Legislación
US (United States) Code. Title 25. Chapter 8: Rights-of-way through indian lands
-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 Repealed.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-
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25 USC Sec. 311 01/06/03
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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
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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-
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25 USC Sec. 313 01/06/03
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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
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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
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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
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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
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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
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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
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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
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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
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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-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |