their costs over a three-year period, reduce the overall cost to the Government, undertake equipment improvements, and provide much better and safer service.

SEC. 306. Authorizes the Secretary to acquire lands and interests in lands when the public interest will be benefitted thereby. Acquisition may be by purchase, exchange, donation or otherwise. In exchanges, values may be equalized by payments of money. Section 306 replaces Section 8 of the Taylor Grazing Act, 48 Stat. 1272 as amended, 43 U.S.C. § 315g, which is repealed by Title V of the bill. The mandatory State exchange provision of Section 8 of the Taylor Grazing Act is not retained, since it is not consonant with the other provisions of the bill.

SEC. 307. Gives the Secretary authority to issue patents, deeds and other documents of conveyance, and where necessary, to make corrections of documents issued heretofore or in the future.

SEC. 308. Gives the Secretary authority to issue disclaimers of interest in land in three specified instances where he finds no Federal interest and where there is a cloud on the title. Under existing law, the Secretary of the Interior has no authority to issue any kind of document showing that the United States has no interest in certain lands.

The disclaimer would have the same legal effect as a quitclaim deed from the United States. It would eliminate the necessity for court action or private relief legislation in those cases where the United States asserts no ownership or interest and would thus result in a saving of time and money for both the Government and private parties.

SEC. 309. Prohibits and declares unlawful the use, occupancy and development of National Resource Lands, contrary to regulations or orders issued thereunder.

SEC. 310. Makes violation of regulations adopted for the purpose of protecting National Resource Lands a misdemeanor punishable by a fine or imprisonment or both, provides for injunctions to prevent such violations, and allows the Secretary to authorize certain employees to make arrests and serve citations for violations of the regulations.

SEC. 311. Confers on the Secretary of the Interior authority to cooperate with State and local law enforcement agencies in enforcement of State and local laws on National Resource Lands. The Act of August 10, 1971, 85 Stat. 303, 16 U.S.C. § 551a, gave similar authority to the Secretary of Agriculture with respect to national forest lands.

The ever increasing number of visitors to the National Resource Lands requires a combined Federal and State law enforcement effort in order to adequately protect those lands. As part of a cooperative program, the local law enforcement agencies could be reimbursed for extraordinary services. Normal law enforcement duties will continue to be supplied by State and local personnel on a nonreimbursable basis.

TITLE IV-AUTHORITY TO GRANT RIGHTS-OF-WAY

SEC. 401. This Section contains definitions of special terminology used in Title IV. (a) "Right-of-way," as defined, has a different meaning than that which it has in common legal parlance, being more than merely a right to cross land. The definition is therefore purely statutory. It is broad in scope since it applies to a broad spectrum of land uses.

(b) "Federal lands," as defined, includes all lands owned by the United States, wherever situated, other than those lands which fall within the five exceptions stated in the definition. The term is therefore broad, encompassing public lands, acquired lands, and lands in withdrawals, reservations and classifications, regardless of which agency administers the lands. The lands excepted from "Federal lands" are:

(1) Lands in the National Park System. It is not intended to grant rights-of-way through the National Park System under this bill. Separate authority would be sought for each such right-of-way where none now exists. At present, such separate authority exists, for example, with regard to the Blue Ridge Parkway, the C and O Canal," and the Natchez Trace Parkway.12

10 16 T.S.C. 88 460 a-3, 460 a-8.

11 16 T.S.C. & 410 y-3.

12 16 U.S.C. § 460 a.

10

(2) Lands in the National Wildlife Refuge System. There is now separate statutory authority covering inter alia, rights-of-way for pipelines through National Wildlife Refuge System lands." This authority would be left unimpaired by the bill.

(3) Lands on the Outer Continental Shelf. These lands have always been treated separately from other Federally-owned lands because of their peculiar physical characteristics and because they are not owned by the United States in its proprietary capacity. There is a statute now in existence authorizing oil and gas pipelines on such lands, and this bill leaves it unaffected.14

(4) Lands in the National Wilderness Preservation System. These lands are open to mineral leasing until midnight, December 31, 1983, and pipelines are likewise authorized on the lands at least until that time.25 Whether pipelines are authorized after that date under present law is not clear.16

(5) Lands held by the United States in trust for any Indian or Indian tribe, and lands held or owned by any Indian or Indian tribe under a limitation or restriction on alienation requiring the consent of the United States. These lands are excluded because of their special status. Existing law authorizes the Secretary of the Interior to grant rights-of-way for oil or gas pipelines through these lands. This bill does not affect that authority."

