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43 U.S.C. § 1771 — Coordination of applications
Federal law — U.S. Code and appendices · legal_authorities
Applicants before Federal departments and agencies other than the Department of the Interior or Agriculture seeking a license, certificate, or other authority for a project which involve a right-of-way over, upon, under, or through public land or National Forest System lands must simultaneously apply to the Secretary concerned for the appropriate authority to use public lands or National Forest System lands and submit to the Secretary concerned all information furnished to the other Federal department or agency.
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Source location: Title 43, Chapter 35, § 1771; chapter-035-federal-land-policy-and-management.md
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Applicants before Federal departments and agencies other than the Department of the Interior or Agriculture seeking a license, certificate, or other authority for a project which involve a right-of-way over, upon, under, or through public land or National Forest System lands must simultaneously apply to the Secretary concerned for the appropriate authority to use public lands or National Forest System lands and submit to the Secretary concerned all information furnished to the other Federal department or agency.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 580
TITLE 43—PUBLIC LANDS
§ 1771
1 So in original. Probably should be followed by ‘‘209’’.
1 So in original. Probably should be ‘‘management,’’.
of conflict with, or inconsistency between, this
subchapter and sections 532 to 538 of title 16, the
latter shall prevail: Provided further, That noth-
ing in this Act should be construed as making it
mandatory that, with respect to forest roads,
the Secretary of Agriculture limit rights-of-way
grants or their term of years or require disclo-
sure pursuant to section 1761(b) of this title or
impose any other condition contemplated by
this Act that is contrary to present practices of
that Secretary under sections 532 to 538 of title
16. Any pending application for a right-of-way
under any other law on the effective date of this
section shall be considered as an application
under this subchapter. The Secretary concerned
may require the applicant to submit any addi-
tional information he deems necessary to com-
ply with the requirements of this subchapter.
(b) Highway use
Nothing in this subchapter shall be construed
to preclude the use of lands covered by this sub-
chapter for highway purposes pursuant to sec-
tions 107 and 317 of title 23.
(c) Application of antitrust laws
(1) Nothing in this subchapter shall be con-
strued as exempting any holder of a right-of-way
issued under this subchapter from any provision
of the antitrust laws of the United States.
(2) For the purposes of this subsection, the
term ‘‘antitrust laws’’ includes the Act of July
2, 1890 (26 Stat.1 15 U.S.C. 1 et seq.); the Act of
October 15, 1914 (38 Stat. 730, 15 U.S.C. 12 et seq.);
the Federal Trade Commission Act (38 Stat. 717;
15 U.S.C. 41 et seq.); and sections 73 and 74 of the
Act of August 27, 1894 [15 U.S.C. 8, 9].
(P
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1771
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