US (United States) Code. Title 43. Chapter 22: Rights-of-way and other easements in public lands

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

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-CITE-

43 USC CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN

PUBLIC LANDS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-MISC1-

Sec.

931. Navigable rivers as public highways.

931a. Authority of Attorney General to grant easements and

rights-of-way to States, etc.

931b. Repealed.

931c. Permits, leases, or easements; authorization to grant;

payment; limitation.

931d. Additional authority of department or agency head.

932, 933. Repealed.

934. Right of way through public lands granted to

railroads.

935. Several roads through canyons.

936. Condemnation of private land.

937. Filing profile of road; forfeiture of rights.

938. Lands excepted.

939. Alteration, amendment, or repeal.

940. Forfeiture of rights where railroad not constructed in

five years after location.

941. Railroad stations on rights of way granted.

942. Omitted.

942-1. Rights of way in Alaska; railroad rights of way;

reservations; water transportation connections; State

title to submerged lands; Federal repossession as

trustee; "navigable waters" defined; posting

schedules of rates; changes in rates.

942-2. Rights of several roads through canyons.

942-3. Condemnation of land.

942-4. Filing preliminary survey, map and profile of road.

942-5. Filing map and profile of road section; forfeiture of

rights; reversion of grant.

942-6. Rights of way for Alaskan wagon roads, wire rope,

aerial, or other tramways; reservations; filing

preliminary survey and map of location; alteration,

amendment, repeal, or grant of equal rights;

forfeiture of rights; reversion of grant; liens.

942-7. Military park, Indian or other reservation.

942-8. Reservation of right of alteration, amendment, or

repeal; assignment of right of way.

942-9. Map location of road.

943. Right of way for railroads; reserved lands in

Minnesota.

944. Right of way in Oklahoma and Arizona.

945. Reservation in patents of right of way for ditches or

canals.

945a. Compensation for rights-of-way for certain reclamation

projects.

945b. Jurisdiction; procedure.

946. Right of way to canal ditch companies and irrigation

or drainage districts for irrigation or drainage

purposes and operation and maintenance of reservoirs,

canals, and laterals.

947. Map; damages to settlers.

948. Application to existing and future canals.

949. Use for canal or ditch only.

950. Right of way to canal and ditch companies for

irrigation purposes; additional grants.

951. Right of way for water transportation, domestic

purposes, or development of power.

952. Reservoir sites for water for livestock.

953. Declaratory statement as to reservoirs.

954. Survey; map of reservoirs.

955. Amendment, alteration, or repeal.

956. Right of way for tramroads, canals, or reservoirs.

957. Right of way to electric power companies.

958. Rights of way for wagon roads or railroads.

959. Rights of way for electrical plants, etc.

961. Rights-of-way through public lands, Indian, and other

reservations for power and communications facilities.

962. Right of way in Colorado and Wyoming to pipeline

companies.

963. Applications for Colorado and Wyoming pipeline right

of way.

964. Limit of time for completion of Colorado and Wyoming

pipelines; forfeiture.

965. Restriction on use of Colorado and Wyoming pipeline

right of way.

966. Right of way in Arkansas to pipe-line companies.

967. Applications for Arkansas pipeline right of way.

968. Restriction on use of Arkansas pipeline right of way.

969. Forfeiture of Arkansas pipeline right of way for

nonuser, etc.

970. Forfeiture of Arkansas pipeline right of way for

violation of antitrust law.

971. Bathhouses, hotels, etc., adjacent to mineral,

medicinal, etc., springs on public lands.

971a. Alaskan lands within highway, telephone, and pipeline

withdrawals; disposal; amendment of land description

of claim or entry on adjoining lands.

971b. Sale of restored Alaskan lands; preference rights;

consent of Federal agency.

971c. Utilization or occupancy of Alaskan easements; consent

of agency.

971d. Effect on valid existing Alaskan rights.

971e. Definition of restored Alaskan lands.

975 to 975g. Repealed.

-End-

-CITE-

43 USC Sec. 931 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 931. Navigable rivers as public highways

-STATUTE-

All navigable rivers, within the territory occupied by the public

lands, shall remain and be deemed public highways; and, in all

cases where the opposite banks of any streams not navigable belong

to different persons, the stream and the bed thereof shall become

common to both.

-SOURCE-

(R.S. Sec. 2476.)

-COD-

CODIFICATION

R.S. Sec. 2476 derived from acts May 18, 1796, ch. 29, Sec. 9, 1

Stat. 468; Mar. 3, 1803, ch. 27, Sec. 17, 2 Stat. 235.

-End-

-CITE-

43 USC Sec. 931a 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 931a. Authority of Attorney General to grant easements and

rights-of-way to States, etc.

-STATUTE-

The Attorney General, whenever he deems it advantageous to the

Government and upon such terms and conditions as he deems

advisable, is authorized on behalf of the United States to grant to

any State, or any agency or political subdivision thereof,

easements in and rights-of-way over lands belonging to the United

States which are under his supervision and control. Such grant may

include the use of such easements or rights-of-way by public

utilities to the extent authorized and under the conditions imposed

by the laws of such State relating to use of public highways. Such

partial, concurrent, or exclusive jurisdiction over the areas

covered by such easements or rights-of-way, as the Attorney General

deems necessary or desirable, is ceded to such State. The Attorney

General is authorized to accept or secure on behalf of the United

States from the State in which is situated any land conveyed in

exchange for any such easement or right-of-way, such jurisdiction

as he may deem necessary or desirable over the land so acquired.

-SOURCE-

(May 9, 1941, ch. 94, 55 Stat. 183.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 421c of this title.

-End-

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43 USC Sec. 931b 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 931b. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat.

641

-MISC1-

Section, act July 24, 1946, ch. 596, Sec. 7, 60 Stat. 643,

authorized Secretary of War to grant easements and rights-of-way to

States, etc. See section 2668 of Title 10, Armed Forces.

-End-

-CITE-

43 USC Sec. 931c 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 931c. Permits, leases, or easements; authorization to grant;

payment; limitation

-STATUTE-

The head of any department or agency of the Government of the

United States having jurisdiction over public lands and national

forests, except national parks and monuments, of the United States

is authorized to grant permits, leases, or easements, in return for

the payment of a price representing the fair market value of such

permit, lease, or easement, to be fixed by such head of such

department or agency through appraisal, for a period not to exceed

thirty years from the date of any such permit, lease, or easement

to States, counties, cities, towns, townships, municipal

corporations, or other public agencies for the purpose of

constructing and maintaining on such lands public buildings or

other public works. In the event such lands cease to be used for

the purpose for which such permit, lease, or easement was granted,

the same shall thereupon terminate.

-SOURCE-

(Sept. 3, 1954, ch. 1255, Sec. 1, 68 Stat. 1146.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

EXISTING RIGHTS-OF-WAY

Provisions of section 706(a) of Pub. L. 94-579, except as

pertaining to rights-of-way, not to be construed as affecting the

authority of the Secretary of Agriculture under this section, see

section 706(b) of Pub. L. 94-579, set out as a note under section

1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421c, 931d of this title.

-End-

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43 USC Sec. 931d 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 931d. Additional authority of department or agency head

-STATUTE-

The authority conferred by section 931c of this title shall be in

addition to, and not in derogation of any authority heretofore

conferred upon the head of any department or agency of the

Government of the United States to grant permits, leases,

easements, or rights-of-way.

-SOURCE-

(Sept. 3, 1954, ch. 1255, Sec. 2, 68 Stat. 1146.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 421c of this title.

-End-

-CITE-

43 USC Sec. 932 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 932. Repealed. Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793

-MISC1-

Section, R.S. Sec. 2477, authorized rights of way for

construction of highways over public lands not reserved for public

uses.

EFFECTIVE DATE OF REPEAL

Section 706(a) of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

REGULATIONS AFFECTING RIGHTS-OF-WAY

Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I, Sec.

108], Sept. 30, 1996, 110 Stat. 3009-181, 3009-200, provided that:

"No final rule or regulation of any agency of the Federal

Government pertaining to the recognition, management, or validity

of a right-of-way pursuant to Revised Statute 2477 ([former] 43

U.S.C. 932) shall take effect unless expressly authorized by an Act

of Congress subsequent to the date of enactment of this Act [Sept.

30, 1996]."

-End-

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43 USC Sec. 933 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 933. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641

-MISC1-

Section, act July 5, 1884, ch. 214, Sec. 6, 23 Stat. 104, related

to powers of Secretary of War to permit extension of roads across

military reservations, landing of ferries, erection of bridges, and

driving of livestock. See sections 4777 and 9777 of Title 10, Armed

Forces.

-End-

-CITE-

43 USC Sec. 934 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 934. Right of way through public lands granted to railroads

-STATUTE-

The right of way through the public lands of the United States is

granted to any railroad company duly organized under the laws of

any State or Territory, except the District of Columbia, or by the

Congress of the United States, which shall have filed with the

Secretary of the Interior a copy of its articles of incorporation,

and due proofs of its organization under the same, to the extent of

one hundred feet on each side of the central line of said road;

also the right to take, from the public lands adjacent to the line

of said road, material, earth, stone, and timber necessary for the

construction of said railroad; also ground adjacent to such right

of way for station buildings, depots, machine shops, side tracks,

turnouts, and water stations, not to exceed in amount twenty acres

for each station, to the extent of one station for each ten miles

of its road.

-SOURCE-

(Mar. 3, 1875, ch. 152, Sec. 1, 18 Stat. 482.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 937, 938, 939, 940, 943,

944 of this title.

-End-

-CITE-

43 USC Sec. 935 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 935. Several roads through canyons

-STATUTE-

Any railroad company whose right of way, or whose track or

roadbed upon such right of way, passes through any canyon, pass, or

defile, shall not prevent any other railroad company from the use

and occupancy of the said canyon, pass, or defile, for the purposes

of its road, in common with the road first located, on the crossing

of other railroads at grade. And the location of such right of way

through any canyon, pass, or defile shall not cause the disuse of

any wagon or other public highway located therein on March 3, 1875,

nor prevent the location through the same of any such wagon road or

highway where such road or highway may be necessary for the public

accommodation; and where any change in the location of such wagon

road is necessary to permit the passage of such railroad through

any canyon, pass, or defile, said railroad company shall before

entering upon the ground occupied by such wagon road, cause the

same to be reconstructed at its own expense in the most favorable

location, and in as perfect a manner as the original road:

Provided, That such expenses shall be equitably divided between any

number of railroad companies occupying and using the same canyon,

pass, or defile.

