[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR36.2]

[Page 511-512]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 36--TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND ACCESS INTO, CONSERVATION SYSTEM UNITS IN ALASKA--Table of Contents
 
Sec. 36.2  Definitions.

    As used in this part, the term:
    (a) ANILCA means the Alaska National Interest Lands Conservation Act 
(94 Stat. 2371; Pub. L. 96-487).
    (b) Applicable law means a law or regulation of general 
applicability, other than title XI of ANILCA, under which a Federal 
department or agency has jurisdiction to grant an authorization 
(including but not limited to, a right-of-way permit, license, lease or 
certificate) without which a TUS cannot, in whole or in part, be 
established or operated.
    (c) Applicant means an individual, partnership, corporation, 
association or other business entity, and a Federal, State or local 
government entity including a municipal corporation submitting an 
application under this part.
    (d) Appropriate Federal agency means a Federal agency (or the agency 
official to whom the authority has been delegated) that has jurisdiction 
to grant any authorization without which a TUS cannot, in whole or in 
part, be established or operated.
    (e) Area means a CSU, National Recreation Area, or National 
Conservation Area in Alaska administered by the NPS, the FWS or the BLM.
    (f) Compatible with the purposes for which the unit was established 
means that the system will not significantly interfere with or detract 
from the purposes for which the area was established.
    (g) Conservation System Unit (CSU) means any unit in Alaska of the 
National Park System, National Wildlife Refuge System, National Wild and 
Scenic Rivers System, National Trails System or the National Wilderness 
Preservation System administered by the NPS, the FWS or the BLM.
    (h) Economically feasible and prudent alternative route means a 
route either within or outside an area that is based on sound 
engineering practices and is economically practicable, but does not 
necessarily mean the least costly alternative route.
    (i) Improved right-of-ways means routes which are of a permanent 
nature and would involve substantial alteration of the terrain or 
vegetation such as grading and graveling of surfaces or other such 
construction. Trail right-of-ways which are annually or periodically 
marked, brushed, or broken for off-road vehicles are excluded.
    (j) Incident to its management of the unit or area means a type of 
TUS which is used directly or indirectly in support of authorized 
activities, and which is

[[Page 512]]

built by or for the Federal agency which has jurisdiction over the area.
    (k) Other system of general transportation means private and 
commercial transportation of passengers and/or shipment of goods or 
materials.
    (l) Public values means those values relating to the purposes for 
which the area was established as defined by the enabling legislation 
for the area.
    (m) Related structures and facilities means those structures, 
facilities and right-of-ways which are reasonably and minimally 
necessary for the construction, operation and maintenance of a TUS, and 
which are listed as part of the TUS on the consolidated application 
form, Standard Form 299, ``Application for Transportation and Utility 
Systems and Facilities on Federal Lands'' (SF 299).
    (n) Right-of-way permit means a right-of-way permit, lease, license, 
certificate or other authorization for all or part of a TUS in an area.
    (o) Secretary means the Secretary of the Interior.
    (p) Transportation or utility system (TUS) means any of the systems 
listed in paragraphs (p) (1) through (7) of this section, if a portion 
of the route of the system will be within an area and the system is not 
one that the Department or agency having jurisdiction over the area is 
establishing incident to its management of the area. The systems shall 
include related structures and facilities.
    (1) Canals, ditches, flumes, laterals, pipes, pipelines, tunnels and 
other systems for the transportation of water.
    (2) Pipelines and other systems for the transportation of liquids 
other than water, including oil, natural gas, synthetic liquid and 
gaseous fuels and any refined product produced therefrom.
    (3) Pipelines, slurry and emulsion systems and conveyor belts for 
the transportation of solid materials.
    (4) Systems for the transmission and distribution of electric 
energy.
    (5) Systems for transmission or reception of radio, television, 
telephone, telegraph and other electronic signals and other means of 
communication.
    (6) Improved rights-of-way for snowmachines, air cushion vehicles 
and other all-terrain vehicles.
    (7) Roads, highways, railroads, tunnels, tramways, airports, landing 
strips, docks and other systems of general transportation.

[51 FR 31629, Sept. 4, 1986, as amended at 62 FR 52510, Oct. 8, 1997]