Action taken by a Superintendent shall be subject to the right of appeal to the Area Director. Action taken by an Area Director, including action taken on an appeal from a Superintendent, shall be subject to the right of appeal to the Commissioner. Action taken by the Commissioner shall be subject to appeal to the Secretary. An appeal must be filed in writing with the officer from whom the appeal is being taken, and must be filed within 30 days after the receipt of notice respecting the action to which objection is taken. An appeal filed with the Superintendent shall be promptly transmitted by him, with the record in the case, to the Area Director. An appeal filed with the Area Director shall be transmitted promptly by him, with the record in the case, to the Commissioner. An appeal filed with the Commissioner shall be transmitted promptly by the Commissioner, with the record, to the Secretary

86-046-68- -14

tion with respect to the mantenance of such roads to a State; and cooperation in the construction, maintenance, repair, and improvement of roads serving both Indian lands that are not subject to taxation by a State and other lands in such State.

§ 162.2

Definitions.

As used in this part:

(a) "Secretary" means the Secretary of the Interior or his authorized representative.

(b) "Roads" means roads, trails, and bridges serving Indian lands for which, under the act of May 26, 1928 (45 Stat. 750, 25 U. S. C. 318a), financial aid is available only from specific appropriation of Federal funds therefor, or from contributions of State funds and tribal Indian funds, and which have been designated as roads of the Bureau of Indian Affairs. The term does not include roads or bridges on Indian reservations for which financial aid to a State is available under the Federal-Aid Road Act of 1916 (39 Stat. 355), as amended and supplemented (23 U. S. C. 1, et seq.) and the regulations in 23 CFR Part 1, or other State roads.

(c) "State" means a State or Territory or political subdivision thereof. § 162.3 Construction, maintenance, repair, and improvement.

Subject to the availability of appropriations therefor and of any contribution of State funds and tribal Indian funds, the Secretary shall survey and construct new roads to provide an adequate system of road facilities cn Indian reservations, shall maintain and repair existing roads subject to the regulations in this part, and shall improve them to adequate standards. Before accepting a contribution of tribal funds, the Secretary shall determine that such contribution can be made without undue impairment of necessary tribal functions performed with tribal funds. § 162.4

Approval of road plans and designations as roads of the Bureau of Indian Affairs.

Pursuant to section 6 of the act of June 16, 1936 (49 Stat. 1519, 1521), as amended and supplemented (25 U.S.C. 318b), the engineering plans for all roads constructed under the regulations in this part shall be approved by the Commissioner of Public Roads of the United States Department of Commerce,

or his authorized representative, before any expenditures are made for the construction of such roads. The Secretary shall obtain the concurrence of the Commissioner of Public Roads in the designation of roads as roads of the Bureau of Indian Affairs. All construction thereof shall be under the general supervision of the Commissioner of Public Roads or his authorized representative.

§ 162.5

Consent of Indian landowners.

Before any work is undertaken for the construction of roads hereunder, the Secretary shall obtain the written consent of the Indian landowners. Where an Indian has an interest in tribal land by virtue of a land use assignment, such consent shall be obtained from both the Indian holder of the assignment and the Indian tribe. If it appears that the road might be transferred to a State within 10 years, then, before such construction is undertaken, there shall be obtained from the Indian landowners right-of-way easements for a road and highway in favor of the United States, its successors and assigns, with the right to construct, maintain, and repair improvements, thereon and thereover, for such purposes and with the further right in the United States, its successors and assigns, to transfer the right-of-way easements by assignment, grant, or otherwise. right-of-way easements are to be on a form approved by the Secretary.

§ 162.6 Use of roads.

The

Roads subject to the regulations in this part shall be open for free public use. When required for public safety, fire prevention or suppression, or fish or game protection, or to prevent damage to unstable roadbed, the Secretary may close them to public use.

§ 162.7 Roadless and wild areas.

Roads passable to motor transportation shall not be constructed under the regulations in this part within the boundaries of the roadless and wild areas established in Part 163 of this chapter.

§ 162.8 Transfer of jurisdiction for maintenance to a State.

As the maintenance of roads and bridges by a State is normally financed from revenues collected by it from motor vehicle license fees and gasoline taxes to which Indians are subject, the Secretary may enter into an agreement with a State for the transfer to the State of jurisdiction with respect to the main

tenance of roads constructed or improved to adequate standards under the regulations in this part.

§ 162.9 Cooperation with States or Indian tribes.

If roads subject to the regulations in this part provide road facilities for both Indian lands that are not subject to taxation by a State and for other lands in such State, the Secretary may enter into an agreement with such State for cooperation in construction, maintenance, repair, and improvement of such roads by the Secretary. He may also enter into such agreements with an Indian tribe for a contribution from its tribal funds of such costs, if he determines that such Indian tribe can make such contribution without undue impairment to necessary tribal functions performed with such funds.

