
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: 16USC420]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
                 SUBCHAPTER LX--NATIONAL MILITARY PARKS
 
Sec. 420. Rights-of-way through military and other reservations 
        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 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, military 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 such 
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 right-of-way in national parks and 
other reservations, is also set out as section 5 of this title; insofar 
as it relates to rights-of-way in national forests, is set out as 
section 523 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.
