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43 U.S.C. § 1764 — General requirements
Federal law — U.S. Code and appendices · legal_authorities
**(a) Boundary specifications; criteria; temporary use of additional lands** The Secretary concerned shall specify the boundaries of each right-of-way as precisely as is practical. Each right-of-way shall be limited to the ground which the Secretary concerned determines (1) will be occupied by facilities which constitute the project for which the right-of-way is granted, issued, or renewed, (2) to be necessary for the operation or maintenance of the project, (3) to be necessary to protect the public safety, and (4) will do no unnecessary damage to the environment. The Secretary concerned may authorize the temporary use of such additional lands as he determines to be reasonably necessary for the construction, operation, maintenance, or termination of the project or a portion thereof, or for access thereto.
**(b) Terms and conditions of right-of-way or permit** Each right-of-way or permit granted, issued, or renewed pursuant to this section shall be limited to a reasonable term in light of all circumstances concerning the project. In determining the duration of a right-of-way the Secretary concerned shall, among other things, take into consideration the cost of the facility, its useful life, and any public purpose it serves. The right-of-way shall specify whether it is or is not renewable and the terms and conditions applicable to the renewal.
**(c) Applicability of regulations or stipulations** Rights-of-way shall be granted, issued, or renewed pursuant to this subchapter under such regulations or stipulations, consistent with the provisions of this subchapter or any other applicable law, and shall also be subject to such terms and conditions as the Secretary concerned may prescribe regarding extent, duration, survey, location, construction, maintenance, transfer or as
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Source file: Laws/federal/codes/united-states-code/title-43/section-1764-general-requirements--f5fcbb9617.md
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Source location: Title 43, Chapter 35, § 1764; chapter-035-federal-land-policy-and-management.md
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**(a) Boundary specifications; criteria; temporary use of additional lands** The Secretary concerned shall specify the boundaries of each right-of-way as precisely as is practical. Each right-of-way shall be limited to the ground which the Secretary concerned determines (1) will be occupied by facilities which constitute the project for which the right-of-way is granted, issued, or renewed, (2) to be necessary for the operation or maintenance of the project, (3) to be necessary to protect the public safety, and (4) will do no unnecessary damage to the environment. The Secretary concerned may authorize the temporary use of such additional lands as he determines to be reasonably necessary for the construction, operation, maintenance, or termination of the project or a portion thereof, or for access thereto.
**(b) Terms and conditions of right-of-way or permit** Each right-of-way or permit granted, issued, or renewed pursuant to this section shall be limited to a reasonable term in light of all circumstances concerning the project. In determining the duration of a right-of-way the Secretary concerned shall, among other things, take into consideration the cost of the facility, its useful life, and any public purpose it serves. The right-of-way shall specify whether it is or is not renewable and the terms and conditions applicable to the renewal.
**(c) Applicability of regulations or stipulations** Rights-of-way shall be granted, issued, or renewed pursuant to this subchapter under such regulations or stipulations, consistent with the provisions of this subchapter or any other applicable law, and shall also be subject to such terms and conditions as the Secretary concerned may prescribe regarding extent, duration, survey, location, construction, maintenance, transfer or assignment, and termination.
**(d) Submission of plan of construction, operation, and rehabilitation by new project applicants; plan requirements** The Secretary concerned prior to granting or issuing a right-of-way pursuant to this subchapter for a new project which may have a significant impact on the environment, shall require the applicant to submit a plan of construction, operation, and rehabilitation for such right-of-way which shall comply with stipulations or with regulations issued by that Secretary, including the terms and conditions required under [section 1765 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1765&num=0&edition=prelim).
**(e) Regulatory requirements for terms and conditions; revision and applicability of regulations** The Secretary concerned shall issue regulations with respect to the terms and conditions that will be included in rights-of-way pursuant to [section 1765 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1765&num=0&edition=prelim). Such regulations shall be regularly revised as needed. Such regulations shall be applicable to every right-of-way granted or issued pursuant to this subchapter and to any subsequent renewal thereof, and may be applicable to rights-of-way not granted or issued, but renewed pursuant to this subchapter.
**(f) Removal or use of mineral and vegetative materials** Mineral and vegetative materials, including timber, within or without a right-of-way, may be used or disposed of in connection with construction or other purposes only if authorization to remove or use such materials has been obtained pursuant to applicable laws or for emergency repair work necessary for those rights-of-way authorized under [section 1761(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1761/c&num=0&edition=prelim).
