Title 16ConservationRelease 119-73not60

§3167 Rights-of-way Terms and Conditions

Title 16 › Chapter 51— ALASKA NATIONAL INTEREST LANDS CONSERVATION › Subchapter IV— TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND ACCESS INTO, CONSERVATION SYSTEM UNITS › § 3167

Last updated Apr 5, 2026|Official source

Summary

The Secretary must put terms and conditions in any right-of-way given under this subchapter. Those terms must, as much as possible, keep the use compatible with the purposes of the affected conservation system unit, national recreation area, or national conservation area. They must require restoring and revegetating land and stopping erosion, meeting air and water quality rules, and setting limits (including minimum widths) to prevent harm to the environment, property, or public health. They must protect people who subsist on local fish and wildlife and require steps to avoid or reduce environmental, social, or economic harm. If a transportation or utility system crosses a unit of the National Wild and Scenic Rivers System, conditions must protect river flow and travel and make sure the work is sited and built in an environmentally sound way. For a pipeline described in section 185(a) of title 30, rights-of-way under this subchapter must be issued the same way as under section 185 of title 30, and subsections (c) through (j), (l) through (q), and (u) through (y) of section 185 of title 30 apply.

Full Legal Text

Title 16, §3167

Conservation — Source: USLM XML via OLRC

(a)The Secretary, or the Secretary of Agriculture where national forest wilderness is involved, shall include in any right-of-way issued pursuant to an application under this subchapter, terms and conditions which shall include, but not be limited to—
(1)requirements to insure that, to the maximum extent feasible, the right-of-way is used in a manner compatible with the purposes for which the affected conservation system unit, national recreation area, or national conservation area was established or is managed;
(2)requirements for restoration, revegetation, and curtailment of erosion of the surface of the land;
(3)requirements to insure that activities in connection with the right-of-way will not violate applicable air and water quality standards and related facility siting standards established pursuant to law;
(4)requirements, including the minimum necessary width, designed to control or prevent—
(A)damage to the environment (including damage to fish and wildlife habitat),
(B)damage to public or private property, and
(C)hazards to public health and safety;
(5)requirements to protect the interests of individuals living in the general area of the right-of-way who rely on the fish, wildlife, and biotic resources of the area for subsistence purposes; and
(6)requirements to employ measures to avoid or minimize adverse environmental, social or economic impacts.
(b)Any transportation or utility system approved pursuant to this subchapter which occupies, uses, or traverses any area within the boundaries of a unit of the National Wild and Scenic Rivers System shall be subject to such conditions as may be necessary to assure that the stream flow of, and transportation on, such river are not interfered with or impeded, and that the transportation or utility system is located and constructed in an environmentally sound manner.
(c)In the case of a pipeline described in section 185(a) of title 30, a right-of-way issued pursuant to this subchapter shall be issued in the same manner as a right-of-way is granted under section 185 of title 30, and the provisions of subsections (c) through (j), (l) through (q), and (u) through (y) of section 185 of title 30 shall apply to rights-of-way issued pursuant to this subchapter.

Reference

Citations & Metadata

Citation

16 U.S.C. § 3167

Title 16Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60