-SOURCE-

(Mar. 3, 1875, ch. 152, Sec. 2, 18 Stat. 482.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 937, 938, 939, 940, 943,

944 of this title; title 25 section 316.

-End-

-CITE-

43 USC Sec. 936 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 936. Condemnation of private land

-STATUTE-

The legislature of the proper Territory may provide for the

manner in which private lands and possessory claims on the public

lands of the United States may be condemned; and where such

provision shall not have been made, such condemnation may be made

in accordance with section 3 of the act entitled "An Act to amend

an Act entitled 'An Act to aid in the construction of a railroad

and telegraph line from the Missouri River to the Pacific Ocean,

and to secure to the Government the use of the same for postal,

military, and other purposes, approved July 1, 1862,' " approved

July 2, 1864 [43 U.S.C. 942-3].

-SOURCE-

(Mar. 3, 1875, ch. 152, Sec. 3, 18 Stat. 482.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 937, 938, 939, 940, 943,

944 of this title.

-End-

-CITE-

43 USC Sec. 937 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 937. Filing profile of road; forfeiture of rights

-STATUTE-

Any railroad company desiring to secure the benefits of sections

934 to 939 of this title, shall, within twelve months after the

location of any section of twenty miles of its road, if the same be

upon surveyed lands, and, if upon unsurveyed lands, within twelve

months after the survey thereof by the United States, file with the

officer, as the Secretary of the Interior may designate, of the

land office for the district where such land is located a profile

of its road; and upon approval thereof by the Secretary of the

Interior the same shall be noted upon the plats in said office; and

thereafter all such lands over which such right of way shall pass

shall be disposed of subject to such right of way: Provided, That

if any section of said road shall not be completed within five

years after the location of said section, the rights herein granted

shall be forfeited as to any such uncompleted section of said road.

-SOURCE-

(Mar. 3, 1875, ch. 152, Sec. 4, 18 Stat. 483; 1946 Reorg. Plan No.

3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

"Officer, as the Secretary of the Interior may designate"

substituted for "register" on authority of section 403 of Reorg.

Plan No. 3 of 1946, which abolished all registers of district land

offices and transferred functions of register of district land

office to Secretary of the Interior. See section 403 of Reorg. Plan

No. 3 of 1946, set out as a note under section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 938, 939, 940, 943, 944

of this title.

-End-

-CITE-

43 USC Sec. 938 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 938. Lands excepted

-STATUTE-

Sections 934 to 939 of this title shall not apply to any lands

within the limits of any military, park, or Indian reservation, or

other lands especially reserved from sale, unless such right of way

shall be provided for by treaty-stipulation or by Act of Congress

passed prior to March 3, 1875.

-SOURCE-

(Mar. 3, 1875, ch. 152, Sec. 5, 18 Stat. 483.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 937, 939, 940, 943, 944

of this title.

-End-

-CITE-

43 USC Sec. 939 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 939. Alteration, amendment, or repeal

-STATUTE-

Congress reserves the right at any time to alter, amend, or

repeal sections 934 to 939 of this title, or any part thereof.

-SOURCE-

(Mar. 3, 1875, ch. 152, Sec. 6, 18 Stat. 483.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 937, 938, 940, 943, 944

of this title.

-End-

-CITE-

43 USC Sec. 940 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 940. Forfeiture of rights where railroad not constructed in

five years after location

-STATUTE-

Each and every grant of right of way and station grounds made

prior to February 25, 1909, to any railroad corporation under

sections 934 to 939 of this title, where such railroad had not been

constructed and the period of five years next following the

location of said road, or any section thereof, had on that date

expired, is declared forfeited to the United States, to the extent

of any portion of such located line then remaining unconstructed,

and the United States resumes the full title to the lands covered

thereby free and discharged from such easement, and the forfeiture

declared shall, without need of further assurance or conveyance,

inure to the benefit of any owner or owners of land conveyed by the

United States prior to such date subject to any such grant of right

of way or station grounds: Provided, That no right of way on which

construction was progressing in good faith on February 25, 1909,

shall be in any wise affected, validated, or invalidated, by the

provisions of this section.

-SOURCE-

(June 26, 1906, ch. 3350, 34 Stat. 482; Feb. 25, 1909, ch. 191, 35

Stat. 647.)

-End-

-CITE-

43 USC Sec. 941 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 941. Railroad stations on rights of way granted

-STATUTE-

All railroad companies operating railroads through the

Territories of the United States over a right of way obtained under

any grant or Act of Congress giving to said railroad companies the

right of way over the public lands of the United States shall be

required to establish and maintain passenger stations and freight

depots at or within one-fourth of a mile of the boundary limits of

all town sites established prior to August 8, 1894, in said

Territories on the line of said railroads by authority of the

Interior Department.

-SOURCE-

(Aug. 8, 1894, ch. 236, Sec. 1, 28 Stat. 263.)

-End-

-CITE-

43 USC Sec. 942 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 942. Omitted

-COD-

CODIFICATION

Section, act Aug. 8, 1894, ch. 236, Sec. 2, 28 Stat. 263,

required railroad companies to establish within three months after

Aug. 8, 1894, passenger and freight stations in all towns.

-End-

-CITE-

43 USC Sec. 942-1 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 942-1. Rights of way in Alaska; railroad rights of way;

reservations; water transportation connections; State title to

submerged lands; Federal repossession as trustee; "navigable

waters" defined; posting schedules of rates; changes in rates

-STATUTE-

The right of way through the lands of the United States in Alaska

is granted to any railroad company, duly organized under the laws

of any State or Territory or by the Congress of the United States,

which may on and after May 14, 1898, file for record with the

Secretary of the Interior a copy of its articles of incorporation

and due proofs of its organization under the same, to the extent of

one hundred feet on each side of the center line of said road; also

the right to take from the lands of the United States adjacent to

the line of said road, material, earth, stone, and timber necessary

for the construction of said railroad; also the right to take for

railroad uses, subject to the reservation of all minerals and coal

therein, public lands adjacent to said right of way for station

buildings, depots, machine shops, side tracks, turn-outs, water

stations, and terminals, and other legitimate railroad purposes,

not to exceed in amount twenty acres for each station, to the

extent of one station for each ten miles of its road, excepting at

terminals and junction points, which may include additional forty

acres, to be limited on navigable waters to eighty rods on the

shore line, and with the right to use such additional ground as may

in the opinion of the Secretary of the Interior be necessary where

there are heavy cuts or fills: Provided, That nothing herein

contained shall be so construed as to give to such railroad

company, its lessees, grantees, or assigns the ownership or use of

minerals, including coal, within the limits of its right of way, or

of the lands granted: Provided further, That all mining operations

prosecuted or undertaken within the limits of such right of way or

of the lands granted shall under rules and regulations to be

prescribed by the Secretary of the Interior, be so conducted as not

to injure or interfere with the property or operations of the road

over its said lands or right of way. And when such railway shall

connect with any navigable stream or tide water such company shall

have power to construct and maintain necessary piers and wharves

for connection with water transportation, subject to the

supervision of the Secretary of the Treasury: Provided, That

nothing in sections 687a, 687a-2 to 687a-5,(!1) and 942-1 to 942-9

of this title and sections 607a and 615a of title 16 contained

shall be construed as impairing in any degree the title of any

State that may hereafter be erected out of the Territory of Alaska,

or any part thereof, to tide lands and beds of any of its navigable

waters, or the right of such State to regulate the use thereof, nor

the right of the United States to resume possession of such lands,

it being declared that all such rights shall continue to be held by

the United States in trust for the people of any State or States

which may on and after May 14, 1898, be erected out of said

Territory. The term "navigable waters," as herein used, shall be

held to include all tidal waters up to the line of ordinary high

tide and all nontidal waters navigable in fact up to the line of

ordinary high-water mark. All charges for the transportation of

freight and passengers on railroads in Alaska shall be printed and

posted as required by section 10762 (!1) of title 49, and such

rates shall be subject to revision and modification by the

Secretary of the Interior.

-SOURCE-

(May 14, 1898, ch. 299, Sec. 2, 30 Stat. 409.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-REFTEXT-

REFERENCES IN TEXT

Sections 687a and 687a-2 to 687a-5 of this title, referred to in

text, were repealed by Pub. L. 94-579, title VII, Secs. 703(a),

704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.

Section 10762 of title 49, referred to in text, was omitted in

the general amendment of subtitle IV of Title 49, Transportation,

by Pub. L. 104-88, title I, Sec. 102(a), Dec. 29, 1995, 109 Stat.

804. Previously, "section 10762 of title 49" was substituted in

text for "section 6 of an Act to regulate commerce as amended on

March second, eighteen hundred and eighty-nine [49 U.S.C. 6]" on

authority of Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat.

1466, the first section of which enacted subtitle IV of Title 49.

Section was formerly classified to section 411 of Title 48,

Territories and Insular Possessions.

-MISC1-

SHORT TITLE

Sections 942-1 to 942-9 of this title are popularly known as the

"Alaska Right of Way Act".

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959. 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 942-3, 942-4, 942-5,

942-6, 942-7, 942-8 of this title; title 16 section 3215.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 942-2 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 942-2. Rights of several roads through canyons

-STATUTE-

Any railroad company whose right of way, or whose track or

roadbed upon such right of way, passes through any canyon, pass, or

defile shall not prevent any other railroad company from the use

and occupancy of said canyon, pass, or defile for the purposes of

its road, in common with the road first located, or the crossing of

other railroads at grade; and the location of such right of way

through any canyon, pass, or defile shall not cause the disuse of

any tramway, wagon road, or other public highway now located

therein, nor prevent the location through the same of any such

tramway, wagon road, or highway where such tramway, wagon road, or

highway may be necessary for the public accommodation; and where

any change in the location of such tramway, wagon road, or highway

is necessary to permit the passage of such railroad through any

canyon, pass, or defile, said railroad company shall, before

entering upon the ground occupied by such tramway, wagon road, or

highway, cause the same to be reconstructed at its own expense in

the most favorable location, and in as perfect a manner as the

original road or tramway: Provided, That such expenses shall be

equitably divided between any number of railroad companies

occupying and using the same canyon, pass, or defile, and that

where the space is limited the United States district court shall

require the road first constructed to allow any other railroad or

tramway to pass over its track or tracks through such canyon, pass,

or defile on such equitable basis as the said court may prescribe;

and all shippers shall be entitled to equal accommodations as to

the movement of their freight and without discrimination in favor

of any person or corporation: Provided, That nothing herein shall

be construed as depriving Congress of the right to regulate the

charges for freight, passengers and wharfage.

