[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2565.6]

[Page 153-154]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2560_ALASKA OCCUPANCY AND USE--Table of Contents
 
                    Subpart 2565_Non-native Townsites
 
Sec. 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

[[Page 154]]

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.