US (United States) Code. Title 25. Chapter 8: Rights-of-way through indian lands

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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-CITE-

25 USC CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-MISC1-

Sec.

311. Opening highways.

312. Rights-of-way for railway, telegraph, and telephone

lines; town-site stations.

313. Width of rights-of-way.

314. Survey; maps; compensation.

315. Time for completion of road; forfeiture.

316. Rights of several roads through canyons.

317. Regulations.

318. Amendment or repeal of sections.

318a. Roads on Indian reservations; appropriation.

318b. Repealed.

319. Rights-of-way for telephone and telegraph lines.

320. Acquisition of lands for reservoirs or materials.

321. Rights-of-way for pipe lines.

322. Applicability of certain provisions to Pueblo Indians.

322a. Renewal of rights-of-way without consent of Pueblo

Tribes; authority of Secretary; compensation, etc.

323. Rights-of-way for all purposes across any Indian

lands.

324. Consent of certain tribes; consent of individual

Indians.

325. Payment and disposition of compensation.

326. Laws unaffected.

327. Application for grant by department or agency.

328. Rules and regulations.

-End-

-CITE-

25 USC Sec. 311 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 311. Opening highways

-STATUTE-

The Secretary of the Interior is authorized to grant permission,

upon compliance with such requirements as he may deem necessary, to

the proper State or local authorities for the opening and

establishment of public highways, in accordance with the laws of

the State or Territory in which the lands are situated, through any

Indian reservation or through any lands which have been allotted in

severalty to any individual Indian under any laws or treaties but

which have not been conveyed to the allottee with full power of

alienation.

-SOURCE-

(Mar. 3, 1901, ch. 832, Sec. 4, 31 Stat. 1084.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 322 of this title.

-End-

-CITE-

25 USC Sec. 312 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 312. Rights-of-way for railway, telegraph, and telephone

lines; town-site stations

-STATUTE-

A right of way for a railway, telegraph, and telephone line

through any Indian reservation in any State or Territory, except

Oklahoma, or through any lands reserved for an Indian agency 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, is granted to any

railroad company organized under the laws of the United States, or

of any State or Territory, which shall comply with the provisions

of sections 312 to 318 of this title and such rules and regulations

as may be prescribed thereunder: Provided, That no right of way

shall be granted under said sections until the Secretary of the

Interior is satisfied that the company applying has made said

application in good faith and with intent and ability to construct

said road, and in case objection to the granting of such right of

way shall be made, said Secretary shall afford the parties so

objecting a full opportunity to be heard: Provided further, That

where a railroad has heretofore been constructed, or is in actual

course of construction, no parallel right of way within ten miles

on either side shall be granted by the Secretary of the Interior

unless, in his opinion, public interest will be promoted thereby:

Provided, also, That as a condition precedent to each and every

grant of a right of way under authority of said sections, each and

every railway company applying for such grant shall stipulate that

it will construct and permanently maintain suitable passenger and

freight stations for the convenience of each and every town site

established by the Government along said right of way.

-SOURCE-

(Mar. 2, 1899, ch. 374, Sec. 1, 30 Stat. 990; Feb. 28, 1902, ch.

134, Sec. 23, 32 Stat. 50; June 25, 1910, ch. 431, Sec. 16, 36

Stat. 859.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 314, 316, 317, 318, 322,

353, 406, 564h, 697, 747, 797, 843 of this title.

-End-

-CITE-

25 USC Sec. 313 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 313. Width of rights-of-way

-STATUTE-

Such right of way shall not exceed fifty feet in width on each

side of the center line of the road, except where there are heavy

cuts and fills, when it shall not exceed one hundred feet in width

on each side of the road, and may include grounds adjacent thereto

for station buildings, depots, machine shops, sidetracks,

turn-outs, and water stations, not to exceed two hundred feet in

width by a length of three thousand feet, and not more than one

station to be located within any one continuous length of ten miles

of road.

-SOURCE-

(Mar. 2, 1899, ch. 374, Sec. 2, 30 Stat. 990; June 21, 1906, ch.

