43 U.S.C. § 959

Rights of way for electrical plants, etc.

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That the Secretary of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of rights of way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant national parks, California, for electrical plants, poles, and lines for the generation and distribution of electrical power, and for telephone and telegraph purposes, and for canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits, and for water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses to the extent of the ground occupied by such canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted hereunder, and not to exceed fifty feet on each side of the marginal limits thereof, or not to exceed fifty feet on each side of the center line of such pipes and pipe lines, electrical, telegraph, and telephone lines and poles, by any citizen, association, or corporation of the United States, where it is intended by such to exercise the use permitted hereunder or any one or more of the purposes herein named: Provided, That such permits shall be allowed within or through any of said parks or any forest, military, Indian, or other reservation only upon the approval of the chief officer of the Department under whose supervision such park or reservation falls and upon a finding by him that the same is not incompatible with the public interest: Provided further, That all permits given hereunder for telegraph and telephone purposes shall be subject to the provisions of title sixty-five of the Revised Statutes of the United States, and amendments thereto, regulating rights of way for telegraph companies over the public domain: And provided further, That any permission given by the Secretary of the Interior under the provisions of this Act may be revoked by him or his successor in his discretion, and shall not be held to confer any right, or easement, or interest in, to, or over any public land, reservation, or park.

Notes of Decisions

Cited in 22 cases, 1930–2009 · leading case: United States v. New Mexico

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United States v. New Mexico (1978) scotus · cites it 2× “; Right-of-Way Permit Act of 1901, 43 U. S. C. § 959 ; Forest Right-of-Way Act of 1905, 16 U.”

United States v. Oklahoma Gas & Electric Co. (1943) scotus · cites it 2× “790 , 43 U. S. C. § 959 ; 36 Stat. 1235 , 1253, 43 U.”

Hyrup v. Kleppe (1976) cod · cites it 2× “§ 946 , and the Act of February 15, 1901, 43 U.S.C. § 959 . In short, the final decision was that Mr.”

Nebraska Public Power District v. 100.95 Acres of Land (1982) ned · cites it 3× “790 , 43 U.S.C.A. § 959 ; 36 Stat. 1253 , 43 U.”

The Wilderness Society v. Rogers C. B. Morton, Secretary of the Interior (1973) cadc “See also 43 U.S.C. § 959 (1970), which authorizes the Secretary of the Interior to “permit the use of rights of way through the public lands” but then further provides that “any permission given by the Secretary * * * may be revoked by him * * « in his discretion, and shall not…”

Hage v. United States (2002) uscfc “§ 956 ; and Act of 1901, 43 U.S.C. § 959 . In addition, there was undisputed testimony at trial about the historic use of these ditches for livestock watering and irrigation.”

Grindstone Butte Project, a Tenancy in Common v. Thomas S. Kleppe, Secretary of the Interior (1981) ca9 “Additionally, the Secretary argues that the Act of February 15, 1901, 43 U.S.C. § 959 (1901 Act), 3 and the National Environmental Policy Act of 1969, 42 U.”

United States v. Gates of the Mountains Lakeshore Homes, Inc., and Mountain States Telephone & Telegraph Company, Defend (1984) ca9 “) and 43 U.S.C. § 959 (1970 ed.), repealed in relevant part by Pub.”

Walker v. United States (2005) uscfc “§ 956 ; and Act of 1901, 43 U.S.C. § 959 ). In addition, that decision observed that “[t]he Act’s legislative history shows that Congress believed that Western Water and easements law generally allowed a right-of-way for 50 feet on both sides of a ditch.”

Pine River Irrigation District v. United States (2009) cod “790 (codified at 43 U.S.C. § 959 )); Lee, 110 P. at 612-13 (Abbott, J.”

The Chemehuevi Tribe of Indians v. Federal Power Commission, Arizona Public Service Company, Intervenors (1973) cadc “790 , as amended, 43 U.S.C. § 959 (1970). This legislation superseded the legislation of 1896 (see note 37 and accompanying text).”

Nevada Power Co. v. Watt (1981) utd “2 Since the components of the Allen-Warner Valley Energy System are to be located primarily on federal land, plaintiff and other participants in the Energy System have applied to the Bureau of Land Management for various rights-of-way, as required by 43 U.S.C. §§ 959 and 961,…”

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