43 U.S.C. § 1765

Terms and conditions

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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.)Editorial NotesReferences in Text

This Act, referred to in par. (a), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

Executive DocumentsTransfer of Functions

See note set out under section 1763 of this title.

Notes of Decisions

Cited in 18 cases (2 in the last 5 years), 1981–2023 · leading case: Desert Prot. Council v. United States Dep't of the Interior, 927 F. Supp. 2d 949 (S.D. Cal. 2013).

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Desert Prot. Council v. United States Dep't of the Interior, 927 F. Supp. 2d 949 (S.D. Cal. 2013). · cites it 7× “First, they contend that the BLM violated 43 U.S.C. § 1765 (a)(iv) which requires the Project to comply with the more stringent state standards for environmental protection.”

Trout Unlimited v. United States Dep't of Agric., 320 F. Supp. 2d 1090 (D. Colo. 2004). · cites it 2× “Congress’ grant of authority included' the obligation to include terms and conditions in each right-of-way which will, inter alia, “minimize damage to scenic and esthetic values and fish and wildlife habitat and otherwise protect the environment.”

United States v. Jenks, 804 F. Supp. 232 (D.N.M. 1992). · cites it 2× “43 U.S.C. § 1765 . Finally, FLPMA contained a savings provision which stated: “Nothing in this Act, or in any amendment made by this Act, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on the…”

Grindstone Butte Proj., a Tenancy in Common v. Thomas S. Kleppe, Sec'y of the Interior, 638 F.2d 100 (9th Cir. 1981). “43 U.S.C. § 1765 . The 1976 Act, which revised the laws concerning rights-of-way over federal lands, repealed the Acts of 1891 and 1901, and other right-of-way statutes.”

City & Cnty. of Denver, Etc. v. Bergland, 517 F. Supp. 155 (D. Colo. 1981). “But as a matter of federal law the FLPMA requires “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…”

Columbia Basin Land Prot. Ass'n v. Schlesinger, 643 F.2d 585 (9th Cir. 1981). · cites it 2× “43 U.S.C. § 1765 (1976). Landowners claim that a number of requirements of § 505 were not met.”

Citizens & Landowners v. Sec'y, United States Dep't of Energy, 513 F. Supp. 257 (D.S.D. 1981). “Under 43 U.S.C. § 1765 , each right of way granted under FLPMA is required to contain terms and conditions which will .”

Nat'l Ski Areas Ass'n v. United States Forest Serv., 910 F. Supp. 2d 1269 (D. Colo. 2012). “§§ 528-531 (authorizing the Secretary of Agriculture to develop and administer the surface resources of the national forests to provide for five multiple uses, including “outdoor recreation, “in perpetuity”); see also Federal Land Policy and Management Act (“FLPMA”), 43 U.S.C. §…”

Rocky Mountain Oil & Gas Ass'n v. Watt, 696 F.2d 734 (10th Cir. 1982). “43 U.S.C. § 1765 . Section 603(c) establishes the standards for lands under wilderness review.”

Citizens for a Better Henderson v. Hodel, 768 F.2d 1051 (9th Cir. 1985). “For example, § 505 of the Federal Land Policy and Management Act, 43 U.S.C. § 1765 (a)(iv), provides that every right-of-way must conform to state “siting, construction, operation, and maintenance” standards which are more stringent than equivalent federal standards.”

Montana v. Johnson, 738 F.2d 1074 (9th Cir. 1984). “CANBY, Circuit Judge: Montana sued for a declaration that § 505(a)(iv) of the Federal Land Policy Management Act (FLPMA), 43 U.S.C. § 1765 (a)(iv) (1976), requires the Bonneville Power Administration (BPA) to obtain state certification before it constructs a ninety-mile power…”

Citizens & Landowners Against the Miles City/New Underwood Powerline v. Sec'y, United States Dep't of Energy, 683 F.2d 1171 (8th Cir. 1982). · cites it 4× “§ 7113 , and Section 505 of the Federal Land Policy and Management Act (hereafter FLMPA), 43 U.S.C. § 1765 , evince the necessary congressional intent to require WAPA to comply with South Dakota’s siting law.”

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