§ 942-8. — Reservation of right of alteration, amendment, or repeal; assignment of right of way.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC942-8]
TITLE 43--PUBLIC LANDS
CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
Sec. 942-8. Reservation of right of alteration, amendment, or
repeal; assignment of right of way
Congress reserves the right at any time to alter, amend, or repeal
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 or any part thereof; and the right of
way herein authorized shall not be assigned or transferred in any form
whatever prior to the construction and completion of at least one-fourth
of the proposed mileage of such railroad, wagon road, or tramway, as
indicated by the map of definite location, except by mortgages or other
liens that may be given or secured thereon to aid in the construction
thereof: Provided, That where within ninety days after May 14, 1898,
proof is made to the satisfaction of the Secretary of the Interior that
actual surveys, evidenced by designated monuments, were made, and the
line of a railroad, wagon road, or tramway located thereby, or that
actual construction was commenced on the line of any railroad, wagon
road, or tramway, prior to January 21, 1898, the rights to inure
hereunder shall, if the terms of said sections are complied with as to
such railroad, wagon road, or tramway, relate back to the date when such
survey or construction was commenced; and in all conflicts relative to
the right-of-way or other privilege of said sections the person,
company, or corporation having been first in time in actual survey or
construction, as the case may be, shall be deemed first in right.
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\1\ See References in Text note below.
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(May 14, 1898, ch. 299, Sec. 8, 30 Stat. 412.)
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Section repealed by Pub.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text, were repealed by Pub.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 418 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.
Section Referred to in Other Sections
This section is referred to in sections 942-1, 942-3, 942-4, 942-5,
942-6, 942-7 of this title; title 16 section 3215.