PART 163-ESTABLISHMENT OF ROADLESS AND WILD AREAS ON INDIAN RESERVATIONS

Sec. 163.1 163.3

Definition of roadless area.
Roads prohibited.

AUTHORITY: The provisions of this Part 163 issued under R.S. 161; 5 U.S.C. 22.

CROSS REFERENCE: For general regulations pertaining to the construction of roads, see Part 162 of this chapter.

§ 163.1 Definition of roadless area.

A roadless area has been defined as one which contains no provision for the passage of motorized transportation and which is at least 100,000 acres in extent. Under this definition the Secretary of the Interior ordered (3 F.R. 609, Mar. 22, 1938) certain roadless areas established on Indian reservations. The following is the only presently existing roadless area:

SW corner of sec. 19, T. 1 S., R. 3 W., thence north four (4) miles along range line to the Wind River Base Line, thence west one (1) mile along Wind River Base Line to the SW corner of sec. 36, T. 1 N., R. 4 W., thence north six (6) miles to the NW corner of sec. 1, T. 1 N., R. 4 W., thence west five (5) miles along township line to the NE corner of sec. 1, T. 1 N., R. 5 W., thence north four and onehalf (42) miles along range line to the NE corner of the SE1⁄4 of sec. 12, T. 2 N., R. 5 W., thence west one and one-half (11⁄2) miles to the center of sec. 11, T. 2 N., R. 5 W., thence on a straight line in a northwesterly direction to the top of Bold Mountain, thence on a straight line to the SE corner of sec. 35, T. 4 N., R. 6 W., thence west one (1) mile along township line to the SW corner of sec. 35, T. 4 N., R. 6 W., thence north two (2) miles to the NW corner of sec. 26, T. 4 N., R. 6 W., thence on a straight line in a northwesterly direction to the point where the north line of sec. 15, T. 4 N., R. 6 W. intersects the west boundary of the reservation, thence south, southeasterly and east along the reservation boundary to point of beginning.

(30 F.R. 9813, Aug. 6, 1965]

be the policy of the Interior Department to refuse consent to the construction or establishment of any routes passable to motor transportation, including in this restriction highways, roads, truck trails, work roads, and all other types of ways constructed to make possible the passage of motor vehicles either for transportation of people or for the hauling of supplies and equipment, unless the requirements of fire protection, commercial use for the Indians' benefit or actual needs of the Indians clearly demand otherwise.

(b) Foot trails and horse trails are not barred. The Superintendent of the Wind River Reservation on which this roadless area has been established will be held strictly accountable for seeing that the area is maintained in a roadless condition. Elimination of this area or any part thereof from the restriction of this order will be made only upon a written showing of an actual and controlling need.

[30 F.R. 9814, Aug. 6, 1965]

CROSS REFERENCE: For rights-of-way for highways over Indian lands, see Part 161 of this chapter.

(a) The term "superintendent" in this part refers to the superintendent or other officer of the Bureau of Indian Affairs or of the Government who may have jurisdiction over the lands involved.

(b) The term "supervisor" in this part refers to a representative of the Secretary of the Interior, under direction of the United States Geological Survey, authorized and empowered to supervise and direct operations under oil and gas or other mining leases, to furnish scientific and technical information and advice, to ascertain and record the amount and value of production, and to determine and record rentals and royalties due and paid.

CROSS REFERENCE: For rules and regulations of the Geological Survey, see 30 CFR Chapter II.

HOW TO ACQUIRE LEASES

§ 171.la Existing permits or leases on minerals acquired for the Ute Indian Tribe of the Uintah and Ouray Reservation, Utah, and the Pueblos of Zia and Jemez, New Mexico.

By the Act of July 14, 1956 (70 Stat. 546), title to the minerals underlying certain lands in Utah was vested in the United States in trust for the Ute Indian Tribe of the Uintah and Ouray Reservation and by the Act of August 2, 1956 (70 Stat. 941), title to certain land in New Mexico and the improvements thereon was declared to be in the United States of America in trust for the Pueblos of Zia and Jemez, subject to valid and existing rights. Existing mineral prospecting permits and mining leases on these lands issued pursuant to 43 CFR and all action on the permits and leases shall be administered by the Secretary of the Interior or his authorized representative in accordance with the regula

tions set forth in Title 43 of the Code of Federal Regulations, except as follows:

(a) Appeals from administrative action shall be made pursuant to applicable regulations set forth in this title.

(b) Payments or reports required by the leases, permits, or regulations in 43 CFR shall be made to the Superintendent having jurisdiction over the land involved instead of the officer of the Bureau of Land Management designated in Title 43 of the Code of Federal Regulations.

[25 FR. 12408, Dec. 3, 1960]

§ 171.2 Leases to be made by tribes.