-SOURCE-

(May 14, 1898, ch. 299, Sec. 3, 30 Stat. 410.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-COD-

CODIFICATION

Section was formerly classified to section 412 of Title 48,

Territories and Insular Possessions.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 942-1, 942-3, 942-4,

942-5, 942-6, 942-7, 942-8 of this title; title 16 section 3215.

-End-

-CITE-

43 USC Sec. 942-3 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 942-3. Condemnation of land

-STATUTE-

Where any company, the right of way to which is granted by

sections 687a, 687a-2 to 687a-5,(!1) and 942-1 to 942-9 of this

title and sections 607a and 615a of title 16, shall in the course

of construction find it necessary to pass over private lands or

possessory claims on lands of the United States, condemnation of a

right of way across the same may be made in the following manner:

In case the owner or claimant of such lands or premises and such

company can not agree as to the damages, the amount shall be

determined by the appraisal of three disinterested commissioners,

who may be appointed upon application by any party to any judge of

a court of record in Alaska; and said commissioners, in their

assessments of damages, shall appraise such premises at what would

have been the value thereof if the road had not been built; and

upon return into court of such appraisement, and upon the payment

to the clerk thereof of the amount so awarded by the commissioners

for the use and benefit of the owner thereof, said premises shall

be deemed to be taken by said company, which shall thereby acquire

full title to the same for the purposes aforesaid. And either party

feeling aggrieved by said assessment may, within thirty days, file

an appeal therefrom, and demand a jury of twelve men to estimate

the damage sustained; but such appeal shall not interfere with the

rights of said company to enter upon the premises taken, or to do

any act necessary in the construction of its road. And said party

appealing shall give bonds with sufficient surety or sureties for

the payment of any costs that may arise upon such appeal. And in

case the party appealing does not obtain a more favorable verdict,

such party shall pay the whole cost incurred by the appellee, as

well as its own. And the payment into court for the use of the

owner of claimant, of a sum equal to that finally awarded shall be

held to vest in said company the title of said land, and the right

to use and occupy the same for the construction, maintaining and

operating of the road of said company. And in case any of the lands

to be taken as aforesaid shall be held by any person residing

without the Territory, or subject to any legal disability, the

court may appoint a proper person who shall give bonds with

sufficient surety or sureties, for the faithful execution of his

trust, and who may represent in court the person disqualified or

absent as aforesaid, when the same proceeding shall be had in

reference to the appraisement of the premises to be taken, and with

the same effect as has been already described. And the title of the

company to the land taken by virtue of this section shall not be

affected nor impaired by reason of any failure by any guardian to

discharge faithfully his trust. And in case it shall be necessary

for the said company to enter upon lands which are unoccupied, and

of which there is no apparent owner or claimant, it may proceed to

take and use the same for the purpose of its said railroad, and may

institute proceedings in the manner described for the purpose of

ascertaining the value of, and acquiring a title to, the same; and

the court may determine the kind of notice to be served on such

owner or owners, and may in its discretion appoint an agent or

guardian to represent such owner or owners in case of his or their

incapacity or nonappearance. But in case no claimant shall appear

within six years from the time of the opening of said road across

any land, all claims to damages against said company shall be

barred. It shall be competent for the legal guardian of any infant,

or any other person under guardianship, to agree with the said

company as to damages sustained by reason of the taking of any

lands of any such person under disability, as aforesaid, for the

use as aforesaid; and upon such agreement being made, and approved

by the court having supervision of the official acts of said

guardian, and said guardian shall have full power to make and

execute a conveyance thereof to the said company which shall vest

the title thereto in the said company.

-SOURCE-

(July 2, 1864, ch. 216, Sec. 3, 13 Stat. 357; May 14, 1898, ch.

299, Sec. 4, 30 Stat. 410.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-REFTEXT-

REFERENCES IN TEXT

Sections 687a and 687a-2 to 687a-5 of this title, referred to in

text, were repealed by Pub. L. 94-579, title VII, Secs. 703(a),

704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.

-COD-

CODIFICATION

The first sentence of this section to the colon is from section 4

of act May 14, 1898, which, as originally enacted, provided that

the condemnation might be made in accordance with section 3 of act

July 2, 1864. The remainder of this section is from section 3 of

act July 2, 1864, incorporated herein for convenience of reference.

The proviso of section 4 of act May 14, 1898, is classified to

section 942-4 of this title.

Section was formerly classified to section 413 of Title 48,

Territories and Insular Possessions.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 936, 942-1, 942-4, 942-5,

942-6, 942-7, 942-8 of this title; title 16 section 3215.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 942-4 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 942-4. Filing preliminary survey, map and profile of road

-STATUTE-

Any company mentioned in sections 687a, 687a-2 to 687a-5,(!1) and

942-1 to 942-9 of this title and sections 607a and 615a of title

16, by filing with the Secretary of the Interior a preliminary

actual survey and plat of its proposed route, shall have the right

at any time within one year thereafter to file the map and profile

of definite location and such preliminary survey and plat shall

during the said period of one year from the time of filing the same

have the effect to render all the lands on which said preliminary

survey and plat shall pass subject to the right of way mentioned in

section 942-3 of this title.

-SOURCE-

(May 14, 1898, ch. 299, Sec. 4, 30 Stat. 410.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-REFTEXT-

REFERENCES IN TEXT

Sections 687a and 687a-2 to 687a-5 of this title, referred to in

text, were repealed by Pub. L. 94-579, title VII, Secs. 703(a),

704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.

-COD-

CODIFICATION

Section is comprised of the proviso of section 4 of act May 14,

1898. The remainder of section 4 of act May 14, 1898, is classified

to section 942-3 of this title.

Section was formerly classified to section 414 of Title 48,

Territories and Insular Possessions.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

EXTENSION OF TIME TO COMPLETE RAILROAD

The time of the Western Alaska Construction Company to comply

with the provisions of this section and section 942-6 of this

title, in acquiring and completing its railroad, was extended by

act Apr. 9, 1904, ch. 1165, 33 Stat. 165.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 942-1, 942-3, 942-5,

942-6, 942-7, 942-8 of this title; title 16 section 3215.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 942-5 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 942-5. Filing map and profile of road section; forfeiture of

rights; reversion of grant

-STATUTE-

Any company desiring to secure the benefits of sections 687a,

687a-2 to 687a-5,(!1) and 942-1 to 942-9 of this title and sections

607a and 615a of title 16, shall, within twelve months after filing

the preliminary map of location of its road as hereinbefore

prescribed, whether upon surveyed or unsurveyed lands, file with

such officer as the Secretary of the Interior may designate of the

land office for the district where such land is located a map and

profile of at least a twenty-mile section of its road or a profile

of its entire road if less than twenty miles, as definitely fixed;

and shall thereafter each year definitely locate and file a map of

such location as aforesaid of not less than twenty miles additional

of its line of road until the entire road has been thus definitely

located, and upon approval thereof by the Secretary of the Interior

the same shall be noted upon the records of said office, and

thereafter all such lands over which such right of way shall pass

shall be disposed of subject to each right of way: Provided, That

if any section of said road shall not be completed within one year

after the definite location of said section so approved, or if the

map of definite location be not filed within one year as herein

required, or if the entire road shall not be completed within four

years from the filing of the map of definite location, the rights

herein granted shall be forfeited as to any such uncompleted

section of said road, and thereupon shall revert to the United

States without further action or declaration, the notation of such

uncompleted section upon the records of the land office shall be

canceled, and the reservations of such lands for the purposes of

said right of way, stations, and terminals shall cease and become

null and void without further action.

-SOURCE-

(May 14, 1898, ch. 299, Sec. 5, 30 Stat. 410; 1946 Reorg. Plan. No.

3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-REFTEXT-

REFERENCES IN TEXT

Sections 687a and 687a-2 to 687a-5 of this title, referred to in

text, were repealed by Pub. L. 94-579, title VII, Secs. 703(a),

704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.

-COD-

CODIFICATION

Section was formerly classified to section 415 of Title 48,

Territories and Insular Possessions.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

