U.S. CODE

U.S. Code

§ 1765. Terms and conditions

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.

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