernment or a State Government or an written. Whether endorsed on the instrumentality thereof and is prohib maps or filed separately, the field ited by law from executing any of the notes shall be sufficiently complete so above stipulations, the Secretary may as to permit the line indicating the waive the requirement that the appli right-of-way to be readily retraced on cant agree to any stipulations so pro the ground from the notes. They shall hibited.

show whether the line was run on true

or magnetic bearings, and, in the § 161.6 Maps.

latter case, the variation of the needle (a) Each application for a right-of

and date of determination must be way shall be accompanied by maps of

stated. One or more bearings (or angudefinite location consisting of an origi

lar connections with public survey nal on tracing linen or other perma

lines) must be given. The 10-mile secnent and reproducible material and

tions must be indicated and numbered two reproductions thereof. The field

on all lines of road submitted. notes shall accompany the application, as provided in § 161.7. The width of

8 161.8 Public survey. the right-of-way shall be clearly (a) The termini of the line of route shown on the maps.

shall be fixed by reference of course (b) A separate map shall be filed for and distance to the nearest existing each section of 20 miles of right-of corner of the public survey. The maps, way, but the map of the last section as well as the engineer's affidavit and may include any excess of 10 miles or the certificate, shall show these conless.

nections. (c) The scale of maps showing the (b) When either terminal of the line line of route normally should be 2,000 of route is upon unsurveyed land, it

must be connected by traverse with an established corner of the public survey if not more than 6 miles distant from it, and the single bearing and distance

from the terminal point to the corner ! computed and noted on the maps, in

the engineer's affidavit, and in the cerbil tificate. The notes and all data for the

computation of the traverse must be the given.

mit § 161.9 Connection with natural objects.

When the distance to an established corner of the public survey is more e than 6 miles, this connection will be

made with a natural object or a permanent monument which can be readily found and recognized, and which will fix and perpetuate the position of

the terminal point. The maps must les show the position of such mark, and + course and distance to the terminus.

There must be given an accurate dea scription of the mark and full data

concerning the traverse, and the engineer's affidavit and the certificate on the maps must state the connections.

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8 161.11 Affidavit and certificate.

(a) There shall be subscribed on the maps of definite location an affidavit executed by the engineer who made the survey and a certificate executed by the applicant, both certifying to the accuracy of the survey and maps and both designating by termini and length in miles and decimals, the line of route for which the right-of-way application is made.

(b) Maps covering roads built by the Bureau of Indian Affairs which are to b. transferred to a county or State government shall contain an affidavit as to the accuracy of the survey, executed by the Bureau highway engineer in charge of road construction, and a certificate by the State or county engineer or other authorized

State or county officer accepting the right-of-way and stating that he is satisfied as to the accuracy of the survey and maps.

8 161.12 Consideration for right-of-way

grants. Except when waived in writing by the landowners or their representatives as defined in $ 161.3 and approved by the Secretary, the consideration for any right-of-way granted or renewed under this Part 161 shall be not less than the appraised fair market value of the rights granted, plus severance damages, if any, to the remaining estate.

$ 161.13 Other damages.

In addition to the consideration for a grant of right-of-way provided for by the provisions of $ 161.12, the applicant for a right-of-way will be required to pay all damages incident to the survey of the right-of-way or incident to the construction or maintenance of the facility for which the right-of-way is granted.

$ 161.14 Deposit and disbursement of con

sideration and damages. At the time of filing an application for right-of-way, the applicant must deposit with the Secretary the total estimated consideration and damages, which shall include consideration for the right-of-way, severance damages, damages caused during the survey, and estimated damages to result from construction less any deposit previously made under $ 161.4. In no case shall the amount deposited as consideration for the right-of-way over any parcel be less than the amount specified in the consent covering that parcel. If in reviewing the application, the Secretary determines that the amounts deposited are inadequate to compensate the owners, the applicant shall increase the deposit to an amount determined by the Secretary to be adequate. The amounts so deposited shall be held in a “special deposit" account for distri. bution to or for the account of the landowners and authorized users and occupants of the land. Amounts deposited to cover damages resulting from survey and construction may be dis

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to cancellation in accordance with $ 161.20.

bursed after the damages have been sustained. Amounts deposited to cover consideration for the right-of-way and severance damages shall be disbursed upon the granting of the right-of-way. Any part of the deposit which is not required for disbursement as aforesaid shall be refunded to the applicant promptly following receipt of the affi. davit of completion of construction filed pursuant to 161.16.

8 161.15 Action on application.

Upon satisfactory compliance with the regulations in this Part 161, the Secretary is authorized to grant the right-of-way by issuance of a convey. ance instrument in the form approved by the Secretary. Such instrument shall incorporate all conditions or restrictions set out in the consents obtained pursuant to $ 161.3. A copy of such instrument shall be promptly delivered to the applicant and thereafter the applicant may proceed with the construction work. Maps of definite location may be attached to and incorporated into the conveyance document by reference. In discretion of the Secretary, one conveyance document may be issued covering all of the tracts of land traversed by the right. of-way, or separate conveyances may be made covering one or several tracts included in the application. A duplicate original copy of the conveyance instrument, permanent and reproducible maps, a copy of the application and stipulations, together with any other pertinent documents shall be transmitted by the Secretary to the office of record for land documents affecting the land covered by the rightof-way, where they will be recorded and filed.

