54 U.S.C. § 100902 — Rights of way for public utilities and power and communication facilities
submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 525 words · no verdicts yet
This law lets the Secretary grant rights of way through national park units for public utilities like power lines, phone lines, and water systems, and separately for power and communication facilities like transmission lines and radio towers. Public-utility rights of way have specified size limits, while rights of way for power and communication facilities may last no more than 50 years and have specified size limits. The Secretary must approve each one as not conflicting with the public interest and can revoke or cancel it later.
(a) Public Utilities.
(1) In general. Following regulations the Secretary* sets, the Secretary may grant a right of way through a System unit* to a U.S. citizen, association, or corporation planning to use it for: (A) electrical plants, poles, and lines that generate and distribute electrical power; (B) telephone and telegraph purposes; or (C) canals, ditches, pipes and pipelines, flumes, tunnels, or other water conduits and water plants, dams, and reservoirs used for irrigation, mining, or quarrying, for manufacturing or cutting timber or lumber, or for supplying water for domestic, public, or other beneficial uses.
(2) Extent of right of way. A right of way under this subsection covers: (A) the ground actually occupied by the canals, ditches, flumes, tunnels, reservoirs, other water conduits or plants, or electrical or other permitted works; and (B) no more than 50 feet either (i) on each side of that ground's edges, or (ii) on each side of the center line of pipes, pipelines, and electrical, telegraph, and telephone lines and poles.
(3) Approval. A right of way under this subsection is only allowed within or through a unit if the Secretary approves it and finds it does not conflict with the public interest.
(4) Revocation. The Secretary may revoke a right of way granted under this subsection.
(5) Right, easement, or interest not conferred. A right of way under this subsection does not give the holder any right, easement, or interest in, to, or over the System* unit itself.
(b) Power and Communication Facilities.
(1) In general. Following regulations the Secretary sets, the Secretary may grant a right of way over, across, and through a System unit to a U.S. citizen, association, or corporation planning to use it for: (A) electrical poles and lines that transmit and distribute electrical power; (B) poles and lines for communication; and (C) radio, television, and other communication transmitting, relay, and receiving structures and facilities.
(2) Extent of right of way. A right of way under this subsection: (A) lasts no more than 50 years from the date it is granted; and (B) covers, for (i) lines and poles, 200 feet on each side of the center line, and for (ii) radio, television, and other communication structures and facilities, no more than 400 feet by 400 feet.
(3) Approval. Just like under subsection (a), a right of way here is only allowed if the Secretary approves it and finds it does not conflict with the public interest.
(4) Forfeiture and annulment. The Secretary may forfeit and cancel any part of a right of way under this subsection if it goes (A) unused for 2 years, or (B) is abandoned.
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—
electrical plants, poles, and lines for the generation and distribution of electrical power;
telephone and telegraph purposes; and
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.
A right of way under this subsection shall be for—
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
not more than 50 feet—
on each side of the marginal limits of the ground; or
on each side of the center line of the pipes and pipe lines, electrical, telegraph, and telephone lines and poles.
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.
The Secretary may revoke a right of way under this subsection.
A right of way under this subsection does not confer any right, easement, or interest in, to, or over a System unit.
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—
electrical poles and lines for the transmission and distribution of electrical power;
poles and lines for communication purposes; and
radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities.
A right of way under this subsection—
shall be for not more than 50 years from the date the right of way is granted; and
for—
lines and poles shall be for 200 feet on each side of the center line of the lines and poles; and
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.
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.
The Secretary may forfeit and annul any part of a right of way under this subsection for—
nonuse for a period of 2 years; or
abandonment.
Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3113.)
- 2014Enacted · Pub. L. 113-287 · 128 Stat. 3113
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.
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