(c) The term "holder" means those entities which have received a right-ofway.

SEC. 402. This Section authorizes the Secretary of the Interior to grant, issue, or renew rights-of-way over, upon, or through any "Federal lands" for oil and gas pipeline purposes. It replaces Section 28 of the Mineral Leasing Act of 1920, which is repealed. The oil that is contemplated is not only crude oil, but also liquid derivatives of crude oil, alone or in combination. Thus, gasoline or kerosene would be included. The term "oil" and "natural gas" are not defined in the bill; it is contemplated that this could better be done by regulation.

The intent of Section 402(a)(1) is to give the Secretary authority to grant rights-of-way which extend to all the structures and improvements that constitute the pipeline. Section 402 (a) (2) would allow the right-of-way to extend to those facilities, if any, which are necessary to operate and maintain the pipeline and its appurtenances. For examples, equipment storage and parking areas, line camps, radio stations, fences etc., would fall into this category. Section 402 (a) (3) authorizes incorporation in a right-of-way of access roads, helicopter landing pads, safety zones, and the like, which are adjacent to the pipeline and its appurtenances.

In addition, use of other lands will be necessary in order to construct a pipeline and may also be necessary for operation or maintenance activities. Authorization to use such areas is contained in the third sentence of Sec. 404 (a), which is a general provision applying to all rights-of-way issued under Title IV.

Subsection 402(b) requires that pipeline rights-of-way not be granted, issued, or renewed, by the Secretary of the Interior over another agency's land without the prior consent of the head of that agency.

Subsection 402 (c) reenacts in similar form the common carrier provisions of Section 28 of the Mineral Leasing Act of 1920 but specifically applies the common carrier requirements to terminals as well as pipelines.

Subsection 402 (d) also reenacts an existing provision of the Mineral Leasing Act of 1920. Its purpose is to make it clear that this legislation provides the sole authority for granting rights-of-way for oil or natural gas pipelines on "Federal lands" as defined in Section 401. In addition, it makes it clear that it is the sole authority under which any such pipeline rights-of-way on "Federal lands" may be renewed, irrespective of whether it was originally authorized by another statute or other authority.

Subsection 402 (e) stipulates that the Secretary of the Interior retains all authority that he has under other laws and that he may exercise any or all

13 16 U.S.C. § 668 dd (d).

14 43 U.S.C. § 1334 (c).

15 16 U.S.C. § 1133 (d)(2).

16 16 U.S.C. § 1133 (d) (4). 17 25 U.S.C. §§ 321-328.

of that authority to implement or complement the authority conferred upon him by this Section of the bill. He may not, of course, exercise any authority that is expressly repealed by the bill.

SEC. 403. This Section of the bill authorizes the Secretary of the Interior to grant, issue, or renew rights-of-way for purposes other than oil or natural gas pipelines. While Section 402 affects "Federal lands," Section 403 is limited to National Resource Lands. At present, there is authority in various statutes for the Secretary of the Interior to allow such rights-of-way through lands administered by the Bureau of Land Management. However, these statutes vary greatly in their provisions regarding duration, width, legal nature of the right-of-way procedures, etc. In many instances there are multiple statutory authorities covering the same subject matter. The result is needless complexity and chaos. The existing statutes listed in Section 505 would be repealed by this bill to the extent they are applicable to National Resource Lands. Subsection 403 (a) relates to facilities and systems for the impoundment, storage, transportation, or distribution of water only.

Subsection 403(b) authorizes rights-of-way for systems transporting or distributing liquids other than oil and gases other than natural gas.

18

Subsection 403 (c) authorizes rights-of-way for systems carrying solid materials by pipeline systems, slurry and emulsion systems, and conveyor belts. Subsection 403 (d) authorizes rights-of-way for the generation, manufacture, transmission or generation of all forms of energy, including electrical power. This provision replaces several statutes, insofar as they relate to lands administered by the Bureau of Land Management. At present, the Federal Power Commission has, in effect, the authority to issue rights-of-way for electrical transmission lines which are primary lines. In order not to affect the authority of the Federal Power Commission, subsection 403 (d) contains an exception to the authority conferred on the Secretary of the Interior.

Subsection 403 (e) authorizes rights-of-way for communications systems. Subsection 403 (f) authorizes rights-of-way for the various means of transportation. Roads are included in this category and, in that regard, this provision would replace R.S. § 2477, 43 U.S.C. § 932, which has been a cause of much management difficulty. However, the Federal Highway Act, 23 U.S.C. §§ 107, 317. would not be superseded.

