§ 312. — Rightsofway for railway, telegraph, and telephone lines; townsite stations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC312]
TITLE 25--INDIANS
CHAPTER 8--RIGHTS-OF-WAY THROUGH INDIAN LANDS
Sec. 312. Rights-of-way for railway, telegraph, and telephone
lines; town-site stations
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.
(Mar. 2, 1899, ch. 374, Sec. 1, 30 Stat. 990; Feb. 28, 1902, ch. 134,
Sec. 23, 32 Stat. 50; June 25, 1910, ch. 431, Sec. 16, 36 Stat. 859.)
Section Referred to in Other Sections
This section is referred to in sections 314, 316, 317, 318, 322,
353, 406, 564h, 697, 747, 797, 843 of this title.
