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16 U.S.C. § 5 — Omitted
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, acts Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat. 95; Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793; Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272, which authorized heads of departments to grant easements for rights-of-way on “the public lands, national forests, and reservations of the United States” for electrical power and communications purposes, was omitted because its provisions, as they related to System units, were repealed by Pub. L. 113–287 and because act Mar. 4, 1911, is also classified to [section 961 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section961&num=0&edition=prelim), Public Lands. It was also classified to sections 420 and 523 of this title prior to their omission from the Code.
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Source file: Laws/federal/codes/united-states-code/title-16/section-5-omitted--c1753227d3.md
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Source location: Title 16, Chapter 1, § 5; chapter-001-national-parks-military-parks-monuments-and-seashores.md
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### Statutory Notes
#### Codification
Section, acts Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat. 95; Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793; Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272, which authorized heads of departments to grant easements for rights-of-way on “the public lands, national forests, and reservations of the United States” for electrical power and communications purposes, was omitted because its provisions, as they related to System units, were repealed by Pub. L. 113–287 and because act Mar. 4, 1911, is also classified to [section 961 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section961&num=0&edition=prelim), Public Lands. It was also classified to sections 420 and 523 of this title prior to their omission from the Code.
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Federal law — U.S. Code and appendices · legal_authorities
That the head of the department having jurisdiction over the lands be, and he hereby is, authorized and empowered, under general regulations to be fixed by him, to grant an easement for rights-of-way, for a period not exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands, national forests, and reservations of the United States for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for communication purposes, and for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to the extent of two hundred feet on each side of the center line of such lines and poles and not to exceed four hundred feet by four hundred feet for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to any citizen, association, or corporation of the United States, where it is intended by such to exercise the right-of-way herein granted for any one or more of the purposes herein named: Provided, That such right-of-way shall be allowed within or through any national park, national forest, military, Indian, or any other reservation only upon the approval of the chief officer of the department under whose supervision or control such reservation falls, and upon a finding by him that the same is not incompatible with the public interest: Provided further, That all or any part of such right-of-way may be forfeited and annulled by declaration of the head of the department having jurisdiction over the lands for nonuse for a period of two years or for abandonment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 961
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Public Utilities.—**
(1) **In general.—** — Under regulations the Secretary prescribes, the Secretary may grant a right of way through a System unit to a citizen, association, or corporation of the United States that intends to use the right of way for—
(A) electrical plants, poles, and lines for the generation and distribution of electrical power;
(B) telephone and telegraph purposes; and
(C) canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits and water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses.
(2) **Extent of right of way.—** — A right of way under this subsection shall be for—
(A) the ground occupied by the canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted under paragraph (1); and
(B) not more than 50 feet—
(i) on each side of the marginal limits of the ground; or
(ii) on each side of the center line of the pipes and pipe lines, electrical, telegraph, and telephone lines and poles.
(3) **Approval.—** — A right of way under this subsection shall be allowed within or through a System unit only on the approval of the Secretary and on a finding that the right of way is not incompatible with the public interest.
(4) **Revocation.—** — The Secretary may revoke a right of way under this subsection.
(5) **Right, easement, or interest not conferred.—** — A right of way under this subsection does not confer any right, easement, or interest in, to, or over a System unit.
**(b) Power and Communication Facilities.—**
(1) **In general.—** — Under regulations the Secretary pre
Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 100902
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Federal law — U.S. Code and appendices · legal_authorities
Page 32
TITLE 16—CONSERVATION
§ 2
tional park natural resource protection. Subsecs. (a) to
(c) were repealed and restated in section 101702(d) of
Title 54, National Park Service and Related Programs.
Subsec. (d) authorized appropriations to carry out this
section.
§ 2. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014,
128 Stat. 3272
Section, act Aug. 25, 1916, ch. 408, § 2, 39 Stat. 535; Mar.
4, 1921, ch. 161, § 1, 41 Stat. 1407, related to national
parks, reservations, and monuments; supervision. See
section 100302(a)(3) of Title 54, National Park Service
and Related Programs.
§ 3. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014,
128 Stat. 3272
Section, act Aug. 25, 1916, ch. 408, § 3, 39 Stat. 535;
June 2, 1920, ch. 218, § 5, 41 Stat. 732; Mar. 7, 1928, ch. 137,
§ 1, 45 Stat. 235; Pub. L. 85–434, May 29, 1958, 72 Stat. 152;
Pub. L. 105–391, title IV, § 415(b)(1), Nov. 13, 1998, 112
Stat. 3515, related to rules and regulations of national
parks, reservations, and monuments; timber; leases.
See section 1865(a) of Title 18, Crimes and Criminal
Procedure, and sections 100751(a), 100752, 100753, and
102101 of Title 54, National Park Service and Related
Programs.
§ 3a. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014,
128 Stat. 3272
Section, Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat.
1387, related to recovery of costs associated with spe-
cial use permits. See section 103104 of Title 54, National
Park Service and Related Programs.
§ 3b. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014,
128 Stat. 3272
Section, Pub. L. 87–608, Aug. 24, 1962, 76 Stat. 405, re-
lated to maintenance and repair of Government im-
provements under concession contracts.
Editorial Notes
CODIFICATION
Section was classified to section 303c of former Title
40, prior to the ena
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 5
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