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10 U.S.C. § 2668

Title 10 Chapter 159 Current through PL 118-3 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

§ 2668. Easements for rights-of-way

  • (a) If the Secretary of a military department finds that it will not be against the public interest, the Secretary may grant, upon such terms as the Secretary considers advisable, easements for rights-of-way over, in, and upon public lands permanently withdrawn or reserved for the use of that department, and other lands under the Secretary’s control for—
    • (1) railroad tracks;
    • (2) gas, water, sewer, and oil pipe lines;
    • (3) substations for electric power transmission lines and pumping stations for gas, water, sewer, and oil pipe lines;
    • (4) canals;
    • (5) ditches;
    • (6) flumes;
    • (7) tunnels;
    • (8) dams and reservoirs in connection with fish and wildlife programs, fish hatcheries, and other improvements relating to fish-culture;
    • (9) roads and streets;
    • (10) poles and lines for the transmission or distribution of electric power;
    • (11) poles and lines for the transmission or distribution of communications signals (including telephone and telegraph signals);
    • (12) structures and facilities for the transmission, reception, and relay of such signals; and
    • (13) any other purpose that the Secretary considers advisable.
  • (b) No easement granted under this section may include more land than is necessary for the easement.
  • (c) The Secretary of the military department concerned may terminate all or part of any easement granted under this section for—
    • (1) failure to comply with the terms of the grant;
    • (2) nonuse for a two-year period; or
    • (3) abandonment.
  • (d) Copies of instruments granting easements over public lands under this section shall be furnished to the Secretary of the Interior.
  • (e) Subsections (c) and (e) of section 2667 of this title shall apply with respect to in-kind consideration and proceeds received by the Secretary of a military department in connection with an easement granted under this section in the same manner as such subsections apply to in-kind consideration and money rentals received pursuant to leases entered into by that Secretary under such section.

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