43 U.S.C. § 1768 — Conveyance of lands covered by right-of-way; terms and conditions
submitted 50 years ago by Pub. L. 94-579 to r/title-43-PUBLIC-LANDS · 171 words · no verdicts yet
This section governs conveying Federal land that contains a right-of-way. The land may remain subject to the right-of-way, or the United States may reserve land or enforcement rights when continued Federal control is needed.
If under applicable law the Secretary concerned decides to transfer out of Federal ownership any lands covered in whole or in part by a right-of-way, including a right-of-way granted under the Act of November 16, 1973 (87 Stat. 576; 30 U.S.C. 185), the lands may be conveyed subject to the right-of-way; however, if the Secretary concerned determines that retention of Federal control over the right-of-way is necessary to assure that the purposes of this subchapter will be carried out, the terms and conditions of the right-of-way complied with, or the lands protected, he shall (a) reserve to the United States that portion of the lands which lies within the boundaries of the right-of-way, or (b) convey the lands, including that portion within the boundaries of the right-of-way, subject to the right-of-way and reserving to the United States the right to enforce all or any of the terms and conditions of the right-of-way, including the right to renew it or extend it upon its termination and to collect rents.
Source credit: (Pub. L. 94–579, title V, § 508, Oct. 21, 1976, 90 Stat. 2781.)
- 1976Enacted · Pub. L. 94-579 · 90 Stat. 2781
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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