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43 U.S.C. § 1765 — Terms and conditions
Federal law — U.S. Code and appendices · legal_authorities
Each right-of-way shall contain—
**(a)** terms and conditions which will (i) carry out the purposes of this Act and rules and regulations issued thereunder; (ii) minimize damage to scenic and esthetic values and fish and wildlife habitat and otherwise protect the environment; (iii) require compliance with applicable air and water quality standards established by or pursuant to applicable Federal or State law; and (iv) require compliance with State standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance of or for rights-of-way for similar purposes if those standards are more stringent than applicable Federal standards; and
**(b)** such terms and conditions as the Secretary concerned deems necessary to (i) protect Federal property and economic interests; (ii) manage efficiently the lands which are subject to the right-of-way or adjacent thereto and protect the other lawful users of the lands adjacent to or traversed by such right-of-way; (iii) protect lives and property; (iv) protect the interests of individuals living in the general area traversed by the right-of-way who rely on the fish, wildlife, and other biotic resources of the area for subsistence purposes; (v) require location of the right-of-way along a route that will cause least damage to the environment, taking into consideration feasibility and other relevant factors; and (vi) otherwise protect the public interest in the lands traversed by the right-of-way or adjacent thereto.
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Stable record: federal_law:legal_authorities:record_usc_640d8cf9e2808b6fd98a8844
Source file: Laws/federal/codes/united-states-code/title-43/section-1765-terms-and-conditions--6cf5c5aa9b.md
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Source location: Title 43, Chapter 35, § 1765; chapter-035-federal-land-policy-and-management.md
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Each right-of-way shall contain—
**(a)** terms and conditions which will (i) carry out the purposes of this Act and rules and regulations issued thereunder; (ii) minimize damage to scenic and esthetic values and fish and wildlife habitat and otherwise protect the environment; (iii) require compliance with applicable air and water quality standards established by or pursuant to applicable Federal or State law; and (iv) require compliance with State standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance of or for rights-of-way for similar purposes if those standards are more stringent than applicable Federal standards; and
**(b)** such terms and conditions as the Secretary concerned deems necessary to (i) protect Federal property and economic interests; (ii) manage efficiently the lands which are subject to the right-of-way or adjacent thereto and protect the other lawful users of the lands adjacent to or traversed by such right-of-way; (iii) protect lives and property; (iv) protect the interests of individuals living in the general area traversed by the right-of-way who rely on the fish, wildlife, and other biotic resources of the area for subsistence purposes; (v) require location of the right-of-way along a route that will cause least damage to the environment, taking into consideration feasibility and other relevant factors; and (vi) otherwise protect the public interest in the lands traversed by the right-of-way or adjacent thereto.
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Federal law — U.S. Code and appendices · legal_authorities
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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Acquisitions**
(1) The Secretary is authorized to acquire lands and interests therein within the boundaries of the conservation area by donation, purchase with donated or appropriated funds, exchange, or transfer from another Federal agency, except that such lands or interests owned by the State of Idaho or a political subdivision thereof may be acquired only by donation or exchange.
(2) Any lands located within the boundaries of the conservation area that are acquired by the United States on or after August 4, 1993, shall become a part of the conservation area and shall be subject to this subchapter.
**(b) Purchase of lands** In addition to the authority in [section 1748(d) of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1748/d&num=0&edition=prelim) and notwithstanding [section 200306(a) of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section200306/a&num=0&edition=prelim), monies appropriated from the Land and Water Conservation Fund may be used as authorized in [section 1534(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1534/b&num=0&edition=prelim), for the purposes of acquiring lands or interests therein within the conservation area for administration as public lands as a part of the conservation area.
**(c) Land exchanges** The Secretary shall, within 4 years after August 4, 1993, study, identify, and initiate voluntary land exchanges which would resolve ownership related land use conflicts within the conservation area.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460iii–4
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1764
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Federal law — U.S. Code and appendices · legal_authorities
Page 578
TITLE 43—PUBLIC LANDS
§ 1765
1 So in original.
which is classified generally to chapter 31 (§ 901 et seq.)
of Title 7, Agriculture. For complete classification of
this Act to the Code, see section 901 of Title 7 and Ta-
bles.
AMENDMENTS
1996—Subsec. (g). Pub. L. 104–333 substituted ‘‘eligible
for financing pursuant to the Rural Electrification Act
of 1936, as amended, determined without regard to any
application requirement under that Act,’’ for ‘‘financed
pursuant to the Rural Electrification Act of 1936, as
amended,’’.
1986—Subsec. (f). Pub. L. 99–545, § 2(1), inserted before
the period at end ‘‘or for emergency repair work nec-
essary for those rights-of-way authorized under section
1761(c) of this title’’.
Subsec. (g). Pub. L. 99–545, § 2(2), substituted ‘‘The
holder of a right-of-way shall pay in advance the fair
market value thereof, as determined by the Secretary
granting, issuing, or renewing such right-of-way. The
Secretary concerned may require either annual pay-
ment or a payment covering more than one year at a
time except that private individuals may make at their
option either annual payments or payments covering
more than one year if the annual fee is greater than
one hundred dollars. The Secretary concerned may
waive rentals where a right-of-way is granted, issued or
renewed in consideration of a right-of-way conveyed to
the United States in connection with a cooperative cost
share program between the United States and the hold-
er.’’ for ‘‘The holder of a right-of-way shall pay annu-
ally in advance the fair market value thereof as deter-
mined by the Secretary granting, issuing, or renewing
such right-of-way: Provided, That when the annual
rental is less than $100, the Secretary concerned may
require advance paymen
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1765
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