43 U.S.C. § 1765 — Terms and conditions

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 payment for more than one year at a time: Provided further, That the Secretary concerned may waive rentals where a right-of-way is granted, issued, or renewed in reciprocation for a right-of-way conveyed to the United States in connection with a co- operative cost share program between the United States and the holder.’’ 1984—Subsec. (g). Pub. L. 98–300 inserted at end ‘‘Rights-of-way shall be granted, issued, or renewed, without rental fees, for electric or telephone facilities financed pursuant to the Rural Electrification Act of 1936, as amended, or any extensions from such facili- ties: 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 re- quire reimbursement of reasonable administrative and other costs pursuant to the second sentence of this sub- section.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–333, div. I, title X, § 1032(b), Nov. 12, 1996, 110 Stat. 4239, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to rights-of-way leases held on or after the date of enactment of this Act [Nov. 12, 1996].’’ Executive Documents TRANSFER OF FUNCTIONS See note set out under section 1763 of this title. § 1765. Terms and conditions Each right-of-way shall contain— (a) terms and conditions which will (i) carry out the purposes of this Act and rules and reg- ulations issued thereunder; (ii) minimize dam- age to scenic and esthetic values and fish and wildlife habitat and otherwise protect the en- vironment; (iii) require compliance with appli- cable air and water quality standards estab- lished 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, con- struction, 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 Sec- retary concerned deems necessary to (i) pro- tect 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. (Pub. L. 94–579, title V, § 505, Oct. 21, 1976, 90 Stat. 2780.) Editorial Notes REFERENCES IN TEXT This Act, referred to in par. (a), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classifica- tion of this Act to the Code, see Tables. Executive Documents TRANSFER OF FUNCTIONS See note set out under section 1763 of this title. § 1766. Suspension or termination; grounds; pro- cedures applicable Abandonment of a right-of-way or noncompli- ance with any provision of this subchapter con- dition 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 1 with respect to ease- ments, an appropriate administrative pro- ceeding pursuant to section 554 of title 5, the Secretary concerned determines that any such ground exists and that suspension or termi- nation is justified. No administrative proceeding shall be required where the right-of-way by its terms provides that it terminates on the occur- rence of a fixed or agreed-upon condition, event, or time. If the Secretary concerned determines that an immediate temporary suspension of ac- tivities 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 adminis- trative 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 ac-