43 U.S.C. § 932 — Repealed. Pub. L. 94–579, title VII, § 706(a),

Page 285 TITLE 43—PUBLIC LANDS § 935 § 931c. Permits, leases, or easements; authoriza- tion to grant; payment; limitation The head of any department or agency of the Government of the United States having juris- diction over public lands and national forests, except national parks and monuments, of the United States is authorized to grant permits, leases, or easements, in return for the payment of a price representing the fair market value of such permit, lease, or easement, to be fixed by such head of such department or agency through appraisal, for a period not to exceed thirty years from the date of any such permit, lease, or ease- ment to States, counties, cities, towns, town- ships, municipal corporations, or other public agencies for the purpose of constructing and maintaining on such lands public buildings or other public works. In the event such lands cease to be used for the purpose for which such permit, lease, or easement was granted, the same shall thereupon terminate. (Sept. 3, 1954, ch. 1255, § 1, 68 Stat. 1146.) Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION Section repealed by Pub. L. 94–579, title VII, § 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. Such repeal not to be construed as terminating any valid lease, per- mit, 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. EXISTING RIGHTS-OF-WAY Provisions of section 706(a) of Pub. L. 94–579, except as pertaining to rights-of-way, not to be construed as affecting the authority of the Secretary of Agriculture under this section, see section 706(b) of Pub. L. 94–579, set out as a note under section 1701 of this title. § 931d. Additional authority of department or agency head The authority conferred by section 931c of this title shall be in addition to, and not in deroga- tion of any authority heretofore conferred upon the head of any department or agency of the Government of the United States to grant per- mits, leases, easements, or rights-of-way. (Sept. 3, 1954, ch. 1255, § 2, 68 Stat. 1146.) § 932. Repealed. Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793 Section, R.S. § 2477, authorized rights of way for con- struction of highways over public lands not reserved for public uses. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793, provided that the repeal made by section 706(a) is effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94–579 not to be construed as termi- nating 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. REGULATIONS AFFECTING RIGHTS-OF-WAY Pub. L. 104–208, div. A, title I, § 101(d) [title I, § 108], Sept. 30, 1996, 110 Stat. 3009–181, 3009–200, provided that: ‘‘No final rule or regulation of any agency of the Fed- eral Government pertaining to the recognition, man- agement, or validity of a right-of-way pursuant to Re- vised Statute 2477 ([former] 43 U.S.C. 932) shall take ef- fect unless expressly authorized by an Act of Congress subsequent to the date of enactment of this Act [Sept. 30, 1996].’’ § 933. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641 Section, act July 5, 1884, ch. 214, § 6, 23 Stat. 104, re- lated to powers of Secretary of War to permit extension of roads across military reservations, landing of ferries, erection of bridges, and driving of livestock. See sec- tions 4777 and 9777 of Title 10, Armed Forces. § 934. Right of way through public lands granted to railroads The right of way through the public lands of the United States is granted to any railroad company duly organized under the laws of any State or Territory, except the District of Colum- bia, or by the Congress of the United States, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road; also the right to take, from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad; also ground adjacent to such right of way for station buildings, depots, machine shops, side tracks, turnouts, and water stations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road. (Mar. 3, 1875, ch. 152, § 1, 18 Stat. 482.) Statutory Notes and Related Subsidiaries REPEAL; SAVINGS PROVISION Section repealed by Pub. L. 94–579, title VII, § 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. Such repeal not to be construed as terminating any valid lease, per- mit, 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. § 935. Several roads through canyons Any railroad company whose right of way, or whose track or roadbed upon such right of way, passes through any canyon, pass, or defile, shall not prevent any other railroad company from the use and occupancy of the said canyon, pass, or defile, for the purposes of its road, in common with the road first located, on the crossing of other railroads at grade. And the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any wagon or other public highway located therein on March 3, 1875, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation; and where any change in the location of such wagon road is necessary to