OCR Text |
Show 628 Then in 1901 the Secretary of the Interior was authorized to issue, also under general regulations to be fixed by him, a revocable permit for the use of rights-of-way through the pub- lic lands, forest, and other reservations of the United States for electric plants, poles, and lines for the generation and dis- tribution of electric power, to the extent of the ground occu- pied by such facilities and not to exceed 50 feet on each side of the marginal limits thereof or each side of the center line of power line.728 Although this Act did not expressly repeal the 1896 provision for rights-of-way, the Supreme Court has stated that the Act of February 15, 1901 "obviously superseded and took the place of the law of May 14, 1896." 729 And in 1908, applications for permission to use rights-of-way for this pur- pose were required to be submitted under the terms of the latter Act, inasmuch as it was for the same purpose and both contemplated mere permission.730 In 1905, the responsibility for executing the laws affecting the national forests was transferred to the Secretary of Agri- culture, but excepted therefrom were such laws as affect the surveying, prospecting, locating, appropriating, entering, re- linquishing, reconveying, certifying, or patenting of any such lands.731 This transferred to the Secretary of Agriculture the authority granted by the 1901 statute and presumably the au- thority granted by the 1896 Act as well, inasmuch as rights- of-way under the 1896 and 1901 statutes were revocable and therefore did not affect the fee or cloud the title; the latter matters remained within the jurisdiction of the Secretary of the Interior.732 The Department of Agriculture has no regula- tion expressly purporting to implement either Act. However, a permit revocable at will proved to be inadequate 728 Act of February 15, 1901, 31 Stat. 790, as amended, 43 U. S. C. 959. 729 Utah Power & Light Go. v. United States, 243 U. S. 389, 407 (1917). 780 Regulations of June 6, 1908, 36 L. D. 567, 580. For current provisions, see 43 C. F. R. 245. 781 Act of February 1,1905, § 1, 33 Stat. 628,16 U. S. C. 472. 732 See 33 L. D. 609 (1905) ; 29 Ops. Att'y Gen. 303 (1912) ; 43 C. F. R. 245.4; 32 C. F. R. 552.7. |