Title 25, IndiansRelease 119-102
§323 Rights-of-way for All Purposes Across Any Indian Lands
Title 25 › CHAPTER 8 — RIGHTS-OF-WAY THROUGH INDIAN LANDS › § 323
Summary
The Secretary of the Interior can allow rights-of-way for any purpose and set conditions for them. This applies to lands held in trust or owned with limits by individual Indians, tribes, bands, or communities — including Pueblo lands in New Mexico — and to any other lands acquired or set aside for Indian use and benefit.
Full Legal Text
Title 25, §323
Indians, Source: USLM XML via OLRC
The Secretary of the Interior be, and he is empowered to grant rights-of-way for all purposes, subject to such conditions as he may prescribe, over and across any lands now or hereafter held in trust by the United States for individual Indians or Indian tribes, communities, bands, or nations, or any lands now or hereafter owned, subject to restrictions against alienation, by individual Indians or Indian tribes, communities, bands, or nations, including the lands belonging to the Pueblo Indians in New Mexico, and any other lands heretofore or hereafter acquired or set aside for the use and benefit of the Indians.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Act Feb. 5, 1948, ch. 45, § 7, 62 Stat. 18, provided that sections 323 to 328 should not become operative until 30 days after Feb. 5, 1948.
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. § 323
Title 25, Indians
Last Updated
Aug 21, 2026
Release point: 119-102