"Such officer as the Secretary of the Interior may designate"

substituted in text for "register" on authority of section 403 of

Reorg. Plan No. 3 of 1946, which abolished all registers of

district land offices and transferred functions of register of

district land office to Secretary of the Interior. See section 403

of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 942-1, 942-3, 942-4,

942-6, 942-7, 942-8 of this title; title 16 section 3215.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 942-6 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 942-6. Rights of way for Alaskan wagon roads, wire rope,

aerial, or other tramways; reservations; filing preliminary

survey and map of location; alteration, amendment, repeal, or

grant of equal rights; forfeiture of rights; reversion of grant;

liens

-STATUTE-

The Secretary of the Interior is authorized to issue a permit, by

instrument in writing, in conformity with and subject to the

restrictions herein contained, unto any responsible person,

company, or corporation, for a right of way over the public domain

in Alaska, not to exceed one hundred feet in width, and ground for

station and other necessary purposes not to exceed five acres for

each station for each five miles of road, to construct wagon roads

and wire rope, aerial, or other tramways, and the privilege of

taking all necessary material from the public domain in said

district for the construction of such wagon roads or tramways,

together with the right, subject to supervision and at rates to be

approved by said Secretary, to levy and collect toll or freight and

passenger charges on passengers, animals, freight, or vehicles

passing over the same for a period not exceeding twenty years, and

said Secretary is also authorized to sell to the owner or owners of

any such wagon road or tramway, upon the completion thereof, not to

exceed twenty acres of public land at each terminus at $1.25 per

acre, such lands when located at or near tide water not to extend

more than forty rods in width along the shore line and the title

thereto to be upon such expressed conditions as in his judgment may

be necessary to protect the public interest, and all minerals,

including coal, in such right of way or station grounds shall be

reserved to the United States: Provided, That such lands may be

located concurrently with the line of such road or tramway, and the

plat of preliminary survey and the map of definite location shall

be filed as in the case of railroads and subject to the same

conditions and limitations: Provided further, That such rights of

way and privileges shall only be enjoyed by or granted to citizens

of the United States or companies or corporations organized under

the laws of a State or Territory; and such rights and privileges

shall be held subject to the right of Congress to alter, amend,

repeal, or grant equal rights to others on contiguous or parallel

routes. And no right to construct a wagon road on which toll may be

collected shall be granted unless it shall first be made to appear

to the satisfaction of the Secretary of the Interior that the

public convenience requires the construction of such proposed road,

and that the expense of making the same available and convenient

for public travel will not be less on an average than $500 per

mile: Provided, That if the proposed line of road in any case shall

be located over any road or trail in common use for public travel,

the Secretary of the Interior shall decline to grant such right of

way, if, in his opinion, the interests of the public would be

injuriously affected thereby. Nor shall any right to collect toll

upon any wagon road in Alaska be granted or inure to any person,

corporation, or company until it shall be made to appear to the

satisfaction of said Secretary that at least an average of $500 per

mile has been actually expended in constructing such road: and all

persons are prohibited from collecting or attempting to collect

toll over any wagon road in Alaska, unless such person or the

company or person for whom he acts shall at the time and place the

collection is made or attempted to be made possess written

authority, signed by the Secretary of the Interior, authorizing the

collection and specifying the rates of toll: Provided, That

accurate printed copies of said written authority from the

Secretary of the Interior, including toll, freight, and passenger

charges thereby approved, shall be kept constantly and

conspicuously posted at each station where toll is demanded or

collected. And any person, corporation, or company collecting or

attempting to collect toll without such written authority from the

Secretary of the Interior, or failing to keep the same posted as

herein required, shall be deemed guilty of a misdemeanor, and on

conviction thereof shall be fined for each offense not less than

$50 nor more than $500, and in default of payment of such fine and

costs of prosecution shall be imprisoned in jail not exceeding

ninety days, or until such fine and costs of prosecution shall have

been paid.

Any person, corporation, or company qualified to construct a

wagon road or tramway under the provisions of this section that may

prior to May 14, 1898, have constructed not less than one mile of

road, at a cost of not less than $500 per mile, or one-half mile of

tramway at a cost of not less than $500, shall have the prior right

to apply for such right of way and for lands at stations and

terminals and to obtain the same pursuant to the provisions of this

section over and along the line hitherto constructed or actually

being improved by the applicant, including wharves connected

therewith. If any party to whom license has been granted to

construct such wagon road or tramway shall, for the period of one

year, fail, neglect, or refuse to complete the same, the rights

herein granted shall be forfeited as to any such uncompleted

section of said wagon road or tramway, and thereupon shall revert

to the United States without further action or declaration, the

notation of such uncompleted section upon the records of the land

office shall be cancelled, and the reservations of such lands for

the purposes of said right of way shall cease and become null and

void, without further action. And if such road or tramway shall not

be kept in good condition for use, the Secretary of the Interior

may prohibit the collection of toll thereon pending the making of

necessary repairs.

All mortgages executed by any company acquiring a right of way

under sections 687a, 687a-2 to 687a-5,(!1) and 942-1 to 942-9 of

this title and sections 607a and 615a of title 16, upon any portion

of its road that may be constructed in Alaska, shall be recorded

with the Secretary of the Interior, and the record thereof shall be

notice of their execution, and shall be a lien upon all the rights

and property of said company as therein expressed, and such

mortgage shall also be recorded in the office of the secretary of

the Territory of Alaska and in the office of the secretary of the

State or Territory wherein such company is organized. All lawful

claims of laborers, contractors, subcontractors, or materialmen,

for labor performed or material furnished in the construction of

the railroad, tramway, or wagon road shall be a first lien thereon

and take precedence of any mortgage or other lien.

-SOURCE-

(May 14, 1898, ch. 299, Sec. 6, 30 Stat. 411.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-REFTEXT-

REFERENCES IN TEXT

Sections 687a and 687a-2 to 687a-5 of this title, referred to in

third par., were repealed by Pub. L. 94-579, title VII, Secs.

703(a), 704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.

-COD-

CODIFICATION

Section was formerly classified to section 416 of Title 48,

Territories and Insular Possessions.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 399, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 942-1, 942-3, 942-4,

942-5, 942-7, 942-8 of this title; title 16 section 3215.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 942-7 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 942-7. Military park, Indian or other reservation

-STATUTE-

Sections 687a, 687a-2 to 687a-5,(!1) and 942-1 to 942-9 of this

title and sections 607a and 615a of title 16 shall not apply to any

lands within the limits of any military park, Indian, or other

reservation unless such right of way shall be provided for by Act

of Congress.

-SOURCE-

(May 14, 1898, ch. 299, Sec. 7, 30 Stat. 412.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-REFTEXT-

REFERENCES IN TEXT

Sections 687a and 687a-2 to 687a-5 of this title, referred to in

text, were repealed by Pub. L. 94-579, title VII, Secs. 703(a),

704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.

-COD-

CODIFICATION

Section was formerly classified to section 417 of Title 48,

Territories and Insular Possessions.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 942-1, 942-3, 942-4,

942-5, 942-6, 942-8 of this title; title 16 section 3215.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 942-8 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 942-8. Reservation of right of alteration, amendment, or

repeal; assignment of right of way

-STATUTE-

Congress reserves the right at any time to alter, amend, or

repeal sections 687a, 687a-2 to 687a-5,(!1) and 942-1 to 942-9 of

this title and sections 607a and 615a of title 16 or any part

thereof; and the right of way herein authorized shall not be

assigned or transferred in any form whatever prior to the

construction and completion of at least one-fourth of the proposed

mileage of such railroad, wagon road, or tramway, as indicated by

the map of definite location, except by mortgages or other liens

that may be given or secured thereon to aid in the construction

thereof: Provided, That where within ninety days after May 14,

1898, proof is made to the satisfaction of the Secretary of the

Interior that actual surveys, evidenced by designated monuments,

were made, and the line of a railroad, wagon road, or tramway

located thereby, or that actual construction was commenced on the

line of any railroad, wagon road, or tramway, prior to January 21,

1898, the rights to inure hereunder shall, if the terms of said

sections are complied with as to such railroad, wagon road, or

tramway, relate back to the date when such survey or construction

was commenced; and in all conflicts relative to the right-of-way or

other privilege of said sections the person, company, or

corporation having been first in time in actual survey or

construction, as the case may be, shall be deemed first in right.

-SOURCE-

(May 14, 1898, ch. 299, Sec. 8, 30 Stat. 412.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-REFTEXT-

REFERENCES IN TEXT

Sections 687a and 687a-2 to 687a-5 of this title, referred to in

text, were repealed by Pub. L. 94-579, title VII, Secs. 703(a),

704(a), Oct. 21, 1976, 90 Stat. 2789, 2792.

-COD-

CODIFICATION

Section was formerly classified to section 418 of Title 48,

Territories and Insular Possessions.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 942-1, 942-3, 942-4,

942-5, 942-6, 942-7 of this title; title 16 section 3215.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 942-9 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 942-9. Map location of road

-STATUTE-

The map and profile of definite location of such railroad, wagon

road, or tramway, to be filed as hereinbefore provided, shall, when

the line passes over surveyed lands, indicate the location of the

road by reference to section or other established survey corners,

and where such line passes over unsurveyed lands the location

thereon shall be indicated by courses and distances and by

references to natural objects and permanent monuments in such

manner that the location of the road may be readily determined by

reference to descriptions given in connection with said profile

map.

-SOURCE-

(May 14, 1898, ch. 299, Sec. 9, 30 Stat. 413.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-COD-

CODIFICATION

Section was formerly classified to section 419 of Title 48,

Territories and Insular Possessions.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 942-1, 942-3, 942-4,

942-5, 942-6, 942-7, 942-8 of this title; title 16 section 3215.

-End-

-CITE-

43 USC Sec. 943 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 943. Right of way for railroads; reserved lands in Minnesota

-STATUTE-

All lands in the State of Minnesota described in and withdrawn

from sale by the proclamations of the President of the United

States for the reason that said lands would be required for or

subject to flowage in the construction of dams, reservoirs, and

other works proposed to be erected for the improvement of the

navigation of the Mississippi River and certain of its tributaries,

are declared to be, and to have been at all times prior to February

27, 1901, subject to the provisions of sections 934 to 939 of this

title as fully, effectually, and to the same extent as though said

lands had not been described in said proclamations, or withdrawn

from sale thereby, but had remained with the body of public lands

subject to private entry and sale: Provided, however, That any and

all parts of said lands acquired by any railroad company under said

sections shall at all times be subject to the right of flowage

which at any time may become necessary in the construction or

maintenance of dams, reservoirs, or other works which may be

constructed or erected by or under the authority of the United

States for the improvement of the navigation of the Mississippi

River and its tributaries: Provided further, That the railroad

companies availing themselves of this section shall, in addition to

filing the maps required by law on February 27, 1901, to be filed,

also file maps of definite location with elevation of rail of their

lines of railroad over said water-reserve lands in the office of

the Secretary of the Army; and no location shall be permitted which

takes for right of way or stations or interferes with submergence

of lands needed for the use of the reservoir system, existing on

February 27, 1901, or in the construction of dams or other works,

or any proposed or probable extension of the same, or which will

obstruct or increase the cost of the present or prospective

reservoir system: Provided further, That the plan for the location

and construction of any such railway, or any part thereof, shall be

first submitted to the Secretary of the Army and approved by him

and by the Chief of Engineers of the United States Army.

