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43 U.S.C. § 961 — Rights-of-way for power and communications facilities
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.
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Source file: Laws/federal/codes/united-states-code/title-43/section-961-rights-of-way-for-power-and-communications-facilities--9ed4bde4f0.md
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Source location: Title 43, Chapter 22, § 961; chapter-022-rights-of-way-and-other-easements-in-public-lands.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress declares that it is the policy of the United States that—
(1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest;
(2) the national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other Federal and State planning efforts;
(3) public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before October 21, 1976, be reviewed in accordance with the provisions of this Act;
(4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands for specified purposes and that Congress delineate the extent to which the Executive may withdraw lands without legislative action;
(5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be required to establish comprehensive rules and regulations after considering the views of the general public; and to structure adjudication procedures to assure adequate third party participation, objective administrative review of initial decisions, and expeditious decisionmaking;
(6) judicial review of public land adjudication decisions be provided by law;
(7) goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis of multiple use and sustained yield unless otherwise specified by law;
(8) the public lands be managed in a manner t
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorized Types of Easements.—** If the Secretary of a military department finds that it will not be against the public interest, the Secretary may grant, upon such terms as the Secretary considers advisable, easements for rights-of-way over, in, and upon public lands permanently withdrawn or reserved for the use of that department, and other lands under the Secretary’s control for—
(1) railroad tracks;
(2) gas, water, sewer, and oil pipe lines;
(3) substations for electric power transmission lines and pumping stations for gas, water, sewer, and oil pipe lines;
(4) canals;
(5) ditches;
(6) flumes;
(7) tunnels;
(8) dams and reservoirs in connection with fish and wildlife programs, fish hatcheries, and other improvements relating to fish-culture;
(9) roads and streets;
(10) poles and lines for the transmission or distribution of electric power;
(11) poles and lines for the transmission or distribution of communications signals (including telephone and telegraph signals);
(12) structures and facilities for the transmission, reception, and relay of such signals; and
(13) any other purpose that the Secretary considers advisable.
**(b) Limitation on Size of Easement.—** No easement granted under this section may include more land than is necessary for the easement.
**(c) Termination.—** The Secretary of the military department concerned may terminate all or part of any easement granted under this section for—
(1) failure to comply with the terms of the grant;
(2) nonuse for a two-year period; or
(3) abandonment.
**(d) Notice to Department of the Interior.—** Copies of instruments granting easements over public lands under this section shall be furnished to the Secretary of the Interior.
**(e) Disposition of Consideration.—** Subsections (c) and (e)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2668
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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 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 5 and 523 of this title prior to their omission from the Code.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 420
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5
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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 public lands and lands in the National Forest System, were repealed by Pub. L. 94–579 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 5 and 420 of this title prior to their omission from the Code.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 523
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** This section and sections 100501, 100901(d) to (h), 101302(b)(2), 101901(c), and 102711 of this title, and the various authorities relating to the administration and protection of System units, including the provisions of law listed in subsection (b), shall, to the extent that those provisions are not in conflict with any such specific provision, be applicable to System units, and any reference in any of these provisions to a System unit does not limit those provisions to that System unit.
**(b) Applicable Provisions.—** The provisions of law referred to in subsection (a) are—
(1) section 100101(a), chapter 1003, sections 100751(a), 100752, 100753, 101101, 101102, 101511, 102101, 102712, 102901, 104905, and 104906, and chapter 2003 of this title;
(2) the Act of March 4, 1911 ([43 U.S.C. 961](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section961&num=0&edition=prelim)); and
(3) chapter 3201 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 100755
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Federal law — U.S. Code and appendices · legal_authorities
Page 298
TITLE 43—PUBLIC LANDS
§ 961
1 There is no section 960 in this title.
(Feb. 15, 1901, ch. 372, 31 Stat. 790; 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.)
Editorial Notes
REFERENCES IN TEXT
Title sixty-five of the Revised Statutes of the United
States, and amendments thereto, referred to in text,
which consisted of R.S. §§ 5263 to 5269, was classified to
sections 1 to 6 and 8 of Title 47, Telecommunications,
and was repealed by act July 16, 1947, ch. 256, § 1, 61
Stat. 327.
This Act, referred to in text, is act Feb. 15, 1901, ch.
372, 31 Stat. 790. For complete classification of this Act
to the Code, see Tables.
CODIFICATION
Act Feb. 15, 1901, ch. 372, 31 Stat. 790, was also classi-
fied to sections 79 and 522 of Title 16, Conservation,
which have been omitted from the Code.
Statutory Notes and Related Subsidiaries
GENERAL GRANT NATIONAL PARK ABOLISHED
Act Mar. 4, 1940, ch. 40, § 2, 54 Stat. 43, which is classi-
fied to section 80a of Title 16, Conservation, abolished
the General Grant National Park and added the lands
to the Kings Canyon National Park as the General
Grant grove section.
REPEALS
Section repealed by Pub. L. 94–579, title VII, § 706(a),
Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21,
1976, insofar as applicable to the issuance of rights-of-
way over, upon, under, and through the public lands
and lands in the National Forest System. For defini-
tion of ‘‘public lands’’ for purposes of Pub. L. 94–579, see
section 1702(e) of this title.
Section repealed by Pub. L. 113–287, § 7, Dec. 19, 2014,
128 Stat. 3272, insofar as applicable to units of the Na-
tional Park System. See section 100902(a) of Title 54,
National Park Service and Rela
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 961
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