§ 324. — Consent of certain tribes; consent of individual Indians.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC324]
TITLE 25--INDIANS
CHAPTER 8--RIGHTS-OF-WAY THROUGH INDIAN LANDS
Sec. 324. Consent of certain tribes; consent of individual
Indians
No grant of a right-of-way over and across any lands belonging to a
tribe organized under the Act of June 18, 1934 (48 Stat. 984), as
amended [25 U.S.C. 461 et seq.]; the Act of May 1, 1936 (49 Stat. 1250)
[25 U.S.C. 473a, 496]; or the Act of June 26, 1936 (49 Stat. 1967) [25
U.S.C. 501 et seq.], shall be made without the consent of the proper
tribal officials. Rights-of-way over and across lands of individual
Indians may be granted without the consent of the individual Indian
owners if (1) the land is owned by more than one person, and the owners
or owner of a majority of the interests therein consent to the grant;
(2) the whereabouts of the owner of the land or an interest therein are
unknown, and the owners or owner of any interests therein whose
whereabouts are known, or a majority thereof, consent to the grant; (3)
the heirs or devisees of a deceased owner of the land or an interest
therein have not been determined, and the Secretary of the Interior
finds that the grant will cause no substantial injury to the land or any
owner thereof; or (4) the owners of interests in the land are so
numerous that the Secretary finds it would be impracticable to obtain
their consent, and also finds that the grant will cause no substantial
injury to the land or any owner thereof.
(Feb. 5, 1948, ch. 45, Sec. 2, 62 Stat. 18.)
References in Text
Act of June 18, 1934, referred to in text, popularly known as the
Indian Reorganization Act, is classified generally to subchapter V
(Sec. 461 et seq.) of chapter 14 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 461 of this title and Tables.
Section 496 of this title, referred to in text, was repealed by Pub.
L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.
Act of June 26, 1936, referred to in text, popularly known as the
Oklahoma Welfare Act, is classified generally to subchapter VIII
(Sec. 501 et seq.) of chapter 14 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 501 of this title and Tables.
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.
Section Referred to in Other Sections
This section is referred to in sections 322, 326, 327, 328, 1724 of
this title; title 43 section 421c.