3504, 34 Stat. 330.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 312, 314, 316, 317, 318,

322 of this title.

-End-

-CITE-

25 USC Sec. 314 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 314. Survey; maps; compensation

-STATUTE-

The line of route of said road may be surveyed and located

through and across any of said lands at any time, upon permission

therefor being obtained from the Secretary of the Interior; but

before the grant of such right of way shall become effective a map

of the survey of the line or route of said road must be filed with

and approved by the Secretary of the Interior, and the company must

make payment to the Secretary of the Interior for the benefit of

the tribe or nation, of full compensation for such right of way,

including all damage to improvements and adjacent lands, which

compensation shall be determined and paid under the direction of

the Secretary of the Interior, in such manner as he may prescribe.

Before any such railroad shall be constructed through any land,

claim, or improvement, held by individual occupants or allottees in

pursuance of any treaties or laws of the United States,

compensation shall be made to such occupant or allottee for all

property to be taken, or damage done, by reason of the construction

of such railroad. In case of failure to make amicable settlement

with any such occupant or allottee, such compensation shall be

determined by the appraisement of three disinterested referees, to

be appointed by the Secretary of the Interior, who, before entering

upon the duties of their appointment, shall take and subscribe

before competent authority an oath that they will faithfully and

impartially discharge the duties of their appointment, which oath,

duly certified, shall be returned with their award to the Secretary

of the Interior. If the referees cannot agree, then any two of them

are authorized to make the award. Either party being dissatisfied

with the finding of the referees shall have the right within sixty

days after the making of the award and notice of the same, to

appeal, if said land is situated in any State or Territory other

than Oklahoma, to the United States district court for such State

or Territory, where the case shall be tried de novo and the

judgment for damages rendered by the court shall be final and

conclusive.

When proceedings are commenced in court as aforesaid, the

railroad company shall deposit the amount of the award made by the

referees with the court to abide the judgment thereof, and then

have the right to enter upon the property sought to be condemned

and proceed with the construction of the railway. Each of the

referees shall receive for his compensation the sum of $4 per day

while engaged in the hearing of any case submitted to them under

sections 312 to 318 of this title. Witnesses shall receive the fees

usually allowed by courts within the district where such land is

located. Costs, including compensation of the referees, shall be

made part of the award or judgment, and be paid by such railroad

company.

-SOURCE-

(Mar. 2, 1899, ch. 374, Sec. 3, 30 Stat. 991; Feb. 28, 1902, ch.

134, Sec. 23, 32 Stat. 50.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 312, 316, 317, 318, 322

of this title.

-End-

-CITE-

25 USC Sec. 315 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 315. Time for completion of road; forfeiture

-STATUTE-

If any such company shall fail to construct and put in operation

one-tenth of its entire line in one year, or to complete its road

within three years after the approval of its map of location by the

Secretary of the Interior, the right of way granted shall be deemed

forfeited and abandoned ipso facto as to that portion of the road

not then constructed and in operation: Provided, That the Secretary

may, when he deems proper, extend, for a period not exceeding two

years, the time for the completion of any road for which right of

way has been granted and a part of which shall have been built.

-SOURCE-

(Mar. 2, 1899, ch. 374, Sec. 4, 30 Stat. 991.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 312, 314, 316, 317, 318,

322 of this title.

-End-

-CITE-

25 USC Sec. 316 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 316. Rights of several roads through canyons

-STATUTE-

The provisions of section 935 (!1) of title 43 relating to the

rights of several railroads through any canyon, pass, or defile are

extended and made applicable to rights of way granted under

sections 312 to 318 of this title and to railroad companies

obtaining such rights of way.

-SOURCE-

(Mar. 2, 1899, ch. 374, Sec. 6, 30 Stat. 992.)

-REFTEXT-

REFERENCES IN TEXT

Section 935 of title 43, referred to in text, was repealed by

Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat.

