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<br /> <br />100 STAT. 3048 <br /> <br />Agriculture and <br />agricultural <br />commodities. <br />Animals. <br />43 use 1766. <br /> <br />Safety. <br /> <br />43 use 1764. <br /> <br />PUBLIC LAW 99-545-0CT. 27, 1986 <br /> <br />ance of an easement pursuant to this subsection such previous grant <br />shall be deemed to have been relinquished and shall terminate. <br />"(B) Easements issued under the authority of this subsection shall <br />be fully transferable with all existing conditions and without the <br />imposition of fees or new conditIons or stipulations at the time of <br />transfer. The holder shall notify the Secretary of Agriculture within <br />sixty days of any address change of the holder or change in owner. <br />ship of the facilities. <br />"(el Easements issued under the authority of this subsection shall <br />include all changes or modifications to the original facilities in <br />existence as of October 21, 1976, the date of enactment of this Act. <br />"(D) Any future extension or enlargement of facilities after Octo- <br />ber 21, 1976, shall require the issuance of a separate authorization, <br />not authorized under this subsection <br />"(3XA) Except as otherwise provided in this subsection, the Sec- <br />retary of Agriculture may terminate or suspend an easement issued <br />pursuant to this subsection in accordance with the procedural and <br />other provisions of section 506 of this Act. An easement issued <br />pursuant to this subsection shall terminate if the water system for <br />which such easement was issued is used for any purpose other than <br />agricultural irrigation or livestock watering use. For purposes of <br />subparagraph (D) of paragraph (1) of this subsection, non-use of a <br />water system for agricultural irrigation or livestock watering pur- <br />poses for any continuous five.year period shall constitute a rebutta. <br />ble presumption of abandonment of the facilities comprising such <br />system. <br />"(B) Nothing in this subsection shall be deemed to be an assertion <br />by the United States of any right or claim with regard to the <br />reservation, acquisition, or use of water. Nothing in this subsection <br />shall be deemed to confer on the Secretary of Agriculture any power <br />or authority to regulate or control in any manner the appropriation, <br />diversion, or use of water for any purpose (nor to diminish any such <br />power or authority of such Secretary under applicable law) or to <br />require the conveyance or transfer to the United States of any right <br />or claim to the appropriation, diversion, or use of water. <br />"(e) Except as otherwise provided in this subsection, all rights-of. <br />way issued pursuant to this subsection are subject to all conditions <br />and requirements of this Act. <br />"(D) In the event a right-of.way issued pursuant to this subsection <br />is allowed to deteriorate to the point of threatening persons or <br />property and the holder of the right-of-way, after consultation with <br />the Secretary of Agriculture, refuses to perform the repair and <br />maintenance necessary to remove the threat to persons or property, <br />the Secretary shall have the right to undertake such repair and <br />maintenance on the right-of-way and to assess the holder for the <br />costs of such repair and maintenance, regardless of whether the <br />Secretary had required the holder to furnish a bond or other secu- <br />rity pursuant to subsection (i) of this section.... <br />(c) Section 501 of the Act is amended by adding at the end of <br />subsection (b) the following paragraph: <br />"(3) The Secretary of Agriculture shall have the authority to <br />administer all rights-of.way granted or issued under authority <br />of previous Acts with respect to lands under the jurisdiction of <br />the Secretary of Agriculture, including rights-of-way granted or <br />issued pursuant to authority given to the Secretary of the <br />Interior by such previous Acts.... <br />SEC. 2. Section 504 ofthe Act is amended by- <br />