-SOURCE-

(Feb. 27, 1901, ch. 614, 31 Stat. 815; July 26, 1947, ch. 343,

title II, Sec. 205(a), 61 Stat. 501.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted "Title 10, Armed Forces" which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-

43 USC Sec. 944 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 944. Right of way in Oklahoma and Arizona

-STATUTE-

Where, under sections 934 to 939 of this title, or under special

Acts of Congress, or under the laws of the former Territories of

Oklahoma and Arizona, railroads have been constructed and were on

June 26, 1906, in operation in Oklahoma or Arizona which passed

through any of the lands theretofore reserved for said Territories,

such lands shall be disposed of subject to such railroad right or

easement, but only to the extent of the right of way conferred by

the said sections for such railroad purposes.

-SOURCE-

(June 26, 1906, ch. 3548, 34 Stat. 481.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-

43 USC Sec. 945 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 945. Reservation in patents of right of way for ditches or

canals

-STATUTE-

In all patents for lands taken up after August 30, 1890, under

any of the land laws of the United States or on entries or claims

validated by this Act, west of the one hundredth meridian, it shall

be expressed that there is reserved from the lands in said patent

described a right of way thereon for ditches or canals constructed

by the authority of the United States.

-SOURCE-

(Aug. 30, 1890, ch. 837, Sec. 1, 26 Stat. 391.)

-REFTEXT-

REFERENCES IN TEXT

The land laws of the United States, referred to in text, are

classified generally to this title.

This Act, referred to in text, is act Aug. 30, 1890, ch. 837, 26

Stat. 371, which enacted sections 212 and 945 of this title,

section 861a of former Title 10, The Army, section 446 of Title 16,

Conservation, sections 497, 601, and 651 of former Title 31, Money

and Finance, section 887 of Title 33, Navigation and Navigable

Waters, section 120 of former Title 40, Public Buildings, Property,

and Works, and amended sections 321 and 662 of this title. For

complete classification of this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 945a of this title.

-End-

-CITE-

43 USC Sec. 945a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 945a. Compensation for rights-of-way for certain reclamation

projects

-STATUTE-

Notwithstanding the existence of any reservation of right-of-way

to the United States for canals under section 945 of this title, or

any State statute, the Secretary of the Interior shall pay just

compensation, including severance damages, to the owners of private

land utilized for ditches or canals in connection with any

reclamation project, or any unit or any division of a reclamation

project, provided the construction of said ditches or canals

commenced after January 1, 1961, and such compensation shall be

paid notwithstanding the execution of any agreements or any

judgments entered in any condemnation proceeding, prior to

September 2, 1964.

-SOURCE-

(Pub. L. 88-561, Sec. 1, Sept. 2, 1964, 78 Stat. 808; Pub. L.

89-624, Oct. 4, 1966, 80 Stat. 873.)

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-624 inserted "to the United States" and "or any

State statute,".

EFFECTIVE DATE OF 1966 AMENDMENT

Section 3 of Pub. L. 88-561 as added by Pub. L. 89-624 provided

that: "The amendment made by this Act [enacting section 945b of

this title and amending this section] shall apply to any

condemnation action pending in any district court of the United

States on the date of enactment of this Act [Oct. 4, 1966] and to

any such action instituted after that date."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 945b of this title.

-End-

-CITE-

43 USC Sec. 945b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 945b. Jurisdiction; procedure

-STATUTE-

Jurisdiction of an action brought by the United States or the

landowner for the determination of just compensation pursuant to

section 945a of this title is hereby conferred on the United States

district court in the district in which any such land is situated,

without limitation to the amount of compensation sought by such

suit. The procedure for such an action shall be governed by the

Federal Rules of Civil Procedure for the condemnation of real and

personal property.

-SOURCE-

(Pub. L. 88-561, Sec. 2, as added Pub. L. 89-624, Oct. 4, 1966, 80

Stat. 874.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure for the condemnation of real

and personal property, referred to in text, means rule 71A of the

Federal Rules of Civil Procedure, set out in the Appendix to Title

28, Judiciary and Judicial Procedure.

-MISC1-

EFFECTIVE DATE

Section applicable to Federal condemnation actions pending in any

district court of the United States on or after Oct. 4, 1966, see

section 3 of Pub. L. 88-561, as added by Pub. L. 89-624, set out as

an Effective Date of 1966 Amendment note under section 945a of this

title.

-End-

-CITE-

43 USC Sec. 946 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 946. Right of way to canal ditch companies and irrigation or

drainage districts for irrigation or drainage purposes and

operation and maintenance of reservoirs, canals, and laterals

-STATUTE-

The right of way through the public lands and reservations of the

United States is granted to any canal ditch company, irrigation or

drainage district formed for the purpose of irrigation or drainage,

and duly organized under the laws of any State or Territory, and

which shall have filed, or may hereafter file, with the Secretary

of the Interior a copy of its articles of incorporation or, if not

a private corporation, a copy of the law under which the same is

formed and due proof of its organization under the same, to the

extent of the ground occupied by the water of any reservoir and of

any canals and laterals and fifty feet on each side of the marginal

limits thereof, and, upon presentation of satisfactory showing by

the applicant, such additional rights of way as the Secretary of

the Interior may deem necessary for the proper operation and

maintenance of said reservoirs, canals, and laterals; also the

right to take from the public lands adjacent to the line of the

canal or ditch, material, earth, and stone necessary for the

construction of such canal or ditch: Provided, That no such right

of way shall be so located as to interfere with the proper

occupation by the Government of any such reservation, and all maps

of location shall be subject to the approval of the department of

the Government having jurisdiction of such reservation; and the

privilege herein granted shall not be construed to interfere with

the control of water for irrigation and other purposes under

authority of the respective States or Territories.

-SOURCE-

(Mar. 3, 1891, ch. 561, Sec. 18, 26 Stat. 1101; Mar. 4, 1917, ch.

184, Sec. 1, 39 Stat. 1197; May 28, 1926, ch. 409, 44 Stat. 668.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

AMENDMENTS

1926 - Act May 28, 1926, substituted "canal ditch company,

irrigation or drainage district" for "canal or ditch company or

drainage district" and inserted "or, if not a private corporation,

a copy of the law under which the same is formed" after "articles

of incorporation" and ", and, upon presentation of satisfactory

showing by the applicant, such additional right of way as the

Secretary of the Interior may deem necessary for the proper

operation and maintenance of said reservoirs, canals, and laterals"

after "marginal limits thereof".

1917 - Act Mar. 4, 1917, inserted "or drainage district," after

"any canal or ditch company," and "or drainage," after "for the

purpose of irrigation".

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421c, 664, 947, 948, 949,

950, 951 of this title.

-End-

-CITE-

43 USC Sec. 947 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 947. Map; damages to settlers

-STATUTE-

Any canal or ditch company desiring to secure the benefits of

sections 946 to 949 of this title shall, within twelve months after

the location of ten miles of its canal, if the same be upon

surveyed lands, and if upon unsurveyed lands, within twelve months

after the survey thereof by the United States, file with the

officer, as the Secretary of the Interior may designate, of the

land office for the district where such land is located a map of

its canal or ditch and reservoir; and upon the approval thereof by

the Secretary of the Interior the same shall be noted upon the

plats in said office, and thereafter all such lands over which such

rights of way shall pass shall be disposed of subject to such right

of way. Whenever any person or corporation, in the construction of

any canal, ditch, or reservoir, injures or damages the possession

of any settler on the public domain, the party committing such

injury or damage shall be liable to the party injured for such

injury or damage.

-SOURCE-

(Mar. 3, 1891, ch. 561, Sec. 19, 26 Stat. 1102; 1946 Reorg. Plan

No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

"Officer, as the Secretary of the Interior may designate"

substituted for "register" on authority of section 403 of Reorg.

Plan No. 3 of 1946, which abolished all registers of district land

offices and transferred functions of register of district land

office to Secretary of the Interior. See section 403 of Reorg. Plan

No. 3 of 1946, set out as a note under section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421c, 664, 948, 949, 950,

951 of this title.

-End-

-CITE-

43 USC Sec. 948 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 948. Application to existing and future canals

-STATUTE-

The provisions of sections 946 to 949 of this title shall apply

to all canals, ditches, or reservoirs, heretofore or hereafter

constructed, whether constructed by corporations, individuals, or

association of individuals, on the filing of the certificates and

maps therein provided for. If such ditch, canal, or reservoir has

been or shall be constructed by an individual or association of

individuals, it shall be sufficient for such individual or

association of individuals to file with the Secretary of the

Interior, and with the officer, as the Secretary of the Interior

may designate, of the land office where said land is located, a map

of the line of such canal, ditch, or reservoir, as in case of a

corporation, with the name of the individual owner or owners

thereof, together with the articles of association, if any there

be. Plats filed before March 3, 1891, shall have the benefits of

sections 946 to 949 of this title from the date of their filing, as

though filed thereunder: Provided, That if any section of said

canal or ditch shall not be completed within five years after the

location of said section, the rights therein granted shall be

forfeited as to any uncompleted section of said canal, ditch, or

reservoir, to the extent that the same is not completed at the date

of the forfeiture.

-SOURCE-

(Mar. 3, 1891, ch. 561, Sec. 20, 26 Stat. 1102; 1946 Reorg. Plan

No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

"Officer, as the Secretary of the Interior may designate"

substituted for "register" on authority of section 403 of Reorg.

Plan No. 3 of 1946, which abolished all registers of district lands

offices and transferred functions of register of district land

office to Secretary of the Interior. See section 403 of Reorg. Plan

No. 3 of 1946, set out as a note under section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421c, 664, 947, 949, 950,

951 of this title.

-End-

-CITE-

43 USC Sec. 949 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 949. Use for canal or ditch only

-STATUTE-

Nothing in sections 946 to 949 of this title shall authorize such

canal or ditch company to occupy such right of way except for the

purpose of said canal or ditch, and then only so far as may be

necessary for the construction, maintenance, and care of said canal

or ditch.

-SOURCE-

(Mar. 3, 1891, ch. 561, Sec. 21, 26 Stat. 1102.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 421c, 664, 947, 948, 950,

951 of this title.

