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2026-07-06 10:51:44 -04:00

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LegalText 43 U.S.C. § 1766 Suspension or termination; grounds; procedures applicable us united_states_code code_section 43 PUBLIC LANDS 35 FEDERAL LAND POLICY AND MANAGEMENT 1766 43 U.S.C. § 1766 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc43@119-100.zip /us/usc/t43/s1766 data/legal/raw/us/code/title-43/usc43.xml a7640789145335424e0d7a229b95479bfdef414ea6cc867d80097552674d72fc d46a16361aa9d10bbc4b27ea0561882d240801c965a2700a4b7cf5f02f552a5f 8352ca6fba624c004e1270fe7a78fe2c3aa7db561580764f159c7f2fd3910394 2026-07-04 official
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43 U.S.C. § 1766 - Suspension or termination; grounds; procedures applicable

Text

Abandonment of a right-of-way or noncompliance with any provision of this subchapter 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, and 11 So in original. with respect to easements, an appropriate administrative proceeding pursuant to section 554 of title 5, the Secretary concerned determines that any such ground exists and that suspension or termination is justified. No administrative proceeding 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 determines 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 such activities prior to an administrative proceeding. Prior to commencing any proceeding to suspend 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 subchapter 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 abandonment 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 holders control, the Secretary concerned is not required to commence proceedings to suspend or terminate the right-of-way.

(Pub. L. 94579, title V, § 506, Oct. 21, 1976, 90 Stat. 2780.)

Notes

Executive Documents

Transfer of Functions See note set out under section 1763 of this title.