Public Law 119-73 (01/23/2026)

43 U.S.C. § 942–8

Reservation of right of alteration, amendment, or repeal; assignment of right of way

1

1 See References in Text note below.
ProvidedCongress reserves the right at any time to alter, amend, or repeal sections 687a, 687a–2 to 687a–5, 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: , That where within ninety days after , 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 , 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.

May 14, 1898, ch. 299, § 830 Stat. 412(, .)

Editorial Notes

References in Text

Pub. L. 94–579, title VII90 Stat. 2789Sections 687a and 687a–2 to 687a–5 of this title, referred to in text, were repealed by , §§ 703(a), 704(a), , , 2792.

Codification

section 418 of Title 48Section was formerly classified to , Territories and Insular Possessions.

Statutory Notes and Related Subsidiaries

Repeal; Savings Provision

Pub. L. 94–579, title VII, § 706(a)90 Stat. 2793section 701 of Pub. L. 94–579section 1701 of this titleSection repealed by , , , effective on and after , insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the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. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on , see , set out as a note under .