§ 322. Applicability of certain provisions to Pueblo Indians

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1928

   Pub. L. 70–400 § 1 · 45 Stat. 442

   Enacted · 25 U.S.C. § 322

   Apr. 21, 1928, ch. 400, § 1, 45 Stat. 442

   Source evidence

   Code source credit
   Apr. 21, 1928, ch. 400, § 1, 45 Stat. 442

2. 1976

   Pub. L. 94–416 § 3 · 90 Stat. 1275

   1. Inserted · 25 U.S.C. § 322

      Pub. L. 94–416 inserted reference to sections 323 to 328 and 357 of this title with respect to the enumeration of statutes

   2. Struck · 25 U.S.C. § 322

      Pub. L. 94–416 struck out reference to section 935 of title 43 with respect to the enumeration of statutes

   3. Inserted · 25 U.S.C. § 322

      Pub. L. 94–416 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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   Sec. 3 The Act of April 21, 1928 (45 Stat. 442), is hereby amended 25 USC 322. by striking all after the enacting clause and inserting, in lieu, the following: “That the provisions of the following statutes: “Sections 3 and 4 of the Act of March 3, 1901 (31 Stat, 1083 and 1084); 25 USC 319, 357, 311. 25 USC 312–318. 25 USC 321. 25 USC 323–328. “The Act of March 2, 1899 (30 Stat. 990), as amended; “Sections 1 and 2 of the Act of March 11, 1904 (33 Stat. 65), as amended; and “The Act of February 5, 1948 (62 Stat. 17), 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. “Sec. 2. Notwithstanding such provisions, the Secretary of the Right-of-way renewal. 25 USC 322a. 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 Condition. 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 44 Stat. 498. by reason of the invalidity of the Act of May 10, 1926, on the date said right-of-way was originally obtained.”.

3 of 4 references resolved to an enrolled provision · 1 partial