
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: 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.
