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42 U.S.C. § 15926 — Fair market value determinations for linear rights-of-way across public lands and national forests

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15926 — Fair market value determinations for linear rights-of-way across public lands and national forests

**(a) Update of fee schedule** Not later than 1 year after August 8, 2005— (1) the Secretary of the Interior shall update section 2806.20 of title 43, Code of Federal Regulations, as in effect on August 8, 2005, to revise the per acre rental fee zone value schedule by State, county, and type of linear right-of-way use to reflect current values of land in each zone; and (2) the Secretary of Agriculture shall make the same revision for linear rights-of-way granted, issued, or renewed under title V of the Federal Lands Policy and Management Act of 1976 ([43 U.S.C. 1761](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1761&num=0&edition=prelim) et seq.) on National Forest System land. **(b) Fair market value rental determination for linear rights-of-way** The fair market value rent of a linear right-of-way across public lands or National Forest System lands issued under section 504 of the Federal Land Policy and Management Act of 1976 ([43 U.S.C. 1764](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1764&num=0&edition=prelim)) or [section 185 of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section185&num=0&edition=prelim) shall be determined in accordance with subpart 2806 of title 43, Code of Federal Regulations, as in effect on August 8, 2005 (including the annual or periodic updates specified in the regulations), and as updated in accordance with subsection (a).

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Source file: Laws/federal/codes/united-states-code/title-42/section-15926-fair-market-value-determinations-for-linear-rights-of-way-across-public--d27140034b.md
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Source location: Title 42, Chapter 149, § 15926; chapter-149-national-energy-policy-and-programs.md

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1701 — Congressional declaration of policy

**(a)** The Congress declares that it is the policy of the United States that— (1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest; (2) the national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other Federal and State planning efforts; (3) public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before October 21, 1976, be reviewed in accordance with the provisions of this Act; (4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands for specified purposes and that Congress delineate the extent to which the Executive may withdraw lands without legislative action; (5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be required to establish comprehensive rules and regulations after considering the views of the general public; and to structure adjudication procedures to assure adequate third party participation, objective administrative review of initial decisions, and expeditious decisionmaking; (6) judicial review of public land adjudication decisions be provided by law; (7) goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis of multiple use and sustained yield unless otherwise specified by law; (8) the public lands be managed in a manner t

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 185 — Rights-of-way for pipelines through Federal lands

**(a) Grant of authority** Rights-of-way through any Federal lands may be granted by the Secretary of the Interior or appropriate agency head for pipeline purposes for the transportation of oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom to any applicant possessing the qualifications provided in [section 181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section181&num=0&edition=prelim) in accordance with the provisions of this section. **(b) Definitions** (1) For the purposes of this section “Federal lands” means all lands owned by the United States except lands in the National Park System, lands held in trust for an Indian or Indian tribe, and lands on the Outer Continental Shelf. A right-of-way through a Federal reservation shall not be granted if the Secretary or agency head determines that it would be inconsistent with the purposes of the reservation. (2) “Secretary” means the Secretary of the Interior. (3) “Agency head” means the head of any Federal department or independent Federal office or agency, other than the Secretary of the Interior, which has jurisdiction over Federal lands. **(c) Inter-agency coordination** (1) Where the surface of all of the Federal lands involved in a proposed right-of-way or permit is under the jurisdiction of one Federal agency, the agency head, rather than the Secretary, is authorized to grant or renew the right-of-way or permit for the purposes set forth in this section. (2) Where the surface of the Federal lands involved is administered by the Secretary or by two or more Federal agencies, the Secretary is authorized, after consultation with the agencies involved, to grant or renew rights-of-way or permits through the Federal lands involved.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1761 — Grant, issue, or renewal of rights-of-way

