77 



of highways on such lands to carry out this section. 

 Highways constructed or reconstructed by a State 

 pursuant to this section which are not on a Federal- 

 aid system, and highways constructed or recon- 

 structed under this subsection, shall be subject to the 

 criteria applicable to highways constructed or re- 

 constructed pursuant to subsection (c) of this sec- 

 tion. Funds authorized pursuant to subsection 'g) 

 shall be used to pay the entire cost of construction 

 or reconstruction pursuant to the first sentence of 

 this subsection. 



(g) There is authorized to be appropriated to 

 carry out this section, out of the Highway Trust 

 Fund, for construction or reconstruction of roads 



on a Federal-aid highway system, not to exceed 

 $10,000,000 for the fiscal year ending June 30, 1974. 

 $25,000,000 for the fiscal year ending June 30, 1975. 

 and $25,000,000 for the fiscal year ending June 30. 

 1976. for allocations to the States pursuant to this 

 section, and there is authorized to be appropriated 

 to carry out this section out of any money in the 

 Treasury not otherwise appropriated, not to exceed 

 $10,000,000 for each of the fiscal years ending 

 June 30, 1974, June 30. 1975, and June 30, 1976, for 

 construction and reconstruction of roads not on a 

 Federal-aid highway system. (Added Pub. L. 93-87, 

 title I, § 129(b). Aug. 13, 1973, 87 Stat. 265.) 



6. Easements for Rights-of-way 

 10 US.C. 2668, 2669 



(a) If the Secretary of a military department 

 finds that it will not be against the public interest, 

 he may grant, upon such terms as he considers 

 advisable, easements for rights-of-way over, in. 

 and upon public lands permanently withdrawn or 

 reserved for the use of that department, and other 

 lands under his control, to a State. Territory. Com- 

 monwealth, or possession, or political subdivision 

 thereof, or to a citizen, association, partnership, or 

 corporation of a State. Territory. Commonwealth, or 

 possession, for — 



(1) railroad tracks; 



(2) oil pipelines; 



(3) substations for electric power transmission 

 lines, telephone lines, and telegraph lines, and 

 pumping stations for gas, water, sewer, and oil 

 pipe lines; 



(4) canals; 



(5) ditches; 



(6) flumes; 



(7) tunnels; 



(8) dams and reservoirs in connection with flsh 

 and wildlife programs, flsh hatcheries, and other 

 improvements relating to flsh-culture; 



(9) roads and streets; and 



(10) any other purpose that he considers ad- 

 visable, except a purpose covered by section 2669 

 of this title or by section 961 of title 43. 



(b) No easement granted under this section may 

 include more land than is necessary for the ease- 

 ment. 



(c) The Secretary of the military department 

 concerned may terminate all or part of any easement 

 granted under this section for — 



(1) failure to comply with the terms of the 

 grant; 



(2) nonuse for a two-year period; or 



(3) abandonment. 



(d) Copies of instruments granting easements 

 over public lands under this section shall be 

 furnished to the Secretary of the Interior. (Aug. 

 10. 1956. ch. 1041. 70A Stat. 150.) 



Historical and Revision Notes 



In subsection (a), the word "conditions" Is omitted as 

 covered by the word "terms". The description of the 

 persons covered In the opening paragraph and the lands 

 covered In clauses (1)— (10) Is restated to reflect an 

 opinion of the Judge Advocate General of the ^my 

 (JAGR 1952/3179. 27 Mar. 1952). The exceptions to 

 clause (10) make express the fact that the revised section 

 does not cover certain easenrents authorized by earlier 

 law. The word "over" includes the word "across". The 

 words "of the United States", "and empowered", "acquired 

 lands", "Jurisdiction and", and "municipality" are omit- 

 ted as surplusage. The word "Commonwealth" Is 

 Inserted to reflect the present status of Puerto Rico. 



In subsection (b), the words "for the easement" are 

 substituted for_ the words "for the purpose for which 

 granted". 



In subsections (b) and (c), the word "easement" Is 

 substituted for the word "rights-of-way". 



In subsection (c), the word "terminate" is substituted 

 for the words "annulled and forfeited". The words "and 

 conditions" are omitted as covered by the word "terms". 

 The words "two-year period" are substituted for the 

 words "a period of two consecutive years". The words 

 "of rights granted under authority hereof" are omitted 

 as surplusage. 



§2669. Easements for rights-of-way: gas, water, sewer 

 pipe lines. 

 (a) If the Secretary of a military department 

 finds that it will be in the public interest and will 

 not substantially injure the interest of the United 

 States in the property affected, he may grant, upon 

 such terms as he considers advisable, easements for 

 rights-of-way over, in. and upon public lands per- 

 manently withdrawn or reserved for the use of that 

 department, and other lands under his control, for 

 gas, water, and sewer pipe lines, to a State. Terrl- 



