§ 322a TITLE 25—INDIANS Page 64

whether owned by the Pueblo Indians or held in

trust or set aside for their use and occupancy by

Executive order or otherwise, under such rules,

regulations, and conditions as the Secretary of

the Interior may prescribe.

(Apr. 21, 1928, ch. 400, §1, 45 Stat. 442; Pub. L.

94–416, §3, Sept. 17, 1976, 90 Stat. 1275.)

AMENDMENTS

1976—Pub. L. 94–416 inserted reference to sections 323

to 328 and 357 of this title with respect to the enumeration of statutes, struck out reference to section 935 of

title 43 with respect to the enumeration of statutes,

and inserted ‘‘whether owned by the Pueblo Indians or

held in trust or set aside for their use and occupancy by

Executive order or otherwise,’’ after ‘‘New Mexico and

their lands’’.

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, §§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.

§ 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 rightof-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 rightof-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, §2, as added Pub. L. 94–416,

§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, §§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.

§ 323. Rights-of-way for all purposes across any

Indian lands

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.

(Feb. 5, 1948, ch. 45, §1, 62 Stat. 17.)

EFFECTIVE DATE

Section 7 of act Feb. 5, 1948, provided that sections 323

to 328 should not become operative until 30 days after

Feb. 5, 1948.

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, §§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.

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.