[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3377 Introduced in House (IH)]

  2d Session
                                H. R. 3377

To amend the Federal Land Policy and Management Act of 1976 to provide 
for determining tort liability of holders of rights-of-way over Federal 
    lands under the ordinary rules of negligence and to clarify the 
exemption from right-of-way rental fees for certain rural electric and 
                         telephone facilities.


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 1996

   Mr. Cooley of Oregon (for himself and Mr. DeFazio) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Land Policy and Management Act of 1976 to provide 
for determining tort liability of holders of rights-of-way over Federal 
    lands under the ordinary rules of negligence and to clarify the 
exemption from right-of-way rental fees for certain rural electric and 
                         telephone facilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Right-of-Way Fairness Act''.

SEC. 2. STANDARD FOR DETERMINING LIABILITY OF HOLDERS OF RIGHTS-OF-WAY.

    (a) In General.--Paragraph (2) of section 504(h) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1764(h)) is amended 
to read as follows:
    ``(2) Any regulation or stipulation imposing liability for damage 
or injury shall be determined by ordinary rules of negligence.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to damages or injuries occurring after the date of 
enactment of this Act.

SEC. 3. EXEMPTION FROM RENTAL FEES FOR CERTAIN RURAL ELECTRIC AND 
              TELEPHONE FACILITIES.

    (a) In General.--Section 504(g) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1764(g)) is amended by striking 
``financed pursuant to the Rural Electrification Act of 1936, as 
amended,'' in the last sentence and inserting ``eligible for financing 
pursuant to the Rural Electrification Act of 1936, as amended, 
determined without regard to any application requirement under that 
Act,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to rights-of-way leases held on or after the date of 
enactment of this Act.
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