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43 U.S.C. § 1770 — Applicability of provisions to other Federal laws

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1770 — Applicability of provisions to other Federal laws

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Source file: Laws/federal/codes/united-states-code/title-43/section-1770-applicability-of-provisions-to-other-federal-laws--e34cef8a09.md
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Source location: Title 43, Chapter 35, § 1770; chapter-035-federal-land-policy-and-management.md

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**(a) Right-of-way** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1761/b&num=0&edition=prelim) 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) For the purposes of this subsection, the term “antitrust laws” includes the Act of July 2, 1890 (26 Stat.11 So in original. Probably should be followed by “209”. [15 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1&num=0&edition=prelim) et seq.); the Act of October 15, 1914 (38 Stat. 730, [15 U.S.C. 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim) et seq.); the Federal Trade Commission Act (38 Stat. 717; [15 U.S.C. 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section41&num=0&edition=prelim) et seq.); and sections 73 and 74 of the Act of August 27, 1894 [[15 U.S.C. 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section8&num=0&edition=prelim), 9].

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 12 — Definitions; short title

**(a)** “Antitrust laws,” as used herein, includes the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” of August twenty-seventh, eighteen hundred and ninety-four; an Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes,’ ” approved February twelfth, nineteen hundred and thirteen; and also this Act.“Commerce,” as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands. The word “person” or “persons” wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. **(b)** This Act may be cited as the “Clayton Act”.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 58 — Short title

This subchapter may be cited as the “Federal Trade Commission Act”.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1 — Trusts, etc., in restraint of trade illegal; penalty

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 8 — Trusts in restraint of import trade illegal; penalty

Every combination, conspiracy, trust, agreement, or contract is declared to be contrary to public policy, illegal, and void when the same is made by or between two or more persons or corporations, either of whom, as agent or principal, is engaged in importing any article from any foreign country into the United States, and when such combination, conspiracy, trust, agreement, or contract is intended to operate in restraint of lawful trade, or free competition in lawful trade or commerce, or to increase the market price in any part of the United States of any article or articles imported or intended to be imported into the United States, or of any manufacture into which such imported article enters or is intended to enter. Every person who shall be engaged in the importation of goods or any commodity from any foreign country in violation of this section, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and on conviction thereof in any court of the United States such person shall be fined in a sum not less than $100 and not exceeding $5,000, and shall be further punished by imprisonment, in the discretion of the court, for a term not less than three months nor exceeding twelve months.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established; membership; vacancies; seal

A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..11 So in original. The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1763 — Right-of-way corridors; criteria and procedures applicable for designation

In order to minimize adverse environmental impacts and the proliferation of separate rights-of-way, the utilization of rights-of-way in common shall be required to the extent practical, and each right-of-way or permit shall reserve to the Secretary concerned the right to grant additional rights-of-way or permits for compatible uses on or adjacent to rights-of-way granted pursuant to this Act. In designating right-of-way corridors and in determining whether to require that rights-of-way be confined to them, the Secretary concerned shall take into consideration national and State land use policies, environmental quality, economic efficiency, national security, safety, and good engineering and technological practices. The Secretary concerned shall issue regulations containing the criteria and procedures he will use in designating such corridors. Any existing transportation and utility corridors may be designated as transportation and utility corridors pursuant to this subsection without further review.

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15 U.S.C. § 1 — Trusts, etc., in restraint of trade illegal; pen-

Page 3 TITLE 15—COMMERCE AND TRADE § 1 Sec. 4. Jurisdiction of courts; duty of United States attorneys; procedure. 5. Bringing in additional parties. 6. Forfeiture of property in transit. 6a. Conduct involving trade or commerce with foreign nations. 7. ‘‘Person’’ or ‘‘persons’’ defined. 7a. Definitions. 7a–1. Limitation on recovery. 7a–2. Rights, authorities, and liabilities not af- fected. 7a–3. Anti-retaliation protection for whistle- blowers. 8. Trusts in restraint of import trade illegal; penalty. 9. Jurisdiction of courts; duty of United States attorneys; procedure. 10. Bringing in additional parties. 11. Forfeiture of property in transit. 12. Definitions; short title. 13. Discrimination in price, services, or facilities. 13a. Discrimination in rebates, discounts, or ad- vertising service charges; underselling in particular localities; penalties. 13b. Cooperative association; return of net earn- ings or surplus. 13c. Exemption of non-profit institutions from price discrimination provisions. 14. Sale, etc., on agreement not to use goods of competitor. 15. Suits by persons injured. 15a. Suits by United States; amount of recovery; prejudgment interest. 15b. Limitation of actions. 15c. Actions by State attorneys general. 15d. Measurement of damages. 15e. Distribution of damages. 15f. Actions by Attorney General. 15g. Definitions. 15h. Applicability of parens patriae actions. 16. Judgments. 17. Antitrust laws not applicable to labor organi- zations. 18. Acquisition by one corporation of stock of an- other. 18a. Premerger notification and waiting period. 18b. Mergers involving foreign government sub- sidies. 19. Interlocking directorates and officers. 19a, 20. Repealed. 21. Enforcement pro

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 12 — Definitions; short title

Page 19 TITLE 15—COMMERCE AND TRADE § 12 (Pub. L. 108–237, title II, § 216, as added Pub. L. 116–257, § 2, Dec. 23, 2020, 134 Stat. 1147.) § 8. Trusts in restraint of import trade illegal; penalty Every combination, conspiracy, trust, agree- ment, or contract is declared to be contrary to public policy, illegal, and void when the same is made by or between two or more persons or cor- porations, either of whom, as agent or principal, is engaged in importing any article from any foreign country into the United States, and when such combination, conspiracy, trust, agreement, or contract is intended to operate in restraint of lawful trade, or free competition in lawful trade or commerce, or to increase the market price in any part of the United States of any article or articles imported or intended to be imported into the United States, or of any manufacture into which such imported article enters or is intended to enter. Every person who shall be engaged in the importation of goods or any commodity from any foreign country in vio- lation of this section, or who shall combine or conspire with another to violate the same, is guilty of a misdemeanor, and on conviction thereof in any court of the United States such person shall be fined in a sum not less than $100 and not exceeding $5,000, and shall be further punished by imprisonment, in the discretion of the court, for a term not less than three months nor exceeding twelve months. (Aug. 27, 1894, ch. 349, § 73, 28 Stat. 570; Feb. 12, 1913, ch. 40, 37 Stat. 667.) Editorial Notes AMENDMENTS 1913—Act Feb. 12, 1913, inserted ‘‘as agent or prin- cipal’’. Statutory Notes and Related Subsidiaries SHORT TITLE Section 77, formerly § 78, of act Aug. 27, 1894, as added by Pub. L. 94–435, title III,

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established;

Page 48 TITLE 15—COMMERCE AND TRADE § 41 1 So in original. Sec. 74. Rules and regulations. 75. Retaliation against country prohibiting im- portations. 76. Retaliation against restriction of importa- tions in time of war. 77. Discrimination against neutral Americans in time of war. SUBCHAPTER I—FEDERAL TRADE COMMISSION § 41. Federal Trade Commission established; membership; vacancies; seal A commission is created and established, to be known as the Federal Trade Commission (here- inafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be mem- bers of the same political party. The first Com- missioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the un- expired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..1 The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be re- moved by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. The Commission shall have a

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 8 — Trusts in restraint of import trade illegal;

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