2793, effective on and after Oct. 21, 1976, insofar as applicable

to the issuance of rights-of-way over, under, and through the

public lands and lands in the National Forest System.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 312, 314, 317, 318 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

25 USC Sec. 317 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 317. Regulations

-STATUTE-

The Secretary of the Interior shall make all needful rules and

regulations, not inconsistent with sections 312 to 318 of this

title, for the proper execution and carrying into effect of all the

provisions of said sections.

-SOURCE-

(Mar. 2, 1899, ch. 374, Sec. 7, 30 Stat. 992.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 312, 314, 316, 318, 322

of this title.

-End-

-CITE-

25 USC Sec. 318 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 318. Amendment or repeal of sections

-STATUTE-

Congress reserves the right at any time to alter, amend, or

repeal sections 312 to 318 of this title or any portion thereof.

-SOURCE-

(Mar. 2, 1899, ch. 374, Sec. 8, 30 Stat. 992.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 312, 314, 316, 317, 322

of this title.

-End-

-CITE-

25 USC Sec. 318a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 318a. Roads on Indian reservations; appropriation

-STATUTE-

Appropriations are hereby authorized out of any money in the

Treasury not otherwise appropriated for material, equipment,

supervision and engineering, and the employment of Indian labor in

the survey, improvement, construction, and maintenance of Indian

reservation roads not eligible to Government aid under the Federal

Highway Act and for which no other appropriation is available,

under such rules and regulations as may be prescribed by the

Secertary (!1) of the Interior.

-SOURCE-

(May 26, 1928, ch. 756, 45 Stat. 750.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Highway Act, referred to in text, is act Nov. 9,

1921, ch. 119, 42 Stat. 212, which enacted sections 1, 2, 3, 3a, 4,

6, 7, 8, 9, 10, 11, 12, 13, 14, 15 to 20, 21, 22, 23, 24, and 25 of

former Title 23, Highways, and amended sections 5 and 12a of former

Title 23 and section 3 of Title 50, War and National Defense. Pub.

L. 85-767, Aug. 27, 1958, 72 Stat. 919, repealed the Federal

Highway Act, with the exception of the amendment to section 3 of

Title 50, as part of the general revision and reenactment of Title

23, Highways.

-MISC1-

APPROPRIATIONS FOR FISCAL YEARS 1950 AND 1951

Act June 29, 1948, ch. 732, Sec. 4(c), 62 Stat. 1105, authorized

the appropriation of $6,000,000 for fiscal years 1950 and 1951,

respectively, for the carrying out of the provisions of this

section.

-FOOTNOTE-

(!1) So in original. Probably should be "Secretary".

-End-

-CITE-

25 USC Sec. 318b 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 318b. Repealed. Pub. L. 85-767, Sec. 2[19], [23], Aug. 27,

1958, 72 Stat. 919

-MISC1-

Section, acts June 16, 1936, ch. 582, Sec. 6, 49 Stat. 1521;

Sept. 5, 1940, ch. 715, Sec. 10, 54 Stat. 870; June 30, 1949, ch.

288, title I, Sec. 103(a), 63 Stat. 380; 1949 Reorg. Plan No. 7,

Sec. 1, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1070, related to

location and design of roads by the Bureau of Public Roads.

-End-

-CITE-

25 USC Sec. 319 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 319. Rights-of-way for telephone and telegraph lines

-STATUTE-

The 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 offices for general telephone and telegraph business

through any Indian reservation, through any lands held by an Indian

tribe or nation in the former Indian Territory, through any lands

reserved for an Indian agency or Indian school, or for other

purpose 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 the Secretary of the Interior, and the

maps of definite location of the lines shall be subject to his

approval. 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 $5 for

each ten miles of line so constructed and maintained; and all such

lines shall be 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 Congress hereby expressly reserves the right to regulate the

tolls or charges for the transmission of messages over any lines

constructed under the provisions of this section: Provided, That

incorporated cities and towns into or through which such telephone

or telegraphic 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.

-SOURCE-

(Mar. 3, 1901, ch. 832, Sec. 3, 31 Stat. 1083.)

