---
kind: "range"
citation: "25 U.S.C. §§ 323–328"
title: "25"
from: "323"
to: "328"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/25/323..328"
---

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


The [Secretary](/usc/25/5130.md?p=1) 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](/usc/25/1934.md) or [Indian tribes](/usc/25/81.md?p=a-2), communities, bands, or nations, or any lands now or hereafter owned, subject to restrictions against alienation, by individual [Indians](/usc/25/1934.md) or [Indian tribes](/usc/25/81.md?p=a-2), communities, bands, or nations, including the lands belonging to the Pueblo [Indians](/usc/25/1934.md) in New Mexico, and any other lands heretofore or hereafter acquired or set aside for the use and benefit of the [Indians](/usc/25/1934.md).


# §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](/usc/25/3402.md?p=2-A) organized under the Act of June 18, 1934 (48 Stat. 984), as amended [[25 U.S.C. 5101](/usc/25/5101.md) et seq.]; the Act of May 1, 1936 (49 Stat. 1250); or the Act of June 26, 1936 (49 Stat. 1967), shall be made without the consent of the proper tribal officials. Rights-of-way over and across lands of individual [Indians](/usc/25/1934.md) may be granted without the consent of the individual [Indian](/usc/25/1934.md) 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](/usc/25/5130.md?p=1) 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](/usc/25/5130.md?p=1) 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.


# §325. Payment and disposition of compensation


No grant of a right-of-way shall be made without the payment of such compensation as the [Secretary](/usc/25/5130.md?p=1) of the Interior shall determine to be just. The compensation received on behalf of the [Indian](/usc/25/1934.md) owners shall be disposed of under rules and regulations to be prescribed by the [Secretary](/usc/25/5130.md?p=1) of the Interior.


# §326. Laws unaffected


[Sections 323 to 328](/usc/25/323..328.md) of this title shall not in any manner amend or repeal the provisions of the Federal Water Power Act of June 10, 1920 (41 Stat. 1063), as amended by the Act of August 26, 1935 (49 Stat. 838) [[16 U.S.C. 791a](/usc/16/791a.md) et seq.], nor shall any existing statutory authority empowering the [Secretary](/usc/25/5130.md?p=1) of the Interior to grant rights-of-way over [Indian lands](/usc/25/3653.md?p=3) be repealed.


# §327. Application for grant by department or agency


Rights-of-way for the use of the United States may be granted under [sections 323 to 328](/usc/25/323..328.md) of this title upon application by the department or agency having jurisdiction over the activity for which the right-of-way is to be used.


# §328. Rules and regulations


The [Secretary](/usc/25/5130.md?p=1) of the Interior is authorized to prescribe any necessary regulations for the purpose of administering the provisions of [sections 323 to 328](/usc/25/323..328.md) of this title.