158 



Title V — Rights-of-Way 



AUTHORIZATION TO GRANT RIGHTS-OF-WAY 



Sec. 501. fa) The Secretary, with respect to the 

 public lands and, the Secretary of Agriculture, with 

 respect to lands within the National Forest System 

 'except in each case land designated as wilder- 

 ness), are authorized to grant, issue, or renew 

 rights-of-way over, upon, under, or through such 

 lands for — 



(1) reservoirs, canals, ditches, flumes, laterals, 

 pipes, pipelines, tunnels, and other facilities and 

 systems for the impoundment, storage, transpor- 

 tation, or distribution of water; 



(2) pipelines and other systems for the trans- 

 portation or distribution of liquids and gases, 

 other than water and other than oil, natural gas, 

 synthetic liquid or gaseous fuels, or any refined 

 product produced therefrom, and for storage and 

 terminal facilities in connection therewith: 



(3) pipelines, slurry and emulsion systems, 

 and conveyor belts for transportation and dis- 

 tribution of solid materials, and facilities for the 

 storage of such materials In connection there- 

 with; 



(4) systems for generation, transmission, and 

 distribution of electric energy, except that the 

 applicant shall also comply with all applicable 

 requirements of the Federal Power Commission 

 under the Federal Power Act of 1935 f49 Stat. 

 847; 16U.S.C. 791) ; 



(5) systems for transmission or reception of 

 radio, television, telephone, telegraph, and other 

 electronic signals, and other means of communi- 

 cation; 



(6) roads, trails, highways, railroads, canals, 

 tunnels, tramways, airways, livestock drive- 

 ways, or other means of transportation except 

 where such facilities are constructed and main- 

 tained in connection with commercial recrea- 

 tion facilities on lands in the National Forest 

 System; or 



(7) such other necessary transportation or 

 other systems or facilities which are in the pub- 

 lic interest and which require rights-of-way 

 over, upon, under, or through such lands, 

 (b)'!) The Secretary concerned shall require, 



prior to granting, issuing, or renewing a right-of- 

 way, that the applicant submit and disclose those 

 plans, contracts, agreements, or other information 

 reasonably related to the use, or intended use, of 

 the right-of-way, including its effect on competi- 

 tion, which he deems necessary to a determination, 

 in accordance with the provisions of this Act, as to 

 whether a right-of-way shall be granted, issued, or 

 renewed and the terms and conditions which 

 should be included in the right-of-way. 



<2) If the applicant is a partnership, corpora- 

 tion, association, or other business entity, the Sec- 

 retary concerned, prior to granting a right-of-way 

 pursuant to this title, shall require the applicant 

 to disclose the identity of the participants in the 



entity, when he deems it necessary to a determina- 

 tion, in accordance with the provisions of this title, 

 as to whether a right-of-way shall be granted, 

 issued, or renewed and the terms and conditions 

 which should be included in the right-of-way. 

 Such disclosures shall include, where applicable: 

 fA) the name and address of each partner; (B) 

 the name and address of each shareholder owning 

 3 per centum or more of the shares, together with 

 the number and percentage of any class of voting 

 shares of the entity which such shareholder is 

 authorized to vote; and (C) the name and address 

 of each affiliate of the entity together with, in the 

 case of an affiliate controlled by the entity, the 

 number of shares and the percentage of any class 

 of voting stock of that afRliate owned, directly or 

 indirectly, by that entity, and, in the case of an 

 affiliate which controls that entity, the number of 

 shares and the percentage of any class of voting 

 stock of that entity owned, directly or indirectly, 

 by the affiliate. 



COST-SHARE ROAD AUTHORIZATION 



Sec 502. <&) The Secretary, with respect to the 

 public lands, is authorized to provide for the ac- 

 quisition, construction, and maintenance of roads 

 within and near the public lands in locations and 

 according to specifications which will permit maxi- 

 mum economy in harvesting timber from such 

 lands tributary to such roads and at the same time 

 meet the requirements for protection, develop- 

 ment, and management of such lands for utiliza- 

 tion of the other resources thereof. Financing of 

 such roads may be accomplished fl) by the Sec- 

 retary utilizing appropriated funds, (2) by re- 

 quirements on purchasers of timber and other 

 products from the public lands, including provi- 

 sions for amortization of road costs in contracts, 

 (3t by cooperative financing with other public 

 agencies and with private agencies or persons, or 

 (4) by a combination of these methods: Provided. 

 That, where roads of a higher standard than that 

 needed in the harvesting and removal of the tim- 

 ber and other products covered by the particular 

 sale are to be constructed, the purchaser of timber 

 and other products from public lands are not, ex- 

 cept when the provisions of the second proviso of 

 this subsection apply, be required to bear that part 

 of the costs necessary to meet such higher stand- 

 ard, and the Secretary is authorized to make such 

 arrangements to this end as may be appropriate: 

 Provided further. That when timber is offered with 

 the condition that the purchaser thereof will build 

 a road or roads in accordance with standards 

 specified in the offer, the purchaser of the timber 

 will be responsible for paying the full costs of con- 

 struction of such roads. 



(b) Copies of all instruments affecting perma- 

 nent interests in land executed pursuant to this 

 section shall be recorded in each county where the 

 lands are located. 



(c) The Secretary may require the user or users 

 of a road, trail, land, or other facility administered 