-COD-

CODIFICATION

The "former Indian Territory", referred to in text, was in the

original "Indian Territory", and has been designated as former

Indian Territory by virtue of the admission of such former

Territory and the Territory of Oklahoma to the Union as the State

of Oklahoma, pursuant to act June 16, 1906, ch. 3335, 34 Stat. 267.

Section is comprised of the first par. of section 3 of act Mar.

3, 1901. The second par. of such section 3 is classified to section

357 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 322 of this title.

-End-

-CITE-

25 USC Sec. 320 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 320. Acquisition of lands for reservoirs or materials

-STATUTE-

When, in the judgment of the Secretary of the Interior, it is

necessary for any railway company owning or operating a line of

railway in any Indian reservation to acquire lands in such Indian

reservation for reservoirs, material, or ballast pits for the

construction, repair, and maintenance of its railway, or for the

purpose of planting and growing thereon trees to protect its line

of railway, the said Secretary is authorized to grant such lands to

any such railway company under such terms and conditions and such

rules and regulations as may be prescribed by the said Secretary.

When any railway company desiring to secure the benefits of this

provision shall file with the Secretary of the Interior an

application describing the lands which it desires to purchase, upon

the payment of the price agreed upon the said Secretary shall cause

such lands to be conveyed to the railway company applying therefor

upon such terms and conditions as he may deem proper: Provided,

That no lands shall be acquired under the terms of this provision

in greater quantities than forty acres for any one reservoir, and

one hundred and sixty acres for any material or ballast pit, to the

extent of not more than one reservoir and one material or gravel

pit in any one section of ten miles of any such railway in any

Indian reservation: And provided further, That the lands acquired

for tree planting shall be taken only at such places along the line

of the railway company applying therefor as in the judgment of the

said Secretary may be necessary, and shall be taken in strips

adjoining and parallel with the right of way of the railway company

taking the same, and shall not exceed one hundred and fifty feet in

width.

All moneys paid for such lands shall be deposited in the Treasury

of the United States to the credit of the tribe or tribes, and the

moneys received by said Secretary as damages sustained by

individual 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, shall be paid by said Secretary

to the Indian or Indians sustaining such damages. The provisions of

this section are extended and made applicable to 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; the damages and compensation to be

paid to any Indian allottee shall be ascertained and fixed in such

manner as the Secretary of the Interior may direct and shall be

paid by the railway company to said Secretary; the damages and

compensation paid to the Secretary of the Interior by the railway

company taking any such land shall be paid by said Secretary to the

allottee sustaining such damages.

-SOURCE-

(Mar. 3, 1909, ch. 263, 35 Stat. 781, 782; May 6, 1910, ch. 204, 36

Stat. 349.)

-End-

-CITE-

25 USC Sec. 321 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 321. Rights-of-way for pipe lines

-STATUTE-

The 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 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 former Indian

Territory, through any lands reserved for an Indian agency or

Indian school, or for other purpose 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. Before title to

rights of way applied for hereunder shall vest, maps of definite

location shall be filed with and approved by the Secretary of the

Interior: Provided, That before such approval the Secretary of the

Interior may, under such rules and regulations as he may prescribe,

grant temporary permits revocable in his discretion for the

construction of such lines: 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 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

cannot 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

permitted 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 $5 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 section 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. The right to

alter, amend, or repeal this section is expressly reserved.

-SOURCE-

(Mar. 11, 1904, ch. 505, Secs. 1, 2, 33 Stat. 65; Mar. 2, 1917, ch.

146, Sec. 1, 39 Stat. 973.)

-COD-

CODIFICATION

The "former Indian Territory", referred to in text, was in the

original "Indian Territory", and has been designated as former

Indian Territory by virtue of the admission of such former

Territory and the Territory of Oklahoma to the Union as the State

of Oklahoma, pursuant to act June 16, 1906, ch. 3335, 34 Stat. 267.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior relating to compliance with

rights-of-way across Indian lands, issued under section 321 et seq.

of this title with respect to pre-construction, construction, and

initial operation of transportation system for Canadian and Alaskan

natural gas transferred to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the

Appendix to Title 5, Government Organization and Employees,

effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101,

June 21, 1979, 44 F.R. 36927, set out as a note under section 719e

of Title 15, Commerce and Trade. Office of Federal Inspector for

the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 322 of this title.

