§ 5. — Rightsofway through parks or 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: 16USC5]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER I--NATIONAL PARK SERVICE
Sec. 5. Rights-of-way through parks or reservations for power
and communications facilities
The head of the department having jurisdiction over the lands be,
and he hereby 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 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 said
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 also to rights-of-way in military and
other reservations and national forests, is also set out as sections 420
and 523 of this title, and, in so far 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, 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.
Section Referred to in Other Sections
This section is referred to in section 1c of this title.
