36 C.F.R. § 14.60   General.


Title 36 - Parks, Forests, and Public Property


Title 36: Parks, Forests, and Public Property
PART 14—RIGHTS-OF-WAY
Subpart D—Under Title 23, U.S.C. (Interstate and Defense Highway System)

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§ 14.60   General.

No application under the regulations of this part is required for a right-of-way within the limits of a highway right-of-way granted pursuant to Title 23, United States Code, for facilities usual to a highway, except (a) where terms of the grant or a provision of law specifically requires the filing of an application for a right-of-way, (b) where the right-of-way is for electric transmission facilities which are designed for operation at a nominal voltage of 33 KV or above or for conversion to such operation, or (c) where the right-of-way is for oil or gas pipelines which are part of a pipeline crossing other public lands, or if not part of such a pipeline, which are more than two miles long. When an application is not required under the provisions of this subparagraph, qualified persons may appropriate rights-of-way for such usual highway facilities with the consent of the holder of the highway right-of-way, which holder will be responsible for compliance with §14.9, in connection with the construction and maintenance of such facilities.

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