-End-

-CITE-

25 USC Sec. 322 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 322. Applicability of certain provisions to Pueblo Indians

-STATUTE-

The provisions of the following statutes:

Sections 311, 319, and 357 of this title;

Sections 312 to 318 of this title;

Section 321 of this title; and

Sections 323 to 328 of this title,

are extended over and made applicable to the Pueblo Indians of New

Mexico and their lands, whether owned by the Pueblo Indians or held

in trust or set aside for their use and occupancy by Executive

order or otherwise, under such rules, regulations, and conditions

as the Secretary of the Interior may prescribe.

-SOURCE-

(Apr. 21, 1928, ch. 400, Sec. 1, 45 Stat. 442; Pub. L. 94-416, Sec.

3, Sept. 17, 1976, 90 Stat. 1275.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-416 inserted reference to sections 323 to 328

and 357 of this title with respect to the enumeration of statutes,

struck out reference to section 935 of title 43 with respect to the

enumeration of statutes, and inserted "whether owned by the Pueblo

Indians or held in trust or set aside for their use and occupancy

by Executive order or otherwise," after "New Mexico and their

lands".

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior relating to compliance with

rights-of-way across Indian lands, issued under section 321 et seq.

of this title with respect to pre-construction, construction, and

initial operation of transportation system for Canadian and Alaskan

natural gas transferred to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the

Appendix to Title 5, Government Organization and Employees,

effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101,

June 21, 1979, 44 F.R. 36927, set out as a note under section 719e

of Title 15, Commerce and Trade. Office of Federal Inspector for

the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15.

-End-

-CITE-

25 USC Sec. 322a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 322a. Renewal of rights-of-way without consent of Pueblo

Tribes; authority of Secretary; compensation, etc.

-STATUTE-

Notwithstanding such provisions, the Secretary of the Interior

may, without the consent of the affected Pueblo Tribes, grant one

renewal for a period not to exceed ten years of any right-of-way

acquired through litigation initiated under the Act of May 10, 1926

(44 Stat. 498), or by compromise and settlement in such litigation,

prior to January 1, 1975. The Secretary shall require, as

compensation for the Pueblo involved, the fair market value, as

determined by the Secretary, of the grant of such renewal. The

Secretary may grant such right-of-way renewal under this section

only in the event the owner of such existing right-of-way and the

Pueblo Tribe involved cannot reach agreement on renewal within

ninety days after such renewal is requested. Nothing in this

section shall be deemed to validate or authorize the renewal of a

right-of-way which is otherwise invalid by reason of the invalidity

of the Act of May 10, 1926, on the date said right-of-way was

originally obtained.

-SOURCE-

(Apr. 21, 1928, ch. 400, Sec. 2, as added Pub. L. 94-416, Sec. 3,

Sept. 17, 1976, 90 Stat. 1275.)

-REFTEXT-

REFERENCES IN TEXT

Notwithstanding such provisions, referred to in text, means the

provisions referred to in section 322 of this title.

Act of May 10, 1926, referred to in text, is act May 10, 1926,

ch. 282, 44 Stat. 498, which was not classified to the Code.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior relating to compliance with

rights-of-way across Indian lands, issued under section 321 et seq.

of this title with respect to pre-construction, construction, and

initial operation of transportation system for Canadian and Alaskan

natural gas transferred to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the

Appendix to Title 5, Government Organization and Employees,

effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101,

June 21, 1979, 44 F.R. 36927, set out as a note under section 719e

of Title 15, Commerce and Trade. Office of Federal Inspector for

the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15.

-End-

-CITE-

25 USC Sec. 323 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 323. Rights-of-way for all purposes across any Indian lands

-STATUTE-

The Secretary of the Interior be, and he is empowered to grant

rights-of-way for all purposes, subject to such conditions as he

may prescribe, over and across any lands now or hereafter held in

trust by the United States for individual Indians or Indian tribes,

communities, bands, or nations, or any lands now or hereafter

owned, subject to restrictions against alienation, by individual

Indians or Indian tribes, communities, bands, or nations, including

the lands belonging to the Pueblo Indians in New Mexico, and any

other lands heretofore or hereafter acquired or set aside for the

use and benefit of the Indians.

