republic-os/legal/us/code/title-54/chapter-1009/section-100902.md

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LegalText	54 U.S.C. § 100902	Rights of way for public utilities and power and communication facilities	us	united_states_code	code_section	54	NATIONAL PARK SERVICE AND RELATED PROGRAMS	1009	ADMINISTRATION	100902	54 U.S.C. § 100902	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc54@119-100.zip	/us/usc/t54/s100902	data/legal/raw/us/code/title-54/usc54.xml	f349e1d6c683fd07479ad9a03a7c22d5b8356db0be6eac430310fc45aefdeb30	ae37e9ba9ffe98b17fb5695939469d1407e46b028e81e9ffb76abd1481eeb360	8989c6aae1fce9d6bb07f08a88a0c46d7b2864aa5020b8138d9dcd411fcdc471	2026-07-04	official	legal us-code

54 U.S.C. § 100902 - Rights of way for public utilities and power and communication facilities

Text

(a) Public Utilities.— (1) In general.— Under regulations the Secretary prescribes, the Secretary may grant a right of way through a System unit to a citizen, association, or corporation of the United States that intends to use the right of way for—

(A) electrical plants, poles, and lines for the generation and distribution of electrical power;

(B) telephone and telegraph purposes; and

(C) canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits and water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses.

(2) Extent of right of way.— A right of way under this subsection shall be for—

(A) the ground occupied by the canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted under paragraph (1); and

(B) not more than 50 feet—

(i) on each side of the marginal limits of the ground; or

(ii) on each side of the center line of the pipes and pipe lines, electrical, telegraph, and telephone lines and poles.

(3) Approval.— A right of way under this subsection shall be allowed within or through a System unit only on the approval of the Secretary and on a finding that the right of way is not incompatible with the public interest.

(4) Revocation.— The Secretary may revoke a right of way under this subsection.

(5) Right, easement, or interest not conferred.— A right of way under this subsection does not confer any right, easement, or interest in, to, or over a System unit.

(b) Power and Communication Facilities.— (1) In general.— Under regulations the Secretary prescribes, the Secretary may grant a right of way over, across, and on through a System unit to a citizen, association, or corporation of the United States that intends to use the right of way for—

(A) electrical poles and lines for the transmission and distribution of electrical power;

(B) poles and lines for communication purposes; and

(C) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities.

(2) Extent of right of way.— A right of way under this subsection—

(A) shall be for not more than 50 years from the date the right of way is granted; and

(B) for—

(i) lines and poles shall be for 200 feet on each side of the center line of the lines and poles; and

(ii) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities shall be for not more than 400 feet by 400 feet.

(3) Approval.— A right of way under this subsection shall be allowed within or through a System unit only on the approval of the Secretary and on a finding that the right of way is not incompatible with the public interest.

(4) Forfeiture and annulment.— The Secretary may forfeit and annul any part of a right of way under this subsection for—

(A) nonuse for a period of 2 years; or

(B) abandonment.

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3113.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 100902(a)16 U.S.C. 79.Feb. 15, 1901, ch.372 (relating to System units), 31 Stat. 790. 100902(b)16 U.S.C. 5.Mar. 4, 1911, ch. 238 (4th and last paragraphs (relating to System units) under heading “Improvement of the National Forest” under heading “Forest Service”), 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat. 95. In subsection (a), the text of 16 U.S.C. 79 (2d proviso) is omitted as obsolete because title 65 of the Revised States of the United States was repealed by section 1 of the Act of July 16, 1947 (ch. 256, 61 Stat. 327). In subsection (a)(1), the words “and the Yosemite, Sequoia, and General Grant national parks, California” are omitted as unnecessary because “other reservations” encompasses all System units. The inclusion of paragraphs (4) and (5) of subsection (a) do not have any effect on rights of way under subsection (b). In subsection (a)(4), the words “or his successor in his discretion” are omitted as unnecessary. In subsection (b), the text of 16 U.S.C. 5 (last paragraph) is omitted as obsolete. The word “Secretary” is substituted for “the head of the department having jurisdiction over the lands” and “chief officer of the department under whose supervision or control such reservation falls” because the portion of the Act of March 4, 1911 (ch. 238, 36 Stat. 1253) classified to 16 U.S.C. 5 relates only to System units.