8 161.17 Change of location.

If any change from the location described in the conveyance instrument is found to be necessary on account of engineering difficulties or otherwise, amended maps and field notes of the new location shall be filed, and a right-of-way for such new route or lo cation shall be subject to consent, approval, the ascertainment of damages, and the payment thereof, in all respects as in the case of the original lo cation. Before a revised conveyance instrument is issued, the applicant shall execute such instruments deemed necessary by the Secretary extinguishing the right-of-way at the original location. Such instruments shall be transmitted by the Secretary to the office of record mentioned in 8 161.15 for recording and filing. 8 161.18 Tenure of approved right-of-way

grants. All rights-of-way granted under the regulations in this part 161 shall be in the nature of easements for the periods stated in the conveyance instrument. Except as otherwise determined by the Secretary and stated in the conveyance instrument, rights-of-way granted under the Act of February 5, 1948 (62 Stat. 17; 25 U.S.C. 323-328), for railroads, telephone lines, telegraph lines, public roads and highways, access roads to homesite properties, public sanitary and storm sewer lines including sewage disposal and treatment plants, water control and use projects (including but not limited to dams, reservoirs, flowage easements, ditches, and canals), oil, gas, and public utility water pipelines (including pumping stations and appurtenant facilities), electric power projects, generating plants, switchyards, electric transmission and distribution lines (including poles, towers, and appurtenant facilities), and for service roads and trails essential to any of the afor. estated use purposes, may be without limitation as to term of years; whereas, rights-of-way for all other purposes shall be for a period of not to exceed 50 years, as determined by the Secre

§ 161.16 Affidavit of completion.

Upon the completion of the construction of any right-of-way, the applicant shall promptly file with the Secretary an affidavit of completion, ir duplicate, executed by the engineer and certified by the applicant. The Secretary shall transmit one copy of The affidavit to the office of record ruentioned in § 161.15. Failure to file an affidavit in accordance with this section shall subject the right-of-way

tary and stated in the conveyance instrument.

(37 FR 12937, June 30, 1972)

8 161.19 Renewal of right-of-way grants.

On or before the expiration date of any right-of-way heretofore or hereafter granted for a limited term of years, an application may be submitted for a renewal of the grant. If the renewal involves no change in the location or status of the original right-of-way grant, the applicant may file with his application a certificate under oath setting out this fact, and the Secre. tary, with the consent required by § 161.3, may thereupon extend the grant for a like term of years, upon the payment of consideration as set forth in 161.12. If any change in the size, type, or location of the right-ofway is involved, the application for renewal shall be treated and handled as in the case of an original application for a right-of-way.

of

right-of-way grants. All rights-of-way granted under the regulations in this part shall be terminable in whole or in part upon 30 days written notice from the Secretary mailed to the grantee at its latest address furnished in accordance with $ 161.5(j), for any of the following causes:

over individually owned lands shall be reported immediately by officials of the Bureau of Indian Affairs having knowledge of such facts to appropriate officials of the Interior Department so that action may be taken to safeguard the interests of the Indians.

§ 161.20 Termination

(a) Failure to comply with any term or condition of the grant or the applicable regulations;

(b) A nonuse of the right-of-way for a consecutive 2-year period for the purpose for which it was granted;

(c) An abandonment of the right-ofway. If within the 30-day notice period the grantee fails to correct the basis for termination, the Secretary shall issue an appropriate instrument terminating the right-of-way. Such instrument shall be transmitted by the Secretary to the office of record mentioned in $161.15 for recording and filing.

8 161.22 Service lines.

(a) An agreement shall be executed by and between the landowner or a legally authorized occupant or user of individually owned land and the applicant before any work by the applicant may be undertaken to construct a service line across such land. Such a service line shall be limited in the case of power lines to a voltage of 14.5 kv. or less except lines to serve irrigation pumps and commercial and industrial uses which shall be limited to a voltage not to exceed 34.5 kv. A service line shall be for the sole purpose of supplying the individual owner or authorized occupant or user of land, including schools and churches, with telephone, water, electric power, gas, and other utilities for use by such owner, occupant, or user of the land on the premises.

(b) A similar agreement to that required in paragraph (a) of this section shall be executed by the tribe or legally authorized occupant or user of tribal land and the applicant before any work by the applicant may be undertaken for the construction of a service line across tribal land. A service line shall be for the sole purpose of supplying an occupant or user of tribal land with any of the utilities specified in paragraph (a) of this section. No agreement under this paragraph shall be valid unless its execution shall have been duly authorized in advance of construction by the governing body of the Indian tribe whose land is affected, unless the contract under which the occupant or user of the land obtained his rights specifically authorizes such occupant or user to enter into service agreements for utilities without further tribal consent.

(c) In order to encourage the use of telephone, water, electric power, gas and other utilities and to facilitate the extension of these modern conveniences to sparsely settled Indian

I

$ 161.21 Condemnation actions involving

individually owned lands. The facts relating to any condemnation action to obtain a right-of-way

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