-SOURCE-

(Feb. 5, 1948, ch. 45, Sec. 1, 62 Stat. 17.)

-MISC1-

EFFECTIVE DATE

Section 7 of act Feb. 5, 1948, provided that sections 323 to 328

should not become operative until 30 days after Feb. 5, 1948.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior relating to compliance with

rights-of-way across Indian lands, issued under section 321 et seq.

of this title with respect to pre-construction, construction, and

initial operation of transportation system for Canadian and Alaskan

natural gas transferred to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the

Appendix to Title 5, Government Organization and Employees,

effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101,

June 21, 1979, 44 F.R. 36927, set out as a note under section 719e

of Title 15, Commerce and Trade. Office of Federal Inspector for

the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 322, 326, 327, 328, 1724

of this title; title 43 section 421c.

-End-

-CITE-

25 USC Sec. 324 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 324. Consent of certain tribes; consent of individual Indians

-STATUTE-

No grant of a right-of-way over and across any lands belonging to

a tribe organized under the Act of June 18, 1934 (48 Stat. 984), as

amended [25 U.S.C. 461 et seq.]; the Act of May 1, 1936 (49 Stat.

1250) [25 U.S.C. 473a, 496]; or the Act of June 26, 1936 (49 Stat.

1967) [25 U.S.C. 501 et seq.], shall be made without the consent of

the proper tribal officials. Rights-of-way over and across lands of

individual Indians may be granted without the consent of the

individual Indian owners if (1) the land is owned by more than one

person, and the owners or owner of a majority of the interests

therein consent to the grant; (2) the whereabouts of the owner of

the land or an interest therein are unknown, and the owners or

owner of any interests therein whose whereabouts are known, or a

majority thereof, consent to the grant; (3) the heirs or devisees

of a deceased owner of the land or an interest therein have not

been determined, and the Secretary of the Interior finds that the

grant will cause no substantial injury to the land or any owner

thereof; or (4) the owners of interests in the land are so numerous

that the Secretary finds it would be impracticable to obtain their

consent, and also finds that the grant will cause no substantial

injury to the land or any owner thereof.

-SOURCE-

(Feb. 5, 1948, ch. 45, Sec. 2, 62 Stat. 18.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 18, 1934, referred to in text, popularly known as the

Indian Reorganization Act, is classified generally to subchapter V

(Sec. 461 et seq.) of chapter 14 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 461 of this title and Tables.

Section 496 of this title, referred to in text, was repealed by

Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.

2792.

Act of June 26, 1936, referred to in text, popularly known as the

Oklahoma Welfare Act, is classified generally to subchapter VIII

(Sec. 501 et seq.) of chapter 14 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 501 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior relating to compliance with

rights-of-way across Indian lands, issued under section 321 et seq.

of this title with respect to pre-construction, construction, and

initial operation of transportation system for Canadian and Alaskan

natural gas transferred to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the

Appendix to Title 5, Government Organization and Employees,

effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101,

June 21, 1979, 44 F.R. 36927, set out as a note under section 719e

of Title 15, Commerce and Trade. Office of Federal Inspector for

the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 322, 326, 327, 328, 1724

of this title; title 43 section 421c.

-End-

-CITE-

25 USC Sec. 325 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 325. Payment and disposition of compensation

-STATUTE-

No grant of a right-of-way shall be made without the payment of

such compensation as the Secretary of the Interior shall determine

to be just. The compensation received on behalf of the Indian

owners shall be disposed of under rules and regulations to be

prescribed by the Secretary of the Interior.

