159 



by him through the Bureau, including purchasers 

 of Government timber and other products, to 

 maintain such facilities in a satisfactory condition 

 commensurate with the particular use require- 

 ments of each. Such maintenance to be borne by 

 each user shall be proportionate to total use. The 

 Secretary may also require the user or users of such 

 a facility to reconstruct the same when such recon- 

 struction is determined to be necessary to accom- 

 modate such use. If such maintenance or recon- 

 struction cannot be so provided or if the Secretary 

 determines that maintenance or reconstruction by 

 a user would not be practical, then the Secretary- 

 may require that sufficient funds be deposited by 

 the user to provide his portion of such total main- 

 tenance or reconstruction. Deposits made to cover 

 the maintenance or reconstruction of roads are 

 hereby made available until expended to cover the 

 cost to the United States of accomplishing the 

 purposes for which deposited: Provided, That de- 

 posits received for work on adjacent and overlap- 

 ping areas may be combined when it is the most 

 practicable and efficient manner of performing the 

 work, and cost thereof may be determined by esti- 

 mates: And provided further. That unexpended 

 balances upon accomplishment of the purpose for 

 which deposited shall be transferred to miscel- 

 laneous receipts or refunded. 



(d) Whenever the agreement under which the 

 United States has obtained for the use of, or in 

 connection with, the public lands a right-of-way 

 or easement for a road or an existing road or the 

 right to use an existing road provides for delayed 

 payments to the Government's grantor, any fees 

 or other collections received by the Secretary for 

 the use of the road may be placed in a fund to be 

 available for making payments to the grantor. 



RIGHT-OF-WAY CORRIDORS 



Sec. 503. In order to minimize adverse environ- 

 mental impacts and the proliferation of separate 

 rights-of-way, the utilization of rights-of-way in 

 common shall be required to the extent practical, 

 and each right-of-way or permit shall reserve to 

 the Secretary concerned the right to grant addi- 

 tional rights-of-way or permits for compatible uses 

 on or adjacent to rights-of-way granted pursuant 

 to this Act. In designating right-of-way corridors 

 and in determining whether to reouire that rights- 

 of-way be confined to them, the Secretary con- 

 cerned shall take into consideration national and 

 State land use policies, environmental quality, eco- 

 nomic efficiency, national security, safety, and good 

 engineering and technological practices. The Sec- 

 retary concerned shall issue regulations containing 

 the criteria and procedures he will use in designat- 

 ing such corridors. Anv existing transportation and 

 utility corridors may be designated as transporta- 

 tion and utility corridors pursuant to this subsec- 

 tion without further review. 



GENERAL PROVISIONS 



Sec 504. (at The Secretary concerned shall 



specify the boundaries of each right-of-way as pre- 

 cisely as is practical. Each right-of-way shall be 

 limited to the ground which the Secretary con- 

 cerned determines 1 1 1 will be occupied by facilities 

 which constitute the project for which the right-of- 

 way is granted, issued, or renewed. i2» to be neces- 

 sary for the operation or maintenance of the 

 project, (3 1 to be necessary to protect the public 

 safety, and (4i will do no unnecessary damage to 

 the environment. The Secretary concerned may 

 authorize the temporary use of such additional 

 lands as he determines to be reasonably necessary 

 for the construction, operation, maintenance, or 

 termination of the project or a portion thereof, or 

 for access thereto. 



<b) Each right-of-way or permit granted, is- 

 sued, or renewed pursuant to this section shall 

 be limited to a reasonable term in light of all cir- 

 cumstances concerning the project. In determin- 

 ing the duration of a right-of-way the Secretary 

 concerned shall, among other things, take into 

 consideration the cost of the facility, its useful 

 life, and any public purpose it serves. The right- 

 of-way shall specify whether it is or is not renew- 

 able and the terms and conditions applicable to 

 the renewal. 



(c) Rights-of-way shall be granted, issued, or 

 renewed pursuant to this title under such regula- 

 tions or stipulations, consistent with the provi- 

 sions of this title or any other applicable law, and 

 shall also be subject to such terms and conditions 

 as the Secretary concerned may prescribe regard- 

 ing extent, duration, survey, location, construc- 

 tion, maintenance, transfer or assignment, and 

 termination. 



(d> The Secretary concerned prior to granting 

 or issuing a right-of-way pursuant to this title 

 for a new project which may have a significant 

 impact on the environment, shall require the ap- 

 plicant to submit a plan of construction, opera- 

 tion, and rehabilitation for such right-of-way 

 which shall comply with stipulation or with 

 regulations issued by that Secretary, including 

 the terms and conditions required under section 

 505 of this Act. 



ie> The Secretary concerned shall issue regula- 

 tions with respect to the terms and conditions 

 that will be included in rights-of-way pursuant to 

 -section 505 of this title. Such regulations shall be 

 regularly revised as needed. Such regulations 

 shall be applicable to every right-of-way granted 

 or issued pursuant to this title and to any subse- 

 quent renewal thereof, and may be applicable to 

 rights-of-way not granted or Issued, but renewed 

 pursuant to this title. 



<f> Mineral and vegetative materials, including 

 timber, within or without a right-of-way, may be 

 used or disposed of in connection with construction 

 or other purposes only if authorization to remove 

 or use such materials has been obtained pursuant 

 to applicable laws. 



'gi The holder of a right-of-way shall pay 

 annually in advance the fair market value thereof 

 as determined by the Secretary granting, issuing, 

 or renewing such right-of-way: Provided. That 



