Title 43Public LandsRelease 119-73

§1768 Conveyance of lands covered by right-of-way; terms and conditions

Title 43 › Chapter CHAPTER 35— - FEDERAL LAND POLICY AND MANAGEMENT › Subchapter SUBCHAPTER V— - RIGHTS-OF-WAY › § 1768

Last updated Apr 6, 2026|Official source

Summary

When the Secretary decides to transfer federal land that is wholly or partly inside a right-of-way (including rights granted under the Act of November 16, 1973 (87 Stat. 576; 30 U.S.C. 185)), the land can be conveyed subject to that right-of-way. If the Secretary thinks the United States must keep control to carry out the subchapter’s purposes, make sure the right-of-way rules are followed, or protect the land, the Secretary must either keep the part of the land inside the right-of-way or convey the land but keep the U.S. right to enforce the right-of-way, renew or extend it when it ends, and collect rents.

Full Legal Text

Title 43, §1768

Public Lands — Source: USLM XML via OLRC

If under applicable law the Secretary concerned decides to transfer out of Federal ownership any lands covered in whole or in part by a right-of-way, including a right-of-way granted under the Act of November 16, 1973 (87 Stat. 576; 30 U.S.C. 185), the lands may be conveyed subject to the right-of-way; however, if the Secretary concerned determines that retention of Federal control over the right-of-way is necessary to assure that the purposes of this subchapter will be carried out, the terms and conditions of the right-of-way complied with, or the lands protected, he shall (a) reserve to the United States that portion of the lands which lies within the boundaries of the right-of-way, or (b) convey the lands, including that portion within the boundaries of the right-of-way, subject to the right-of-way and reserving to the United States the right to enforce all or any of the terms and conditions of the right-of-way, including the right to renew it or extend it upon its termination and to collect rents.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of November 16, 1973, referred to in text, is Pub. L. 93–153, Nov. 16, 1973, 87 Stat. 576. 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.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1768

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73