**(a) Authorized purposes** The Secretary, with respect to the public lands (including public lands, as defined in [section 1702(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1702/e&num=0&edition=prelim), which are reserved from entry pursuant to section 24 of the Federal Power Act ([16 U.S.C. 818](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section818&num=0&edition=prelim))) and, the Secretary of Agriculture, with respect to lands within the National Forest System (except in each case land designated as wilderness), are authorized to grant, issue, or renew rights-of-way over, upon, under, or through such lands for— (1) reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other facilities and systems for the impoundment, storage, transportation, or distribution of water; (2) pipelines and other systems for the transportation or distribution of liquids and gases, other than water and other than oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom, and for storage and terminal facilities in connection therewith; (3) pipelines, slurry and emulsion systems, and conveyor belts for transportation and distribution of solid materials, and facilities for the storage of such materials in connection therewith; (4) systems for generation, transmission, and distribution of electric energy, except that the applicant shall also comply with all applicable requirements of the Federal Energy Regulatory Commission under the Federal Power Act, including part 1 11 So in original. Probably should be part “I”. thereof (41 Stat. 1063, [16 U.S.C. 791a–825r](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a–825r&num=0&editi

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1764 — General requirements

**(a) Boundary specifications; criteria; temporary use of additional lands** The Secretary concerned shall specify the boundaries of each right-of-way as precisely as is practical. Each right-of-way shall be limited to the ground which the Secretary concerned determines (1) will be occupied by facilities which constitute the project for which the right-of-way is granted, issued, or renewed, (2) to be necessary for the operation or maintenance of the project, (3) to be necessary to protect the public safety, and (4) will do no unnecessary damage to the environment. The Secretary concerned may authorize the temporary use of such additional lands as he determines to be reasonably necessary for the construction, operation, maintenance, or termination of the project or a portion thereof, or for access thereto. **(b) Terms and conditions of right-of-way or permit** Each right-of-way or permit granted, issued, or renewed pursuant to this section shall be limited to a reasonable term in light of all circumstances concerning the project. In determining the duration of a right-of-way the Secretary concerned shall, among other things, take into consideration the cost of the facility, its useful life, and any public purpose it serves. The right-of-way shall specify whether it is or is not renewable and the terms and conditions applicable to the renewal. **(c) Applicability of regulations or stipulations** Rights-of-way shall be granted, issued, or renewed pursuant to this subchapter under such regulations or stipulations, consistent with the provisions of this subchapter or any other applicable law, and shall also be subject to such terms and conditions as the Secretary concerned may prescribe regarding extent, duration, survey, location, construction, maintenance, transfer or as

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15927 — Energy right-of-way corridors on Federal land

**(a) Western States** Not later than 2 years after August 8, 2005, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, and the Secretary of the Interior (in this section referred to collectively as “the Secretaries”), in consultation with the Federal Energy Regulatory Commission, States, tribal or local units of governments as appropriate, affected utility industries, and other interested persons, shall consult with each other and shall— (1) designate, under their respective authorities, corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land in the eleven contiguous Western States (as defined in section 1702(o) of title 43; 11 So in original. A closing parenthesis probably should follow “title 43”. (2) perform any environmental reviews that may be required to complete the designation of such corridors; and (3) incorporate the designated corridors into the relevant agency land use and resource management plans or equivalent plans. **(b) Other States** Not later than 4 years after August 8, 2005, the Secretaries, in consultation with the Federal Energy Regulatory Commission, affected utility industries, and other interested persons, shall jointly— (1) identify corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land in States other than those described in subsection (a); and (2) schedule prompt action to identify, designate, and incorporate the corridors into the applicable land use plans. **(c) Ongoing responsibilities** The Secretaries, in consultation with the Federal Energy Regulatory Commission, affected utility industries, and other interested parties, shall establish procedure

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15926 — Energy right-of-way corridors on Federal

