16 U.S.C. § 1248 : US Code - Section 1248: Easements and rights-of-way

Search 16 U.S.C. § 1248 : US Code - Section 1248: Easements and rights-of-way

(a) Authorization; conditions
The Secretary of the Interior or the Secretary of Agriculture as
the case may be, may grant easements and rights-of-way upon, over,
under, across, or along any component of the national trails system
in accordance with the laws applicable to the national park system
and the national forest system, respectively: Provided, That any
conditions contained in such easements and rights-of-way shall be
related to the policy and purposes of this chapter.
(b) Cooperation of Federal agencies with Secretary of the Interior
and Secretary of Agriculture
The Department of Defense, the Department of Transportation, the
Surface Transportation Board, the Federal Communications
Commission, the Secretary of Energy, and other Federal agencies
having jurisdiction or control over or information concerning the
use, abandonment, or disposition of roadways, utility rights-of-
way, or other properties which may be suitable for the purpose of
improving or expanding the national trails system shall cooperate
with the Secretary of the Interior and the Secretary of Agriculture
in order to assure, to the extent practicable, that any such
properties having values suitable for trail purposes may be made
available for such use.
(c) Abandoned railroad grants; retention of rights
Commencing October 4, 1988, any and all right, title, interest,
and estate of the United States in all rights-of-way of the type
described in section 912 of title 43, shall remain in the United
States upon the abandonment or forfeiture of such rights-of-way, or
portions thereof, except to the extent that any such right-of-way,
or portion thereof, is embraced within a public highway no later
than one year after a determination of abandonment or forfeiture,
as provided under such section.
(d) Location, incorporation, and management
(1) All rights-of-way, or portions thereof, retained by the
United States pursuant to subsection (c) of this section which are
located within the boundaries of a conservation system unit or a
National Forest shall be added to and incorporated within such unit
or National Forest and managed in accordance with applicable
provisions of law, including this chapter.
(2) All such retained rights-of-way, or portions thereof, which
are located outside the boundaries of a conservation system unit or
a National Forest but adjacent to or contiguous with any portion of
the public lands shall be managed pursuant to the Federal Land
Policy and Management Act of 1976 [43 U.S.C. 1701 et seq.] and
other applicable law, including this section.
(3) All such retained rights-of-way, or portions thereof, which
are located outside the boundaries of a conservation system unit or
National Forest which the Secretary of the Interior determines
suitable for use as a public recreational trail or other
recreational purposes shall be managed by the Secretary for such
uses, as well as for such other uses as the Secretary determines to
be appropriate pursuant to applicable laws, as long as such uses do
not preclude trail use.
(e) Release and quitclaim; conditions; sale; proceeds
(1) The Secretary of the Interior is authorized where appropriate
to release and quitclaim to a unit of government or to another
entity meeting the requirements of this subsection any and all
right, title, and interest in the surface estate of any portion of
any right-of-way to the extent any such right, title, and interest
was retained by the United States pursuant to subsection (c) of
this section, if such portion is not located within the boundaries
of any conservation system unit or National Forest. Such release
and quitclaim shall be made only in response to an application
therefor by a unit of State or local government or another entity
which the Secretary of the Interior determines to be legally and
financially qualified to manage the relevant portion for public
recreational purposes. Upon receipt of such an application, the
Secretary shall publish a notice concerning such application in a
newspaper of general circulation in the area where the relevant
portion is located. Such release and quitclaim shall be on the
following conditions:
(A) If such unit or entity attempts to sell, convey, or
otherwise transfer such right, title, or interest or attempts to
permit the use of any part of such portion for any purpose
incompatible with its use for public recreation, then any and all
right, title, and interest released and quitclaimed by the
Secretary pursuant to this subsection shall revert to the United
States.
(B) Such unit or entity shall assume full responsibility and
hold the United States harmless for any legal liability which
might arise with respect to the transfer, possession, use,
release, or quitclaim of such right-of-way.
(C) Notwithstanding any other provision of law, the United
States shall be under no duty to inspect such portion prior to
such release and quitclaim, and shall incur no legal liability
with respect to any hazard or any unsafe condition existing on
such portion at the time of such release and quitclaim.
(2) The Secretary is authorized to sell any portion of a right-of-
way retained by the United States pursuant to subsection (c) of
this section located outside the boundaries of a conservation
system unit or National Forest if any such portion is -
(A) not adjacent to or contiguous with any portion of the
public lands; or
(B) determined by the Secretary, pursuant to the disposal
criteria established by section 203 of the Federal Land Policy
and Management Act of 1976 [43 U.S.C. 1713], to be suitable for
sale.
Prior to conducting any such sale, the Secretary shall take
appropriate steps to afford a unit of State or local government or
any other entity an opportunity to seek to obtain such portion
pursuant to paragraph (1) of this subsection.
(3) All proceeds from sales of such retained rights of way shall
be deposited into the Treasury of the United States and credited to
the Land and Water Conservation Fund as provided in section 460l-5
of this title.
(4) The Secretary of the Interior shall annually report to the
Congress the total proceeds from sales under paragraph (2) during
the preceding fiscal year. Such report shall be included in the
President's annual budget submitted to the Congress.
(f) "Conservation system unit" and "public lands" defined
As used in this section -
(1) The term "conservation system unit" has the same meaning
given such term in the Alaska National Interest Lands
Conservation Act (Public Law 96-487; 94 Stat. 2371 et seq.),
except that such term shall also include units outside Alaska.
(2) The term "public lands" has the same meaning given such
term in the Federal Land Policy and Management Act of 1976 [43
U.S.C. 1701 et seq.].