43 U.S.C. § 1769: Existing right-of-way or…

Summary

Existing rights to use public land stay in effect. If the holder agrees, the Secretary in charge can cancel an old right and replace it with a new right under these rules. When a railroad is moved on U.S. land held under a federal right-of-way, the Secretary may put the same annual rent, length, and type of land interest in the new right if it serves the public and the land is not inside a town and is about equal in value. The Secretary or a delegate must decide these applications within six months after receiving all required information.

Title 43, §1769

Public Lands, Source: USLM XML via OLRC

(a)Nothing in this subchapter shall have the effect of terminating any right-of-way or right-of-use heretofore issued, granted, or permitted. However, with the consent of the holder thereof, the Secretary concerned may cancel such a right-of-way or right-of-use and in its stead issue a right-of-way pursuant to the provisions of this subchapter.

(b)When the Secretary concerned issues a right-of-way under this subchapter for a railroad and appurtenant communication facilities in connection with a realinement of a railroad on lands under his jurisdiction by virtue of a right-of-way granted by the United States, he may, when he considers it to be in the public interest and the lands involved are not within an incorporated community and are of approximately equal value, notwithstanding the provisions of this subchapter, provide in the new right-of-way the same terms and conditions as applied to the portion of the existing right-of-way relinquished to the United States with respect to the payment of annual rental, duration of the right-of-way, and the nature of the interest in lands granted. The Secretary concerned or his delegate shall take final action upon all applications for the grant, issue, or renewal of rights-of-way under subsection (b) of this section no later than six months after receipt from the applicant of all information required from the applicant by this subchapter.

Executive Documents

Transfer of Functions

See note set out under section 1763 of this title.

§1769 Existing Right-of-way or Right-of-use Unaffected; Exceptions; Rights-of-way for Railroad and Appurtenant Communication Facilities; Applicability of Existing Terms and Conditions

Summary

Title 43, §1769

Notes & Related Subsidiaries

Executive Documents

Transfer of Functions

Citations & Metadata