43 U.S.C. § 961 — Untitled legal text

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consisted of R.S. §§ 5263 to 5269, was classified to sections 1 to 6 and 8 of Title 47, Telecommunications, and was repealed by act July 16, 1947, ch. 256, § 1, 61 Stat. 327.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 REPEALS Section repealed by Pub.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 Section repealed by Pub.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 Related Programs. SAVINGS PROVISION Repeal by Pub. L. 94–579 insofar as applicable to the issuance of rights-of-way not to be construed as termi- nating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 961.1 Rights-of-way for power and communica- tions facilities That the head of the department having juris- diction over the lands be, and he hereby is, au- thorized and empowered, under general regula- tions 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 communica- tion 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 commu- nication transmitting, relay, and receiving structures and facilities, to any citizen, associa- tion, 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, In- dian, or any other reservation only upon the ap- proval of the chief officer of the department under whose supervision or control such reserva- tion falls, and upon a finding by him that the same is not incompatible with the public inter- est: 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 hav- ing jurisdiction over the lands for nonuse for a period of two years or for abandonment. That any citizen, association, or corporation of the United States to whom there has here- tofore been issued a permit for any of the pur- poses specified herein under any existing law, may obtain the benefit of this Act upon the same terms and conditions as shall be required of citizens, associations, or corporations here- after making application under the provisions of this statute. (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.) Editorial Notes REFERENCES IN TEXT Heretofore, referred to in text, probably means before Mar. 4, 1911. This Act and this statute, referred to in text, is act Mar. 4, 1911, ch. 238, 36 Stat. 1235. For complete classi- fication of this Act to the Code, see Tables. Hereafter, referred to in in text, probably means on and after Mar. 4, 1911. CODIFICATION Acts Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat. 95, were also classified to sections 5, 420, and 523 of Title 16, Conservation, which have been omitted from the Code. AMENDMENTS 1952—Act May 27, 1952, inserted reference to rights-of- way for radio, television, and other forms of commu- nication, and increased from 40 feet to 400 feet the max- imum width of rights-of-way for lines and poles. Statutory Notes and Related Subsidiaries 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 Related Programs. SAVINGS PROVISION Repeal by Pub. L. 94–579 insofar as applicable to the issuance of rights-of-way not to be construed as termi- nating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. Page 299 TITLE 43—PUBLIC LANDS § 966 § 962. Right of way in Colorado and Wyoming to pipeline companies The right of way through the public lands of the United States situate in the State of Colo- rado and in the State of Wyoming outside of the boundary lines of the Yellowstone National Park is granted to any pipe-line company or cor- poration formed for the purpose of transporting oils, crude or refined, which shall have filed or may hereafter file with the Secretary of the In- terior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of the ground occupied by said pipe line and twenty-five feet on each side of the cen- ter line of the same; also the right to take from the public lands adjacent to the line of said pipe line, material, earth, and stone necessary for the construction of said pipe line. (May 21, 1896, ch. 212, § 1, 29 Stat. 127.) Editorial Notes SHORT TITLE Sections 962 to 965 of this title are popularly known as the ‘‘Oil Pipe Line Act’’. Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION 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. Such repeal not to be construed as terminating any valid lease, per- mit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 963. Applications for Colorado and Wyoming pipeline right of way Any company or corporation desiring to se- cure the benefits of sections 962 to 965 of this title shall, within twelve months after the loca- tion of ten miles of the pipeline, if the same be upon surveyed lands and if the same be upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the officer, as the Secretary of the Interior may designate, of the land office for the district where such land is located a map of its line, and upon the approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such right of way shall pass shall be disposed of subject to such right of way. (May 21, 1896, ch. 212, § 2, 29 Stat. 127; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION 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. Such repeal not to be construed as terminating any valid lease, per- mit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. ‘‘Officer, as the Secretary of the Interior may des- ignate’’ substituted for ‘‘register’’ on authority of sec- tion 403 of Reorg. Plan No. 3 of 1946, which abolished all registers of district land offices and transferred func- tions of register of district land office to Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title. § 964. Limit of time for completion of Colorado and Wyoming pipelines; forfeiture If any section of said pipe line shall not be completed within five years after the location of said section, the right granted in sections 962 to 965 of this title shall be forfeited, as to any in- complete section of said pipe line, to the extent that the same is not completed at the date of the forfeiture. (May 21, 1896, ch. 212, § 3, 29 Stat. 127.) Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION 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. Such repeal not to be construed as terminating any valid lease, per- mit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 965. Restriction on use of Colorado and Wyo- ming pipeline right of way Nothing in sections 962 to 965 of this title shall authorize the use of such right of way except for the pipe line, and then only so far as may be necessary for its construction, maintenance, and care. (May 21, 1896, ch. 212, § 4, 29 Stat. 127.) Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION 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. Such repeal not to be construed as terminating any valid lease, per- mit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 966. Right of way in Arkansas to pipe-line com- panies A right of way through the public lands of the United States in the State of Arkansas is grant- ed for pipe-line purposes to any citizen of the United States or any company or corporation authorized by its charter to transport oil, crude or refined, or natural gas which shall have filed or may hereafter file with the Secretary of the Interior a copy of its articles of incorporation,