Arkansas Legal Resource Navigator

43 U.S.C. § 1767 — Rights-of-way for Federal departments and agencies

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

43 U.S.C. § 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, subject to such terms and conditions as he may impose. **(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 action to terminate, or otherwise limit, that use without the consent of the head of such department or agency.

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1767

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 5cc85aeb3c1b2f656f276ef7dab90d6cd0a7326c602400526afe422ca8f6e223. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_46dd46d363b1f4e348d7dc1a
Source file: Laws/federal/codes/united-states-code/title-43/section-1767-rights-of-way-for-federal-departments-and-agencies--571662e56c.md
Pages: Not recorded – Not recorded
Passage SHA-256: 8b667dcc9e896826d3759f6b861e30e4892a0fa2239dac1d03a30436927c22ed

Source location: Title 43, Chapter 35, § 1767; chapter-035-federal-land-policy-and-management.md

Stored source content

**(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, subject to such terms and conditions as he may impose. **(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 action to terminate, or otherwise limit, that use without the consent of the head of such department or agency.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1763

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

43 U.S.C. § 1732 — Management of use, occupancy, and development of public lands

**(a) Multiple use and sustained yield requirements applicable; exception** The Secretary shall manage the public lands under principles of multiple use and sustained yield, in accordance with the land use plans developed by him under [section 1712 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1712&num=0&edition=prelim) when they are available, except that where a tract of such public land has been dedicated to specific uses according to any other provisions of law it shall be managed in accordance with such law. **(b) Easements, permits, etc., for utilization through habitation, cultivation, and development of small trade or manufacturing concerns; applicable statutory requirements** In managing the public lands, the Secretary shall, subject to this Act and other applicable law and under such terms and conditions as are consistent with such law, regulate, through easements, permits, leases, licenses, published rules, or other instruments as the Secretary deems appropriate, the use, occupancy, and development of the public lands, including, but not limited to, long-term leases to permit individuals to utilize public lands for habitation, cultivation, and the development of small trade or manufacturing concerns: Provided, That unless otherwise provided for by law, the Secretary may permit Federal departments and agencies to use, occupy, and develop public lands only through rights-of-way under [section 1767 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1767&num=0&edition=prelim), withdrawals under [section 1714 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1714&num=0&edition=prelim), and, where the proposed use and development are simila

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1732

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

43 U.S.C. § 1767 — Rights-of-way for Federal departments

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

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1767

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.