§ 938. — Lands excepted.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC938]
TITLE 43--PUBLIC LANDS
CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
Sec. 938. Lands excepted
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.
(Mar. 3, 1875, ch. 152, Sec. 5, 18 Stat. 483.)
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Section repealed by Pub.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.
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.
Section Referred to in Other Sections
This section is referred to in sections 937, 939, 940, 943, 944 of
this title.
