
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC410aaa-51]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
      SUBCHAPTER LIX-Y--CALIFORNIA DESERT LANDS PARKS AND PRESERVE
 
                    Part C--Mojave National Preserve
 
Sec. 410aaa-51. Utility rights-of-way


(a) Continuation of rights-of-way and other activities; upgrading 
        transmission lines; emergency access plans

    (1) Nothing in this part shall have the effect of terminating any 
validly issued right-of-way or customary operation, maintenance, repair, 
and replacement activities in such right-of-way, issued, granted, or 
permitted to Southern California Edison Company, its successors or 
assigns, which is located on lands included in the Mojave National 
Preserve, but outside lands designated as wilderness under section 
601(a)(3). Such activities shall be conducted in a manner which will 
minimize the impact on preserve resources.
    (2) Nothing in this part shall have the effect of prohibiting the 
upgrading of an existing electrical transmission line for the purpose of 
increasing the capacity of such transmission line in the Southern 
California Edison Company validly issued Eldorado-Lugo Transmission Line 
right-of-way and Mojave-Lugo Transmission Line right-of-way, or in a 
right-of-way if issued, granted, or permitted by the Secretary adjacent 
to the existing Mojave-Lugo Transmission Line right-of-way (hereafter in 
this section referred to as ``adjacent right-of-way''), including 
construction of a replacement transmission line: Provided, That--
        (A) in the Eldorado-Lugo Transmission Line rights-of-way 
    (hereafter in this section referred to as the ``Eldorado rights-of-
    way'') at no time shall there be more than three electrical 
    transmission lines;
        (B) in the Mojave-Lugo Transmission Line right-of-way (hereafter 
    in this section referred to as the ``Mojave right-of-way'') and 
    adjacent right-of-way, removal of the existing electrical 
    transmission line and reclamation of the site shall be completed no 
    later than three years after the date on which construction of the 
    upgraded transmission line begins, after which time there may be 
    only one electrical transmission line in the lands encompassed by 
    Mojave right-of-way and adjacent right-of-way;
        (C) if there are no more than two electrical transmission lines 
    in the Eldorado rights-of-way, two electrical transmission lines in 
    the lands encompassed by the Mojave right-of-way and adjacent right-
    of-way may be allowed;
        (D) in the Eldorado rights-of-way and Mojave right-of-way no 
    additional land shall be issued, granted, or permitted for such 
    upgrade unless an addition would reduce the impacts to preserve 
    resources;
        (E) no more than 350 feet of additional land shall be issued, 
    granted, or permitted for an adjacent right-of-way to the south of 
    the Mojave right-of-way unless a greater addition would reduce the 
    impacts to preserve resources; and
        (F) such upgrade activities, including helicopter aided 
    construction, shall be conducted in a manner which will minimize the 
    impact on preserve resources.

    (3) The Secretary shall prepare within one hundred and eighty days 
after October 31, 1994, in consultation with the Southern California 
Edison Company, plans for emergency access by the Southern California 
Edison Company to its rights-of-way.

(b) Pipeline capacity

    (1) Nothing in this part shall have the effect of terminating any 
validly issued right-of-way, or customary operation, maintenance, 
repair, and replacement activities in such right-of-way; prohibiting the 
upgrading of and construction on existing facilities in such right-of-
way for the purpose of increasing the capacity of the existing pipeline; 
or prohibiting the renewal of such right-of-way issued, granted, or 
permitted to the Southern California Gas Company, its successors or 
assigns, which is located on lands included in the Mojave National 
Preserve, but outside lands designated as wilderness under section 
601(a)(3). Such activities shall be conducted in a manner which will 
minimize the impact on preserve resources.
    (2) The Secretary shall prepare within one hundred and eighty days 
after October 31, 1994, in consultation with the Southern California Gas 
Company, plans for emergency access by the Southern California Gas 
Company to its rights-of-way.

(c) Communications cables or lines

    Nothing in this part shall have the effect of terminating any 
validly issued right-of-way or customary operation, maintenance, repair, 
and replacement activities of existing facilities issued, granted, or 
permitted for communications cables or lines, which are located on lands 
included in the Mojave National Preserve, but outside lands designated 
as wilderness under section 601(a)(3). Such activities shall be 
conducted in a manner which will minimize the impact on preserve 
resources.

(d) Other rights-of-way

    Nothing in this part shall have the effect of terminating any 
validly issued right-of-way or customary operation, maintenance, repair, 
and replacement activities of existing facilities issued, granted, or 
permitted to Molybdenum Corporation of America; Molycorp, Incorporated; 
or Union Oil Company of California (d/b/a Unocal Corporation); or its 
successors or assigns, or prohibiting renewal of such right-of-way, 
which is located on lands included in the Mojave National Preserve, but 
outside lands designated as wilderness under section 601(a)(3). Such 
activities shall be conducted in a manner which will minimize the impact 
on preserve resources.

(Pub. L. 103-433, title V, Sec. 511, Oct. 31, 1994, 108 Stat. 4492.)

                       References in Text

    Section 601(a)(3), referred to in text, is section 601(a)(3) of Pub. 
L. 103-433, which enacted provisions listed in a table of Wilderness 
Areas set out under section 1132 of this title.
