43 U.S.C. § 938 — Lands excepted

Sections 934 to 939 of this title shall not apply to any lands within the limits of any military, park, or Indian reservation, or other lands especially reserved from sale, unless such right of way shall be provided for by treaty-stipulation or by Act of Congress passed prior to March 3, 1875 . (Mar. 3, 1875, ch. 152, § 5, 18 Stat. 483 .) Statutory Notes and Related Subsidiaries Repeal; Savings Provision Section repealed by Pub.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, 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 .

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