§ 1765. — Terms and conditions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1765]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER V--RIGHTS-OF-WAY
Sec. 1765. Terms and conditions
Each right-of-way shall contain--
(a) terms and conditions which will (i) carry out the purposes
of this Act and rules and regulations issued thereunder; (ii)
minimize damage to scenic and esthetic values and fish and wildlife
habitat and otherwise protect the environment; (iii) require
compliance with applicable air and water quality standards
established by or pursuant to applicable Federal or State law; and
(iv) require compliance with State standards for public health and
safety, environmental protection, and siting, construction,
operation, and maintenance of or for rights-of-way for similar
purposes if those standards are more stringent than applicable
Federal standards; and
(b) such terms and conditions as the Secretary concerned deems
necessary to (i) protect Federal property and economic interests;
(ii) manage efficiently the lands which are subject to the right-of-
way or adjacent thereto and protect the other lawful users of the
lands adjacent to or traversed by such right-of-way; (iii) protect
lives and property; (iv) protect the interests of individuals living
in the general area traversed by the right-of-way who rely on the
fish, wildlife, and other biotic resources of the area for
subsistence purposes; (v) require location of the right-of-way along
a route that will cause least damage to the environment, taking into
consideration feasibility and other relevant factors; and (vi)
otherwise protect the public interest in the lands traversed by the
right-of-way or adjacent thereto.
(Pub. L. 94-579, title V, Sec. 505, Oct. 21, 1976, 90 Stat. 2780.)
References in Text
This Act, referred to in par. (a), is Pub. L. 94-579, Oct. 21, 1976,
90 Stat. 2743, as amended, known as the Federal Land Policy and
Management Act of 1976. For complete classification of this Act to the
Code, see Tables.
Transfer of Functions
See note set out under section 1763 of this title.
Section Referred to in Other Sections
This section is referred to in section 1764 of this title.
