§ 1769. — Existing rightofway or rightofuse unaffected; exceptions; rightsofway for railroad and appurtenant communication facilities; applicability of existing 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: 43USC1769]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER V--RIGHTS-OF-WAY
Sec. 1769. Existing right-of-way or right-of-use unaffected;
exceptions; rights-of-way for railroad and appurtenant
communication facilities; applicability of existing terms and
conditions
(a) Nothing in this subchapter shall have the effect of terminating
any right-of-way or right-of-use heretofore issued, granted, or
permitted. However, with the consent of the holder thereof, the
Secretary concerned may cancel such a right-of-way or right-of-use and
in its stead issue a right-of-way pursuant to the provisions of this
subchapter.
(b) When the Secretary concerned issues a right-of-way under this
subchapter for a railroad and appurtenant communication facilities in
connection with a realinement of a railroad on lands under his
jurisdiction by virtue of a right-of-way granted by the United States,
he may, when he considers it to be in the public interest and the lands
involved are not within an incorporated community and are of
approximately equal value, notwithstanding the provisions of this
subchapter, provide in the new right-of-way the same terms and
conditions as applied to the portion of the existing right-of-way
relinquished to the United States with respect to the payment of annual
rental, duration of the right-of-way, and the nature of the interest in
lands granted. The Secretary concerned or his delegate shall take final
action upon all applications for the grant, issue, or renewal of rights-
of-way under subsection (b) of this section no later than six months
after receipt from the applicant of all information required from the
applicant by this subchapter.
(Pub. L. 94-579, title V, Sec. 509, Oct. 21, 1976, 90 Stat. 2781.)
Transfer of Functions
See note set out under section 1763 of this title.
