§ 1762. — Roads.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1762]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER V--RIGHTS-OF-WAY
Sec. 1762. Roads
(a) Authority to acquire, construct, and maintain; financing
arrangements
The Secretary, with respect to the public lands, is authorized to
provide for the acquisition, construction, and maintenance of roads
within and near the public lands in locations and according to
specifications which will permit maximum economy in harvesting timber
from such lands tributary to such roads and at the same time meet the
requirements for protection, development, and management of such lands
for utilization of the other resources thereof. Financing of such roads
may be accomplished (1) by the Secretary utilizing appropriated funds,
(2) by requirements on purchasers of timber and other products from the
public lands, including provisions for amortization of road costs in
contracts, (3) by cooperative financing with other public agencies and
with private agencies or persons, or (4) by a combination of these
methods: Provided, That, where roads of a higher standard than that
needed in the harvesting and removal of the timber and other products
covered by the particular sale are to be constructed, the purchaser of
timber and other products from public lands shall not, except when the
provisions of the second proviso of this subsection apply, be required
to bear that part of the costs necessary to meet such higher standard,
and the Secretary is authorized to make such arrangements to this end as
may be appropriate: Provided further, That when timber is offered with
the condition that the purchaser thereof will build a road or roads in
accordance with standards specified in the offer, the purchaser of the
timber will be responsible for paying the full costs of construction of
such roads.
(b) Recordation of copies of affected instruments
Copies of all instruments affecting permanent interests in land
executed pursuant to this section shall be recorded in each county where
the lands are located.
(c) Maintenance or reconstruction of facilities by users
The Secretary may require the user or users of a road, trail, land,
or other facility administered by him through the Bureau, including
purchasers of Government timber and other products, to maintain such
facilities in a satisfactory condition commensurate with the particular
use requirements of each. Such maintenance to be borne by each user
shall be proportionate to total use. The Secretary may also require the
user or users of such a facility to reconstruct the same when such
reconstruction is determined to be necessary to accommodate such use. If
such maintenance or reconstruction cannot be so provided or if the
Secretary determines that maintenance or reconstruction by a user would
not be practical, then the Secretary may require that sufficient funds
be deposited by the user to provide his portion of such total
maintenance or reconstruction. Deposits made to cover the maintenance or
reconstruction of roads are hereby made available until expended to
cover the cost to the United States of accomplishing the purposes for
which deposited: Provided, That deposits received for work on adjacent
and overlapping areas may be combined when it is the most practicable
and efficient manner of performing the work, and cost thereof may be
determined by estimates: And provided further, That unexpended balances
upon accomplishment of the purpose for which deposited shall be
transferred to miscellaneous receipts or refunded.
(d) Fund for user fees for delayed payment to grantor
Whenever the agreement under which the United States has obtained
for the use of, or in connection with, the public lands a right-of-way
or easement for a road or an existing road or the right to use an
existing road provides for delayed payments to the Government's grantor,
any fees or other collections received by the Secretary for the use of
the road may be placed in a fund to be available for making payments to
the grantor.
(Pub. L. 94-579, title V, Sec. 502, Oct. 21, 1976, 90 Stat. 2777.)
