[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR14.9]

[Page 212-213]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 14--RIGHTS-OF-WAY--Table of Contents
 
                      Subpart B--Nature of Interest
 
Sec. 14.9  Terms and conditions.

    An applicant, by accepting a right-of-way, agrees and consents to 
comply with and be bound by the following terms and conditions, 
excepting those which the Secretary may waive in a particular case:
    (a) To comply with State and Federal laws applicable to the project 
for which the right-of-way is approved, and to the lands which are 
included in the right-of-way, and lawful existing regulations 
thereunder.
    (b) To clear and keep clear the lands within the right-of-way to the 
extent and in the manner directed by the superintendent; and to dispose 
of all vegetative and other material cut, uprooted, or otherwise 
accumulated during the construction and maintenance of the project in 
such manner as to decrease the fire hazard and also in accordance with 
such instructions as the superintendent may specify.
    (c) To take such soil and resource conservation and protection 
measures including weed control, on the land covered by the right-of-way 
as the superintendent may request.
    (d) To do everything reasonably within his power, both independently 
and on request of any duly authorized representative of the United 
States, to prevent and suppress fires on or near the lands to be 
occupied under the right-of-way, including making available such 
construction and maintenance forces as may be reasonably obtainable for 
the suppression of such fires.

[[Page 213]]

    (e) To build and repair such roads, fences, and trails as may be 
destroyed or injured by construction work and to build and maintain 
necessary and suitable crossings for all roads and trails that intersect 
the works constructed, maintained, or operated under the right-of-way.
    (f) To pay the United States the full value for all damages to the 
lands or other property of the United States caused by him or by his 
employees, contractors, or employees of the contractors, and to 
indemnify the United States against any liability for damages to life, 
person or property arising from the occupancy or use of the lands under 
the right-of-way; except that where a right-of-way is granted hereunder 
to a state or other governmental agency whose power to assume liability 
by agreement is limited by law, such agency shall indemnify the United 
States as provided above to the extent that it may legally do so.
    (g) To notify promptly the superintendent of the amount of 
merchantable timber, if any, which will be cut, removed, or destroyed in 
the construction and maintenance of the project, and to pay the United 
States through such superintendent in advance of construction such sum 
of money as such superintendent may determine to be the full stumpage 
value of the timber to be so cut, removed, or destroyed.
    (h) To comply with such other specified conditions, within the scope 
of the applicable statute and lawful regulations thereunder, with 
respect to the occupancy and use of the lands as may be found by the 
National Park Service to be necessary as a condition to the approval of 
the right-of-way in order to render its use compatible with the public 
interest.
    (i) That upon revocation or termination of the right-of-way, unless 
the requirement is waived in writing, he shall, so far as it is 
reasonably possible to do so, restore the land to its original condition 
to the entire satisfaction of the superintendent.
    (j) That he shall at all times keep the authorized officer informed 
of his address, and, in case of corporations, of the address of its 
principal place of business and of the names and addresses of its 
principal officers.
    (k) That in the construction, operation, and maintenance of the 
project, he shall not discriminate against any employee or applicant for 
employment because of race, creed, color, or national origin and shall 
require an identical provision to be included in all subcontracts.
    (l) That the allowance of the right-of-way shall be subject to the 
express condition that the exercise thereof will not unduly interfere 
with the management and administration by the United States of the lands 
affected thereby, and that he agrees and consents to the occupancy and 
use by the United States, its grantees, permittees, or lessees of any 
part of the right-of-way not actually occupied or required by the 
project, or the full and safe utilization thereof, for necessary 
operations incident to such management, administration, or disposal.
    (m) That the right-of-way herein granted shall be subject to the 
express covenant that it will be modified, adapted, or discontinued if 
found by the Secretary to be necessary, without liability or expense to 
the United States, so as not to conflict with the use and occupancy of 
the land for any authorized works which may be hereafter constructed 
thereon under the authority of the United States.