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43 U.S.C. § 1766 — Suspension or termination; grounds; procedures applicable
Federal law — U.S. Code and appendices · legal_authorities
Abandonment of a right-of-way or noncompliance with any provision of this subchapter condition of the right-of-way, or applicable rule or regulation of the Secretary concerned may be grounds for suspension or termination of the right-of-way if, after due notice to the holder of the right-of-way and, and 11 So in original. with respect to easements, an appropriate administrative proceeding pursuant to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim), the Secretary concerned determines that any such ground exists and that suspension or termination is justified. No administrative proceeding shall be required where the right-of-way by its terms provides that it terminates on the occurrence of a fixed or agreed-upon condition, event, or time. If the Secretary concerned determines that an immediate temporary suspension of activities within a right-of-way for violation of its terms and conditions is necessary to protect public health or safety or the environment, he may abate such activities prior to an administrative proceeding. Prior to commencing any proceeding to suspend or terminate a right-of-way the Secretary concerned shall give written notice to the holder of the grounds for such action 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 regulation 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 renewed, for any continuous five-year period, shall constitute a rebuttable presumption of abandonment 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,
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Source file: Laws/federal/codes/united-states-code/title-43/section-1766-suspension-or-termination-grounds-procedures-applicable--8826241238.md
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Source location: Title 43, Chapter 35, § 1766; chapter-035-federal-land-policy-and-management.md
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Abandonment of a right-of-way or noncompliance with any provision of this subchapter condition of the right-of-way, or applicable rule or regulation of the Secretary concerned may be grounds for suspension or termination of the right-of-way if, after due notice to the holder of the right-of-way and, and 11 So in original. with respect to easements, an appropriate administrative proceeding pursuant to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim), the Secretary concerned determines that any such ground exists and that suspension or termination is justified. No administrative proceeding shall be required where the right-of-way by its terms provides that it terminates on the occurrence of a fixed or agreed-upon condition, event, or time. If the Secretary concerned determines that an immediate temporary suspension of activities within a right-of-way for violation of its terms and conditions is necessary to protect public health or safety or the environment, he may abate such activities prior to an administrative proceeding. Prior to commencing any proceeding to suspend or terminate a right-of-way the Secretary concerned shall give written notice to the holder of the grounds for such action 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 regulation 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 renewed, for any continuous five-year period, shall constitute a rebuttable presumption of abandonment 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 terminate the right-of-way.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved—
(1) a matter subject to a subsequent trial of the law and the facts de novo in a court;
(2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim);
(3) proceedings in which decisions rest solely on inspections, tests, or elections;
(4) the conduct of military or foreign affairs functions;
(5) cases in which an agency is acting as an agent for a court; or
(6) the certification of worker representatives.
**(b)** Persons entitled to notice of an agency hearing shall be timely informed of—
(1) the time, place, and nature of the hearing;
(2) the legal authority and jurisdiction under which the hearing is to be held; and
(3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.
**(c)** The agency shall give all interested parties opportunity for—
(1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and
(2) to the extent that the parties are unable so to determine a controversy by consent, heari
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 554
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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) Authorized purposes** The Secretary, with respect to the public lands (including public lands, as defined in [section 1702(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1702/e&num=0&edition=prelim), which are reserved from entry pursuant to section 24 of the Federal Power Act ([16 U.S.C. 818](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section818&num=0&edition=prelim))) and, the Secretary of Agriculture, with respect to lands within the National Forest System (except in each case land designated as wilderness), are authorized to grant, issue, or renew rights-of-way over, upon, under, or through such lands for—
(1) reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other facilities and systems for the impoundment, storage, transportation, or distribution of water;
(2) pipelines and other systems for the transportation or distribution of liquids and gases, other than water and other than oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom, and for storage and terminal facilities in connection therewith;
(3) pipelines, slurry and emulsion systems, and conveyor belts for transportation and distribution of solid materials, and facilities for the storage of such materials in connection therewith;
(4) systems for generation, transmission, and distribution of electric energy, except that the applicant shall also comply with all applicable requirements of the Federal Energy Regulatory Commission under the Federal Power Act, including part 1 11 So in original. Probably should be part “I”. thereof (41 Stat. 1063, [16 U.S.C. 791a–825r](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a–825r&num=0&editi
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1761
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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. § 1766
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