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

Summary

The department head in charge of public lands may, under rules they make, give easements that let U.S. citizens, associations, or corporations place electrical poles and lines, communication poles and lines, and radio or television transmitting, relay, and receiving structures on public lands, national forests, and reservations for up to 50 years. The allowed width is up to 200 feet on each side of a line’s center, and radio/TV sites may be no larger than 400 feet by 400 feet. Rights-of-way inside national parks, military areas, Indian lands, or other reservations need approval from the agency chief who runs that area and must not conflict with the public interest. The department head can cancel a right-of-way for two years of nonuse or if it is abandoned. People or companies with earlier permits can take the same benefits under the same conditions as new applicants.

Title 43, §961

Public Lands — Source: USLM XML via OLRC

That the head of the department having jurisdiction over the lands be, and he hereby is, authorized and empowered, under general regulations to be fixed by him, to grant an easement for rights-of-way, for a period not exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands, national forests, and reservations of the United States for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for communication purposes, and for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to the extent of two hundred feet on each side of the center line of such lines and poles and not to exceed four hundred feet by four hundred feet for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to any citizen, association, or corporation of the United States, where it is intended by such to exercise the right-of-way herein granted for any one or more of the purposes herein named: Provided, That such right-of-way shall be allowed within or through any national park, national forest, military, Indian, or any other reservation only upon the approval of the chief officer of the department under whose supervision or control such reservation falls, and upon a finding by him that the same is not incompatible with the public interest: Provided further, That all or any part of such right-of-way may be forfeited and annulled by declaration of the head of the department having jurisdiction over the lands for nonuse for a period of two years or for abandonment. That any citizen, association, or corporation of the United States to whom there has heretofore been issued a permit for any of the purposes specified herein under any existing law, may obtain the benefit of this Act upon the same terms and conditions as shall be required of citizens, associations, or corporations hereafter making application under the provisions of this statute.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Heretofore, referred to in text, probably means before Mar. 4, 1911. This Act and this statute, referred to in text, is act Mar. 4, 1911, ch. 238, 36 Stat. 1235. For complete classification of this Act to the Code, see Tables. Hereafter, referred to in in text, probably means on and after Mar. 4, 1911. Codification Acts Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat. 95, were also classified to section 5, 420, and 523 of Title 16, Conservation, which have been omitted from the Code.

Amendments

1952—Act May 27, 1952, inserted reference to rights-of-way for radio, television, and other forms of communication, and increased from 40 feet to 400 feet the maximum width of rights-of-way for lines and poles.

Statutory Notes and Related Subsidiaries

Repeals

Section repealed by Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. For definition of “public lands” for purposes of Pub. L. 94–579, see section 1702(e) of this title. Section repealed by Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272, insofar as applicable to units of the National Park System. See section 100902(a) of Title 54, National Park Service and Related Programs.

Savings Provision

Repeal by Pub. L. 94–579 insofar as applicable to the issuance of rights-of-way not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§961 Rights-of-way for power and communications facilities