43 CFR 2565.6 - Rights-of-way.

§ 2565.6 Rights-of-way.

(a) Notwithstanding any other provisions of this part, the trustee is authorized to grant rights-of-way for public purposes across any unentered lands within the townsite. This authority is expressly limited to grants of rights-of-way to cities, towns, villages, and municipalities, and to school, utility, and other types of improvement districts, and to persons, associations, companies, and corporations engaged in furnishing utility services to the general public, and to the United States, any Federal or State agency or instrumentality for use for public purposes.

(b) The trustee may in his discretion fix a reasonable charge for any grant under this authority to private persons, associations, companies and corporations, and to Federal and State agencies and instrumentalities, which charge shall be a lump sum. All grants shall be subject to such conditions, limitations, or stipulations as the trustee shall determine are necessary or appropriate in the circumstances. No grants of rights-of-way under this authority shall be made across or upon lands on which prior rights of occupancy or entry have vested under the law.

(c) Grants of rights-of-way under this section to Federal and State agencies and instrumentalities to private persons, associations, companies, or corporations affecting lands within any incorporated city, town, village, or municipality, may be made only after the proposed grant has received the approval of the city, town, or village council, or, where applicable, the municipal board or commission having authority under state law to approve rights-of-way for local public utility purposes. Grants of such rights-of-way to Federal and State agencies and instrumentalities and to private persons, associations, companies, or corporations within unincorporated cities, towns, villages, or municipalities may be made only after notice of the proposed grant, together with the opportunity to be heard, has been given by the proposed grantee to the residents or occupants thereof in accordance with the requirements for such notice in the case of the public sale of unclaimed lots in a trustee townsite. Any decision by the trustee which is adverse to a protest will be subject to the right of appeal under part 1840 of this chapter. Upon the filing of an appeal, action by the trustee on the application for right-of-way will be suspended pending final decision on the appeal.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 16 - CONSERVATION
U.S. Code: Title 43 - PUBLIC LANDS

§ 141 - Repealed. Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792

43 U.S. Code §§ 270–1 to 270–3 - Repealed. Pub. L. 92–203, § 18(a), Dec. 18, 1971, 85 Stat. 710

§ 270-3

§ 687a to 687a–3 - Repealed. Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789

§ 732

§ 737 - Unrestricted deeds for townsite lands held by Alaska natives

§ 1601 - Congressional findings and declaration of policy

§ 1602 - Definitions

§ 1603 - Declaration of settlement

§ 1604 - Enrollment

§ 1605 - Alaska Native Fund

§ 1606 - Regional Corporations

§ 1607 - Village Corporations

§ 1608 - Revenue sharing

§ 1609 - Limitation of actions

§ 1610 - Withdrawal of public lands

§ 1611 - Native land selections

§ 1612 - Surveys

§ 1613 - Conveyance of lands

§ 1613a - ANCSA amendment

§ 1614 - Timber sale contracts; modification; timber from contingency area

§ 1615 - Withdrawal and selection of public lands; funds in lieu of acreage

§ 1616 - Joint Federal-State Land Use Planning Commission for Alaska

§ 1617 - Revocation of Indian allotment authority in Alaska

§ 1618 - Revocation of reserved rights; excepted reserve; acquisition of title to surface and subsurface estates in reserve; election of Village Corporations; restoration of land to Elim Native Corporation

§ 1619 - Attorney and consultant fees

§ 1620 - Taxation

§ 1621 - Miscellaneous provisions

§ 1622 - Annual reports to Congress until 1984; submission in 1985 of report of status of Natives, summary of actions taken, and recommendations

§ 1623 - Authorization of appropriations

§ 1624 - Regulations; issuance; publication in Federal Register

§ 1625 - Securities laws exemption

§ 1626 - Relation to other programs

§ 1627 - Merger of Native corporations

§ 1628 - Assignments by Regional Corporations of rights to receive payments from Fund

§ 1629 - Cape Krusenstern National Monument land exchange between United States and NANA Regional Corporation, Inc.

§ 1629a - Relinquishment by NANA Regional Corporation, Inc., of lands compact and contiguous to public lands in Cape Krusenstern National Monument

§ 1629b - Procedures for considering amendments and resolutions

§ 1629c - Duration of alienability restrictions

§ 1629d - Dissenters rights

§ 1629e - Settlement Trust option

§ 1629f - Claims arising from contamination of transferred lands

§ 1629g - Open season for certain Alaska Native veterans for allotments

§ 1629h - Kake Tribal Corporation land transfer