It should be noted that this bill is intended to include rights-of-way which serve future needs arising out of existing and future technology advances. Thus, Section 403 is intended to be broad enough to cover rights-of-way for pneumatic tube transportation systems, laser ray communications, magnetic railways, routes for ground-effect vehicles, and any other systems which are not yet in general use.

SEC. 404. Contains general provisions that are applicable to all rights-ofway covered by this Title. The general intent of section 404 (a) is to authorize the Secretary to determine what lands are reasonably necessary for construction, operation, maintenance, and termination of any given project and to tailor the right-of-way to it.

The first two sentences of subsection 404 (a) in effect are identical to the provisions of subsections 402 (a) (1) and 402(a)(2). The third sentence in subsection 404(a) gives the Secretary authority to allow the use of other lands near or at some distance from the right-of-way in order that the project may be constructed, put into operation, maintained and finally terminated and removed. It is intended that the Secretary will use any mix of leases, licenses, or permits as he finds appropriate for such use. These permissions of use will vary in duration, time of issuance, etc., the objective being to allow the use of lands only to the extent, and for the time, that is reasonably necessary to accomplish the construction and use of the particular project.

Subsection 404 (b) provides that the Secretary shall determine the duration of each right-of-way or other authorization granted, issued, or renewed under Title IV. He also would have the authority to determine whether a right-ofway shall confer exclusive or non-exclusive use. In many cases, various rightsof-way are compatible with each other and it is desirable to "double-un" where possible. This will help effect the Department's efforts to create corridors for

18 Principally the Act of February 15, 1901. 71 Stat. 790, 43 U.S.C. $ 959. 16 U.S.C. 88 79. 522 and the Act of March 4, 1911, 36 Stat. 1253 as amended, 43 U.S.C. § 961, 16 U.S.C. §§ 5, 420, 523.

the routing of rights-of-way. Such corridors minimize environmental problems and allow intelligent land-use planning.

Subsection 404 (c) authorizes the Secretary to issue regulations, and to impose terms and conditions, regarding extent, duration, application, charge, survey, location, construction operation, maintenance and termination of rights-of-way.

Subsection 404 (d) contains provisions to protect the environment. Each applicant for a right-of-way will be required to draw up and submit to the Secretary a plan of construction, operation, and rehabilitation which conforms with environmental regulations issued by the Secretary. It is intended that the regulations will apply standards that are reasonable, recognizing that most rights-of-way will cause some damage to the environment.

The last sentence of subsection 404 (d) provides that the Secretary's environmental regulations shall be applicable to all rights-of-way granted, issued, or renewed pursuant to Title IV of the bill, irrespective of whether the particular right-of-way was granted, issued, or renewed prior to the issuance or revision of the regulations.

Subsection 404 (e) provides that a right-of-way holder may not use mineral or vegetative materials from the National Resource Lands without obtaining an authorization under applicable law 10 to do so. This does not prevent the holder from excavating for construction purposes and using or moving earth and non-merchantable vegetation. It merely requires him to purchase mineral materials, such as gravel, and vegetative materials, such as timber, where the sale of such materials is authorized or otherwise required by statute. It allows the holder of the right-of-way to make free use of such materials if he is qualified for free use under the applicable materials disposal law.

Subsection 404 (f) requires payment of fair market value for rights-of-way as a general rule, but allows grants of rights-of-way for lesser prices to certain entities. Depending on the circumstances the "lesser charge" may be no charge.

Subsection 404 (g) implements the principle that the United States shall be protected from suit or loss with respect to any right-of-way. The bill is drafted to allow flexibility because it is recognized that some right-of-way holders will not be able to so protect the United States. Governmental entities, for example, may not be legally able to give such assurances of protection. Subsection 404 (h) provides for bonds or other securities to secure compliance with the Secretary's requirements. Again, there is flexibility because certain holders may not be legally empowered to post such security, and in other cases requirement of such security may be impossible or unnecessary. Subsection 404 (i) authorizes the Secretary to consider the financial and technical capabilities of applicants before granting rights-of-way. At present, no such guidelines exist.

SEC. 405. This is a broad provision authorizing the Secretary to make rights-of-way subject to terms and conditions. At present, the Secretary's authority is limited and is not sufficient to meet present-day needs. This section will, of course, be amplified by regulations.

