§ 1768. — Conveyance of lands covered by rightofway; 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: 43USC1768]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER V--RIGHTS-OF-WAY
Sec. 1768. Conveyance of lands covered by right-of-way; terms
and conditions
If under applicable law the Secretary concerned decides to transfer
out of Federal ownership any lands covered in whole or in part by a
right-of-way, including a right-of-way granted under the Act of November
16, 1973 (87 Stat. 576; 30 U.S.C. 185), the lands may be conveyed
subject to the right-of-way; however, if the Secretary concerned
determines that retention of Federal control over the right-of-way is
necessary to assure that the purposes of this subchapter will be carried
out, the terms and conditions of the right-of-way complied with, or the
lands protected, he shall (a) reserve to the United States that portion
of the lands which lies within the boundaries of the right-of-way, or
(b) convey the lands, including that portion within the boundaries of
the right-of-way, subject to the right-of-way and reserving to the
United States the right to enforce all or any of the terms and
conditions of the right-of-way, including the right to renew it or
extend it upon its termination and to collect rents.
(Pub. L. 94-579, title V, Sec. 508, Oct. 21, 1976, 90 Stat. 2781.)
References in Text
Act of November 16, 1973, referred to in text, is Pub. L. 93-153,
Nov. 16, 1973, 87 Stat. 576. For complete classification of this Act to
the Code, see Tables.
Transfer of Functions
See note set out under section 1763 of this title.
