43 U.S.C. § 1770: Applicability of provisions…

Summary

Starting October 21, 1976, any new, renewed, or granted right-of-way over the lands covered here must follow the rules in this subchapter. If those rules clash with sections 532 to 538 of title 16, the rules in title 16 win. The rule does not force the Secretary of Agriculture to change how forest road rights-of-way are now handled under sections 532 to 538, including limits on term length or disclosures under section 1761(b). Applications already waiting when the rule took effect are treated as filed under these rules, and the Secretary can ask applicants for extra information if needed. Using the land for highways under sections 107 and 317 of title 23 is still allowed. Holding a right-of-way does not free anyone from U.S. antitrust laws. "Antitrust laws" here include the Acts of July 2, 1890; October 15, 1914; the Federal Trade Commission Act; and sections 73 and 74 of the Act of August 27, 1894.

Title 43, §1770

Public Lands, Source: USLM XML via OLRC

(a)Right-of-way

Effective on and after October 21, 1976, no right-of-way for the purposes listed in this subchapter shall be granted, issued, or renewed over, upon, under, or through such lands except under and subject to the provisions, limitations, and conditions of this subchapter: Provided, That nothing in this subchapter shall be construed as affecting or modifying the provisions of sections 532 to 538 of title 16 and in the event of conflict with, or inconsistency between, this subchapter and sections 532 to 538 of title 16, the latter shall prevail: Provided further, That nothing in this Act should be construed as making it mandatory that, with respect to forest roads, the Secretary of Agriculture limit rights-of-way grants or their term of years or require disclosure pursuant to section 1761(b) of this title or impose any other condition contemplated by this Act that is contrary to present practices of that Secretary under sections 532 to 538 of title 16. Any pending application for a right-of-way under any other law on the effective date of this section shall be considered as an application under this subchapter. The Secretary concerned may require the applicant to submit any additional information he deems necessary to comply with the requirements of this subchapter.

(b)Highway use

Nothing in this subchapter shall be construed to preclude the use of lands covered by this subchapter for highway purposes pursuant to section 107 and 317 of title 23.

(c)Application of antitrust laws

(1)Nothing in this subchapter shall be construed as exempting any holder of a right-of-way issued under this subchapter from any provision of the antitrust laws of the United States.

(2)For the purposes of this subsection, the term “antitrust laws” includes the Act of July 2, 1890 (26 Stat. 15 U.S.C. 1 et seq.); the Act of October 15, 1914 (38 Stat. 730, 15 U.S.C. 12 et seq.); the Federal Trade Commission Act (38 Stat. 717; 15 U.S.C. 41 et seq.); and section 73 and 74 of the Act of August 27, 1894 [15 U.S.C. 8, 9].

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables. The

Effective Date

of this section, referred to in subsec. (a), probably means the date of enactment of this section by Pub. L. 94–579, which was approved Oct. 21, 1976. Act of

July 2, 1890, referred to in subsec. (c)(2), is act

July 2, 1890, ch. 647, 26 Stat. 209, 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. Act of October 15, 1914, referred to in subsec. (c)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, known as the Clayton Act, which is classified generally to section 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and section 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see

References in Text

note set out under section 12 of Title 15 and Tables. The Federal Trade Commission Act, referred to in subsec. (c)(2), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables. section 73 and 74 of the Act of August 27, 1894, referred to in subsec. (c), are section 73 and 74 of act Aug. 27, 1894, ch. 349, 28 Stat. 570, which are classified to section 8 and 9 of Title 15.

Executive Documents

Transfer of Functions

See note set out under section 1763 of this title.

§1770 Applicability of Provisions to Other Federal Laws

Summary

Title 43, §1770

Notes & Related Subsidiaries

Editorial Notes

References in Text

Effective Date

Short Title

References in Text

Executive Documents

Transfer of Functions

Citations & Metadata