US (United States) Code. Title 43. Chapter 8A: Grazing lands

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

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-CITE-

43 USC CHAPTER 8A - GRAZING LANDS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

-HEAD-

CHAPTER 8A - GRAZING LANDS

-MISC1-

SUBCHAPTER I - GENERALLY

Sec.

315. Grazing districts; establishment; restrictions; prior

rights; rights-of-way; hearing and notice; hunting or

fishing rights.

315a. Protection, administration, regulation, and

improvement of districts; rules and regulations;

study of erosion and flood control; offenses.

315b. Grazing permits; fees; vested water rights; permits

not to create right in land.

315c. Fences, wells, reservoirs, and other improvements;

construction; permits; partition fences.

315d. Grazing stock for domestic purposes; use of natural

resources.

315e. Rights of way; development of mineral resources.

315f. Homestead entry within district or withdrawn lands;

classification; preferences.

315g, 315g-1. Repealed.

315h. Cooperation with associations, land officials, and

agencies engaged in conservation or propagation of

wildlife; local hearings on appeals; acceptance and

use of contributions.

315i. Disposition of moneys received; availability for

improvements.

315j. Appropriation of moneys received; application of

public-land laws to Indian ceded lands; application

for mineral title to lands.

315k. Cooperation with governmental departments;

coordination of range administration.

315l. Lands under national-forest administration.

315m. Lease of isolated or disconnected tracts for grazing;

preferences.

315m-1. Lease of State, county, or privately owned lands;

period of lease; rental.

315m-2. Administration of leased lands.

315m-3. Availability of contributions received.

315m-4. Disposition of receipts; availability for leasing of

land.

315n. State police power not abridged.

315o. Repealed.

315o-1. Board of grazing district advisers; composition;

meetings; duties.

315o-2. Animals and equipment for field employees.

315p. Repealed.

315q. Withdrawal of lands for war or national defense

purposes; payment for cancellation of permits or

licenses.

315r. Rental payments in advance in case of withdrawal of

lands for war or national defense purposes.

SUBCHAPTER II - ALASKA

316. Declaration of policy.

316a. Definitions.

316b. Grazing districts.

316c. Alteration of grazing districts.

316d. Notice of establishment and alteration of grazing

district; hearings.

316e. Preferences.

316f. Terms and conditions of lease.

(a) Period of lease.

(b) Size of leasehold.

(c) Terms for surrender of lease.

(d) Terms for renewal of lease.

316g. Grazing fees.

316h. Dispositions of receipts.

316i. Assignment of leases.

316j. Improvements to leasehold.

(a) Authorization.

(b) Removal of improvement upon termination of

lease.

(c) Payment for improvement upon termination of

lease.

316k. Penalties.

316l. Stock driveways and free grazing.

(a) Establishment, maintenance and regulation.

(b) Grazing of livestock free of charge.

(c) Grazing allotments to Eskimos or other native

or half-breed.

316m. Hearing and appeals.

316n. Administration.

316o. Laws applicable.

-End-

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43 USC SUBCHAPTER I - GENERALLY 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

SUBCHAPTER I - GENERALLY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 315m-2, 1751, 1752,

1903 of this title; title 16 sections 272b, 460iii-3; title 25

section 621; title 30 section 601; title 50 App. section 561.

-End-

-CITE-

43 USC Sec. 315 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315. Grazing districts; establishment; restrictions; prior

rights; rights-of-way; hearing and notice; hunting or fishing

rights

-STATUTE-

In order to promote the highest use of the public lands pending

its final disposal, the Secretary of the Interior is authorized, in

his discretion, by order to establish grazing districts or

additions thereto and/or to modify the boundaries thereof, of

vacant, unappropriated, and unreserved lands from any part of the

public domain of the United States (exclusive of Alaska), which are

not in national forests, national parks and monuments, Indian

reservations, revested Oregon and California Railroad grant lands,

or revested Coos Bay Wagon Road grant lands, and which in his

opinion are chiefly valuable for grazing and raising forage crops:

