42 ment; (3) protect Federal property and monetary interests; 2 (4) manage efficiently national resource lands which are 3 subject to the right-of-way or adjacent thereto and protect 4 the other lawful users of the national resource lands ad5 jacent to or traversed by said right-of-way; (5) protect lives 6 and property; (6) protect the interests of individuals living 7 in the general area traversed by the right-of-way who rely 8 on the fish, wildlife, and biotic resources of the area for sub9 sistence purposes; and (7) protect the public interest in the 10 national resource lands. 11 SEC. 405. SUSPENSION OR TERMINATION OF RIGHT12 OF-WAY.-Abandonment of the right-of-way or noncompli13 ance with any provision of this title, condition of the right14 of-way, or applicable rule or regulation of the Secretary may 15 be grounds for suspension or termination of the right-of-way 16 if, after due notice to the holder of the right-of-way and an 17 appropriate administrative proceeding pursuant to title 5, 18 United States Code, section 554, the Secretary determines that any such ground exists and that suspension or termi20 nation is justified. No administrative proceeding shall be re21 quired where the right-of-way by its terms provides that it 22 terminates on the occurrence of a fixed or agreed-upon con23 dition, event, or time. If the Secretary determines that an 24 immediate temporary suspension of activities within a right25 of-way for violation of its terms and conditions is necessary 19 43 1 to protect public health or safety or the environment, he may 2 abate such activities prior to an administrative proceeding. 3 Prior to commencing any proceeding to suspend or terminate 4 a right-of-way the Secretary shall give written notice to the 5 holder of the ground or grounds for such action and shall 6 give the holder a reasonable time to resume use of the right7 of-way or to comply with this title, condition, rule, or regu8 lation as the case may be. Deliberate failure of the holder of 9 the right-of-way to use the right-of-way for the purpose for 10 which it was granted, issued, or renewed for any continuous 11 five-year period shall constitute a rebuttable presumption of 12 abandonment of the right-of-way: Provided, however, That 13 where the failure of the holder to use the right-of-way for the 14 purpose for which it was granted, issued, or renewed for any 15 continuous five-year period is due to circumstances not within 16 the holder's control the Secretary is not required to commence proceedings to suspend or terminate the right-of-way. SEC. 406. RIGHTS-OF-WAY FOR FEDERAL AGEN19 CIES. (a) The Secretary may reserve for the use of any 20 department or agency of the United States a right-of-way 21 over, upon, or through national resource lands, subject to 22 such terms and conditions as he may impose. The provisions 23 of this title shall be applicable to any such right-of-way. 24 (b) Where a right-of-way has been provided for the use 25 of any department or agency of the United States, the Secre 17 18 44 1 tary shall take no action to terminate, or otherwise limit, that 2 3 4 use without the consent of the head of that other department or agency. SEC. 407. CONVEYANCE OF LANDS.-If under appli 5 cable law the Secretary decides to transfer out of Federal 6 ownership, by patent, deed, or otherwise, any national re 7 source lands covered in whole or in part by a right-of-way, 8 including a right-of-way granted under the Act of Novem9 ber 16, 1973 (87 Stat. 576), the lands may be conveyed 10 subject to the right-of-way; however, if the Secretary de11 termines that retention of Federal control over the right-of 12 way is necessary to assure that the purposes of this title will 13 be carried out, the terms and conditions of the right-of-way 14 complied with, or the national resource lands protected, he 15 shall (1) reserve to the United States that portion of the 16 lands which lies within the boundaries of the right-of-way, 17 or (2) convey the lands, including that portion within the 18 boundaries of the right-of-way, subject to the right-of-way 19 and reserving to the United States the right to enforce all 20 or any of the terms and conditions of the right-of-way, in21 cluding the right to renew it or extend it upon its termina22 tion and to collect rents. 23 SEC. 408. EXISTING RIGHTS-OF-WAY.-Nothing in 24 this title shall have the effect of terminating any rights-of-way 25 or rights-of-use heretofore issued, granted, or permitted by the 53-644 O - 75-4 45 1 Secretary. However, with the consent of the holder thereof, 2 the Secretary may cancel such a right-of-way and in its stead 3 issue a right-of-way pursuant to the provisions of this title. SEC. 409. STATE STANDARDS.-The Secretary shall 4 5 take into consideration and, to the extent practical, comply 6 with State standards for right-of-way construction, operation, 7 and maintenance if those standards are more stringent than 8 Federal standards and if the national resource lands are ad9 jacent to lands to which such State standards apply. 10 SEC. 410. EFFECT ON OTHER LAWS.-(a) After the 11 date of enactment of this Act, no right-of-way for the pur12 poses listed in this title shall be granted, issued, or renewed 13 over, upon, or through national resource lands except under 14 and subject to the provisions, limitations, and conditions of 15 this title: Provided, That any application for a right-of-way 16 filed under any other law prior to the date of enactment of 17 this Act may, at the applicant's option, be considered as an 18 application under this title or the Act under which the appli19 cation was filed. The Secretary may require the applicant 20 to submit any additional information he deems necessary to 21 comply with the requirements of this title. 22 (b) Nothing in this title shall be construed to preclude 23 the use of national resource lands for highway purposes pur24 suant to sections 107 and 317 of title 23, United States Code. 46 2 3 4 TITLE V-CONSTRUCTION OF LAW, PRESERVA TION OF VALID EXISTING RIGHTS, AND SEC. 501. CONSTRUCTION OF LAW.-(a) Except as 5 provided in section 410, the authority conferred upon the 6 Secretary by this Act is in addition to all other authority 7 vested in him by law, and nothing in this Act shall be deemed to repeal any such other authority by implication. 8 (b) Nothing in this Act shall be construed as limiting or restricting the power and authority of the United States, or (1) as affecting in any way any law governing appropriations or use of, or Federal right to, water on national resource lands; (2) as expanding or diminishing Federal or State jurisdiction, responsibility, interests, or rights in water resources development or control; (3) as displacing, superseding, limiting, or modifying any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more States or of two or more States and the Federal Government; (4) as superseding, modifying, or repealing, except as specifically set forth in this Act, existing laws ap |