§ 523. — Rightsofway through national forests 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: 16USC523]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 523. Rights-of-way through national forests 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 national forests 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 forest
only upon the approval of the chief officer of the department under
whose supervision or control such national forest 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 to rights-of-way in national parks,
military, and other reservations, is set out as sections 5 and 420 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.
