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U.S. Code as of:
01/19/04
Section 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.
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