43 U.S.C. § 1770

Applicability of provisions to other Federal laws

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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 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 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, § 510, Oct. 21, 1976, 90 Stat. 2782.)Editorial NotesReferences in Text

This Act, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, 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, 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, known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 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, which is classified generally to subchapter I (§ 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.

Executive DocumentsTransfer of Functions

See note set out under section 1763 of this title.

Notes of Decisions

Cited in 6 cases, 1981–2009 · leading case: City & Cnty. of Denver, Etc. v. Bergland, 517 F. Supp. 155 (D. Colo. 1981).

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City & Cnty. of Denver, Etc. v. Bergland, 517 F. Supp. 155 (D. Colo. 1981). · cites it 2× “*180 See also section 510(a) of the FLPMA, 43 U.S.C. § 1770 . 29 Therefore the Forest Service, as an agency of the Department of Agriculture has authority to determine if one is trespassing on national forest lands, and to issue special use permits to use those national forest…”

United States v. Garfield Cnty., 122 F. Supp. 2d 1201 (D. Utah 2000). “43 U.S.C.A. § 1770 (a) (1986). Existing rights-of-way remained vested; nothing in the statute “shall have the effect of terminating any right-of-way .”

Underwood Livestock, Inc. v. United States, 79 Fed. Cl. 486 (Fed. Cl. 2007). “43 U.S.C. § 1770 . However, FLPMA itself did not terminate pre-existing rights-of-way.”

Underwood Livestock, Inc. v. United States, 89 Fed. Cl. 287 (Fed. Cl. 2009). “43 U.S.C. § 1770 . . The Act of July 26, 1866 is also known as the Mining Act of 1866, Ch.”

Nevada Power Co. v. Watt, 515 F. Supp. 307 (D. Utah 1981). “” Section 510(a) of the FLPMA, 43 U.S.C. § 1770 (a), provides that the provisions of Title V, including section 504(g), shall apply to all right-of-way applications pending on or filed after the effective date of the FLPMA (October 21, 1976).”

Nevada Power Co. v. Watt, 711 F.2d 913 (10th Cir. 1983). “” FLPMA § 510(a), 43 U.S.C. § 1770 (emphasis added). We must decide whether this language reflects congressional intent that Interior recover costs under FLPMA incurred prior to the Act’s passage in processing applications for rights-of-way that were still pending on the date of…”

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