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43 U.S.C. § 1769 — Existing right-of-way or right-of-use unaffected; exceptions; rights-of-way for railroad and appurtenant communication facilities; applicability of existing terms and conditions

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

43 U.S.C. § 1769 — Existing right-of-way or right-of-use unaffected; exceptions; rights-of-way for railroad and appurtenant communication facilities; applicability of existing terms and conditions

**(a)** Nothing in this subchapter shall have the effect of terminating any right-of-way or right-of-use heretofore issued, granted, or permitted. However, with the consent of the holder thereof, the Secretary concerned may cancel such a right-of-way or right-of-use and in its stead issue a right-of-way pursuant to the provisions of this subchapter. **(b)** When the Secretary concerned issues a right-of-way under this subchapter for a railroad and appurtenant communication facilities in connection with a realinement of a railroad on lands under his jurisdiction by virtue of a right-of-way granted by the United States, he may, when he considers it to be in the public interest and the lands involved are not within an incorporated community and are of approximately equal value, notwithstanding the provisions of this subchapter, provide in the new right-of-way the same terms and conditions as applied to the portion of the existing right-of-way relinquished to the United States with respect to the payment of annual rental, duration of the right-of-way, and the nature of the interest in lands granted. The Secretary concerned or his delegate shall take final action upon all applications for the grant, issue, or renewal of rights-of-way under subsection (b) of this section no later than six months after receipt from the applicant of all information required from the applicant by this subchapter.

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Stable record: federal_law:legal_authorities:record_usc_33b20f02ea8555ef8e9dd75d
Source file: Laws/federal/codes/united-states-code/title-43/section-1769-existing-right-of-way-or-right-of-use-unaffected-exceptions-rights-of-wa--1d9311f3b0.md
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Source location: Title 43, Chapter 35, § 1769; chapter-035-federal-land-policy-and-management.md

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**(a)** Nothing in this subchapter shall have the effect of terminating any right-of-way or right-of-use heretofore issued, granted, or permitted. However, with the consent of the holder thereof, the Secretary concerned may cancel such a right-of-way or right-of-use and in its stead issue a right-of-way pursuant to the provisions of this subchapter. **(b)** When the Secretary concerned issues a right-of-way under this subchapter for a railroad and appurtenant communication facilities in connection with a realinement of a railroad on lands under his jurisdiction by virtue of a right-of-way granted by the United States, he may, when he considers it to be in the public interest and the lands involved are not within an incorporated community and are of approximately equal value, notwithstanding the provisions of this subchapter, provide in the new right-of-way the same terms and conditions as applied to the portion of the existing right-of-way relinquished to the United States with respect to the payment of annual rental, duration of the right-of-way, and the nature of the interest in lands granted. The Secretary concerned or his delegate shall take final action upon all applications for the grant, issue, or renewal of rights-of-way under subsection (b) of this section no later than six months after receipt from the applicant of all information required from the applicant by this subchapter.

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

43 U.S.C. § 1763 — Right-of-way corridors; criteria and procedures 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 common shall be required to the extent practical, and each right-of-way or permit shall reserve to the Secretary concerned the right to grant additional 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 require that rights-of-way be confined to them, the Secretary concerned shall take into consideration national and State land use policies, environmental quality, economic efficiency, national security, safety, and good engineering and technological practices. The Secretary concerned shall issue regulations containing the criteria and procedures he will use in designating such corridors. Any existing transportation and utility corridors may be designated as transportation and utility corridors pursuant to this subsection without further review.

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

43 U.S.C. § 1769 — Existing right-of-way or right-of-use unaf-

Page 579 TITLE 43—PUBLIC LANDS § 1770 tion and shall give the holder a reasonable time to resume use of the right-of-way or to comply with this subchapter condition, rule, or regula- tion as the case may be. Failure of the holder of the right-of-way to use the right-of-way for the purpose for which it was granted, issued, or re- newed, for any continuous five-year period, shall constitute a rebuttable presumption of abandon- ment of the right-of-way except that where the failure of the holder to use the right-of-way for the purpose for which it was granted, issued, or renewed for any continuous five-year period is due to circumstances not within the holder’s control, the Secretary concerned is not required to commence proceedings to suspend or termi- nate the right-of-way. (Pub. L. 94–579, title V, § 506, Oct. 21, 1976, 90 Stat. 2780.) Executive Documents TRANSFER OF FUNCTIONS See note set out under section 1763 of this title. § 1767. Rights-of-way for Federal departments and agencies (a) The Secretary concerned may provide under applicable provisions of this subchapter for the use of any department or agency of the United States a right-of-way over, upon, under or through the land administered by him, sub- ject to such terms and conditions as he may im- pose. (b) Where a right-of-way has been reserved for the use of any department or agency of the United States, the Secretary shall take no ac- tion to terminate, or otherwise limit, that use without the consent of the head of such depart- ment or agency. (Pub. L. 94–579, title V, § 507, Oct. 21, 1976, 90 Stat. 2781.) Executive Documents TRANSFER OF FUNCTIONS See note set out under section 1763 of this title. § 1768. Conveyance of lands covered by right-of- way; terms and conditions If und

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