§ 322a. — Renewal of rightsofway without consent of Pueblo Tribes; authority of Secretary; compensation, etc.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC322a]
TITLE 25--INDIANS
CHAPTER 8--RIGHTS-OF-WAY THROUGH INDIAN LANDS
Sec. 322a. Renewal of rights-of-way without consent of Pueblo
Tribes; authority of Secretary; compensation, etc.
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.
(Apr. 21, 1928, ch. 400, Sec. 2, as added Pub. L. 94-416, Sec. 3, Sept.
17, 1976, 90 Stat. 1275.)
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.
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, Secs. 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,
Sec. 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.