
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
