43 USC § 938 - Lands excepted

---
identifier: "/us/usc/t43/s938"
source: "usc"
legal_status: "official_prima_facie"
title: "43 USC § 938 - Lands excepted"
title_number: 43
title_name: "PUBLIC LANDS"
section_number: "938"
section_name: "Lands excepted"
chapter_number: 22
chapter_name: "RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Mar. 3, 1875, ch. 152, § 5, 18 Stat. 483.)"
---


# § 938. Lands excepted

March 3, 1875

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 .

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**Source Credit**: (Mar. 3, 1875, ch. 152, § 5, 18 Stat. 483.)

## Statutory Notes and Related Subsidiaries

### Repeal; Savings Provision

Section repealed by , , , effective on and after , insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the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 , see , set out as a note under .