Title 43Public LandsRelease 119-73not60

§1762 Roads

Title 43 › Chapter 35— FEDERAL LAND POLICY AND MANAGEMENT › Subchapter V— RIGHTS-OF-WAY › § 1762

Last updated Apr 5, 2026|Official source

Summary

The Secretary who manages public lands may buy, build, and keep up roads on or near those lands so timber can be cut and removed cheaply while also protecting and using other resources. The government can pay for these roads with government money, by charging or requiring people who buy timber to help pay (including spreading road costs into their contracts), by sharing costs with other public or private groups, or by mixing these methods. If a road is built at a higher standard than needed for a sale, the timber buyer normally does not have to pay the extra cost. But if a timber sale specifically says the buyer must build roads to certain standards, the buyer must pay the full cost. Copies of any legal papers that give permanent land rights under these road actions must be filed in each county where the land lies. The Secretary can require people who use a road, trail, or other facility to keep it in good shape and share the cost fairly based on how much they use it. The Secretary can also require users to rebuild a facility when needed. If users cannot do the work, they may have to deposit money to cover their share. Those deposits can be used until spent, may be combined for nearby work when sensible, and any leftover money must be refunded or sent to miscellaneous receipts. If the US agreed to pay the landowner later for a right‑of‑way, fees the Secretary collects for road use can be placed in a fund to make those payments.

Full Legal Text

Title 43, §1762

Public Lands — Source: USLM XML via OLRC

(a)The Secretary, with respect to the public lands, is authorized to provide for the acquisition, construction, and maintenance of roads within and near the public lands in locations and according to specifications which will permit maximum economy in harvesting timber from such lands tributary to such roads and at the same time meet the requirements for protection, development, and management of such lands for utilization of the other resources thereof. Financing of such roads may be accomplished (1) by the Secretary utilizing appropriated funds, (2) by requirements on purchasers of timber and other products from the public lands, including provisions for amortization of road costs in contracts, (3) by cooperative financing with other public agencies and with private agencies or persons, or (4) by a combination of these methods: Provided, That, where roads of a higher standard than that needed in the harvesting and removal of the timber and other products covered by the particular sale are to be constructed, the purchaser of timber and other products from public lands shall not, except when the provisions of the second proviso of this subsection apply, be required to bear that part of the costs necessary to meet such higher standard, and the Secretary is authorized to make such arrangements to this end as may be appropriate: Provided further, That when timber is offered with the condition that the purchaser thereof will build a road or roads in accordance with standards specified in the offer, the purchaser of the timber will be responsible for paying the full costs of construction of such roads.
(b)Copies of all instruments affecting permanent interests in land executed pursuant to this section shall be recorded in each county where the lands are located.
(c)The Secretary may require the user or users of a road, trail, land, or other facility administered by him through the Bureau, including purchasers of Government timber and other products, to maintain such facilities in a satisfactory condition commensurate with the particular use requirements of each. Such maintenance to be borne by each user shall be proportionate to total use. The Secretary may also require the user or users of such a facility to reconstruct the same when such reconstruction is determined to be necessary to accommodate such use. If such maintenance or reconstruction cannot be so provided or if the Secretary determines that maintenance or reconstruction by a user would not be practical, then the Secretary may require that sufficient funds be deposited by the user to provide his portion of such total maintenance or reconstruction. Deposits made to cover the maintenance or reconstruction of roads are hereby made available until expended to cover the cost to the United States of accomplishing the purposes for which deposited: Provided, That deposits received for work on adjacent and overlapping areas may be combined when it is the most practicable and efficient manner of performing the work, and cost thereof may be determined by estimates: And provided further, That unexpended balances upon accomplishment of the purpose for which deposited shall be transferred to miscellaneous receipts or refunded.
(d)Whenever the agreement under which the United States has obtained for the use of, or in connection with, the public lands a right-of-way or easement for a road or an existing road or the right to use an existing road provides for delayed payments to the Government’s grantor, any fees or other collections received by the Secretary for the use of the road may be placed in a fund to be available for making payments to the grantor.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1762

Title 43Public Lands

Last Updated

Apr 5, 2026

Release point: 119-73not60