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U.S Code last checked for updates: Nov 22, 2024
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Title 43
Chapter 35
Subchapter V
§ 1764. General requirements...
§ 1766. Suspension or terminatio...
§ 1764. General requirements...
§ 1766. Suspension or terminatio...
U.S. Code
Notes
§ 1765.
Terms and conditions
Each right-of-way shall contain—
(a)
terms and conditions which will (i) carry out the purposes of this Act and rules and regulations issued thereunder; (ii) minimize damage to scenic and esthetic values and fish and wildlife habitat and otherwise protect the environment; (iii) require compliance with applicable air and water quality standards established by or pursuant to applicable Federal or State law; and (iv) require compliance with State standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance of or for rights-of-way for similar purposes if those standards are more stringent than applicable Federal standards; and
(b)
such terms and conditions as the Secretary concerned deems necessary to (i) protect Federal property and economic interests; (ii) manage efficiently the lands which are subject to the right-of-way or adjacent thereto and protect the other lawful users of the lands adjacent to or traversed by such right-of-way; (iii) protect lives and property; (iv) protect the interests of individuals living in the general area traversed by the right-of-way who rely on the fish, wildlife, and other biotic resources of the area for subsistence purposes; (v) require location of the right-of-way along a route that will cause least damage to the environment, taking into consideration feasibility and other relevant factors; and (vi) otherwise protect the public interest in the lands traversed by the right-of-way or adjacent thereto.
(
Pub. L. 94–579, title V, § 505
,
Oct. 21, 1976
,
90 Stat. 2780
.)
cite as:
43 USC 1765
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