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43 U.S.C. § 1768Conveyance 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

in plain englishAI-generated · not legal advice

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 the responsible Secretary decides under applicable law to transfer Federal land containing all or part of a right-of-way, including one granted under the cited 1973 Act, the land may be conveyed subject to that right-of-way. If retaining Federal control is needed to carry out this subchapter, ensure compliance with the right-of-way's terms, or protect the land, the Secretary must either (a) reserve for the United States the land within the right-of-way boundaries, or (b) convey the land, including that portion, subject to the right-of-way while reserving the United States' right to enforce its terms and conditions, renew or extend it when it ends, and collect rent.
the actual law source: uscode.house.gov ↗public domain

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.)

history & why it existsrecord from the source credit
  • 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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