§1765 — Title 43 Public Lands | U.S. Code

Summary

Each right-of-way must have conditions that make the law and its rules work. The conditions must protect scenic values, wildlife habitat, and the environment; meet federal or state air and water quality rules; and follow state health, safety, environmental, and location, construction, operation, and maintenance rules when those state rules are stricter than federal ones. The Secretary in charge must also add terms to protect federal property and money; manage and protect the lands and other users; protect people and property; protect residents who rely on local fish and wildlife for food; require routes that cause the least environmental harm when feasible; and otherwise protect the public interest in the affected lands.

Title 43, §1765

Public Lands — Source: USLM XML via OLRC

Each right-of-way shall contain— (a)

(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.

Notes & Related Subsidiaries

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 classification of this Act to the Code, see Tables.

Executive Documents

Transfer of Functions

See note set out under section 1763 of this title.

§1765 Terms and conditions