Page:United States Statutes at Large Volume 62 Part 1.djvu/48

 18 PUBLIC LAWS-CILS. 45, 46 -FEB. 5, 1948 [62 STAT. or nations, or any lands now or hereafter owned, subject to restrictions against alienation, by individual Indians or Indian tribes, com- munities, 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. SEC. 2. No grant of a right-of-way over and across any lands belong- 475 U.. C. 461 - ing to a tribe organized under the Act of June 18, 1934 (48 Stat. 984), 25 . . C. §473a; as amended; the Act of May 1, 1936 (49 Stat. 1250); or the Act of 48U. S.C.9358a. 25 U. s. . §9 501- June 26, 1936 (49 Stat. 1967), shall be made without the consent of 509ostup., §, 502. the proper tribal officials. Rights-of-way over and across lands of Grants without individual Indians may be granted without the consent of the indi- vidual 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. Compensation. SEC. 3. No grant of a right-of-way shall be made without the pay- ment of such compensation as the Secretary of the Interior shall determine to be just. The compensation received on behalf of the Indian owners shall be disposed of under rules and regulations to be prescribed by the Secretary of the Interior. SEC. 4. This Act shall not in any manner amend or repeal the provisions of the Federal Water Power Act of June 10, 1920 (41 Stat. 82165r; su.i. § 79 1063), as amended by the Act of August 26, 1935 (49 Stat. 838), nor note. shall any existing statutory authority empowering the Secretary of ,p .275. the Interior to grant rights-of-way over Indian lands be repealed hereby. Rights-of-wayfor SEC. 5. Rights-of-way for the use of the United States may be granted under this Act upon application by the department or agency having jurisdiction over the activity for which the right-of-way is to be used. Reg nl ations. SEC. 6. The Secretary of the Interior is hereby authorized to pre- scribe any necessary regulations for the purpose of administering the provisions of this Act. ective date. SEC. 7. This Act shall not become operative until thirty days after its approval. Approved February 5, 1948. [CHAPTER 46] February, 1948 AN ACT [H. R. 3326] To provide for the granting of certificates of competency to certain members of [Public Law 408] the Osage Indian Tribe in Oklahoma, and for other purposes. Be it enacted by the Senate and House of Representatives of the Osage Idian Tribe. United States of America in Congress assembled, That the Secretary Certificates of com- petency. of the Interior shall issue a certificate of competency to each member of the Osage Tribe of less than one-half Indian blood heretofore or hereafter attaining the age of twenty-one years; and shall thereupon pay and deliver to such member, or to his legal guardian if such member has been declared incompetent by a court of competent juris- diction, all money, property, and funds theretofore accrued or here-

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