§100902 — Title 54 National Park Service and Related Programs | U.S. Code

Summary

The Secretary may let a U.S. citizen, group, or company have a right of way through a System unit to install and use utilities and water works under rules the Secretary sets. Examples include electrical generation and distribution, telephone and telegraph lines, and canals, pipes, dams, reservoirs, and other water systems used for irrigation, mining, manufacturing, timber work, or supplying water for homes and public needs. The right of way covers the land where the works sit and up to 50 feet on each side of the work’s margin or center line. The Secretary must approve each right of way and find it is not harmful to the public interest. The Secretary can revoke the right of way, and the right does not give any ownership or other property interest in the System unit. The Secretary may also grant rights of way for transmission lines, communication poles and lines, and radio, television, and other communication towers and facilities. Those rights can last no more than 50 years. For lines and poles the right of way can extend 200 feet on each side of the center line. For radio, television, and similar facilities it can be up to 400 feet by 400 feet. These also need the Secretary’s approval and a finding they are not harmful to the public interest. The Secretary may cancel any part of these rights for two years of nonuse or if they are abandoned.

Title 54, §100902

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

(a)(1)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)electrical plants, poles, and lines for the generation and distribution of electrical power;

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

(A)the ground occupied by the canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted under paragraph (1); and

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

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

(b)(1)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)electrical poles and lines for the transmission and distribution of electrical power;

(B)poles and lines for communication purposes; and

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

(2)A right of way under this subsection—

(A)shall be for not more than 50 years from the date the right of way is granted; and

(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.

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

(A)nonuse for a period of 2 years; or

(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