§1768 — Title 43 Public Lands | U.S. Code

Summary

When a Secretary decides to transfer federal land that is partly or fully under a right-of-way (including rights from the Act of November 16, 1973 (87 Stat. 576; 30 U.S.C. 185)), the land can be transferred with that right-of-way attached. If the Secretary thinks the United States must keep control to carry out the law, make sure the right-of-way’s rules are followed, or protect the land, the Secretary must either keep the strip inside the right-of-way for the United States or transfer the land but keep the right to enforce, renew or extend the right-of-way and to collect rents.

Title 43, §1768

Public Lands — Source: USLM XML via OLRC

If under applicable law the Secretary concerned decides to transfer out of Federal ownership any lands covered in whole or in part by a right-of-way, including a right-of-way granted under the Act of November 16, 1973 (87 Stat. 576; 30 U.S.C. 185), the lands may be conveyed subject to the right-of-way; however, if the Secretary concerned determines that retention of Federal control over the right-of-way is necessary to assure that the purposes of this subchapter will be carried out, the terms and conditions of the right-of-way complied with, or the lands protected, he shall (a) reserve to the United States that portion of the lands which lies within the boundaries of the right-of-way, or (b) convey the lands, including that portion within the boundaries of the right-of-way, subject to the right-of-way and reserving to the United States the right to enforce all or any of the terms and conditions of the right-of-way, including the right to renew it or extend it upon its termination and to collect rents.

Editorial Notes

References in Text

Act of November 16, 1973, referred to in text, is Pub. L. 93–153, Nov. 16, 1973, 87 Stat. 576. 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.

§1768 Conveyance of Lands Covered by Right-of-way; Terms and Conditions