-End-

-CITE-

43 USC Sec. 950 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 950. Right of way to canal and ditch companies for irrigation

purposes; additional grants

-STATUTE-

In addition to the rights of way granted by sections 946 to 949

of this title, and subject to the conditions and restrictions

therein contained, the Secretary of the Interior is authorized to

grant permits or easements for not to exceed five acres of ground

adjoining the right of way at each of the locations, to be

determined by the Secretary of the Interior, to be used for the

erection thereon of dwellings or other buildings or corrals for the

convenience of those engaged in the care and management of the

works provided for by said sections: Provided, That this section

shall not apply to lands within national forests.

-SOURCE-

(Mar. 1, 1921, ch. 93, 41 Stat. 1194.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 421c of this title.

-End-

-CITE-

43 USC Sec. 951 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 951. Right of way for water transportation, domestic purposes,

or development of power

-STATUTE-

Rights of way for ditches, canals, or reservoirs heretofore or

hereafter approved under the provisions of sections 946 to 949 of

this title may be used for purposes of a public nature; and said

rights of way may be used for purposes of water transportation, for

domestic purposes, or for the development of power, as subsidiary

to the main purpose of irrigation or drainage.

-SOURCE-

(May 11, 1898, ch. 292, Sec. 2, 30 Stat. 404; Mar. 4, 1917, ch.

184, Sec. 2, 39 Stat. 1197.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-

43 USC Sec. 952 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 952. Reservoir sites for water for livestock

-STATUTE-

Any person, livestock company, or transportation corporation

engaged in breeding, grazing, driving, or transporting livestock

may construct reservoirs upon unoccupied public lands of the United

States, not mineral or otherwise reserved, for the purpose of

furnishing water to such livestock, and shall have control of such

reservoir, under regulations prescribed by the Secretary of the

Interior, and the lands upon which the same is constructed, not

exceeding one hundred and sixty acres, so long as such reservoir is

maintained and water kept therein for such purposes: Provided, That

such reservoir shall not be fenced and shall be open to the free

use of any person desiring to water animals of any kind.

The Secretary of the Interior, in his discretion, under such

rules, regulations, and conditions as he may prescribe, upon

application by such person, company, or corporation, may grant

permission to fence such reservoirs in order to protect livestock,

to conserve water, and to preserve its quality and conditions:

Provided, That such reservoir shall be open to the free use of any

person desiring to water animals of any kind; but any fence,

erected under the authority hereof, shall be immediately removed on

the order of the Secretary.

-SOURCE-

(Jan. 13, 1897, ch. 11, Sec. 1, 29 Stat. 484; Mar. 3, 1923, ch.

219, 42 Stat. 1437.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 953, 955 of this title.

-End-

-CITE-

43 USC Sec. 953 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 953. Declaratory statement as to reservoirs

-STATUTE-

Any person, livestock company, or corporation desiring to avail

themselves of the provisions of sections 952 to 955 of this title

shall file a declaratory statement in the United States land office

in the district where the land is situated, which statement shall

describe the land where such reservoir is to be or has been

constructed; shall state what business such corporation is engaged

in; specify the capacity of the reservoir in gallons, and whether

such company, person, or corporation has filed upon other reservoir

sites within the same county; and if so, how many.

-SOURCE-

(Jan. 13, 1897, ch. 11, Sec. 2, 29 Stat. 484.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 955 of this title.

-End-

-CITE-

43 USC Sec. 954 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 954. Survey; map of reservoirs

-STATUTE-

At any time after the completion of such reservoir or reservoirs,

which shall be constructed and completed within two years after

filing such declaratory statement, such person, company, or

corporation shall have the same accurately surveyed, as hereinafter

provided, and shall file in the United States land office in the

district in which such reservoir is located a map or plat showing

the location of such reservoir, which map or plat shall be

transmitted by the officer, as the Secretary of the Interior may

designate, of said United States land office to the Secretary of

the Interior and approved by him, and thereafter such land shall be

reserved from sale by the Secretary of the Interior so long as such

reservoir is kept in repair and water kept therein.

-SOURCE-

(Jan. 13, 1897, ch. 11, Sec. 3, 29 Stat. 484; Mar. 3, 1925, ch.

462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16,

1946, 11 F.R. 7876, 60 Stat. 1100.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

"Officer, as the Secretary of the Interior may designate"

substituted for "register" on authority of section 403 of Reorg.

Plan No. 3 of 1946, which abolished all registers of district land

offices and transferred functions of register of district land

office to Secretary of the Interior. See section 403 of Reorg. Plan

No. 3 of 1946, set out as a note under section 1 of this title.

Act Mar. 3, 1925, abolished office of surveyor general and

transferred administration of all activities in charge of surveyors

general to Field Surveying Service under jurisdiction of United

States Supervisor of Surveys.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 953, 955 of this title.

-End-

-CITE-

43 USC Sec. 955 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 955. Amendment, alteration, or repeal

-STATUTE-

Congress may at any time amend, alter, or repeal sections 952 to

955 of this title.

-SOURCE-

(Jan. 13, 1897, ch. 11, Sec. 4, 29 Stat. 484.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 953 of this title.

-End-

-CITE-

43 USC Sec. 956 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 956. Right of way for tramroads, canals, or reservoirs

-STATUTE-

The Secretary of the Interior is authorized and empowered, under

general regulations to be fixed by him, to permit the use of the

right of way through the public lands of the United States, not

within the limits of any national forest, park, military or Indian

reservation, for tramroads, canals, or reservoirs to the extent of

the ground occupied by the water of the canals and reservoirs and

fifty feet on each side of the marginal limits thereof, or fifty

feet on each side of the center line of the tramroad, by any

citizen or any association of citizens of the United States engaged

in the business of mining or quarrying or of cutting timber and

manufacturing lumber or for the purposes of furnishing water for

domestic, public, and other beneficial uses.

-SOURCE-

(Jan. 21, 1895, ch. 37, Sec. 1, 28 Stat. 635; May 11, 1898, ch.

292, Sec. 1, 30 Stat. 404; Mar. 4, 1907, ch. 2907, 34 Stat. 1269.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 421c of this title.

-End-

-CITE-

43 USC Sec. 957 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 957. Right of way to electric power companies

-STATUTE-

The Secretary of the Interior is authorized and empowered, under

general regulations to be fixed by him, to permit the use of right

of way to the extent of twenty-five feet, together with the use of

necessary ground, not exceeding forty acres, upon the public lands

and national forests of the United States by any citizen or

association of citizens of the United States for the purposes of

generating, manufacturing, or distributing electric power.

-SOURCE-

(Jan. 21, 1895, ch. 37, Sec. 2, as added May 14, 1896, ch. 179, 29

Stat. 120; amended Mar. 4, 1907, ch. 2907, 34 Stat. 1269.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-COD-

CODIFICATION

The words "national forests" substituted in text for "forest

reservations" pursuant to act Mar. 4, 1907, which changed the

designation of forest reserves to national forests.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-

43 USC Sec. 958 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 958. Rights of way for wagon roads or railroads

-STATUTE-

In the form provided by existing law the Secretary of the

Interior may file and approve surveys and plats of any right of way

for a wagon road, railroad, or other highway over and across any

reservoir site when in his judgment the public interests will not

be injuriously affected thereby.

-SOURCE-

(Mar. 3, 1899, ch. 427, Sec. 1, 30 Stat. 1233.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-

43 USC Sec. 959 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 959. Rights of way for electrical plants, etc.

-STATUTE-

The Secretary of the Interior is authorized and empowered, under

general regulations to be fixed by him, to permit the use of rights

of way through the public lands, forest and other reservations of

the United States, and the Yosemite, Sequoia, and General Grant

national parks, California, for electrical plants, poles, and lines

for the generation and distribution of electrical power, and for

telephone and telegraph purposes, and for canals, ditches, pipes

and pipe lines, flumes, tunnels, or other water conduits, and for

water plants, dams, and reservoirs used to promote irrigation or

mining or quarrying, or the manufacturing or cutting of timber or

lumber, or the supplying of water for domestic, public, or any

other beneficial uses to the extent of the ground occupied by such

canals, ditches, flumes, tunnels, reservoirs, or other water

conduits or water plants, or electrical or other works permitted

hereunder, and not to exceed fifty feet on each side of the

marginal limits thereof, or not to exceed fifty feet on each side

of the center line of such pipes and pipe lines, electrical,

telegraph, and telephone lines and poles, by any citizen,

association, or corporation of the United States, where it is

intended by such to exercise the use permitted hereunder or any one

or more of the purposes herein named: Provided, That such permits

shall be allowed within or through any of said parks or any forest,

military, Indian, or other reservation only upon the approval of

the chief officer of the Department under whose supervision such

park or reservation falls and upon a finding by him that the same

is not incompatible with the public interest: Provided further,

That all permits given hereunder for telegraph and telephone

purposes shall be subject to the provisions of title 65 of the

Revised Statutes of the United States, and amendments thereto,

regulating rights of way for telegraph companies over the public

domain: And provided further, That any permission given by the

Secretary of the Interior under the provisions of this section may

be revoked by him or his successor in his discretion, and shall not

be held to confer any right, or easement, or interest in, to, or

over any public land, reservation, or park.

-SOURCE-

(Feb. 15, 1901, ch. 372, 31 Stat. 790.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-REFTEXT-

REFERENCES IN TEXT

Title 65 of the Revised Statutes of the United States, and

amendments thereto, referred to in text, which consisted of R.S.

Secs. 5263 to 5269, was classified to sections 1 to 6 and 8 of

Title 47, Telegraphs, Telephones, and Radiotelegraphs, and was

repealed by act July 16, 1947, ch. 256, Sec. 1, 61 Stat. 327.

-COD-

CODIFICATION

Section, insofar as it relates to rights-of-way through public

lands, forest, and reservations, and the Yosemite, Sequoia, and

General Grant National Parks is also set out as section 79 of Title

16, Conservation, and insofar as it related to rights-of-way

through national forests was set out as section 522 of Title 16

which was omitted from the Code.

-MISC1-

GENERAL GRANT NATIONAL PARK ABOLISHED

Act Mar. 4, 1940, ch. 40, Sec. 2, 54 Stat. 43, which is

classified to section 80a of Title 16, Conservation, abolished the

General Grant National Park and added the lands to the Kings Canyon

National Park as the General Grant grove section.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 421c of this title.

