---
kind: "section"
citation: "43 U.S.C. § 1768"
title: "43"
title_heading: "Public Lands"
number: "1768"
heading: "Conveyance of lands covered by right-of-way; terms and conditions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/43/1768"
units:
  - "Chapter 35 — Federal Land Policy and Management"
  - "Subchapter V — Rights-Of-Way"
---

# §1768. Conveyance of lands covered by right-of-way; terms and conditions


If under applicable law the [Secretary](/usc/43/1702.md?p=g) concerned decides to transfer out of Federal ownership any lands covered in whole or in part by a [right-of-way](/usc/43/1702.md?p=f), including a [right-of-way](/usc/43/1702.md?p=f) granted under the Act of November 16, 1973 (87 Stat. 576; [30 U.S.C. 185](/usc/30/185.md)), the lands may be conveyed subject to the [right-of-way](/usc/43/1702.md?p=f); however, if the [Secretary](/usc/43/1702.md?p=g) concerned determines that retention of Federal control over the [right-of-way](/usc/43/1702.md?p=f) is necessary to assure that the purposes of this subchapter will be carried out, the terms and conditions of the [right-of-way](/usc/43/1702.md?p=f) complied with, or the lands protected, he shall (a) reserve to the United States that portion of the lands which lies within the boundaries of the [right-of-way](/usc/43/1702.md?p=f), or (b) convey the lands, including that portion within the boundaries of the [right-of-way](/usc/43/1702.md?p=f), subject to the [right-of-way](/usc/43/1702.md?p=f) and reserving to the United States the right to enforce all or any of the terms and conditions of the [right-of-way](/usc/43/1702.md?p=f), including the right to renew it or extend it upon its termination and to collect rents.


## Source credit

(Pub. L. 94–579, title V, § 508, Oct. 21, 1976, 90 Stat. 2781.)

## Notes

### Editorial Notes

### References in Text

Act of November 16, 1973, referred to in text, is Pub. L. 93–153, Nov. 16, 1973, 87 Stat. 576. For complete classification of this Act to the Code, see Tables.

### Executive Documents

### Transfer of Functions

See note set out under section 1763 of this title.