§322a — Title 25 Indians | U.S. Code

Summary

The Secretary can grant, without Pueblo consent, one 10‑year renewal of any right‑of‑way obtained in litigation or settlement under the Act of May 10, 1926 before 1/1/1975. The Pueblo gets fair market value as determined by the Secretary; renewal is allowed only if owner and tribe fail to agree within 90 days, and it cannot validate rights that were already invalid when first obtained.

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.

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

, 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.

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

Summary

Title 25, §322a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Executive Documents

Enforcement

Construction

Construction

Citations & Metadata