43 U.S.C. § 1770 — Applicability of provisions to other Federal laws
submitted 50 years ago by Pub. L. 94-579 to r/title-43-PUBLIC-LANDS · 353 words · no verdicts yet
For the specified rights-of-way, this subchapter controls grants, renewals, and pending applications, subject to an exception for certain Forest Service laws. It also preserves highway use and antitrust-law coverage.
(a) From and after October 21, 1976, no right-of-way for a purpose listed in this subchapter may be granted, issued, or renewed across, on, under, or through the covered lands except under this subchapter’s provisions, limits, and conditions. This subchapter does not change sections 532 through 538 of title 16; if they conflict, those sections control. It also does not require the Agriculture Secretary, for forest roads, to limit rights-of-way or their terms, require section 1761(b) disclosure, or impose another condition contrary to that Secretary’s existing practice under sections 532 through 538 of title 16. A pending application under another law on this section’s effective date is treated as an application under this subchapter, and the responsible Secretary may demand information needed to meet this subchapter.
(b) Nothing here prevents using covered lands for highways under sections 107 and 317 of title 23.
(c)(1) This subchapter does not exempt a right-of-way holder from United States antitrust laws. (2) “Antitrust laws” includes the Acts of July 2, 1890, and October 15, 1914, the Federal Trade Commission Act, and sections 73 and 74 of the Act of August 27, 1894, as the cited provisions identify them.
Effective on and after October 21, 1976, no right-of-way for the purposes listed in this subchapter shall be granted, issued, or renewed over, upon, under, or through such lands except under and subject to the provisions, limitations, and conditions of this subchapter: Provided, That nothing in this subchapter shall be construed as affecting or modifying the provisions of sections 532 to 538 of title 16 and in the event of conflict with, or inconsistency between, this subchapter and sections 532 to 538 of title 16, the latter shall prevail: Provided further, That nothing in this Act should be construed as making it mandatory that, with respect to forest roads, the Secretary of Agriculture limit rights-of-way grants or their term of years or require disclosure pursuant to section 1761(b) of this title or impose any other condition contemplated by this Act that is contrary to present practices of that Secretary under sections 532 to 538 of title 16. Any pending application for a right-of-way under any other law on the effective date of this section shall be considered as an application under this subchapter. The Secretary concerned may require the applicant to submit any additional information he deems necessary to comply with the requirements of this subchapter.
Nothing in this subchapter shall be construed to preclude the use of lands covered by this subchapter for highway purposes pursuant to sections 107 and 317 of title 23.
Nothing in this subchapter shall be construed as exempting any holder of a right-of-way issued under this subchapter from any provision of the antitrust laws of the United States.
For the purposes of this subsection, the term “antitrust laws” includes the Act of July 2, 1890 (26 Stat.115 U.S.C. 1 et seq.); the Act of October 15, 1914 (38 Stat. 730, 15 U.S.C. 12 et seq.); the Federal Trade Commission Act (38 Stat. 717; 15 U.S.C. 41 et seq.); and sections 73 and 74 of the Act of August 27, 1894 [15 U.S.C. 8, 9].
Source credit: (Pub. L. 94–579, title V, § 510, Oct. 21, 1976, 90 Stat. 2782.)
- 1976Enacted · Pub. L. 94-579 · 90 Stat. 2782
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-579 on 1976-10-21.
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