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16 U.S.C. § 3167 — Rights-of-way terms and conditions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Terms and conditions** The Secretary, or the Secretary of Agriculture where national forest wilderness is involved, shall include in any right-of-way issued pursuant to an application under this subchapter, terms and conditions which shall include, but not be limited to—
(1) requirements to insure that, to the maximum extent feasible, the right-of-way is used in a manner compatible with the purposes for which the affected conservation system unit, national recreation area, or national conservation area was established or is managed;
(2) requirements for restoration, revegetation, and curtailment of erosion of the surface of the land;
(3) requirements to insure that activities in connection with the right-of-way will not violate applicable air and water quality standards and related facility siting standards established pursuant to law;
(4) requirements, including the minimum necessary width, designed to control or prevent—
(A) damage to the environment (including damage to fish and wildlife habitat),
(B) damage to public or private property, and
(C) hazards to public health and safety;
(5) requirements to protect the interests of individuals living in the general area of the right-of-way who rely on the fish, wildlife, and biotic resources of the area for subsistence purposes; and
(6) requirements to employ measures to avoid or minimize adverse environmental, social or economic impacts.
**(b) Wild and Scenic Rivers System** Any transportation or utility system approved pursuant to this subchapter which occupies, uses, or traverses any area within the boundaries of a unit of the National Wild and Scenic Rivers System shall be subject to such conditions as may be necessary to assure that the stream flow of, and transportation on, such river are not i
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Source file: Laws/federal/codes/united-states-code/title-16/section-3167-rights-of-way-terms-and-conditions--7fb456f21e.md
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Source location: Title 16, Chapter 51, § 3167; chapter-051-alaska-national-interest-lands-conservation.md
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**(a) Terms and conditions** The Secretary, or the Secretary of Agriculture where national forest wilderness is involved, shall include in any right-of-way issued pursuant to an application under this subchapter, terms and conditions which shall include, but not be limited to—
(1) requirements to insure that, to the maximum extent feasible, the right-of-way is used in a manner compatible with the purposes for which the affected conservation system unit, national recreation area, or national conservation area was established or is managed;
(2) requirements for restoration, revegetation, and curtailment of erosion of the surface of the land;
(3) requirements to insure that activities in connection with the right-of-way will not violate applicable air and water quality standards and related facility siting standards established pursuant to law;
(4) requirements, including the minimum necessary width, designed to control or prevent—
(A) damage to the environment (including damage to fish and wildlife habitat),
(B) damage to public or private property, and
(C) hazards to public health and safety;
(5) requirements to protect the interests of individuals living in the general area of the right-of-way who rely on the fish, wildlife, and biotic resources of the area for subsistence purposes; and
(6) requirements to employ measures to avoid or minimize adverse environmental, social or economic impacts.
**(b) Wild and Scenic Rivers System** Any transportation or utility system approved pursuant to this subchapter which occupies, uses, or traverses any area within the boundaries of a unit of the National Wild and Scenic Rivers System shall be subject to such conditions as may be necessary to assure that the stream flow of, and transportation on, such river are not interfered with or impeded, and that the transportation or utility system is located and constructed in an environmentally sound manner.
**(c) Pipeline rights-of-way** In the case of a pipeline described in [section 185(a) of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section185/a&num=0&edition=prelim), a right-of-way issued pursuant to this subchapter shall be issued in the same manner as a right-of-way is granted under [section 185 of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section185&num=0&edition=prelim), and the provisions of subsections (c) through (j), (l) through (q), and (u) through (y) of [section 185 of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section185&num=0&edition=prelim) shall apply to rights-of-way issued pursuant to this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 185
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Federal law — U.S. Code and appendices · legal_authorities
The following areas are hereby established as units of the National Park System and shall be administered by the Secretary under the laws governing the administration of such lands and under the provisions of this Act:
(1) Aniakchak National Monument, containing approximately one hundred and thirty-eight thousand acres of public lands, and Aniakchak National Preserve, containing approximately three hundred and seventy-six thousand acres of public lands, as generally depicted on map numbered ANIA–90,005, and dated October 1978. The monument and preserve shall be managed for the following purposes, among others: To maintain the caldera and its associated volcanic features and landscape, including the Aniakchak River and other lakes and streams, in their natural state; to study, interpret, and assure continuation of the natural process of biological succession; to protect habitat for, and populations of, fish and wildlife, including, but not limited to, brown/grizzly bears, moose, caribou, sea lions, seals, and other marine mammals, geese, swans, and other waterfowl and in a manner consistent with the foregoing, to interpret geological and biological processes for visitors. Subsistence uses by local residents shall be permitted in the monument where such uses are traditional in accordance with the provisions of subchapter II of chapter 51 of this title.
(2) Bering Land Bridge National Preserve, containing approximately two million four hundred and fifty-seven thousand acres of public land, as generally depicted on map numbered BELA–90,005, and dated October 1978. The preserve shall be managed for the following purposes, among others: To protect and interpret examples of arctic plant communities, volcanic lava flows, ash explosions, coastal formations, and other geologic
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 410hh
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Federal law — U.S. Code and appendices · legal_authorities
Page 2254
TITLE 16—CONSERVATION
§ 3167
the House of Representatives and Senate ap-
prove the application for
under title
XI of the Alaska National Interest Lands Con-
servation Act submitted by the President to the
Congress on
, 19
.’’; the first blank
space therein to be filled in with the appropriate
transportation or utility system and the second
blank therein to be filled with the date on which
the President submits the application to the
House of Representatives and the Senate.
(5) Except as otherwise provided in this sub-
section, the provisions of section 719f(d) of title
15 shall apply to the consideration of the resolu-
tion.
(6) After an application for a transportation or
utility system has been approved under sub-
section (a), the appropriate Federal agencies
shall issue appropriate authorizations in accord-
ance with applicable law. In any case in which
an application for a transportation or utility
system has been approved pursuant to sub-
section (b), the appropriate Federal agencies
shall issue appropriate authorizations in accord-
ance with title V of the Federal Lands Policy
Management Act [43 U.S.C. 1761 et seq.] or other
applicable law. After issuance pursuant to this
subsection, the appropriate land managing agen-
cy shall administer the right-of-way in accord-
ance with relevant management authorities of
the land managing agency and title V of the
Federal Lands Policy Management Act.
(Pub. L. 96–487, title XI, § 1106, Dec. 2, 1980, 94
Stat. 2461.)
Editorial Notes
REFERENCES IN TEXT
The Alaska National Interest Lands Conservation
Act, referred to in subsec. (c)(4), is Pub. L. 96–487, Dec.
2, 1980, 94 Stat. 2371. Title XI of the Alaska National In-
terest Lands Conservation Act is classified generally to
this subchapter. Fo
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