Title 16 — ConservationRelease 119-73

§3167 Rights-of-way terms and conditions

Title 16 › Chapter CHAPTER 51— - ALASKA NATIONAL INTEREST LANDS CONSERVATION › Subchapter SUBCHAPTER IV— - TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND ACCESS INTO, CONSERVATION SYSTEM UNITS › § 3167

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Interior, or the Secretary of Agriculture for national forest wilderness, must put terms and conditions on any right-of-way granted under this subchapter. Those conditions must make sure the use fits the purpose of the protected area; require land restoration, revegetation, and erosion control; follow air and water quality and siting rules; prevent environmental harm, property damage, and health hazards (including setting the minimum needed width); protect people who rely on local fish, wildlife, and other living resources for subsistence; and require steps to avoid or reduce environmental, social, and economic harm. Any road, rail, or utility in a National Wild and Scenic Rivers System unit must be conditioned so it does not block stream flow or river travel and is sited and built in an environmentally sound way. A pipeline covered by section 185(a) of title 30 must get its right-of-way the same way as under section 185 of title 30, and subsections (c)–(j), (l)–(q), and (u)–(y) of that section apply.

Full Legal Text

Title 16, §3167

Conservation — Source: USLM XML via OLRC

(a)The Secretary, or the Secretary of Agriculture where national forest wilderness is involved, shall include in any right-of-way issued pursuant to an application under this subchapter, terms and conditions which shall include, but not be limited to—

(1)requirements to insure that, to the maximum extent feasible, the right-of-way is used in a manner compatible with the purposes for which the affected conservation system unit, national recreation area, or national conservation area was established or is managed;

(2)requirements for restoration, revegetation, and curtailment of erosion of the surface of the land;

(3)requirements to insure that activities in connection with the right-of-way will not violate applicable air and water quality standards and related facility siting standards established pursuant to law;

(4)requirements, including the minimum necessary width, designed to control or prevent—

(A)damage to the environment (including damage to fish and wildlife habitat),

(B)damage to public or private property, and

(C)hazards to public health and safety;

(5)requirements to protect the interests of individuals living in the general area of the right-of-way who rely on the fish, wildlife, and biotic resources of the area for subsistence purposes; and

(6)requirements to employ measures to avoid or minimize adverse environmental, social or economic impacts.

(b)Any transportation or utility system approved pursuant to this subchapter which occupies, uses, or traverses any area within the boundaries of a unit of the National Wild and Scenic Rivers System shall be subject to such conditions as may be necessary to assure that the stream flow of, and transportation on, such river are not interfered with or impeded, and that the transportation or utility system is located and constructed in an environmentally sound manner.

(c)In the case of a pipeline described in section 185(a) of title 30, a right-of-way issued pursuant to this subchapter shall be issued in the same manner as a right-of-way is granted under section 185 of title 30, and the provisions of subsections (c) through (j), (l) through (q), and (u) through (y) of section 185 of title 30 shall apply to rights-of-way issued pursuant to this subchapter.

Reference

Citations & Metadata

Citation

16 U.S.C. § 3167

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73