U.S. Code » Title 43 » Chapter CHAPTER 35— FEDERAL LAND POLICY AND MANAGEMENT › Subchapter SUBCHAPTER V— RIGHTS-OF-WAY

43 U.S.C. § 1767

Rights-of-way for Federal departments and agencies

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(a) The Secretary concerned may provide under applicable provisions of this subchapter for the use of any department or agency of the United States a right-of-way over, upon, under or through the land administered by him, subject to such terms and conditions as he may impose.(b) Where a right-of-way has been reserved for the use of any department or agency of the United States, the Secretary shall take no action to terminate, or otherwise limit, that use without the consent of the head of such department or agency.(Pub. L. 94–579, title V, § 507, Oct. 21, 1976, 90 Stat. 2781.)Executive DocumentsTransfer of Functions

See note set out under section 1763 of this title.

Notes of Decisions
Cited in 4 cases, 1981–1989 · leading case: State of Nev. v. Burford, 708 F. Supp. 289 (D. Nev. 1989).
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State of Nev. v. Burford, 708 F. Supp. 289 (D. Nev. 1989). “(#15, at 7-11) See also 43 U.S.C. § 1767 ("Rights of way for Federal departments and agencies”), cross referenced with 43 U.”
Columbia Basin Land Prot. Ass'n v. Schlesinger, 643 F.2d 585 (9th Cir. 1981). “43 U.S.C. § 1767 (1976) (emphasis added).”
Citizens & Landowners v. Sec'y, United States Dep't of Energy, 513 F. Supp. 257 (D.S.D. 1981). “WAPA has received a permit to cross these lands from the United States Bureau of Land Management and the United States Forest Service pursuant to 43 U.S.C. § 1767 . Under 43 U.S.C. § 1765 , each right of way granted under FLPMA is required to contain terms and conditions which…”
Montana v. Johnson, 738 F.2d 1074 (9th Cir. 1984). “Section 507(a) of FLPMA, 43 U.S.C. § 1767 (a) (1976), authorizes the Secretaries of Interior and Agriculture to provide rights-of-way to federal agencies "under applicable provisions of this subchapter”; § 505(a)(iv) is an "applicable provision” and accordingly applies to…”
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