§1766 — Title 43 Public Lands | U.S. Code

Summary

A right-of-way can be suspended or ended if it is abandoned or if the holder breaks the rules or any conditions tied to it. The responsible Secretary must give written notice and may start an administrative proceeding to decide if suspension or termination is justified. For easements, an administrative proceeding under section 554 of title 5 is used. If the right-of-way itself says it ends on a fixed event, time, or condition, no proceeding is needed. If public health, safety, or the environment is at risk, the Secretary can immediately and temporarily stop activities before any hearing. Normally the holder must get a reasonable chance to fix the problem or resume use. Not using the right-of-way for any continuous five-year period creates a presumption of abandonment, but the holder can rebut that. If the non-use was caused by things beyond the holder’s control, the Secretary is not required to start proceedings.

Title 43, §1766

Public Lands — Source: USLM XML via OLRC

Abandonment of a right-of-way or noncompliance with any provision of this subchapter condition 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 11 So in original. with respect to easements, an appropriate administrative proceeding pursuant to section 554 of title 5, the Secretary concerned determines that any such ground exists and that suspension or termination is justified. No administrative proceeding shall be required where the right-of-way by its terms provides that it terminates on the occurrence of a fixed or agreed-upon condition, event, or time. If the Secretary concerned determines that an immediate temporary suspension of activities 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 administrative 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 action and shall give the holder a reasonable time to resume use of the right-of-way or to comply with this subchapter condition, rule, or regulation as the case may be. Failure of the holder of the right-of-way to use the right-of-way for the purpose for which it was granted, issued, or renewed, for any continuous five-year period, shall constitute a rebuttable presumption of abandonment of the right-of-way except that where the failure of the holder to use the right-of-way for the purpose for which it was granted, issued, or renewed for any continuous five-year period is due to circumstances not within the holder’s control, the Secretary concerned is not required to commence proceedings to suspend or terminate the right-of-way.

Executive Documents

Transfer of Functions

See note set out under section 1763 of this title.

§1766 Suspension or termination; grounds; procedures applicable

Summary

Title 43, §1766

Notes & Related Subsidiaries

Executive Documents

Transfer of Functions

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