25 U.S.C. § 313
Width of rights-of-way
Such right of way shall not exceed fifty feet in width on each side of the center line of the road, except where there are heavy cuts and fills, when it shall not exceed one hundred feet in width on each side of the road, and may include grounds adjacent thereto for station buildings, depots, machine shops, sidetracks, turn-outs, and water stations, not to exceed two hundred feet in width by a length of three thousand feet, and not more than one station to be located within any one continuous length of ten miles of road.
Notes of Decisions
Cited in 2
cases, 1973–1983 · leading case: The Wilderness Society v. Rogers C. B. Morton, Secretary of the Interior
The Wilderness Society v. Rogers C. B. Morton, Secretary of the Interior (1973)
“990 , as amended, 25 U.S.C. § 313 (1970) (providing a 50-foot right-of-way for railway, telegraph and telephone lines through Indian reservations, but allowing use of 100 feet *860 “where there are heavy cuts and fills * * * ”) ; Act of March 11, 1904, 33 Stat.”
New Mexico Navajo Ranchers Ass'n v. Interstate Commerce Commission (1983)
“Interior’s disposition of the Navajo parties’ claim that the proposed line violated 25 U.S.C. § 313 (1976) is unclear. Section 313 sets a maximum width of fifty feet on each side of the center line, with certain exceptions.”
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