43 U.S.C. § 931b — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A

Page 284 TITLE 43—PUBLIC LANDS § 931 Sec. 931a. Authority of Attorney General to grant ease- ments and rights-of-way to States, etc. 931b. Repealed. 931c. Permits, leases, or easements; authorization to grant; payment; limitation. 931d. Additional authority of department or agency head. 932, 933. Repealed. 934. Right of way through public lands granted to railroads. 935. Several roads through canyons. 936. Condemnation of private land. 937. Filing profile of road; forfeiture of rights. 938. Lands excepted. 939. Alteration, amendment, or repeal. 940. Forfeiture of rights where railroad not con- structed in five years after location. 941. Railroad stations on rights of way granted. 942. Omitted. 942–1. Rights of way in Alaska; railroad rights of way; reservations; water transportation connections; State title to submerged lands; Federal repossession as trustee; ‘‘navigable waters’’ defined; posting sched- ules of rates; changes in rates. 942–2. Rights of several roads through canyons. 942–3. Condemnation of land. 942–4. Filing preliminary survey, map and profile of road. 942–5. Filing map and profile of road section; for- feiture of rights; reversion of grant. 942–6. Rights of way for Alaskan wagon roads, wire rope, aerial, or other tramways; reserva- tions; filing preliminary survey and map of location; alteration, amendment, repeal, or grant of equal rights; forfeiture of rights; reversion of grant; liens. 942–7. Military park, Indian or other reservation. 942–8. Reservation of right of alteration, amend- ment, or repeal; assignment of right of way. 942–9. Map location of road. 943. Right of way for railroads; reserved lands in Minnesota. 944. Right of way in Oklahoma and Arizona. 945. Reservation in patents of right of way for ditches or canals. 945a. Compensation for rights-of-way for certain reclamation projects. 945b. Jurisdiction; procedure. 946. Right of way to canal ditch companies and ir- rigation or drainage districts for irrigation or drainage purposes and operation and maintenance of reservoirs, canals, and laterals. 947. Map; damages to settlers. 948. Application to existing and future canals. 949. Use for canal or ditch only. 950. Right of way to canal and ditch companies for irrigation purposes; additional grants. 951. Right of way for water transportation, do- mestic purposes, or development of power. 952. Reservoir sites for water for livestock. 953. Declaratory statement as to reservoirs. 954. Survey; map of reservoirs. 955. Amendment, alteration, or repeal. 956. Right of way for tramroads, canals, or res- ervoirs. 957. Right of way to electric power companies. 958. Rights of way for wagon roads or railroads. 959. Rights of way for electrical plants, etc. 961. Rights-of-way for power and communications facilities. 962. Right of way in Colorado and Wyoming to pipeline companies. 963. Applications for Colorado and Wyoming pipe- line right of way. 964. Limit of time for completion of Colorado and Wyoming pipelines; forfeiture. 965. Restriction on use of Colorado and Wyoming pipeline right of way. Sec. 966. Right of way in Arkansas to pipe-line compa- nies. 967. Applications for Arkansas pipeline right of way. 968. Restriction on use of Arkansas pipeline right of way. 969. Forfeiture of Arkansas pipeline right of way for nonuser, etc. 970. Forfeiture of Arkansas pipeline right of way for violation of antitrust law. 971. Bathhouses, hotels, etc., adjacent to mineral, medicinal, etc., springs on public lands. 971a. Alaskan lands within highway, telephone, and pipeline withdrawals; disposal; amendment of land description of claim or entry on ad- joining lands. 971b. Sale of restored Alaskan lands; preference rights; consent of Federal agency. 971c. Utilization or occupancy of Alaskan ease- ments; consent of agency. 971d. Effect on valid existing Alaskan rights. 971e. Definition of restored Alaskan lands. 975 to 975g. Repealed. § 931. Navigable rivers as public highways All navigable rivers, within the territory occu- pied by the public lands, shall remain and be deemed public highways; and, in all cases where the opposite banks of any streams not navigable belong to different persons, the stream and the bed thereof shall become common to both. (R.S. § 2476.) Editorial Notes CODIFICATION R.S. § 2476 derived from acts May 18, 1796, ch. 29, § 9, 1 Stat. 468; Mar. 3, 1803, ch. 27, § 17, 2 Stat. 235. § 931a. Authority of Attorney General to grant easements and rights-of-way to States, etc. The Attorney General, whenever he deems it advantageous to the Government and upon such terms and conditions as he deems advisable, is authorized on behalf of the United States to grant to any State, or any agency or political subdivision thereof, easements in and rights-of- way over lands belonging to the United States which are under his supervision and control. Such grant may include the use of such ease- ments or rights-of-way by public utilities to the extent authorized and under the conditions im- posed by the laws of such State relating to use of public highways. Such partial, concurrent, or exclusive jurisdiction over the areas covered by such easements or rights-of-way, as the Attor- ney General deems necessary or desirable, is ceded to such State. The Attorney General is au- thorized to accept or secure on behalf of the United States from the State in which is situ- ated any land conveyed in exchange for any such easement or right-of-way, such jurisdiction as he may deem necessary or desirable over the land so acquired. (May 9, 1941, ch. 94, 55 Stat. 183.) § 931b. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641 Section, act July 24, 1946, ch. 596, § 7, 60 Stat. 643, au- thorized Secretary of War to grant easements and rights-of-way to States, etc. See section 2668 of Title 10, Armed Forces. 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