**(g) Rental payments; amount, waiver, etc.** 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 payment 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 holder. The Secretary concerned may, by regulation or prior to promulgation of such regulations, as a condition of a right-of-way, require an applicant for or holder of a right-of-way to reimburse the United States for all reasonable administrative and other costs incurred in processing an application for such right-of-way and in inspection and monitoring of construction, operation, and termination of the facility pursuant to such right-of-way: Provided, however, That the Secretary concerned need not secure reimbursement in any situation where there is in existence a cooperative cost share right-of-way program between the United States and the holder of a right-of-way. Rights-of-way may be granted, issued, or renewed to a Federal, State, or local government or any agency or instrumentality thereof, to nonprofit associations or nonprofit corporations which are not themselves controlled or owned by profitmaking corporations or business enterprises, or to a holder where he provides without or at reduced charges a valuable benefit to the public or to the programs of the Secretary concerned, or to a holder in connection with the authorized use or occupancy of Federal land for which the United States is already receiving compensation for such lesser charge, including free use as the Secretary concerned finds equitable and in the public interest. Such rights-of-way issued at less than fair market value are not assignable except with the approval of the Secretary issuing the right-of-way. The moneys received for reimbursement of reasonable costs shall be deposited with the Treasury in a special account and are hereby authorized to be appropriated and made available until expended. Rights-of-way shall be granted, issued, or renewed, without rental fees, for electric or telephone facilities eligible for financing pursuant to the Rural Electrification Act of 1936, as amended [[7 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section901&num=0&edition=prelim) et seq.], determined without regard to any application requirement under that Act, or any extensions from such facilities: Provided, That nothing in this sentence shall be construed to affect the authority of the Secretary granting, issuing, or renewing the right-of-way to require reimbursement of reasonable administrative and other costs pursuant to the second sentence of this subsection.
**(h) Liability for damage or injury incurred by United States for use and occupancy of rights-of-way; indemnification of United States; no-fault liability; amount of damages**
(1) The Secretary concerned shall promulgate regulations specifying the extent to which holders of rights-of-way under this subchapter shall be liable to the United States for damage or injury incurred by the United States caused by the use and occupancy of the rights-of-way. The regulations shall also specify the extent to which such holders shall indemnify or hold harmless the United States for liabilities, damages, or claims caused by their use and occupancy of the rights-of-way.
(2) Any regulation or stipulation imposing liability without fault shall include a maximum limitation on damages commensurate with the foreseeable risks or hazards presented. Any liability for damage or injury in excess of this amount shall be determined by ordinary rules of negligence.
**(i) Bond or security requirements** Where he deems it appropriate, the Secretary concerned may require a holder of a right-of-way to furnish a bond, or other security, satisfactory to him to secure all or any of the obligations imposed by the terms and conditions of the right-of-way or by any rule or regulation of the Secretary concerned.
**(j) Criteria for grant, issue, or renewal of right-of-way** The Secretary concerned shall grant, issue, or renew a right-of-way under this subchapter only when he is satisfied that the applicant has the technical and financial capability to construct the project for which the right-of-way is requested, and in accord with the requirements of this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
Each right-of-way shall contain—
**(a)** terms and conditions which will (i) carry out the purposes of this Act and rules and regulations issued thereunder; (ii) minimize damage to scenic and esthetic values and fish and wildlife habitat and otherwise protect the environment; (iii) require compliance with applicable air and water quality standards established by or pursuant to applicable Federal or State law; and (iv) require compliance with State standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance of or for rights-of-way for similar purposes if those standards are more stringent than applicable Federal standards; and
**(b)** such terms and conditions as the Secretary concerned deems necessary to (i) protect Federal property and economic interests; (ii) manage efficiently the lands which are subject to the right-of-way or adjacent thereto and protect the other lawful users of the lands adjacent to or traversed by such right-of-way; (iii) protect lives and property; (iv) protect the interests of individuals living in the general area traversed by the right-of-way who rely on the fish, wildlife, and other biotic resources of the area for subsistence purposes; (v) require location of the right-of-way along a route that will cause least damage to the environment, taking into consideration feasibility and other relevant factors; and (vi) otherwise protect the public interest in the lands traversed by the right-of-way or adjacent thereto.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1765
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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
This chapter may be cited as the “Rural Electrification Act of 1936”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Update of fee schedule** Not later than 1 year after August 8, 2005—
(1) the Secretary of the Interior shall update section 2806.20 of title 43, Code of Federal Regulations, as in effect on August 8, 2005, to revise the per acre rental fee zone value schedule by State, county, and type of linear right-of-way use to reflect current values of land in each zone; and
(2) the Secretary of Agriculture shall make the same revision for linear rights-of-way granted, issued, or renewed under title V of the Federal Lands Policy and Management Act of 1976 ([43 U.S.C. 1761](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1761&num=0&edition=prelim) et seq.) on National Forest System land.
