§ 1770. — Applicability of provisions to other Federal laws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1770]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER V--RIGHTS-OF-WAY
Sec. 1770. Applicability of provisions to other Federal laws
(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 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. 15 U.S.C. 1 et seq.); the Act
of October 15, 1914 (38 Stat. 730, 15 U.S.C. 12 et seq.); the Federal
Trade Commission Act (38 Stat. 717; 15 U.S.C. 41 et seq.); and sections
73 and 74 of the Act of August 27, 1894 [15 U.S.C. 8, 9].
(Pub. L. 94-579, title V, Sec. 510, Oct. 21, 1976, 90 Stat. 2782.)
References in Text
This Act, referred to in subsec. (a), is Pub. L. 94-579, Oct. 21,
1976, 90 Stat. 2743, as amended, known as the Federal Land Policy and
Management Act of 1976. For complete classification of this Act to the
Code, see Tables.
The effective date of this section, referred to in subsec. (a),
probably means the date of enactment of this section by Pub. L. 94-579,
which was approved Oct. 21, 1976.
Act of July 2, 1890, referred to in subsec. (c)(2), is act July 2,
1890, ch. 647, 26 Stat. 209, as amended, 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 section 1 of Title 15 and Tables.
Act of October 15, 1914, referred to in subsec. (c)(2), is act Oct.
15, 1914, ch. 323, 38 Stat. 730, as amended, known as the Clayton Act,
which is classified generally to sections 12, 13, 14 to 19, 20, 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 section 12 of Title 15 and Tables.
The Federal Trade Commission Act, referred to in subsec. (c)(2), is
act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of
Title 15. For complete classification of this Act to the Code, see
section 58 of Title 15 and Tables.
Sections 73 and 74 of the Act of August 27, 1894, referred to in
subsec. (c), are sections 73 and 74 of act Aug. 27, 1894, ch. 349, 28
Stat. 570, which are classified to sections 8 and 9 of Title 15.
Transfer of Functions
See note set out under section 1763 of this title.
