Title 43, Public LandsRelease 119-102

§938 Lands Excepted

Title 43 › CHAPTER 22 — RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS › § 938

Last updated Aug 21, 2026|Official source

Summary

Certain reserved lands—military posts, parks, and Indian reservations—are excluded unless a treaty or law before March 3, 1875 granted right-of-way.

Full Legal Text

Title 43, §938

Public Lands, Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Repeal;

Savings Provision

Section repealed by Pub. L. 94–579, title VII, § 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. Such repeal 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.

Reference

Citations & Metadata

Citation

43 U.S.C. § 938

Title 43, Public Lands

Last Updated

Aug 21, 2026

Release point: 119-102