§ 420. — Rightsofway through military 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: 16USC420]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX--NATIONAL MILITARY PARKS
Sec. 420. Rights-of-way through military and other reservations
for power and communications facilities
The head of the department having jurisdiction over the lands 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 national park, military 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 has been issued a permit prior to March 4, 1911, for any of
the purposes specified herein under any law existing at that date, may
obtain the benefit of this section upon the same terms and conditions as
shall be required of citizens, associations, or corporations making
application under the provisions of this section subsequent to such
date.
(Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat.
95.)
Repeals
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
Section, insofar as it relates to right-of-way in national parks and
other reservations, is also set out as section 5 of this title; insofar
as it relates to rights-of-way in national forests, is set out as
section 523 of this title; and, insofar as it relates to rights-of-way
on public lands generally, and Indian reservations, is set out as
section 961 of Title 43, Public Lands.
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, title VII, Sec. 706(a), Oct. 21, 1976, 90
Stat. 2793, 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 note set out under section 1701 of Title
43, Public Lands.