-End-

-CITE-

43 USC Sec. 961 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 961.(!1) Rights-of-way through public lands, Indian, and other

reservations for power and communications facilities

-STATUTE-

-STATUTE-

The head of the department having jurisdiction over the lands be,

and he is, authorized and empowered, under general regulations to

be fixed by him, to grant an easement for rights-of-way, for a

period not exceeding fifty years from the date of the issuance of

such grant, over, across, and upon the public lands and

reservations of the United States for electrical poles and lines

for the transmission and distribution of electrical power, and for

poles and lines for communication purposes, and for radio,

television, and other forms of communication transmitting, relay,

and receiving structures and facilities, to the extent of two

hundred feet on each side of the center line of such lines and

poles and not to exceed four hundred feet by four hundred feet for

radio, television, and other forms of communication transmitting,

relay, and receiving structures and facilities, to any citizen,

association, or corporation of the United States, where it is

intended by such to exercise the right-of-way herein granted for

any one or more of the purposes herein named: Provided, That such

right-of-way shall be allowed within or through any Indian or any

other reservation only upon the approval of the chief officer of

the department under whose supervision or control such reservation

falls, and upon a finding by him that the same is not incompatible

with the public interest: Provided further, That all or any part of

such right-of-way may be forfeited and annulled by declaration of

the head of the department having jurisdiction over the lands for

nonuse for a period of two years or for abandonment.

Any citizen, association, or corporation of the United States to

whom there was issued, prior to March 4, 1911, a permit for any of

the purposes specified herein under any existing law may obtain the

benefit of this section upon the same terms and conditions as shall

be required of citizens, associations, or corporations thereafter

making application under the provisions of this section.

-SOURCE-

(Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66

Stat. 95.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-COD-

CODIFICATION

Act Mar. 4, 1911, as it applies to rights of way in national

parks, national forests, military, and other reservations, is also

classified to sections 5, 420, and 523 of Title 16, Conservation.

-MISC1-

AMENDMENTS

1952 - Act May 27, 1952, inserted reference to rights-of-way for

radio, television, and other forms of communication, and increased

from 40 feet to 400 feet the maximum width of rights-of-way for

lines and poles.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-FOOTNOTE-

(!1) There is no section 960 in this title.

-End-

-CITE-

43 USC Sec. 962 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 962. Right of way in Colorado and Wyoming to pipeline

companies

-STATUTE-

The right of way through the public lands of the United States

situate in the State of Colorado and in the State of Wyoming

outside of the boundary lines of the Yellowstone National Park is

granted to any pipe-line company or corporation formed for the

purpose of transporting oils, crude or refined, which shall have

filed or may hereafter file with the Secretary of the Interior a

copy of its articles of incorporation, and due proofs of its

organization under the same, to the extent of the ground occupied

by said pipe line and twenty-five feet on each side of the center

line of the same; also the right to take from the public lands

adjacent to the line of said pipe line, material, earth, and stone

necessary for the construction of said pipe line.

-SOURCE-

(May 21, 1896, ch. 212, Sec. 1, 29 Stat. 127.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SHORT TITLE

Sections 962 to 965 of this title are popularly known as the "Oil

Pipe Line Act".

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 963, 964, 965 of this

title.

-End-

-CITE-

43 USC Sec. 963 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 963. Applications for Colorado and Wyoming pipeline right of

way

-STATUTE-

Any company or corporation desiring to secure the benefits of

sections 962 to 965 of this title shall, within twelve months after

the location of ten miles of the pipeline, if the same be upon

surveyed lands and if the same be upon unsurveyed lands, within

twelve months after the survey thereof by the United States, file

with the officer, as the Secretary of the Interior may designate,

of the land office for the district where such land is located a

map of its line, and upon the approval thereof by the Secretary of

the Interior the same shall be noted upon the plats in said office,

and thereafter all such lands over which such right of way shall

pass shall be disposed of subject to such right of way.

-SOURCE-

(May 21, 1896, ch. 212, Sec. 2, 29 Stat. 127; 1946 Reorg. Plan No.

3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

"Officer, as the Secretary of the Interior may designate"

substituted for "register" on authority of section 403 of Reorg.

Plan No. 3 of 1946, which abolished all registers of district land

offices and transferred functions of register of district land

office to Secretary of the Interior. See section 403 of Reorg. Plan

No. 3 of 1946, set out as a note under section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 964, 965 of this title.

-End-

-CITE-

43 USC Sec. 964 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 964. Limit of time for completion of Colorado and Wyoming

pipelines; forfeiture

-STATUTE-

If any section of said pipe line shall not be completed within

five years after the location of said section, the right granted in

sections 962 to 965 of this title shall be forfeited, as to any

incomplete section of said pipe line, to the extent that the same

is not completed at the date of the forfeiture.

-SOURCE-

(May 21, 1896, ch. 212, Sec. 3, 29 Stat. 127.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 963, 965 of this title.

-End-

-CITE-

43 USC Sec. 965 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 965. Restriction on use of Colorado and Wyoming pipeline right

of way

-STATUTE-

Nothing in sections 962 to 965 of this title shall authorize the

use of such right of way except for the pipe line, and then only so

far as may be necessary for its construction, maintenance, and

care.

-SOURCE-

(May 21, 1896, ch. 212, Sec. 4, 29 Stat. 127.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 963, 964 of this title.

-End-

-CITE-

43 USC Sec. 966 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 966. Right of way in Arkansas to pipe-line companies

-STATUTE-

A right of way through the public lands of the United States in

the State of Arkansas is granted for pipe-line purposes to any

citizen of the United States or any company or corporation

authorized by its charter to transport oil, crude or refined, or

natural gas which shall have filed or may hereafter file with the

Secretary of the Interior a copy of its articles of incorporation,

and due proof of organization under the same, to the extent of the

ground occupied by the said pipe line and ten feet on each side of

the center line of same.

-SOURCE-

(Apr. 12, 1910, ch. 155, Sec. 1, 36 Stat. 296.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 967, 968, 969, 970 of

this title.

-End-

-CITE-

43 USC Sec. 967 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 967. Applications for Arkansas pipeline right of way

-STATUTE-

Any citizen of the United States, company, or corporation

desiring to secure the benefits of sections 966 to 970 of this

title shall within twelve months after the location of ten miles of

the pipe line, if the same be upon surveyed land, and if the same

be upon unsurveyed lands within twelve months after the survey

thereof by the United States, file with the officer, as the

Secretary of the Interior may designate, of the land office for the

district where such land is located a map of its lines, and upon

the approval thereof by the Secretary of the Interior, the same

shall be noted upon the plats in said office, and thereafter all

such land over which such line shall pass shall be disposed of

subject to such right of way.

-SOURCE-

(Apr. 12, 1910, ch. 155, Sec. 2, 36 Stat. 296; 1946 Reorg. Plan No.

3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

"Officer, as the Secretary of the Interior may designate"

substituted for "register" on authority of section 403 of Reorg.

Plan No. 3 of 1946, which abolished all registers of district land

offices and transferred functions of register of district land

office to Secretary of the Interior. See section 403 of Reorg. Plan

No. 3 of 1946, set out as a note under section 1 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 968, 969, 970 of this

title.

-End-

-CITE-

43 USC Sec. 968 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 968. Restriction on use of Arkansas pipeline right of way

-STATUTE-

Nothing in sections 966 to 970 of this title shall authorize the

use of such right of way except for the pipe line, and then only so

far as may be necessary for its construction, maintenance, and

care.

-SOURCE-

(Apr. 12, 1910, ch. 155, Sec. 3, 36 Stat. 296.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 967, 969, 970 of this

title.

-End-

-CITE-

43 USC Sec. 969 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 969. Forfeiture of Arkansas pipeline right of way for nonuser,

etc.

-STATUTE-

If any section of said pipe line shall not be completed within

one year after the approval by the Secretary of the Interior of

said section, or if any section of said pipe line shall be

abandoned or shall not be used for a period of two years, the right

of way granted in sections 966 to 970 of this title as to any

uncompleted, abandoned, or unused section of said pipe line shall

be forfeited to the extent that the same is not completed or is

abandoned or unused at the date of the forfeiture, without further

action or declaration on the part of the Government or any

proceedings or judgment of any court.

-SOURCE-

(Apr. 12, 1910, ch. 155, Sec. 4, 36 Stat. 296.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under and through the public lands and lands in the National Forest

System.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 967, 968, 970 of this

title.

-End-

-CITE-

43 USC Sec. 970 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 970. Forfeiture of Arkansas pipeline right of way for

violation of antitrust law

-STATUTE-

If any citizen, company, or corporation taking advantage of the

benefits of sections 966 to 970 of this title shall violate the Act

of July 2, 1890, entitled "An Act to protect trade and commerce

against unlawful restraints and monopolies", (commonly known as the

Sherman antitrust act), or any amendment thereof, the right of way

granted in sections 966 to 970 of this title shall be forfeited

without further action or declaration on the part of the Government

or any proceedings or judgment of any court.

-SOURCE-

(Apr. 12, 1910, ch. 155, Sec. 5, 36 Stat. 296.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, upon,

under, and through the public lands and lands in the National

Forest System.

-REFTEXT-

REFERENCES IN TEXT

Act of July 2, 1890, referred to in text, is act July 2, 1890,

ch. 647, 26 Stat. 209, as amended, known as the Sherman Act, which

is classified to sections 1 to 7 of Title 15, Commerce and Trade.

For complete classification of this Act to the Code, see Short

Title note set out under section 1 of Title 15 and Tables.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 967, 968, 969 of this

title.

-End-

-CITE-

43 USC Sec. 971 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 971. Bathhouses, hotels, etc., adjacent to mineral, medicinal,

etc., springs on public lands

-STATUTE-

The Secretary of the Interior, upon such terms and under such

regulations as he may deem proper, may permit responsible persons

or associations to use and occupy, for the erection of bathhouses,

hotels, or other improvements for the accommodation of the public,

suitable spaces or tracts of land near or adjacent to mineral,

medicinal, or other springs which are located upon unreserved

public lands or public lands which have been withdrawn for the

protection of such springs: Provided, That permits or leases

hereunder shall be for periods not exceeding twenty years.

