43 U.S.C. § 942–5: Filing map and profile of…

Summary

Companies wanting the benefits of those laws must, within 12 months after filing a preliminary road map, give the land-office officer the Secretary of the Interior designates a clear map and profile for at least a 20-mile section of the road (or for the whole road if it is under 20 miles). Each year they must file a map locating at least 20 more miles until the whole route is definitely located. When the Secretary approves a filing, it is recorded and the lands along that approved route are held under the right-of-way. If any approved section is not finished within 1 year after its definite location is approved, or if the required map is not filed within 1 year, or if the entire road is not completed within 4 years after the definite location filing, the company loses its rights for those unfinished sections. Those sections automatically return to the United States, the office record is canceled, and any land reservations for the right-of-way, stations, and terminals end.

Title 43, §942–5

Public Lands, Source: USLM XML via OLRC

Any company desiring to secure the benefits of section 687a, 687a–2 to 687a–5, and 942–1 to 942–9 of this title and section 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 687a and 687a–2 to 687a–5 of this title, referred to in text, were repealed by Pub. L. 94–579, title VII, §§ 703(a), 704(a), Oct. 21, 1976, 90 Stat. 2789, 2792. Codification Section was formerly classified to section 415 of Title 48, Territories and Insular Possessions.

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.

Executive Documents

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.

§942–5 Filing Map and Profile of Road Section; Forfeiture of Rights; Reversion of Grant