SEC. 406. Authorizes the Secretary to suspend or terminate a right-of-way where he determines such action to be appropriate. The Secretary is not given unbridled discretion. Termination action will be taken only for cause, as set forth in subsection (b). With regard to suspension, more latitude is required and it is intended that this shall be delineated in the regulations. No termination action, or suspension, shall be taken without an appropriate administrative proceeding. It is intended that such proceeding shall comport, so far as possible, with the requirements of the Administrative Procedures Act. An exception is made with regard to tenancies at will, since they do not give rise to due process problems.

SEC. 407. Provides for the setting aside of rights-of-way for other Federal agencies. At the present time, there is no clear mechanism for this and a standard procedure is desirable. Subsection (b) requires the consent of the head of any Federal department or agency, before the Secretary may terminate or limit the Department or agency use of a right-of-way set aside under subsection (a). It is intended that such consent will not be unreasonably

19 The principal laws are the Act of August 28, 1937, 50 Stat. 874, 43 U.S.C. § 1181a; and the Act of July 31, 1947, 61 Stat. 681, as amended, 30 U.S.C. § 601.

withheld and that it will be given except where there is a real need to retain the right-of-way.

SEC. 408. Covers the various situations that can arise where a tract of land which has a right-of-way on it is conveyed out of Federal ownership. Normally, under common law, the new landowners become the landlord of the lease and assume the position of the prior landlord, in this case, the United States. This presents little or no problems with roads and other small rightsof-way, but power transmission lines, pipelines, and other large projects are vastly different. In such cases, continued Federal ownership or control may be necessary for environmental, national defense, or a multitude of other reasons. Because the cases will vary with the precise situations involved, the bill allows the Secretary to choose the appropriate form of retention or disposal of the right-of-way.

SEC. 409. Insures that rights-of-way granted under statutes repealed by the act are not affected by such repeal.

TITLE V-CONSTRUCTION OF LAW, PRESERVATION OF VALID EXISTING RIGHTS AND REPEAL OF LAWS

SEC. 501. Prevents construction of the Act as affecting Federal water rights or restricting the power and authority of the United States Government, or the police powers of State Governments or subdivisions thereof. The Section also provides that authority conferred on the Secretary by this Act is in addition to other authority and that nothing in the bill shall be construed to repeal any other law by implication. Where an existing statute which is not repealed is equally applicable, it is intended that the Secretary would be able to make a choice of law. However, it is anticipated that the authority of this legislation would be given preference.

SEC. 502. Preserves valid rights existing on the date of approval of the Act. It is intended that this Section would protect, for example, allowed desert land entries valid on the date of approval of the Act by allowing those entries to be perfected to patent in accordance with the desert land law, notwithstanding the repeal of that law.

SEC. 503. Repeals laws relating to disposal of National Resource Lands. The following is a description of these laws. Because of the multitude of public land statutes still on the books, it may develop that additional statutes should be repealed. If that occurs, the Department of the Interior would request that this Title be amended accordingly.

1. HOMESTEAD LAWS

The essence of the homestead laws and amendments thereto consists of conditions of actual settlement, residence on, and cultivation of land embraced in a homestead entry. The homestead law gave a qualified individual, for a nominal fee, the right to enter upon 160 acres of unoccupied public land in any of the public-land States and Territories, the right to live upon the land for a period of years, and, upon proof of compliance with the law, the right to receive a patent thereto.

Homesteading has become almost nonexistent, except in Alaska, because of the scarcity of public lands suitable for agriculture. The possibility of homesteading in Alaska in the future has been virtually precluded by enactment of the Alaska Statehod Act and The Alaska Native Claims Settlement Act, whereunder most of the suitable agricultural land will be appropriated. Other statutes which are a part of the homestead laws, generally concern the payment of fees and were superseded by the Public Land Administration Act of 1960, 74 Stat. 506. 43 U.S.C. §§ 1361-1383.

Some statutes, presently a part of the homestead laws, allow additional homestead rights for soldiers. All presently outstanding validated soliders' additional homestead rights must be satisfied by January 1. 1975; such rights will be rendered null and void after that date, as provided by the Act of August 31, 1964, 78 Stat. 751.

The following homestead statutes which would be repealed contain provisions relating to other than strictly homestead matters:

(a) The Act of May 17, 1900, 31 Stat. 179, 43 U.S.C. § 179, in addition to giving free homesteads to settlers upon agricultural public lands acquired