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16 U.S.C. § 410aaa–51Utility rights-of-way

submitted 32 years ago by Pub. L. 103-433 to r/title-16-CONSERVATION · 752 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section protects existing utility rights-of-way inside the Mojave National Preserve, outside wilderness areas — for Southern California Edison's power lines, Southern California Gas's pipelines, communications lines, and a few named mining companies. It also allows Edison to upgrade its transmission lines under detailed limits. All this work must minimize harm to the preserve.

(a) Continuation of rights-of-way and other activities; upgrading transmission lines; emergency access plans (1) Nothing in this part cancels any validly issued right-of-way, or Southern California Edison's normal operation, maintenance, repair, and replacement work in it, on land inside the preserve but outside wilderness areas. This work must minimize harm to preserve resources. (2) Nothing in this part stops Edison from upgrading two named existing transmission lines (Eldorado-Lugo and Mojave-Lugo) to carry more power, including building a replacement line, subject to detailed limits: (A) the Eldorado-Lugo right-of-way may never hold more than three transmission lines; (B) in the Mojave-Lugo right-of-way and any adjacent right-of-way, the old line must be removed and the site restored within three years after upgrade construction begins, after which only one line may remain there; (C) if the Eldorado-Lugo right-of-way has no more than two lines, the Mojave-Lugo area may have two lines; (D) no extra land may be added to the Eldorado-Lugo or Mojave-Lugo rights-of-way for this upgrade unless it would reduce harm to preserve resources; (E) no more than 350 feet of extra land may be added south of the Mojave-Lugo right-of-way unless a bigger addition would reduce harm; and (F) all upgrade work, including work using helicopters, must minimize harm to preserve resources. (3) Within 180 days after October 31, 1994, the Secretary had to work with Southern California Edison to prepare plans for its emergency access to its rights-of-way. (b) Pipeline capacity (1) Nothing in this part cancels any validly issued right-of-way or Southern California Gas Company's normal operation, maintenance, repair, replacement, upgrade, or renewal work for its pipeline, on land inside the preserve but outside wilderness areas. This work must minimize harm to preserve resources. (2) Within 180 days after October 31, 1994, the Secretary had to work with Southern California Gas Company to prepare plans for its emergency access to its rights-of-way. (c) Communications cables or lines Nothing in this part cancels any validly issued right-of-way, or the normal operation, maintenance, repair, and replacement of existing communications cables or lines, on land inside the preserve but outside wilderness areas. This work must minimize harm to preserve resources. (d) Other rights-of-way Nothing in this part cancels any validly issued right-of-way, or the normal operation, maintenance, repair, replacement, or renewal work, granted to Molybdenum Corporation of America, Molycorp Incorporated, or Union Oil Company of California (doing business as Unocal Corporation), on land inside the preserve but outside wilderness areas. This work must minimize harm to preserve resources.
the actual law source: uscode.house.gov ↗public domain
(a) Continuation of rights-of-way and other activities; upgrading transmission lines; emergency access plans
(1)

Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities in such right-of-way, issued, granted, or permitted to Southern California Edison Company, its successors or assigns, which is located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.

(2)

Nothing in this part shall have the effect of prohibiting the upgrading of an existing electrical transmission line for the purpose of increasing the capacity of such transmission line in the Southern California Edison Company validly issued Eldorado-Lugo Transmission Line right-of-way and Mojave-Lugo Transmission Line right-of-way, or in a right-of-way if issued, granted, or permitted by the Secretary adjacent to the existing Mojave-Lugo Transmission Line right-of-way (hereafter in this section referred to as “adjacent right-of-way”), including construction of a replacement transmission line: Provided, That—

(A)

in the Eldorado-Lugo Transmission Line rights-of-way (hereafter in this section referred to as the “Eldorado rights-of-way”) at no time shall there be more than three electrical transmission lines;

(B)

in the Mojave-Lugo Transmission Line right-of-way (hereafter in this section referred to as the “Mojave right-of-way”) and adjacent right-of-way, removal of the existing electrical transmission line and reclamation of the site shall be completed no later than three years after the date on which construction of the upgraded transmission line begins, after which time there may be only one electrical transmission line in the lands encompassed by Mojave right-of-way and adjacent right-of-way;

(C)

if there are no more than two electrical transmission lines in the Eldorado rights-of-way, two electrical transmission lines in the lands encompassed by the Mojave right-of-way and adjacent right-of-way may be allowed;

(D)

in the Eldorado rights-of-way and Mojave right-of-way no additional land shall be issued, granted, or permitted for such upgrade unless an addition would reduce the impacts to preserve resources;

(E)

no more than 350 feet of additional land shall be issued, granted, or permitted for an adjacent right-of-way to the south of the Mojave right-of-way unless a greater addition would reduce the impacts to preserve resources; and

(F)

such upgrade activities, including helicopter aided construction, shall be conducted in a manner which will minimize the impact on preserve resources.

(3)

The Secretary shall prepare within one hundred and eighty days after October 31, 1994, in consultation with the Southern California Edison Company, plans for emergency access by the Southern California Edison Company to its rights-of-way.

(b) Pipeline capacity
(1)

Nothing in this part shall have the effect of terminating any validly issued right-of-way, or customary operation, maintenance, repair, and replacement activities in such right-of-way; prohibiting the upgrading of and construction on existing facilities in such right-of-way for the purpose of increasing the capacity of the existing pipeline; or prohibiting the renewal of such right-of-way issued, granted, or permitted to the Southern California Gas Company, its successors or assigns, which is located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.

(2)

The Secretary shall prepare within one hundred and eighty days after October 31, 1994, in consultation with the Southern California Gas Company, plans for emergency access by the Southern California Gas Company to its rights-of-way.

(c) Communications cables or lines

Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities of existing facilities issued, granted, or permitted for communications cables or lines, which are located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.

(d) Other rights-of-way

Nothing in this part shall have the effect of terminating any validly issued right-of-way or customary operation, maintenance, repair, and replacement activities of existing facilities issued, granted, or permitted to Molybdenum Corporation of America; Molycorp, Incorporated; or Union Oil Company of California (d/b/a Unocal Corporation); or its successors or assigns, or prohibiting renewal of such right-of-way, which is located on lands included in the Mojave National Preserve, but outside lands designated as wilderness under section 601(a)(3). Such activities shall be conducted in a manner which will minimize the impact on preserve resources.

Source credit: (Pub. L. 103–433, title V, § 511, Oct. 31, 1994, 108 Stat. 4492.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-433 · 108 Stat. 4492

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-433 on 1994-10-31.

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