-SOURCE-

(Mar. 3, 1925, ch. 458, 43 Stat. 1133.)

-End-

-CITE-

43 USC Sec. 971a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 971a. Alaskan lands within highway, telephone, and pipeline

withdrawals; disposal; amendment of land description of claim or

entry on adjoining lands

-STATUTE-

Upon revocation of a withdrawal for highways, telephone lines, or

pipelines, in Alaska, the lands involved shall be subject to

disposal only under laws specified by the Secretary of the

Interior, subject to easements as established by the Secretary.

Notwithstanding any statutory limitation on the area which may be

included in an unpatented claim or entry, the Secretary may permit

the amendment of the land description of a claim or entry on

adjoining lands to include the restored lands.

-SOURCE-

(Aug. 1, 1956, ch. 848, Sec. 1, 70 Stat. 898.)

-COD-

CODIFICATION

This section was formerly classified to section 420 of Title 48,

Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 971c, 971d, 971e of this

title.

-End-

-CITE-

43 USC Sec. 971b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 971b. Sale of restored Alaskan lands; preference rights;

consent of Federal agency

-STATUTE-

The Secretary may sell such restored lands for not less than

their appraised value, giving an appropriate preference right to

the holders of adjoining claims or entries and to owners of

adjoining private lands. If such lands are under the jurisdiction

of a Federal department or agency other than the Department of the

Interior, any sale thereof shall be made only with the consent of

such department or agency.

-SOURCE-

(Aug. 1, 1956, ch. 848, Sec. 2, 70 Stat. 898.)

-COD-

CODIFICATION

Section was formerly classified to section 420a of Title 48,

Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 971c, 971d, 971e of this

title.

-End-

-CITE-

43 USC Sec. 971c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 971c. Utilization or occupancy of Alaskan easements; consent

of agency

-STATUTE-

Lands in Alaska within an easement established under sections

971a to 971e of this title by the Secretary of the Interior may not

be utilized or occupied without the permission of the Secretary, or

an officer or agency designated by him. If the lands crossed by an

easement established under sections 971a to 971e of this title are

under the jurisdiction of a Federal department or agency other than

the Department of the Interior, or of a State, Territory, or other

government subdivision or agency, such permission may be granted

only with the consent of such department, agency, or other

governmental unit.

-SOURCE-

(Aug. 1, 1956, ch. 848, Sec. 3, 70 Stat. 898.)

-COD-

CODIFICATION

Section was formerly classified to section 420b of Title 48,

Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 971d, 971e of this title.

-End-

-CITE-

43 USC Sec. 971d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 971d. Effect on valid existing Alaskan rights

-STATUTE-

Nothing in sections 971a to 971e of this title shall affect

adversely any valid existing rights.

-SOURCE-

(Aug. 1, 1956, ch. 848, Sec. 4, 70 Stat. 898.)

-COD-

CODIFICATION

Section was formerly classified to section 420c of Title 48,

Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 971c, 971e of this title.

-End-

-CITE-

43 USC Sec. 971e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 971e. Definition of restored Alaskan lands

-STATUTE-

For the purposes of sections 971a to 971e of this title, the

words "restored lands" include, without limiting the meaning

thereof, those lands at Big Delta and Tok Junctions that are

withdrawn by public land orders numbered 808 and 975 and that lie

between the centerline of the Richardson and Glenn Highways and the

land included within United States surveys 2727, 2728, 2770, 2771,

2772, 2773, 2774, 2723, 2724, 2725, and 2726.

-SOURCE-

(Aug. 1, 1956, ch. 848, Sec. 5, as added Pub. L. 86-512, June 11,

1960, 74 Stat. 207.)

-COD-

CODIFICATION

Section was formerly classified to section 420d of Title 48,

Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 971c, 971d of this title.

-End-

-CITE-

43 USC Secs. 975, 975a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Secs. 975, 975a. Repealed. Pub. L. 97-468, title VI, Sec.

615(a)(1), Jan. 14, 1983, 96 Stat. 2577

-MISC1-

Section 975, acts Mar. 12, 1914, ch. 37, Sec. 1, 38 Stat. 305;

Apr. 10, 1926, ch. 114, 44 Stat. 239; Aug. 4, 1955, ch. 554, 69

Stat. 494; Nov. 1, 1978, Pub. L. 95-565, Sec. 4(a), 92 Stat. 2399;

Oct. 10, 1980, Pub. L. 96-423, Sec. 15, 94 Stat. 1817, related to

location, construction, and operation of Alaska Railroad and powers

and duties of President in connection therewith, and security

officers. Section was comprised of first and second paragraphs of

section 1 of act Mar. 12, 1914. The first paragraph was included in

the Act as originally enacted in 1914 and the second paragraph was

added in 1980 by Pub. L. 96-423. Amendment of section 1 of act Mar.

12, 1914, by act Mar. 29, 1940, ch. 74, 54 Stat. 80, relating to

Mount McKinley National Park, and providing for accommodations for

visitors and residents, was set out as section 353a of Title 16,

Conservation. Section was formerly classified to section 301 of

Title 48, Territories and Insular Possessions.

Section 975a, act Mar. 12, 1914, ch. 37, Sec. 1, 38 Stat. 307,

related to telegraph and telephone lines in Alaska. Section was

comprised of original second paragraph of section 1 of act Mar. 12,

1914. Section was formerly classified to section 302 of Title 48.

EFFECTIVE DATE OF REPEAL

Repeal effective on date of transfer of Alaska Railroad to State

[Jan. 5, 1985], pursuant to section 1203 of Title 45, Railroads,

see section 615(a) of Pub. L. 97-468.

RENTAL OF ALASKA RAILROAD LANDS; REPORT TO CONGRESS

Pub. L. 95-611, Sec. 6, Nov. 8, 1978, 92 Stat. 3090, authorized

the Secretary of Transportation to conduct an investigation and

study to determine equitable rates to be charged for the rental of

Alaska Railroad lands, required submission by the Secretary of a

report on the results of such study to the Congress not later than

one year after Nov. 8, 1978, and provided that, prior to 180 days

after the receipt by Congress of such report, rental charges on

lands rented by the Alaska Railroad were not to be increased by

more than 100 per centum of the amount charged for such land on

Jan. 1, 1977.

APPROPRIATIONS

Section 2 of act Mar. 12, 1914, which provided that the cost of

the work authorized by sections 975 to 975g should not exceed

$35,000,000, and that in executing the authority granted by those

sections the President should not expend nor obligate the United

States to expend more than that sum, and also appropriated the sum

of $1,000,000 to be used for carrying out the provisions of those

sections, to continue available until expended, was repealed by

section 615(a)(1) of Pub. L. 97-468.

-End-

-CITE-

43 USC Sec. 975b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Sec. 975b. Repealed. Pub. L. 94-579, title VII, Sec. 704(a), Oct.

21, 1976, 90 Stat. 2792

-MISC1-

Section, act Mar. 12, 1914, ch. 37, Sec. 1, 38 Stat. 307,

authorized the President to withdraw, locate, and dispose of lands

for town-site purposes along Alaskan railroad lines. Section was

comprised of original fourth paragraph of act Mar. 12, 1914.

Section was formerly classified to section 303 of Title 48,

Territories and Insular Possessions.

EFFECTIVE DATE OF REPEAL

Section 704(a) of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

-End-

-CITE-

43 USC Secs. 975c to 975g 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 22 - RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS

-HEAD-

Secs. 975c to 975g. Repealed. Pub. L. 97-468, title VI, Sec.

615(a)(1), Jan. 14, 1983, 96 Stat. 2577

-MISC1-

Section 975c, act Mar. 12, 1914, ch. 37, Sec. 1, 38 Stat. 307,

related to terminals, stations, and rights of way in Alaska.

Section was comprised of part of the last paragraph of section 1 of

act Mar. 12, 1914. Section was formerly classified to section 304

of Title 48, Territories and Insular Possessions.

Section 975d, act Mar. 12, 1914, ch. 37, Sec. 1, 38 Stat. 307,

required Alaskan patents to contain reserve for right of way.

Section was comprised of part of the last paragraph of section 1 of

act Mar. 12, 1914. Section was formerly classified to section 305

of Title 48.

Section 975e, act Mar. 12, 1914, ch. 37, Sec. 3, 38 Stat. 307,

related to disposition of proceeds of lease or sale of public lands

in Alaska. Section was formerly classified to section 306 of Title

48.

Section 975f, act Mar. 12, 1914, ch. 37, Sec. 1, 38 Stat. 307,

related to authority of President as to Alaska Railroad,

telegraphs, telephones, etc. Section was comprised of the third

paragraph of section 1 of act Mar. 12, 1914. Section was formerly

classified to section 307 of Title 48.

Section 975g, act Mar. 12, 1914, ch. 37, Sec. 4, 38 Stat. 307,

required officers, agents, etc., to make annual report as to Alaska

Railroad, telegraphs, telephones, etc., to President for

transmittal to Congress. Section was formerly classified to section

308 of Title 48.

EFFECTIVE DATE OF REPEAL

Repeal effective on date of transfer of Alaska Railroad to State

[Jan. 5, 1985], pursuant to section 1203 of Title 45, Railroads,

see section 615(a) of Pub. L. 97-468.

-EXEC-

EXECUTIVE ORDER NO. 11107

Ex. Ord. No. 11107, Apr. 26, 1963, 28 F.R. 4225, which authorized

the Secretary of the Interior to operate the Alaska Railroad and,

subject to authority of the Interstate Commerce Commission,

establish rates, was superseded by Ex. Ord. No. 12434, July 19,

1983, 48 F.R. 33229, formerly set out below.

EXECUTIVE ORDER NO. 12434

Ex. Ord. No. 12434, July 19, 1983, 48 F.R. 33229, related to the

authority of the Secretary of Transportation to operate and

administer the Alaska Railroad and to determine procedures for

establishing rates for the Alaska Railroad, and to the authority of

the Secretary of Transportation and Interstate Commerce Commission

with respect to such rates. The Alaska Railroad was transferred to

the State of Alaska on Jan. 5, 1985, and the State of Alaska has

established the Alaska Railroad Corporation to manage and operate

the Alaska Railroad.

-End-