§1765 — Title 43 Public Lands | U.S. Code

Summary

Each right-of-way must include conditions that do four things: carry out this law and its rules; limit harm to scenery, wildlife, and habitat and protect the environment; meet air and water quality rules under federal or state law; and follow state health, safety, and environmental standards for siting, building, operating, and maintaining similar rights-of-way when those state standards are stricter than federal ones. The Secretary in charge must also add any other conditions needed to protect federal property and economic interests, manage and protect the lands and other lawful users nearby, safeguard lives and property, protect people who rely on local fish and wildlife for subsistence, require routing that causes the least environmental harm when feasible, and protect the public interest in the lands crossed or adjacent to the right-of-way.

Title 43, §1765

Public Lands — Source: USLM XML via OLRC

Each right-of-way shall contain— (a)

(b)such terms and conditions as the Secretary concerned deems necessary to (i) protect Federal property and economic interests; (ii) manage efficiently the lands which are subject to the right-of-way or adjacent thereto and protect the other lawful users of the lands adjacent to or traversed by such right-of-way; (iii) protect lives and property; (iv) protect the interests of individuals living in the general area traversed by the right-of-way who rely on the fish, wildlife, and other biotic resources of the area for subsistence purposes; (v) require location of the right-of-way along a route that will cause least damage to the environment, taking into consideration feasibility and other relevant factors; and (vi) otherwise protect the public interest in the lands traversed by the right-of-way or adjacent thereto.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in par. (a), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. 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.

§1765 Terms and Conditions