That the head of the department having jurisdiction over the lands be, and he hereby is, authorized and empowered, under general regulations to be fixed by him, to grant an easement for rights-of-way, for a period not exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands, national forests, and reservations of the United States for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for communication purposes, and for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to the extent of two hundred feet on each side of the center line of such lines and poles and not to exceed four hundred feet by four hundred feet for radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to any citizen, association, or corporation of the United States, where it is intended by such to exercise the right-of-way herein granted for any one or more of the purposes herein named: Provided, That such right-of-way shall be allowed within or through any national park, national forest, military, Indian, or any other reservation only upon the approval of the chief officer of the department under whose supervision or control such reservation falls, and upon a finding by him that the same is not incompatible with the public interest: Provided further, That all or any part of such right-of-way may be forfeited and annulled by declaration of the head of the department having jurisdiction over the lands for nonuse for a period of two years or for abandonment.
That any citizen, association, or corporation of the United States to whom there has heretofore been issued a permit for any of the purposes specified herein under any existing law, may obtain the benefit of this Act upon the same terms and conditions as shall be required of citizens, associations, or corporations hereafter making application under the provisions of this statute.
Notes of Decisions
Tele-Commc'ns of Key West, Inc. v. United States of Am., 757 F.2d 1330 (D.C. Cir. 1985).
· cites it 2× “§ 420 (1982); 43 U.S.C. § 961 (1982). 5 Although the content of this argument is not entirely clear, it appears to break down into one purely statutory claim — that the Air Force, by granting an easement to one party, granted an easement to any party desiring one — and one…”
Utah Power & Light Co. v. Rogers C. B. Morton, 504 F.2d 728 (9th Cir. 1974).
· cites it 7× “1-l(a) (5) (1971), enacted pursuant to 43 U.S.C. § 961 . On January 5, 1969, appellant Utah Power and Light Company (hereinafter “Utah Power”) filed an application for a right-of-way across 2.”
The Wilderness Soc'y v. Rogers C. B. Morton, Sec'y of the Interior, 479 F.2d 842 (D.C. Cir. 1973).
“86 Appellees assert authority to issue rights-of-way for these facilities under 43 U.S.C. § 961 (1970): “The head of the department having jurisdiction over the lands be, and he *879 is, authorized and empowered, under general regulations to be fixed by him, to grant an easement…”
United States v. Rogge, 10 Alaska 130 (D. Alaska 1941).
“1253 , 43 U.S.C.A. § 961 , could be granted over public lands in Alaska.”
United States v. Oklahoma Gas & Elec. Co., 37 F. Supp. 347 (W.D. Okla. 1941).
“1253 , 43 U.S.C.A. § 961 , provides for the granting of a right of way to individuals or corporations for the erection of electrical poles and lines through Indian reservations.”
Salt River Pima-Maricopa Indian Cmty. v. United States, 656 F. Supp. 2d 1106 (D. Ariz. 2009).
“See 43 U.S.C. § 961 . Defendants also cite the common historical usage of perpetual easements and the fact that before 1875 all rights-of-way across Indian lands were granted in fee simple (Doc.”
In re the Dep't of Def. Cable Television Franchise Agreements, 36 Fed. Cl. 171 (Fed. Cl. 1996).
“§ 420 and 43 U.S.C. § 961 , and the government’s traditional prerogative to control access to its own property, are the sources of at least a part of the authority needed to- enter into franchise agreements.”
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