**(b) Fair market value rental determination for linear rights-of-way** The fair market value rent of a linear right-of-way across public lands or National Forest System lands issued under section 504 of the Federal Land Policy and Management Act of 1976 ([43 U.S.C. 1764](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1764&num=0&edition=prelim)) or [section 185 of title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section185&num=0&edition=prelim) shall be determined in accordance with subpart 2806 of title 43, Code of Federal Regulations, as in effect on August 8, 2005 (including the annual or periodic updates specified in the regulations), and as updated in accordance with subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15926
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Federal law — U.S. Code and appendices · legal_authorities
Page 576
TITLE 43—PUBLIC LANDS
§ 1763
(d) Fund for user fees for delayed payment to
grantor
Whenever the agreement under which the
United States has obtained for the use of, or in
connection with, the public lands a right-of-way
or easement for a road or an existing road or the
right to use an existing road provides for de-
layed payments to the Government’s grantor,
any fees or other collections received by the
Secretary for the use of the road may be placed
in a fund to be available for making payments
to the grantor.
(Pub. L. 94–579, title V, § 502, Oct. 21, 1976, 90
Stat. 2777.)
§ 1763. Right-of-way corridors; criteria and pro-
cedures applicable for designation
In order to minimize adverse environmental
impacts and the proliferation of separate rights-
of-way, the utilization of rights-of-way in com-
mon shall be required to the extent practical,
and each right-of-way or permit shall reserve to
the Secretary concerned the right to grant addi-
tional 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 re-
quire that rights-of-way be confined to them,
the Secretary concerned shall take into consid-
eration national and State land use policies, en-
vironmental quality, economic efficiency, na-
tional security, safety, and good engineering
and technological practices. The Secretary con-
cerned shall issue regulations containing the
criteria and procedures he will use in desig-
nating such corridors. Any existing transpor-
tation and utility corridors may be designated
as transportation and utility corridors pursuant
to this subsection without further review.
(Pub. L. 94–579, title V, § 503, Oct. 21, 1976, 90
Stat. 2778.)
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1764
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 518
TITLE 7—AGRICULTURE
§ 901
Sec.
918b.
Acquisition of existing systems in rural com-
munities with high energy costs.
918c.
Rural and remote communities electrifica-
tion grants.
SUBCHAPTER II—RURAL TELEPHONE SERVICE
921.
Congressional declaration of policy.
921a, 921b. Repealed.
922.
Loans for telephone service.
923.
State regulation of telephone service.
924.
Definition of telephone service and rural
area.
925.
Loan feasibility.
926.
Certain rural development investments by
qualified telephone borrowers not treated
as dividends or distributions.
927.
General duties and prohibitions.
928.
Prompt processing of telephone loans.
SUBCHAPTER III—RURAL ELECTRIC AND
TELEPHONE DIRECT LOAN PROGRAMS
930.
Congressional declaration of policy.
931.
Rural Electrification and Telephone Revolv-
ing Fund.
931a.
Level of loan programs under Rural Elec-
trification and Telephone Revolving Fund.
932.
Liabilities and uses of Rural Electrification
and Telephone Revolving Fund.
933.
Moneys in the Rural Electrification and Tele-
phone Revolving Fund.
934.
Authorized financial transactions; interim
notes; purchase of obligations for resale;
sale of notes and certificates; liens.
935.
Insured loans; interest rates and lending lev-
els.
936.
Guaranteed loans; accommodation and subor-
dination of liens; interest rates; assign-
ability of guaranteed loans and related
guarantees.
936a.
Prepayment of loans.
936b.
Sale or prepayment of direct or insured loans.
936c.
Refinancing and prepayment of FFB loans.
936d.
Eligibility
of
distribution
borrowers
for
loans, loan guarantees, and lien accom-
modations.
936e.
Administrative prohibitions applicable to cer-
tain electric borrowers.
936f.
Substantially underserved trust areas.
937.
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 901
Stored review status: historical_2024_not_currentness_verified. The source passage cites 7 U.S.C. § 901. This identifies an authority to review, not proof of applicability.