In order to minimize adverse environmental impacts and the proliferation of separate rights-of-way, the utilization of rights-of-way in common shall be required to the extent practical, and each right-of-way or permit shall reserve to the Secretary concerned the right to grant additional rights-of-way or permits for compatible uses on or adjacent to rights-of-way granted pursuant to this Act. In designating right-of-way corridors and in determining whether to require that rights-of-way be confined to them, the Secretary concerned shall take into consideration national and State land use policies, environmental quality, economic efficiency, national security, safety, and good engineering and technological practices. The Secretary concerned shall issue regulations containing the criteria and procedures he will use in designating such corridors. Any existing transportation and utility corridors may be designated as transportation and utility corridors pursuant to this subsection without further review.
Notes of Decisions
Garfield Cnty. v. United States, 2017 UT 41 (Utah 2017).
· cites it 2× “” 43 U.S.C. § 1763 (2013). One commentator estimates that the “BLM has granted thousands of routes under this formal process.”
S. Utah Wilderness All. v. Bureau of Land Mgmt., 147 F. Supp. 2d 1130 (D. Utah 2001).
· cites it 2× “Since the passage of FLPMA, a right-of-way on federal land must be granted by the BLM, which must base its decision on considerations of “national and State land use policies, environmental quality, economic efficiency, national security, safety and good engineering and…”
Kern v. United States Bureau of Land Mgmt., 38 F. Supp. 2d 1174 (D. Or. 1999).
· cites it 2× “Plaintiffs cite 43 U.S.C. § 1763 for the proposition that BLM must consider the POC issue before issuing the right of way.”
Citizens for a Better Henderson v. Hodel, 768 F.2d 1051 (9th Cir. 1985).
· cites it 2× “Section 503 of the Federal Land Policy Management Act, 43 U.S.C. § 1763 , provides for the establishment of right-of-way corridors.”
Columbia Basin Land Prot. Ass'n v. Schlesinger, 643 F.2d 585 (9th Cir. 1981).
“43 U.S.C. § 1763 (1976). The Landowners contend the permit is void under this section because the BLM limited its inquiry solely to the impact the right-of-way would have on Ringold Island.”
Conserve Sw. Utah v. U.S. Dep't of the Interior (D.D.C. 2026).
“In addressing the authorization of ROWs on public lands, the FLPMA directs the Secretary to “take into consideration national and State land use policies,” 43 U.S.C. § 1763 , and, more generally, requires the Secretary to manage public lands such as the Red Cliffs NCA “in…”
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