Title 25 — Indians
Chapter 8 — Rights-of-Way Through Indian Lands
§ 322a. Renewal of rights-of-way without consent of Pueblo Tribes; authority of Secretary; compensation, etc.
Statutory text
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 (44 Stat. 498), or by compromise and settlement in such litigation, prior to . 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 , on the date said right-of-way was originally obtained.
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.
Pub. L. 94–416 § 3 · 90 Stat. 1275
Enacted · 25 U.S.C. § 322a
(Apr. 21, 1928, ch. 400, § 2, as added Pub. L. 94–416, § 3, Sept. 17, 1976, 90 Stat. 1275.)
Source evidence
Code source credit
(Apr. 21, 1928, ch. 400, § 2, as added Pub. L. 94–416, § 3, Sept. 17, 1976, 90 Stat. 1275.)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.”.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
Notwithstanding such provisions, referred to in text, means the provisions referred to in section 322 of this title.
Act of , referred to in text, is act May 10, 1926, ch. 282, 44 Stat. 498, which was not classified to the Code.
Executive Documents
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, §§ 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 , pursuant to Ex. Ord. No. 12142, § 1–101, , 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. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
Credits
(Apr. 21, 1928, ch. 400, § 2, as added Pub. L. 94–416, § 3, , 90 Stat. 1275.)