-SOURCE-

(Feb. 5, 1948, ch. 45, Sec. 3, 62 Stat. 18.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior relating to compliance with

rights-of-way across Indian lands, issued under section 321 et seq.

of this title with respect to pre-construction, construction, and

initial operation of transportation system for Canadian and Alaskan

natural gas transferred to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the

Appendix to Title 5, Government Organization and Employees,

effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101,

June 21, 1979, 44 F.R. 36927, set out as a note under section 719e

of Title 15, Commerce and Trade. Office of Federal Inspector for

the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 322, 326, 327, 328, 1724

of this title; title 43 section 421c.

-End-

-CITE-

25 USC Sec. 326 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 326. Laws unaffected

-STATUTE-

Sections 323 to 328 of this title shall not in any manner amend

or repeal the provisions of the Federal Water Power Act of June 10,

1920 (41 Stat. 1063), as amended by the Act of August 26, 1935 (49

Stat. 838) [16 U.S.C. 791a et seq.], nor shall any existing

statutory authority empowering the Secretary of the Interior to

grant rights-of-way over Indian lands be repealed.

-SOURCE-

(Feb. 5, 1948, ch. 45, Sec. 4, 62 Stat. 18.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Power Act, referred to in text, is act June 10,

1920, ch. 285, 41 Stat. 1063, as amended, now known as the Federal

Power Act, which is classified generally to chapter 12 (Sec. 791a

et seq.) of Title 16, Conservation. For complete classification of

this Act to the Code, see Tables.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior relating to compliance with

rights-of-way across Indian lands, issued under section 321 et seq.

of this title with respect to pre-construction, construction, and

initial operation of transportation system for Canadian and Alaskan

natural gas transferred to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the

Appendix to Title 5, Government Organization and Employees,

effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101,

June 21, 1979, 44 F.R. 36927, set out as a note under section 719e

of Title 15, Commerce and Trade. Office of Federal Inspector for

the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 322, 327, 328, 1724 of

this title; title 43 section 421c.

-End-

-CITE-

25 USC Sec. 327 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 327. Application for grant by department or agency

-STATUTE-

Rights-of-way for the use of the United States may be granted

under sections 323 to 328 of this title upon application by the

department or agency having jurisdiction over the activity for

which the right-of-way is to be used.

-SOURCE-

(Feb. 5, 1948, ch. 45, Sec. 5, 62 Stat. 18.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior relating to compliance with

rights-of-way across Indian lands, issued under section 321 et seq.

of this title with respect to pre-construction, construction, and

initial operation of transportation system for Canadian and Alaskan

natural gas transferred to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the

Appendix to Title 5, Government Organization and Employees,

effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101,

June 21, 1979, 44 F.R. 36927, set out as a note under section 719e

of Title 15, Commerce and Trade. Office of Federal Inspector for

the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 322, 326, 328, 1724 of

this title; title 43 section 421c.

-End-

-CITE-

25 USC Sec. 328 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 8 - RIGHTS-OF-WAY THROUGH INDIAN LANDS

-HEAD-

Sec. 328. Rules and regulations

-STATUTE-

The Secretary of the Interior is authorized to prescribe any

necessary regulations for the purpose of administering the

provisions of sections 323 to 328 of this title.

-SOURCE-

(Feb. 5, 1948, ch. 45, Sec. 6, 62 Stat. 18.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Secretary or other official in

Department of the Interior relating to compliance with

rights-of-way across Indian lands, issued under section 321 et seq.

of this title with respect to pre-construction, construction, and

initial operation of transportation system for Canadian and Alaskan

natural gas transferred to Federal Inspector, Office of Federal

Inspector for Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e),

203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the

Appendix to Title 5, Government Organization and Employees,

effective July 1, 1979, pursuant to Ex. Ord. No. 12142, Sec. 1-101,

June 21, 1979, 44 F.R. 36927, set out as a note under section 719e

of Title 15, Commerce and Trade. Office of Federal Inspector for

the Alaska Natural Gas Transportation System abolished and

functions and authority vested in Inspector transferred to

Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out

as an Abolition of Office of Federal Inspector note under section

719e of Title 15.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 322, 326, 327, 1724 of

this title; title 43 section 421c.

-End-