PRIA, Government Policy, Made Personal

Summary

The Secretary may let a person, group, or company put utility or water works through a System unit if they follow rules the Secretary makes. That can include electrical lines and plants, phone and telegraph lines, and water works like canals, pipes, dams, reservoirs, and similar things used for irrigation, mining, timber work, or supplying water. The right of way covers the ground used by the work and up to 50 feet on each side of the work’s edge or of the center line of pipes, lines, or poles. The Secretary must approve the right of way and find it does not conflict with the public interest. The Secretary can also revoke it. A grant does not give ownership or an easement in the land. The Secretary may also allow rights of way for transmission lines, communication lines, and radio or TV relay and receiving structures under the Secretary’s rules. Those grants last no more than 50 years. For lines and poles the allowed area is 200 feet on each side of the center line. For radio and TV facilities the area may be up to 400 feet by 400 feet. The Secretary must approve each grant as compatible with the public interest and may cancel any part for 2 years of nonuse or for abandonment.

Title 54, §100902

National Park Service and Related Programs, Source: USLM XML via OLRC

(a)Public Utilities.—

(1)In general.—

Under regulations the Secretary prescribes, the Secretary may grant a right of way through a System unit to a citizen, association, or corporation of the United States that intends to use the right of way for— (A)

(B)telephone and telegraph purposes; and

(C)canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits and water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses.

(2)Extent of right of way.—

A right of way under this subsection shall be for— (A)

(B)not more than 50 feet—

(i)on each side of the marginal limits of the ground; or

(ii)on each side of the center line of the pipes and pipe lines, electrical, telegraph, and telephone lines and poles.

(3)Approval.—

A right of way under this subsection shall be allowed within or through a System unit only on the approval of the Secretary and on a finding that the right of way is not incompatible with the public interest.

(4)Revocation.—

The Secretary may revoke a right of way under this subsection.

(5)Right, easement, or interest not conferred.—

A right of way under this subsection does not confer any right, easement, or interest in, to, or over a System unit.

(b)Power and Communication Facilities.—

(1)In general.—

Under regulations the Secretary prescribes, the Secretary may grant a right of way over, across, and on through a System unit to a citizen, association, or corporation of the United States that intends to use the right of way for— (A)

(B)poles and lines for communication purposes; and

(C)radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities.

(2)Extent of right of way.—

A right of way under this subsection— (A)

(B)for—

(i)lines and poles shall be for 200 feet on each side of the center line of the lines and poles; and

(ii)radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities shall be for not more than 400 feet by 400 feet.

(3)Approval.—

(4)Forfeiture and annulment.—

The Secretary may forfeit and annul any part of a right of way under this subsection for— (A)

(B)abandonment.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 100902(a)16 U.S.C. 79.Feb. 15, 1901, ch.372 (relating to System units), 31 Stat. 790. 100902(b)16 U.S.C. 5.Mar. 4, 1911, ch. 238 (4th and last paragraphs (relating to System units) under heading “Improvement of the National Forest” under heading “Forest Service”), 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat. 95. In subsection (a), the text of 16 U.S.C. 79 (2d proviso) is omitted as obsolete because title 65 of the Revised States of the United States was repealed by section 1 of the Act of July 16, 1947 (ch. 256, 61 Stat. 327). In subsection (a)(1), the words “and the Yosemite, Sequoia, and General Grant national parks, California” are omitted as unnecessary because “other reservations” encompasses all System units. The inclusion of paragraphs (4) and (5) of subsection (a) do not have any effect on rights of way under subsection (b). In subsection (a)(4), the words “or his successor in his discretion” are omitted as unnecessary. In subsection (b), the text of 16 U.S.C. 5 (last paragraph) is omitted as obsolete. The word “Secretary” is substituted for “the head of the department having jurisdiction over the lands” and “chief officer of the department under whose supervision or control such reservation falls” because the portion of the Act of March 4, 1911 (ch. 238, 36 Stat. 1253) classified to 16 U.S.C. 5 relates only to System units.

§100902 Rights of Way for Public Utilities and Power and Communication Facilities

Summary

Title 54, §100902

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata