25 U.S.C. § 322a — Renewal of rights-of-way without consent of Pueblo Tribes; authority of Secretary; compensation, etc.

submitted 98 years ago by Pub. L. 94-416 to r/title-25-INDIANS · 165 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can renew certain old Pueblo rights-of-way. This can happen even without the tribe's consent, for up to ten years. It only applies to rights-of-way from lawsuits or settlements finished before 1975. It also only applies if the owner and tribe can't agree within 90 days. The tribe must be paid fair market value, but this doesn't fix an already-invalid right-of-way.

Despite whatever other rules normally apply, the Secretary of the Interior may grant one renewal — for no more than ten years — of certain existing rights-of-way across Pueblo tribal land, without needing the affected Pueblo Tribe's consent. This only covers rights-of-way that were originally acquired through a lawsuit filed under the Act of May 10, 1926, or through a settlement of such a lawsuit, and only if that happened before January 1, 1975. The Secretary must require the person renewing the right-of-way to pay the Pueblo Tribe the fair market value of the renewal, as the Secretary determines it. The Secretary can only grant this kind of renewal if the right-of-way's current owner and the Pueblo Tribe try and fail to agree on a renewal within 90 days after the renewal is requested. Finally, nothing in this section makes a right-of-way valid if it wasn't already valid — meaning if the Act of May 10, 1926 was itself invalid on the date the right-of-way was first obtained, this section does not fix that problem.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Apr. 21, 1928, ch. 400, § 2, as added Pub. L. 94–416, § 3, Sept. 17, 1976, 90 Stat. 1275.)

history & why it existsrecord from the source credit

1928Enacted · Pub. L. 94-416 · 90 Stat. 1275

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-416 on 1928-04-21.

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