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Title 25, IndiansRelease 119-102

§322a Renewal of Rights-of-way Without Consent of Pueblo Tribes; Authority of Secretary; Compensation, Etc.

Title 25 › CHAPTER 8 — RIGHTS-OF-WAY THROUGH INDIAN LANDS › § 322a

Last updated Aug 21, 2026|Official source

Summary

The Secretary of the Interior can, without getting consent from the Pueblo Tribes, grant one renewal up to ten years for any right-of-way that was won or settled in litigation under the Act of May 10, 1926 (44 Stat. 498) if it was obtained before January 1, 1975. The Secretary can do this only if the right-of-way owner and the Pueblo cannot agree on a renewal within 90 days after it is asked for. The Secretary must require payment to the Pueblo equal to the fair market value, as the Secretary decides. This does not make valid any right-of-way that was already invalid because the 1926 Act was invalid when it was originally obtained.

Full Legal Text

Title 25, §322a

Indians, Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

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
May 10, 1926, referred to in text, is act
May 10, 1926, ch. 282, 44 Stat. 498, which was not classified to the Code.

Executive Documents

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
July 1, 1979, pursuant to Ex. Ord. No. 12142, § 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. 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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 322a

Title 25, Indians

Last Updated

Aug 21, 2026

Release point: 119-102