25 U.S.C. § 311
Opening highways
The Secretary of the Interior is authorized to grant permission, upon compliance with such requirements as he may deem necessary, to the proper State or local authorities for the opening and establishment of public highways, in accordance with the laws of the State or Territory in which the lands are situated, through any Indian reservation or through any lands which have been allotted in severalty to any individual Indian under any laws or treaties but which have not been conveyed to the allottee with full power of alienation.
Notes of Decisions
Cited in 45
cases (4 in the last 5 years), 1937–2025 · leading case: Cathy Covington v. Dep't of the Interior, 2023 MSPB 5 (MSPB 2023).
Cathy Covington v. Dep't of the Interior, 2023 MSPB 5 (MSPB 2023). “, 25 U.S.C. §§ 311 , 323-35; 25 C.F.R. §§ 169.”
United States v. Mary Mae Harvey, United States of Am. v. Wallace Chase, 701 F.2d 800 (9th Cir. 1983). “It also relied on 25 U.S.C. § 311 which permits the Secretary of the Interior to grant the states right-of-ways through reservations “in accordance with the laws of the state.”
United States v. State of Minnesota, 113 F.2d 770 (8th Cir. 1940). “§ 357, maintain this proceeding to condemn an easement' over the allotted land for the establishment of a public highway, without having first secured from the Secretary of the Interior permission for the opening and establishment of such public highway through allotted Indian…”
Mary Jane WILSON, Plaintiff-Appellee, v. Thomas David MARCHINGTON; Inland Empire Shows, Inc., Defendants-Appellants, 127 F.3d 805 (9th Cir. 1997). “to the proper State or local authorities for the opening and establishment of public highways in accordance with the laws of the State or territory in which the lands are situated, through any Indian reservation or through any lands which have been allotted in sev-eralty to any…”
Nebraska Pub. Power Dist. v. 100.95 Acres of Land, 540 F. Supp. 592 (D. Neb. 1982). “§ 357 , possessed the authority to condemn an easement over allotted land for the establishment of a public highway, without having first secured from the Secretary permission pursuant to 25 U.S.C.A. § 311 for the opening of such public highway through the allotted lands in…”
State Ex Rel. Peterson v. Dist. Court of the Ninth Jud. Dist., 617 P.2d 1056 (Wyo. 1980). “1084 )" (codified into 25 U.S.C. § 311 ). Such Act reads in pertinent part: "That the Secretary of the Interior is hereby authorized to grant permission, upon compliance with such requirements as he may deem necessary, to the proper State or local authorities for the opening and…”
Calhoon v. Sell, 71 F. Supp. 2d 990 (D.S.D. 1998). “Strangely enough, the United States does not oppose this attempt and joins in the request to take and use certain trust land, namely that trust land that borders section lines, although no compensation was ever paid for such takings and use, although proper procedures were not…”
Plains Elec. Generation & Transmission Coop., Inc. v. Pueblo of Laguna & United States of Am., 542 F.2d 1375 (10th Cir. 1976). “1084 , now 25 U.S.C. § 311 (highways). These statutes, however, applied to “Indian reservations” and lands similarly held for the benefit of the Indians.”
Transok Pipeline Co., an Oklahoma Corp. v. Maxwell Darks, Marvin Olivo, Agnes Lucas Now Wesley, 565 F.2d 1150 (10th Cir. 1977). “Similarly, the consent of the Secretary is required in order for a state to acquire the rights of way across allotted lands under 25 U.S.C. §§ 311 , 312, 319, 321, 323, but § 357 does not impose such a requirement.”
United States v. Gates of the Mountains Lakeshore Homes, Inc., & Mountain States Tel. & Tel. Co., Defendants-Intervenors-Appellees, 732 F.2d 1411 (9th Cir. 1984). “The Supreme Court held in favor of the company, finding that the scope of the right of way was to be determined by state law — in this case, the law of Oklahoma — and that Oklahoma law permitted use of a highway right of way for transmission of electric power.”
Wisconsin Winnebago Bus. Comm., Cross-Appellant v. John P. Koberstein & Ho-Chunk Mgmt. Corp., Cross-Appellees, 762 F.2d 613 (7th Cir. 1985). “…affirmed by the Interior Department’s Deputy Assistant Secretary-Indian Affairs on September 11, 1984. 5 . See, e.g., 25 U.S.C. § 311 (public highways); §§ 312-318 (railroad, telegraph, telephone line rights-of-way, and town site stations); § 319 (telephone and telegraph…”
State v. Lemieux, 317 N.W.2d 166 (Wis. Ct. App. 1982). “The court concluded that the statute could not be enforced against tribal members because its enforcement would infringe upon the hunting rights granted to the Bad River Band by treaty in 1854.”
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