[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2565.6]



[Page 149-150]

 

                    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



[[Page 150]]



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.