US Code

Public Law 119-87 (04/30/2026)

43 U.S.C. § 1770

Applicability of provisions to other Federal laws

(a)

Right-of-way

ProvidedProvided furthersection 1761(b) of this titleEffective on and after , 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: , 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: , 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 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.

(b)

Highway use

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.

(c)

Application of antitrust laws

(1)
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.
(2)
1
1 So in original. Probably should be followed by “209”.
15 U.S.C. 138 Stat. 730 15 U.S.C. 1238 Stat. 717 15 U.S.C. 4115 U.S.C. 8 For the purposes of this subsection, the term “antitrust laws” includes the Act of (26 Stat. et seq.); the Act of (, et seq.); the Federal Trade Commission Act (; et seq.); and sections 73 and 74 of the Act of [, 9].

Pub. L. 94–579, title V, § 51090 Stat. 2782 (, , .)

Editorial Notes

References in Text

Pub. L. 94–57990 Stat. 2743 This Act, referred to in subsec. (a), is , , , known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

Pub. L. 94–579The effective date of this section, referred to in subsec. (a), probably means the date of enactment of this section by , which was approved .

act July 2, 1890, ch. 647 26 Stat. 209 section 1 of Title 15Act of , referred to in subsec. (c)(2), is , , known as the Sherman Act, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act Oct. 15, 1914, ch. 323 38 Stat. 730 section 12 of Title 15Act of , referred to in subsec. (c)(2), is , , known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under and Tables.

act Sept. 26, 1914, ch. 311 38 Stat. 717 section 58 of Title 15The Federal Trade Commission Act, referred to in subsec. (c)(2), is , , which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see and Tables.

act Aug. 27, 1894, ch. 349 28 Stat. 570 Sections 73 and 74 of the Act of , referred to in subsec. (c), are sections 73 and 74 of , , which are classified to sections 8 and 9 of Title 15.

Executive Documents

Transfer of Functions

section 1763 of this titleSee note set out under .