Title 16ConservationRelease 119-73

§410aaa–51 Utility rights-of-way

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LIX–Y— - CALIFORNIA DESERT LANDS PARKS, PRESERVE, AND OFF-HIGHWAY VEHICLE RECREATION AREAS › Part Part C— - Mojave National Preserve › § 410aaa–51

Last updated Apr 6, 2026|Official source

Summary

Keeps existing rights-of-way and normal operation, maintenance, repair, and replacement for certain companies in the Mojave National Preserve outside the wilderness areas. Southern California Edison Company may upgrade its Eldorado-Lugo and Mojave-Lugo lines under limits: Eldorado can never have more than three transmission lines; the Mojave area must have the old line removed and the site reclaimed within three years after construction of an upgraded line begins, after which only one line may remain there (but if Eldorado has two or fewer lines, the Mojave area may have up to two). No extra land can be added in Eldorado or Mojave unless it reduces harm to preserve resources, and no more than 350 feet of extra land can be added south of the Mojave line unless a larger addition would reduce harm. All upgrade work, including work done with helicopters, must minimize harm to preserve resources. The Secretary must make emergency access plans with Southern California Edison within 180 days after October 31, 1994. Allows the same basic protections for Southern California Gas Company’s pipeline rights-of-way: existing rights and upgrades or renewals are allowed outside wilderness areas if done to minimize resource harm, and the Secretary must make emergency access plans with the company within 180 days after October 31, 1994. Also keeps existing rights and normal work for communications cables or lines, and for the Molybdenum Corporation of America; Molycorp, Incorporated; and Union Oil Company of California (d/b/a Unocal Corporation), or their successors or assigns, on preserve lands outside the wilderness areas, as long as impacts on preserve resources are minimized.

Full Legal Text

Title 16, §410aaa–51

Conservation — Source: USLM XML via OLRC

(a)(1)Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities in such right-of-way, issued, granted, or permitted to Southern California Edison Company, its successors or assigns, which is located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.
(2)Nothing in this part shall have the effect of prohibiting the upgrading of an existing electrical transmission line for the purpose of increasing the capacity of such transmission line in the Southern California Edison Company validly issued Eldorado-Lugo Transmission Line right-of-way and Mojave-Lugo Transmission Line right-of-way, or in a right-of-way if issued, granted, or permitted by the Secretary adjacent to the existing Mojave-Lugo Transmission Line right-of-way (hereafter in this section referred to as “adjacent right-of-way”), including construction of a replacement transmission line: Provided, That—
(A)in the Eldorado-Lugo Transmission Line rights-of-way (hereafter in this section referred to as the “Eldorado rights-of-way”) at no time shall there be more than three electrical transmission lines;
(B)in the Mojave-Lugo Transmission Line right-of-way (hereafter in this section referred to as the “Mojave right-of-way”) and adjacent right-of-way, removal of the existing electrical transmission line and reclamation of the site shall be completed no later than three years after the date on which construction of the upgraded transmission line begins, after which time there may be only one electrical transmission line in the lands encompassed by Mojave right-of-way and adjacent right-of-way;
(C)if there are no more than two electrical transmission lines in the Eldorado rights-of-way, two electrical transmission lines in the lands encompassed by the Mojave right-of-way and adjacent right-of-way may be allowed;
(D)in the Eldorado rights-of-way and Mojave right-of-way no additional land shall be issued, granted, or permitted for such upgrade unless an addition would reduce the impacts to preserve resources;
(E)no more than 350 feet of additional land shall be issued, granted, or permitted for an adjacent right-of-way to the south of the Mojave right-of-way unless a greater addition would reduce the impacts to preserve resources; and
(F)such upgrade activities, including helicopter aided construction, shall be conducted in a manner which will minimize the impact on preserve resources.
(3)The Secretary shall prepare within one hundred and eighty days after October 31, 1994, in consultation with the Southern California Edison Company, plans for emergency access by the Southern California Edison Company to its rights-of-way.
(b)(1)Nothing in this part shall have the effect of terminating any validly issued right-of-way, or customary operation, maintenance, repair, and replacement activities in such right-of-way; prohibiting the upgrading of and construction on existing facilities in such right-of-way for the purpose of increasing the capacity of the existing pipeline; or prohibiting the renewal of such right-of-way issued, granted, or permitted to the Southern California Gas Company, its successors or assigns, which is located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.
(2)The Secretary shall prepare within one hundred and eighty days after October 31, 1994, in consultation with the Southern California Gas Company, plans for emergency access by the Southern California Gas Company to its rights-of-way.
(c)Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities of existing facilities issued, granted, or permitted for communications cables or lines, which are located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.
(d)Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities of existing facilities issued, granted, or permitted to Molybdenum Corporation of America; Molycorp, Incorporated; or Union Oil Company of California (d/b/a Unocal Corporation); or its successors or assigns, or prohibiting renewal of such right-of-way, which is located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 601(a)(3), referred to in text, is section 601(a)(3) of Pub. L. 103–433, which enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 410aaa–51

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73