§ 3167. — Rightsofway 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: 16USC3167]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER IV--TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND
ACCESS INTO, CONSERVATION SYSTEM UNITS
Sec. 3167. Rights-of-way terms and conditions
(a) Terms and conditions
The Secretary, or the Secretary of Agriculture where national forest
wilderness is involved, shall include in any right-of-way issued
pursuant to an application under this subchapter, terms and conditions
which shall include, but not be limited to--
(1) requirements to insure that, to the maximum extent feasible,
the right-of-way is used in a manner compatible with the purposes
for which the affected conservation system unit, national recreation
area, or national conservation area was established or is managed;
(2) requirements for restoration, revegetation, and curtailment
of erosion of the surface of the land;
(3) requirements to insure that activities in connection with
the right-of-way will not violate applicable air and water quality
standards and related facility siting standards established pursuant
to law;
(4) requirements, including the minimum necessary width,
designed to control or prevent--
(A) damage to the environment (including damage to fish and
wildlife habitat),
(B) damage to public or private property, and
(C) hazards to public health and safety;
(5) requirements to protect the interests of individuals living
in the general area of the right-of-way who rely on the fish,
wildlife, and biotic resources of the area for subsistence purposes;
and
(6) requirements to employ measures to avoid or minimize adverse
environmental, social or economic impacts.
(b) Wild and Scenic Rivers System
Any transportation or utility system approved pursuant to this
subchapter which occupies, uses, or traverses any area within the
boundaries of a unit of the National Wild and Scenic Rivers System shall
be subject to such conditions as may be necessary to assure that the
stream flow of, and transportation on, such river are not interfered
with or impeded, and that the transportation or utility system is
located and constructed in an environmentally sound manner.
(c) Pipeline rights-of-way
In the case of a pipeline described in section 185(a) of title 30, a
right-of-way issued pursuant to this subchapter shall be issued in the
same manner as a right-of-way is granted under section 185 of title 30,
and the provisions of subsections (c) through (j), (l) through (q), and
(u) through (y) of section 185 of title 30 shall apply to rights-of-way
issued pursuant to this subchapter.
(Pub. L. 96-487, title XI, Sec. 1107, Dec. 2, 1980, 94 Stat. 2463.)
Section Referred to in Other Sections
This section is referred to in section 410hh of this title.
