§ 942-5. — Filing map and profile of road section; forfeiture of rights; reversion of grant.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC942-5]
TITLE 43--PUBLIC LANDS
CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
Sec. 942-5. Filing map and profile of road section; forfeiture
of rights; reversion of grant
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.
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(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.)
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.
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.
Codification
Section was formerly classified to section 415 of Title 48,
Territories and Insular Possessions.
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.
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.
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.