54 U.S.C. § 100902 — Rights of way for public utilities and power and communication facilities

(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.