160 



when the annual rental is less than $100, the Sec- 

 retary concerned may require advance payment 

 for more than one year at a time: Provided further. 

 That the Secretary concerned may waive rentals 

 where a right-of-way is granted, issued, or renewed 

 in reciprocation for a right-of-way conveyed to the 

 United States in connection with a cooperative cost 

 share program between the United States and the 

 holder. The Secretary concerned may, by regula- 

 tion or prior to promulgation of such regulations, as 

 a condition of a right-of-way, require an applicant 

 for or holder of a right-of-way to reimburse the 

 United States for all reasonable administrative 

 and other costs incured in processing an applica- 

 tion for such right-of-way and in inspection and 

 monitoring of construction, operation, and termi- 

 nation of the facility pursuant to such right-of- 

 way: Provided, however. That the Secretary con- 

 cerned need not secure reimbursement in any sit- 

 uation where there is in existence a cooperative 

 cost share right-of-way program between the 

 United States and the holder of a right-of-way. 

 Rights-of-way may be granted, issued, or renewed 

 to a Federal, State, or local government or any 

 agency or instrumentality thereof, to nonprofit 

 associations or nonprofit corporations which are 

 not themselves controlled or owned by profitmaking 

 corporations or business enterprises, or to a holder 

 where he provides without or at reduced charges a 

 valuable benefit to the public or to the programs of 

 the Secretary concerned, or to a holder in connec- 

 tion with the authorized use or occupancy of Fed- 

 eral land for which the United States is already re- 

 ceiving compensation for such lesser charge, in- 

 cluding free use as the Secretary concerned finds 

 equitable and in the public interests. Such rights- 

 of-way issued at less than fair market value are not 

 assignable except with the approval of the Secre- 

 tary issuing the right-of-way. The moneys received 

 for reimbursement of reasonable costs shall be 

 deposited with the Treasury in a special account 

 and are hereby authorized to be appropriated and 

 made available until expended, 



(h)(1) The Secretary concerned shall promul- 

 gate regulations specifying the extent to which 

 holders of rights-of-way under this title shall be 

 liable to the United States for damage or injuiT 

 incurred by the United States caused by the use 

 and occupancy of the rights-of-way. The regula- 

 tions shall also specify the extent to which such 

 holders shall indemnify or hold harmless the United 

 States for liabilities, damages, or claims caused by 

 their use and occupancy of the rights-of-way. 



(2) Any regulation or stipulation imposing 

 liability without fault shall include a maximum 

 limitation on damages commensurate with the 

 foreseeable risks or hazards presented. Any liabil- 

 ity for damage or injury in excess of this amount 

 shall be determined by ordinary rules of negligence. 



(ii Where he deems it appropriate, the Secre- 

 tary concerned may require a holder of a right-of- 

 way to furnish a bond, or other security, satisfac- 

 tory to him to secure all or any of the obligations 

 imposed by the terms and conditions of the right- 



of-way or by any rule or regulation of the Secre- 

 tary concerned. 



( j » The Secretary concerned shall grant, issue, 

 or renew a right-of-way under this title only when 

 he is satisfied that the applicant has the technical 

 and financial capability to construct the project 

 for which the right-of-way is requested, and in 

 accordance with the requirements of this title. 



TERMS AND CONDITIONS 



Sec. 505. Each right-of-way shall contain — 



(a) terms and conditions which will (ii carry 

 habitat and otherwise protect the environment: 

 out the purposes of this Act and rules and regu- 

 lations issued thereunder; (ii) minimize damage to 

 scenic and esthetic values and fish and wildlife 

 (iii) require compliance with applicable air and 

 water quality standards established by or pursuant 

 to applicable Federal or State law; and (iv) re- 

 quire 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 Fed- 

 eral standards; and 



(b) such terms and conditions as the Secretary 

 concerned deems necessary to (i) protect Federal 

 property and economic interests: (ii) manage effi- 

 ciently 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 prop- 

 erty; (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 re- 

 sources 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 rele- 

 vant factors; and (vi) otherwise protect the public 

 interest in the lands traversed by the right-of-way 

 or adjacent thereto. 



SUSPENSION OR TERMINATION OF RIGHT-OF-WAY 



Sec. 506. Abandonment of a right-of-way or 

 noncompliance with any provision of this title, 

 condition of the right-of-way, or applicable rule 

 or regulation of the Secretary concerned may be 

 grounds for suspension or termination of the 

 right-of-way if, after due notice to the holder of 

 the right-of-way and, with respect to ease- 

 ments, an appropriate administrative proceeding 

 pursuant to section 554 of title 5 of the United 

 States Code, the Secretary concerned determines 

 that any such ground exists and that suspension 

 or termination is justified. No administrative pro- 

 ceeding shall be required where the right-of-way 

 by its terms provides that it terminates on the 

 occurrence of a fixed or agreed-upon condition, 

 event, or time. If the Secretary concerned deter- 

 mines that an immediate temporary suspension of 

 activities within a right-of-way for violation of its 

 terms and conditions is necessary to protect public 

 health or safety or the environment, he may abate 



