§1766 — Title 43 Public Lands | U.S. Code

Summary

A right-of-way can be suspended or ended if the holder abandons it or fails to follow its terms, this subchapter, or rules the Secretary in charge sets. Before doing that, the Secretary must give written notice and, for easements, hold an administrative hearing under 5 U.S.C. 554. If the right-of-way itself says it ends when a specific event, condition, or time happens, no hearing is needed. The Secretary may temporarily stop activities right away without a hearing if needed to protect public health, safety, or the environment. The holder must be given a reasonable time to fix the problem or resume use. Not using the right-of-way for five continuous years creates a presumption of abandonment, but if the nonuse was caused by things outside the holder’s control, the Secretary does not have to start suspension or termination proceedings.

Title 43, §1766

Public Lands — Source: USLM XML via OLRC

Abandonment of a right-of-way or noncompliance with any provision of this subchapter condition of the right-of-way, or applicable rule or regulation of the Secretary concerned may be grounds for suspension or termination of the right-of-way if, after due notice to the holder of the right-of-way and, and 11 So in original. with respect to easements, an appropriate administrative proceeding pursuant to section 554 of title 5, the Secretary concerned determines that any such ground exists and that suspension or termination is justified. No administrative proceeding shall be required where the right-of-way by its terms provides that it terminates on the occurrence of a fixed or agreed-upon condition, event, or time. If the Secretary concerned determines that an immediate temporary suspension of activities within a right-of-way for violation of its terms and conditions is necessary to protect public health or safety or the environment, he may abate such activities prior to an administrative proceeding. Prior to commencing any proceeding to suspend or terminate a right-of-way the Secretary concerned shall give written notice to the holder of the grounds for such action and shall give the holder a reasonable time to resume use of the right-of-way or to comply with this subchapter condition, rule, or regulation as the case may be. Failure of the holder of the right-of-way to use the right-of-way for the purpose for which it was granted, issued, or renewed, for any continuous five-year period, shall constitute a rebuttable presumption of abandonment of the right-of-way except that where the failure of the holder to use the right-of-way for the purpose for which it was granted, issued, or renewed for any continuous five-year period is due to circumstances not within the holder’s control, the Secretary concerned is not required to commence proceedings to suspend or terminate the right-of-way.

Executive Documents

Transfer of Functions

See note set out under section 1763 of this title.

§1766 Suspension or Termination; Grounds; Procedures Applicable

Summary

Title 43, §1766

Notes & Related Subsidiaries

Executive Documents

Transfer of Functions

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