Indian tribes, bands or groups may, with the approval of the Secretary of the Interior or his authorized representative, lease their land for mining purposes. No oil and gas lease shall be approved unless it has first been offered at an advertised sale in accordance with § 171.3. Leases for minerals other than oil and gas shall be advertised for bids as prescribed in § 171.3 unless the Commissioner grants to the Indian owners written permission to negotiate for a lease. Negotiated leases, accompanied by proper bond and other supporting papers, shall be filed with the Superintendent of the appropriate Indian Agency within 30 days after such permission shall have been granted by the Commissioner to negotiate the lease. The appropriate Area Director is authorized in proper cases to grant a reasonable extension of this period prior to its expiration. The right is reserved to the Secretary of the Interior to direct that negotiated leases be rejected and that they be advertised for bids. All leases shall be approved by the Secretary of the Interior or his duly authorized representative.

[23 F.R. 9393, Dec. 4, 1958]

§ 171.3 Sale of oil and gas leases.

(a) At such times and in such manner as he may deem appropriate, after being authorized by the tribal council or other authorized representative of the tribe, the superintendent shall publish notices at least thirty days prior to the sale, unless a shorter period is authorized by the Commissioner of Indian Affairs, that oil and gas leases on specific tracts, each of which shall be in a reasonably compact body, will be offered to the highest responsible bidder for a bonus consideration, in addition to stipulated rentals and royalties. Each bid must be accompanied by a cashier's check, certified check

or postal money order, payable to the payee designated in the invitation to bid, in an amount not less than 25 percent of the bonus bid. Within 30 days after notification of being the successful bidder, said bidder must remit the balance of the bonus, the first year's rental, and his share of the advertising costs, and shall file with the superintendent the lease in completed form. The superintendent may, for good and sufficient reasons, extend the time for the completion and submission of the lease form, but no extension shall be granted for remitting the balance of moneys due. If the successful bidder fails to pay the full consideration within said period, or fails to file the completed lease within said period or extension thereof, or if the lease is disapproved through no fault of the lessor or the Department of the Interior, 25 percent of the bonus bid will be forfeited for the use and benefit of the Indian lessor.

(b) All notices or advertisements of sales of oil and gas leases shall reserve to the Secretary of the Interior the right to reject all bids when in his judgment the interests of the Indians will be best served by so doing, and that if no satisfactory bid is received, or if the accepted bidder fails to complete the lease, or if the Secretary of the Interior shall determine that it is unwise in the interests of the Indians to accept the highest bid, the Secretary may readvertise such lease for sale, or if deemed advisable, with the consent of the tribal council or other governing tribal authorities, a lease may be made by private negotiations. The successful bidder or bidders will be required to pay his or their share of the advertising costs. Amounts received from unsuccessful bidders will be returned; but when no bid is accepted on a tract, the costs of advertising will be assessed against the applicant who requested that said tract be advertised.

[22 F.R. 10588, Dec. 24, 1957, as amended at 23 F.R. 7068, Sept. 12, 1958]

§ 171.3a Leases for subsurface storage of oil or gas.

(a) The Secretary of the Interior, or his authorized representative, may approve, subject to obtaining the prior consent of the Indian owners, storage leases, or modifications, amendments, or extensions of oil and gas or other mining leases, on tribal lands subject to lease under the Act of May 11, 1938 (52 Stat. 347; 25 U.S.C. 396a), and on allotted

lands subject to lease under the Act of March 3, 1909 (35 Stat. 783; 25 U.S.C. 396), to provide for the subsurface storage of oil or gas, irrespective of the lands from which production is initially obtained. The storage lease, or modification, amendment, or extension, shall provide for the payment of such storage fee or rental on such oil or gas as may be determined adequate in each case, or, in lieu thereof, for a royalty other than that prescribed in the oil and gas lease when such stored oil and gas is produced in conjunction with oil or gas not previously produced.

(b) The Secretary of the Interior or his authorized representative may approve, subject to obtaining the prior consent of the Indian owners, a provision in an oil and gas lease, under which storage of oil and gas is authorized, for continuance of the lease at least for the period of such storage use and so long thereafter as oil or gas not previously produced is produced in paying quantities.

(c) Applications for subsurface storage of oil or gas shall be filed in triplicate Iwith the oil and gas supervisor and shall disclose the ownership of the lands involved, the parties in interest, the storage fee, rental, or royalty offered to be paid for such storage, and all essential information showing the necessity for such project. Enough copies of the final agreement signed by the Indian owners and other parties in interest shall be submitted for the approval of the Secretary, or his authorized representative, to permit retention of five copies by the Department after approval.

[25 F.R. 9836, Oct. 14, 1960]

§ 171.4 Government employees cannot acquire leases.

No lease, assignment thereof, or interest therein will be approved to any employee or employees of the United States Government whether connected with the Bureau of Indian Affairs or otherwise, and no employee of the Interior Department shall be permitted to acquire any interest in any mineral lease covering restricted Indian lands by ownership of stock in corporations having such leases or in any other manner. (R. S. 2078; 25 U. S. C. 68)

§ 171.5 Corporations and corporate in

formation.

If the applicant for a lease is a corporation, it shall file evidence of