161 



such activities prior to an administrative proceed- 

 ing. Prior to commencing any proceeding to sus- 

 pend or terminate a right-of-way the Secretary 

 concerned shall give written notice to the holder 

 of the grounds for such action and shall give the 

 holder a reasonable time to resume use of the right- 

 of-way or to comply with this title, condition, rule, 

 or regulation as the case may be. Failure of the 

 holder of the right-of-way to use the right-of-way 

 for the purpose for which it was granted, issued, 

 or renewed, for any continuous five-year period, 

 shall constitute a rebuttable presumption of aban- 

 donment of the right-of-way, except that where the 

 failure of the holder to use the right-of-way for 

 the purpose for which it was granted, issued, or 

 renewed for any continuous five-year period is due 

 to circumstances not within the holder's control, 

 the Secretary concerned is not required to com- 

 mence proceedings to suspend or terminate the 

 right-of-way. 



RIGHTS-OF-WAY FOR FEDERAL AGENCIES 



Sec. 507. (a) The Secretary concerned may pro- 

 vide under applicable provisions of this title for the 

 use of any department or agency of the United 

 States a right-of-way over, upon, under or through 

 the land administered by him, subject to such terms 

 and conditions as he may impose. 



(b> Where a right-of-way has been reserved for 

 the use of any department or agency of the United 

 States, the Secretary shall take no action to termi- 

 nate, or otherwise limit, that use without the con- 

 sent of the head of such department or agency. 



CONVEYANCE OF LANDS 



Sec 508. If under applicable law the Secretary 

 concerned decides to transfer out of Federal owner- 

 ship any lands covered in whole or in part by d 

 right-of-way, including a right-of-way granted 

 under the Act of November 16, 1973 (87 Stat. 576; 

 30 U.S.C. 185), the lands may be conveyed subject 

 to the right-of-way : however, if the Secretary con- 

 cerned determines that retention of Federal con- 

 trol over the right-of-way is necessary to assure 

 that the purposes of this title will be carried out, 

 the terms and conditions of the right-of-way com- 

 plied with, or the lands protected, he shall (a) 

 reserve to the United States that portion of the 

 lands which lies within the boundaries of the right- 

 of-way, or (b) convey the lands, including that 

 portion within the boundaries of the right-of-way, 

 subject to the right-of-way and reserving to the 

 United States the right to enforce all or any of 

 the terms and conditions of the right-of-way, in- 

 cluding the right to renew it or extend it upon its 

 termination and to collect rents. 



EXISTING RIGHTS-OF-WAY 



Sec 509. (a> Nothing in this title shall have the 

 sffect of terminating any right-of-way or right-of- 

 use heretofore issued, granted, or permitted. How- 

 ever, with the consent of the holder thereof, the 

 Secretary concerned may cancel such a right-of- 



way or right-of-use and in its stead issue a right- 

 of-way pursuant to the provisions of this title. 



<b) When the Secretary concerned issues a 

 right-of-way under this title for a railroad and 

 appurtenant communication facilities in connec- 

 tion with a realinement of a railroad on lands 

 under his jurisdiction by virtue of a right-of-way 

 granted by the United States, he may, when he con- 

 siders it to be in the public interest and the lands 

 involved are not within an incorporated community 

 and are of approximately equal value, notwith- 

 standing the provisions of this title, provide in the 

 new right-of-way the same terms and conditions 

 as applied to the portion of the existing right-of- 

 way relinquished to the United States with respect 

 to the payment of annual rental, duration of the 

 right-of-way, and the nature of the interest in 

 lands granted. The Secretary concerned or his dele- 

 gate shall take final action upon all applications 

 for the grant, issue, or renewal of rights-of-way 

 under subsection (b* of this section no later than 

 six months after receipt from the applicant of all 

 information required from the applicant by this 

 title. 



EFFECT ON OTHER LAWS 



Sec. 510. (a) Effective on and after the date of 

 approval of this Act, no right-of-way for the pur- 

 poses listed in this title shall be granted, issued, or 

 renewed over, upon, under, or through such lands 

 except under and subject to the provisions, limita- 

 tions, and conditions of this title: Provided, That 

 nothing in this title shall be construed as affecting 

 or modifying the provisions of the Act of October 

 13, igS'^cjS Stat. 1089: 16 U.S.C. 5 32-538 > and in 

 the event of conflict with, or inconsistency be- 

 tween, this title and the Act of October 13. 1964, 

 the latter shall prevail: Provided further, That 

 nothing in this Act should be construed as making 

 it mandatory that, with respect to forest roads, the 

 Secretary of Agriculture limit rights-of-way grants 

 or their term of years or require disclosure pur- 

 suant to Section 501(b) or impose any other con- 

 dition contemplated by this Act that is contrary to 

 present practices of that Secretary under the Act 

 of October 13, 1964. Any pending application for a 

 right-of-way under any other law on the effective 

 date of this section shall be considered as an appli- 

 cation under this title. The Secretary concerned 

 may require the applicant to submit any additional 

 information he deems necessary to comply w^ith the 

 requirements of this title. 



(b) Nothing in this title shall be construed to 

 preclude the use of lands covered by this title for 

 highway purposes pursuant to sections 107 and 

 317 of title 23 of the United States Code. 



lOd) Nothing in this title shall be construed 

 as exempting any holder of a right-of-way issued 

 under this title from any provision of the antitrust 

 laws of the United States. 



(2) For the purposes of this subsection, the term 

 "antitrust laws" includes the Act of July 2, 1890 

 ( 26 Stat. 15 U.S.C. 1 et seq. i ; the Act of October 15, 

 1914 (38 Stat. 730, 15 U.S.C 12 et seq) : the Federal 

 Trade Commission Act (38 Stat 717: 15 U.S.C. 



