43 U.S.C. § 1763 — Right-of-way corridors; criteria and procedures applicable for designation
submitted 50 years ago by Pub. L. 94-579 to r/title-43-PUBLIC-LANDS · 139 words · no verdicts yet
This section requires common use of rights-of-way when practical and reserves authority to grant compatible additional uses. It lists the factors and procedures for designating right-of-way corridors.
Common use of rights-of-way must be required as far as practical to reduce environmental harm and separate corridors. Each right-of-way or permit must reserve the Secretary concerned’s right to grant compatible additional rights-of-way or permits on or beside it. In designating corridors and deciding whether rights-of-way must stay in them, the Secretary must consider national and State land-use policies, environmental quality, economic efficiency, national security, safety, and sound engineering and technology. The Secretary must issue regulations stating corridor criteria and procedures. Existing transportation and utility corridors may be designated without another review.
In order to minimize adverse environmental impacts and the proliferation of separate rights-of-way, the utilization of rights-of-way in common shall be required to the extent practical, and each right-of-way or permit shall reserve to the Secretary concerned the right to grant additional rights-of-way or permits for compatible uses on or adjacent to rights-of-way granted pursuant to this Act. In designating right-of-way corridors and in determining whether to require that rights-of-way be confined to them, the Secretary concerned shall take into consideration national and State land use policies, environmental quality, economic efficiency, national security, safety, and good engineering and technological practices. The Secretary concerned shall issue regulations containing the criteria and procedures he will use in designating such corridors. Any existing transportation and utility corridors may be designated as transportation and utility corridors pursuant to this subsection without further review.
Source credit: (Pub. L. 94–579, title V, § 503, Oct. 21, 1976, 90 Stat. 2778.)
- 1976Enacted · Pub. L. 94-579 · 90 Stat. 2778
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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