§ 961. — Rightsofway through public lands, Indian, and other reservations for power and communications facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC961]
TITLE 43--PUBLIC LANDS
CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
Sec. 961.\1\ Rights-of-way through public lands, Indian, and
other reservations for power and communications facilities
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\1\ There is no section 960 in this title.
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The head of the department having jurisdiction over the lands be,
and he is, authorized and empowered, under general regulations to be
fixed by him, to grant an easement for rights-of-way, for a period not
exceeding fifty years from the date of the issuance of such grant, over,
across, and upon the public lands and reservations of the United States
for electrical poles and lines for the transmission and distribution of
electrical power, and for poles and lines for communication purposes,
and for radio, television, and other forms of communication
transmitting, relay, and receiving structures and facilities, to the
extent of two hundred feet on each side of the center line of such lines
and poles and not to exceed four hundred feet by four hundred feet for
radio, television, and other forms of communication transmitting, relay,
and receiving structures and facilities, to any citizen, association, or
corporation of the United States, where it is intended by such to
exercise the right-of-way herein granted for any one or more of the
purposes herein named: Provided, That such right-of-way shall be allowed
within or through any Indian or any other reservation only upon the
approval of the chief officer of the department under whose supervision
or control such reservation falls, and upon a finding by him that the
same is not incompatible with the public interest: Provided further,
That all or any part of such right-of-way may be forfeited and annulled
by declaration of the head of the department having jurisdiction over
the lands for nonuse for a period of two years or for abandonment.
Any citizen, association, or corporation of the United States to
whom there was issued, prior to March 4, 1911, a permit for any of the
purposes specified herein under any existing law may obtain the benefit
of this section upon the same terms and conditions as shall be required
of citizens, associations, or corporations thereafter making application
under the provisions of this section.
(Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat.
95.)
Repeal of Section
Section repealed by Pub. L. 94-579, title VII, Sec. 706(a),
Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,
insofar as applicable to the issuance of rights-of-way over, upon,
under, and through the public lands and lands in the National Forest
System.
Codification
Act Mar. 4, 1911, as it applies to rights of way in national parks,
national forests, military, and other reservations, is also classified
to sections 5, 420, and 523 of Title 16, Conservation.
Amendments
1952--Act May 27, 1952, inserted reference to rights-of-way for
radio, television, and other forms of communication, and increased from
40 feet to 400 feet the maximum width of rights-of-way for lines and
poles.
Savings Provision
Repeal by Pub. L. 94-579 insofar as applicable to the issuance of
rights-of-way not to be construed as terminating any valid lease,
permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub.
L. 94-579, set out as a note under section 1701 of this title.
