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Title 43 — Public Lands

Chapter 22 — Rights-of-Way and Other Easements in Public Lands

§ 938. Lands excepted

Statutory text

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 .

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 43–152 § 5 · 18 Stat. 482

    Enacted · 43 U.S.C. § 938

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

    Source evidence

    Code source credit
    (Mar. 3, 1875, ch. 152, § 5, 18 Stat. 483.)

    Enacted provision · exact public law section
    Sec. 5. That this act shall not apply to any lands within the limits Application of this act. of any military, park, or Indian reservation, or other lands specially reserved from sale, unless such right of way shall be provided for by treaty-stipulation or by act of Congress heretofore passed.

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Repeal; Savings Provision

Section repealed by Pub. L. 94–579, title VII, § 706(a), , 90 Stat. 2793, effective on and after , 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 , see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

Credits

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

Parsed from the official OLRC USLM XML in data/usc_all/usc43.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t43/s938