Page 8743 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15926 1 So in original. A closing parenthesis probably should follow ‘‘title 43’’. period in which the Project is authorized, the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing drilling-related permit applications and use authorizations.’’ Pub. L. 113–291, § 3021(a)(2), substituted ‘‘Project’’ for ‘‘Pilot Project’’. Subsec. (j)(2). Pub. L. 113–291, § 3021(a)(2), substituted ‘‘Project’’ for ‘‘Pilot Project’’. 2013—Subsec. (d). Pub. L. 113–69 added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: ‘‘The following Bureau of Land Man- agement Field Offices shall serve as the Pilot Project offices: ‘‘(1) Rawlins, Wyoming. ‘‘(2) Buffalo, Wyoming. ‘‘(3) Miles City, Montana. ‘‘(4) Farmington, New Mexico. ‘‘(5) Carlsbad, New Mexico. ‘‘(6) Grand Junction/Glenwood Springs, Colorado. ‘‘(7) Vernal, Utah.’’ § 15925. Fair market value determinations for lin- ear rights-of-way across public lands and na- tional forests (a) Update of fee schedule Not later than 1 year after August 8, 2005— (1) the Secretary of the Interior shall update section 2806.20 of title 43, Code of Federal Reg- ulations, as in effect on August 8, 2005, to re- vise the per acre rental fee zone value schedule by State, county, and type of linear right-of- way use to reflect current values of land in each zone; and (2) the Secretary of Agriculture shall make the same revision for linear rights-of-way granted, issued, or renewed under title V of the Federal Lands Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) on National Forest System land. (b) Fair market value rental determination for linear rights-o

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15926

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1761 — Grant, issue, or renewal of rights-of-way

Page 571 TITLE 43—PUBLIC LANDS § 1761 1 So in original. Probably should be part ‘‘I’’. 2 So in original. The period preceding the semicolon probably should not appear. 3 So in original. Probably should be ‘‘right-of-way’’. Subsec. (e). Pub. L. 95–514, § 8(b), substituted intro- ductory word ‘‘In’’ for ‘‘Prior to October 1, 1988, or thereafter, in’’. Statutory Notes and Related Subsidiaries GRAZING PERMIT RENEWALS Pub. L. 108–108, title III, § 325, Nov. 10, 2003, 117 Stat. 1308, provided in part: ‘‘That beginning in November 2004, and every year thereafter, the Secretaries of the Interior and Agriculture shall report to Congress the extent to which they are completing analysis required under applicable laws prior to the expiration of grazing permits, and beginning in May 2004, and every two years thereafter, the Secretaries shall provide Congress recommendations for legislative provisions necessary to ensure all permit renewals are completed in a timely manner. The legislative recommendations provided shall be consistent with the funding levels requested in the Secretaries’ budget proposals’’. APPEALS OF REDUCTIONS IN GRAZING ALLOTMENTS ON PUBLIC RANGELAND; TIME; EFFECTIVE DATE OF RE- DUCTIONS; SUSPENSION PENDING FINAL ACTION ON AP- PEAL Provisions requiring appeals of reductions in grazing allotments on public rangelands to be taken within a certain time period; providing that reductions of up to 10 per centum in grazing allotments are effective when so designated by the Secretary; suspending proposed re- ductions in excess of 10 per centum pending final action on appeals; and requiring final action on appeals to be completed within 2 years of filing of the appeal were contained in the following appropriation acts: Pub. L. 102–381, title I,

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1761

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1764 — General requirements

Page 576 TITLE 43—PUBLIC LANDS § 1763 (d) Fund for user fees for delayed payment to grantor Whenever the agreement under which the United States has obtained for the use of, or in connection with, the public lands a right-of-way or easement for a road or an existing road or the right to use an existing road provides for de- layed payments to the Government’s grantor, any fees or other collections received by the Secretary for the use of the road may be placed in a fund to be available for making payments to the grantor. (Pub. L. 94–579, title V, § 502, Oct. 21, 1976, 90 Stat. 2777.) § 1763. Right-of-way corridors; criteria and pro- cedures applicable for designation In order to minimize adverse environmental impacts and the proliferation of separate rights- of-way, the utilization of rights-of-way in com- mon shall be required to the extent practical, and each right-of-way or permit shall reserve to the Secretary concerned the right to grant addi- tional rights-of-way or permits for compatible uses on or adjacent to rights-of-way granted pursuant to this Act. In designating right-of- way corridors and in determining whether to re- quire that rights-of-way be confined to them, the Secretary concerned shall take into consid- eration national and State land use policies, en- vironmental quality, economic efficiency, na- tional security, safety, and good engineering and technological practices. The Secretary con- cerned shall issue regulations containing the criteria and procedures he will use in desig- nating such corridors. Any existing transpor- tation and utility corridors may be designated as transportation and utility corridors pursuant to this subsection without further review. (Pub. L. 94–579, title V, § 503, Oct. 21, 1976, 90 Stat. 2778.)

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