Title 25 — IndiansRelease 119-73not60

§312 Rights-of-way for Railway, Telegraph, and Telephone Lines; Town-site Stations

Title 25 › Chapter 8— RIGHTS-OF-WAY THROUGH INDIAN LANDS › § 312

Last updated Apr 5, 2026|Official source

Summary

Gives any railroad company formed under U.S., state, or territorial law the right to lay railway, telegraph, and telephone lines across Indian reservations (in any State or Territory except Oklahoma), across lands set aside for Indian agencies or Indian service, and across lands allotted to individual Indians that have not been fully transferred. The company must follow sections 312–318 and the rules made under them. The Secretary of the Interior must be satisfied the company applied in good faith and can build, must allow hearings if people object, may refuse a new parallel right of way within ten miles of an existing or actually being built railroad unless it benefits the public, and requires the company to build and keep suitable passenger and freight stations for every Government town site on the route.

Full Legal Text

Title 25, §312

Indians — Source: USLM XML via OLRC

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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 312

Title 25 — Indians

Last Updated

Apr 5, 2026

Release point: 119-73not60