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43 U.S.C. § 1765Terms and conditions

submitted 50 years ago by Pub. L. 94-579 to r/title-43-PUBLIC-LANDS · 227 words · no verdicts yet

in plain englishAI-generated · not legal advice

Every right-of-way must contain conditions implementing the Act, protecting the environment, and requiring compliance with applicable air, water, health, safety, and related standards. The Secretary may add conditions protecting Federal property, nearby users and residents, and the public interest.

Each right-of-way must contain— (a) Terms and conditions that— (i) carry out the purposes of this Act and the rules and regulations issued under it; (ii) minimize damage to scenic and aesthetic values and fish and wildlife habitat and otherwise protect the environment; (iii) require compliance with applicable air- and water-quality standards established by or under applicable Federal or State law; and (iv) require compliance with State standards for public health and safety, environmental protection, and the siting, construction, operation, and maintenance of rights-of-way for similar purposes, if those State standards are more stringent than the applicable Federal standards. (b) The terms and conditions the Secretary concerned considers necessary to— (i) protect Federal property and economic interests; (ii) efficiently manage the lands covered by the right-of-way or next to it and protect other lawful users of lands next to or crossed by the right-of-way; (iii) protect lives and property; (iv) protect the interests of people living in the general area crossed by the right-of-way who rely on the area’s fish, wildlife, and other living resources for subsistence; (v) require the right-of-way to be located along a route that will cause the least environmental damage, considering feasibility and other relevant factors; and (vi) otherwise protect the public interest in the lands crossed by or next to the right-of-way.
the actual law source: uscode.house.gov ↗public domain

Each right-of-way shall contain—

(a)

terms and conditions which will (i) carry out the purposes of this Act and rules and regulations issued thereunder; (ii) minimize damage to scenic and esthetic values and fish and wildlife habitat and otherwise protect the environment; (iii) require compliance with applicable air and water quality standards established by or pursuant to applicable Federal or State law; and (iv) require compliance with State standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance of or for rights-of-way for similar purposes if those standards are more stringent than applicable Federal standards; and

(b)

such terms and conditions as the Secretary concerned deems necessary to (i) protect Federal property and economic interests; (ii) manage efficiently the lands which are subject to the right-of-way or adjacent thereto and protect the other lawful users of the lands adjacent to or traversed by such right-of-way; (iii) protect lives and property; (iv) protect the interests of individuals living in the general area traversed by the right-of-way who rely on the fish, wildlife, and other biotic resources of the area for subsistence purposes; (v) require location of the right-of-way along a route that will cause least damage to the environment, taking into consideration feasibility and other relevant factors; and (vi) otherwise protect the public interest in the lands traversed by the right-of-way or adjacent thereto.

Source credit: (Pub. L. 94–579, title V, § 505, Oct. 21, 1976, 90 Stat. 2780.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-579 · 90 Stat. 2780

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-579 on 1976-10-21.

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