Secretary, may be grounds for termination of the right-of-way. Failure of the holder for the right-of-way to use the right-of-way for the purpose of which it was granted, issued or renewed, for any [two] five-year, period, shall be presumed to constitute abandonment of right-of-way. Before the Secretary may cancel a right-of-way for abandonment the owner of such right-of-way must be notified of the determination to cancel and be given, upon his request made within sixty days after receipt of notice, a hearing in accordance with such rules and regulations as may be issued by the Secretary. EXPLANATION OF PROPOSED AMENDMENT TO SEC. 7(A) AND (B) OF S. 1081 On Section 7(a).-Suspension and termination of a right-of-way should be effected either by the consent of the owner or by condemnation by the Government. Extensive investments may have been made by the easement holder and should not be subject to unilateral cancellation except as provided by the terms of the grant as outlined in subsection (b) of Section 7. This provision has worked satisfactorily for both the Government and private cooperators concerned with rights-of-way across National Forest and intermingled private lands. It ought to be extended to BLM lands. On Section 7(b).-Determination of abandonment based on a five-year period of non-use rather than two years is more appropriate. This would give the owner of a right-of-way a more reasonable time period to reconsider his need. Before a right-of-way is subject to cancellation, the Secretary should notify the owner of the proposed action to determine abandonment. At the request of the owner, a hearing should be held to accord the opportunity for complete review and discussion prior to the final determination by the Secretary. STATEMENT OF THE ALASKA WILDLIFE FEDERATION AND SPORTSMAN'S COUNCIL The Alaska Wildlife Federation and Sportsmen's Council have reviewed legislation introduced by Senator Jackson relating to issuance of right-of-way permits across public lands. We are in full accord with the legislation as proposed. We request our position be made a part of the record. Also, please advise other members of the Alaska delegation and Senator Jackson. We appreciate the opportunity to comment on this important legislation. 14. In 8/13: R 44/pt. 3 3 RIGHTS-OF-WAY ACROSS FEDERAL LANDS: TRANSPORTATION OF ALASKA'S NORTH SLOPE OIL HEARINGS BEFORE THE COMMITTEE ON INTERIOR AND INSULAR AFFAIRS NINETY-THIRD CONGRESS A BILL TO DEAL WITH THE CURRENT ENERGY CRISIS AND A BILL TO AUTHORIZE THE SECRETARY OF THE INTERIOR PURPOSES S. 1565 A BILL TO PERMIT CONGRESS TO PLAY ITS PROPER ROLE T MAY 2, 3, 1973 PART 3 Printed for the use of the Committee on Interior and Insular Affairs. 95-290 O U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1973 COMMITTEE ON INTERIOR AND INSULAR AFFAIRS HENRY M. JACKSON, Washington, Chairman ALAN BIBLE, Nevada J. BENNETT JOHNSTON, JR., Louisiana PAUL J. FANNIN, Arizona JERRY T. VERKLER, Staff Director Bayh, Hon. Birch, a U.S. Senator from the State of Indiana. Cicchetti, Dr. Charles, visiting associate professor of economics and envi- ronmental studies; Dr. A. Myrick Freeman, visiting associate professor of economics, University of Wisconsin; John Dienelt, attorney, environ- mental defense fund; Thomas B. Stoel, Jr., Natural Resources De- fense Council; Dr. Robert Curry, environmental geologist, University Curry, Dr. Robert, environmental geologist, University of Montana__ Dienelt, John F., on behalf of the Wilderness Society, Environmental Defense Fund, Inc. and Friends of the Earth_-_. Egan, Hon. William A., Governor of the State of Alaska___. Fannin, Hon. Paul J., a U.S. Senator from the State of Arizona__. Freeman, Dr. A. Myrick, visiting professor of economics, University of 50, 59 254 Gravel, Hon. Mike, a U.S. Senator from the State of Alaska. Kimball, Thomas L., executive vice president, National Wildlife Stevens, Hon. Ted, a U.S. Senator from the State of Alaska--- Stevenson, Hon. Adlai E., III, a U.S. Senator from the State of Illinois_-- 39, 43 Stoel, Thomas B., Jr., Natural Resources Defense Council__ Waldon, David, president, Interprovincial Pipeline Research Ltd., accom- panied by Roger H. Clute, chairman of technical committee, and Donald COMMUNICATION "Limitation of Judicial Review Under S. 970," memorandum from George Costello, American Law Division to Senator Stevens, dated April 9, 1973 86 Brackett, William W., vice president and general counsel, Arctic Gas, 283 |