43 USC 1764 - General requirements

U.S Code last checked for updates: Nov 25, 2024

§ 1764.

General requirements

(a)

Boundary specifications; criteria; temporary use of additional lands

(b)

Terms and conditions of right-of-way or permit

(c)

Applicability of regulations or stipulations

(d)

Submission of plan of construction, operation, and rehabilitation by new project applicants; plan requirements

(e)

Regulatory requirements for terms and conditions; revision and applicability of regulations

(f)

Removal or use of mineral and vegetative materials

(g)

Rental payments; amount, waiver, etc.

(h)

Liability for damage or injury incurred by United States for use and occupancy of rights-of-way; indemnification of United States; no-fault liability; amount of damages

(1)

The Secretary concerned shall promulgate regulations specifying the extent to which holders of rights-of-way under this subchapter shall be liable to the United States for damage or injury incurred by the United States caused by the use and occupancy of the rights-of-way. The regulations shall also specify the extent to which such holders shall indemnify or hold harmless the United States for liabilities, damages, or claims caused by their use and occupancy of the rights-of-way.

(2)

Any regulation or stipulation imposing liability without fault shall include a maximum limitation on damages commensurate with the foreseeable risks or hazards presented. Any liability for damage or injury in excess of this amount shall be determined by ordinary rules of negligence.

(i)

Bond or security requirements

(j)

Criteria for grant, issue, or renewal of right-of-way

(Pub. L. 94–579, title V, § 504, Oct. 21, 1976, 90 Stat. 2778; Pub. L. 98–300, May 25, 1984, 98 Stat. 215; Pub. L. 99–545, § 2, Oct. 27, 1986, 100 Stat. 3048; Pub. L. 104–333, div. I, title X, § 1032(a), Nov. 12, 1996, 110 Stat. 4239.)

cite as: 43 USC 1764