---
kind: "section"
citation: "16 U.S.C. § 3167"
title: "16"
title_heading: "Conservation"
number: "3167"
heading: "Rights-of-way terms and conditions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/3167"
units:
  - "Chapter 51 — Alaska National Interest Lands Conservation"
  - "Subchapter IV — Transportation and Utility Systems in and Across, and Access into, Conservation System Units"
---

# §3167. Rights-of-way terms and conditions

- (a) **Terms and conditions—** The [Secretary](/usc/16/410r–5.md?p=c-1), or the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture where national forest [wilderness](/usc/16/3102.md?p=13) is involved, shall include in any right-of-way issued pursuant to an application under this subchapter, terms and conditions which shall include, but not be limited to—
  - (1) requirements to insure that, to the maximum extent feasible, the right-of-way is used in a manner compatible with the purposes for which the affected [conservation system unit](/usc/16/3102.md?p=4), national recreation [area](/usc/16/539m–1.md?p=1-A), or national conservation [area](/usc/16/539m–1.md?p=1-A) was established or is managed;
  - (2) requirements for restoration, revegetation, and curtailment of erosion of the surface of the land;
  - (3) requirements to insure that activities in connection with the right-of-way will not violate applicable air and water quality standards and related facility siting standards established pursuant to law;
  - (4) requirements, including the minimum necessary width, designed to control or prevent—
    - (A) damage to the environment (including damage to [fish and wildlife](/usc/16/3102.md?p=17) habitat),
    - (B) damage to public or private property, and
    - (C) hazards to public health and safety;
  - (5) requirements to protect the interests of individuals living in the general [area](/usc/16/539m–1.md?p=1-A) of the right-of-way who rely on the fish, wildlife, and biotic resources of the [area](/usc/16/539m–1.md?p=1-A) for subsistence purposes; and
  - (6) requirements to employ measures to avoid or minimize adverse environmental, social or economic impacts.
- (b) **Wild and Scenic Rivers System—** Any [transportation or utility system](/usc/16/3162.md?p=4-A) approved pursuant to this subchapter which occupies, uses, or traverses any [area](/usc/16/539m–1.md?p=1-A) within the boundaries of a [unit](/usc/16/430f–7.md?p=4) of the National Wild and Scenic Rivers System shall be subject to such conditions as may be necessary to assure that the stream flow of, and transportation on, such river are not interfered with or impeded, and that the [transportation or utility system](/usc/16/3162.md?p=4-A) is located and constructed in an environmentally sound manner.
- (c) **Pipeline rights-of-way—** In the case of a pipeline described in [section 185(a) of title 30](/usc/30/185.md?p=a), a right-of-way issued pursuant to this subchapter shall be issued in the same manner as a right-of-way is granted under [section 185 of title 30](/usc/30/185.md), and the provisions of subsections (c) through (j), (l) through (q), and (u) through (y) of [section 185 of title 30](/usc/30/185.md) shall apply to rights-of-way issued pursuant to this subchapter.

## Source credit

(Pub. L. 96–487, title XI, § 1107, Dec. 2, 1980, 94 Stat. 2463.)