§ 1766. — Suspension or termination; grounds; procedures applicable.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1766]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER V--RIGHTS-OF-WAY
Sec. 1766. Suspension or termination; grounds; procedures
applicable
Abandonment of a right-of-way or noncompliance with any provision of
this subchapter condition of the right-of-way, or applicable rule or
regulation of the Secretary concerned may be grounds for suspension or
termination of the right-of-way if, after due notice to the holder of
the right-of-way and, and \1\ with respect to easements, an appropriate
administrative proceeding pursuant to section 554 of title 5, the
Secretary concerned determines that any such ground exists and that
suspension or termination is justified. No administrative proceeding
shall be required where the right-of-way by its terms provides that it
terminates on the occurrence of a fixed or agreed-upon condition, event,
or time. If the Secretary concerned determines that an immediate
temporary suspension of activities within a right-of-way for violation
of its terms and conditions is necessary to protect public health or
safety or the environment, he may abate such activities prior to an
administrative proceeding. Prior to commencing any proceeding to suspend
or terminate a right-of-way the Secretary concerned shall give written
notice to the holder of the grounds for such action and shall give the
holder a reasonable time to resume use of the right-of-way or to comply
with this subchapter condition, rule, or regulation as the case may be.
Failure of the holder of the right-of-way to use the right-of-way for
the purpose for which it was granted, issued, or renewed, for any
continuous five-year period, shall constitute a rebuttable presumption
of abandonment of the right-of-way except that where the failure of the
holder to use the right-of-way for the purpose for which it was granted,
issued, or renewed for any continuous five-year period is due to
circumstances not within the holder's control, the Secretary concerned
is not required to commence proceedings to suspend or terminate the
right-of-way.
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\1\ So in original.
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(Pub. L. 94-579, title V, Sec. 506, Oct. 21, 1976, 90 Stat. 2780.)
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 1761 of this title.
