[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: 43CFR36.9]

[Page 515-516]
 
                    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. 36.9  Issuing permit.

    (a) Once an application is approved under the provisions of 
Sec. 36.7(a), a

[[Page 516]]

right-of-way permit will be issued by the appropriate Federal agency or 
agencies, according to that agency's authorizing statutes and 
regulations or, if approved pursuant to the provisions of Sec. 36.7(b), 
according to the provisions of title V of the the Federal Land Policy 
Management Act of 1976 (43 U.S.C. 1701) or other applicable law. The 
permit shall not be issued until all fees and other charges have been 
paid in accordance with applicable law.
    (b) All TUS right-of-way permits shall include, but not be limited 
to, the following terms and conditions:
    (1) Requirements to ensure that to the maximum extent feasible, the 
right-of-way is used in a manner compatible with the purposes for which 
the affected area was established or is managed;
    (2) Requirements for restoration, revegetation and curtailment of 
erosion of the surface of the land;
    (3) Requirements to ensure that activities in connection with the 
right-of-way will not violate applicable air and water quality standards 
and related facility siting standards established pursuant to law;
    (4) Requirements, including the minimum necessary width, designed to 
control or prevent:
    (i) Damage to the environment (including damage to fish and wildlife 
habitat);
    (ii) Damage to public or private property; and
    (iii) Hazards to public health and safety.
    (5) Requirements to protect the interests of individuals living in 
the general area of the right-of-way permit who rely on the fish, 
wildlife and biotic resources of the area for subsistence purposes; and
    (6) Requirements to employ measures to avoid or minimize adverse 
environmental, social or economic impacts.
    (c) Any TUS approved pursuant to this part which occupies, uses or 
traverses any area within the boundaries of a unit of the National Wild 
and Scenic Rivers System shall be subject to such conditions as may be 
necessary to assure that the stream flow of, and transportation on, such 
river are not interfered with or impeded and that the TUS is located and 
constructed in an environmentally sound manner.
    (d) In the case of a pipeline described in section 28(a) of the 
Mineral Leasing Act of 1920, a right-of-way permit issued pursuant to 
this part shall be issued in the same manner as a right-of-way is 
granted under section 28, and the provisions of subsections (c) through 
(j), (1) through (q), and (u) through (y) of section 28 shall apply to 
right-of-way permits issued pursuant to this part.