Provided, That no lands withdrawn or reserved for any other purpose

shall be included in any such district except with the approval of

the head of the department having jurisdiction thereof. Nothing in

this subchapter shall be construed in any way to diminish,

restrict, or impair any right which has been heretofore or may be

hereafter initiated under existing law validly affecting the public

lands, and which is maintained pursuant to such law except as

otherwise expressly provided in this subchapter nor to affect any

land heretofore or hereafter surveyed which, except for the

provisions of this subchapter, would be a part of any grant to any

State, nor as limiting or restricting the power or authority of any

State as to matters within its jurisdiction. Whenever any grazing

district is established pursuant to this subchapter, the Secretary

shall grant to owners of land adjacent to such district, upon

application of any such owner, such rights-of-way over the lands

included in such district for stock-driving purposes as may be

necessary for the convenient access by any such owner to marketing

facilities or to lands not within such district owned by such

person or upon which such person has stock-grazing rights. Neither

this subchapter nor the Act of December 29, 1916 (39 Stat. 862;

U.S.C., title 43, secs. 291 and following), commonly known as the

"Stock Raising Homestead Act", shall be construed as limiting the

authority or policy of Congress or the President to include in

national forests public lands of the character described in section

471 (!1) of title 16, for the purposes set forth in section 475 of

title 16, or such other purposes as Congress may specify. Before

grazing districts are created in any State as herein provided, a

hearing shall be held in the State, after public notice thereof

shall have been given, at such location convenient for the

attendance of State officials, and the settlers, residents, and

livestock owners of the vicinity, as may be determined by the

Secretary of the Interior. No such district shall be established

until the expiration of ninety days after such notice shall have

been given, nor until twenty days after such hearing shall be held:

Provided, however, That the publication of such notice shall have

the effect of withdrawing all public lands within the exterior

boundary of such proposed grazing districts from all forms of entry

of settlement. Nothing in this subchapter shall be construed as in

any way altering or restricting the right to hunt or fish within a

grazing district in accordance with the laws of the United States

or of any State, or as vesting in any permittee any right

whatsoever to interfere with hunting or fishing within a grazing

district.

-SOURCE-

(June 28, 1934, ch. 865, Sec. 1, 48 Stat. 1269; June 26, 1936, ch.

842, title I, Sec. 1, 49 Stat. 1976; May 28, 1954, ch. 243, Sec. 2,

68 Stat. 151.)

-REFTEXT-

REFERENCES IN TEXT

The Stock Raising Homestead Act, referred to in text, is act Dec.

29, 1916, ch. 9, 39 Stat. 862, as amended, which was classified

generally to subchapter X (Sec. 291 et seq.) of chapter 7 of this

title and was repealed by Pub. L. 94-579, title VII, Secs. 702,

704(a), Oct. 21, 1976, 90 Stat. 2787, 2792, except for sections 9

and 11 which are classified to sections 299 and 301, respectively,

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 291 of this title and

Tables.

Section 471 of title 16, referred to in text, was repealed by

Pub. L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat.

2792.

-MISC1-

AMENDMENTS

1954 - Act May 28, 1954, struck out of first sentence provision

limiting to one hundred and forty-two million acres the area which

might be included in grazing districts.

1936 - Act June 26, 1936, increased acreage which could be

included in grazing districts from 80 million to 142 million acres.

SHORT TITLE

Act June 28, 1934, which enacted this subchapter, is popularly

known as the "Taylor Grazing Act".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 315a, 1715 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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43 USC Sec. 315a 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315a. Protection, administration, regulation, and improvement

of districts; rules and regulations; study of erosion and flood

control; offenses

-STATUTE-

The Secretary of the Interior shall make provision for the

protection, administration, regulation, and improvement of such

grazing districts as may be created under the authority of section

315 of this title, and he shall make such rules and regulations and

establish such service, enter into such cooperative agreements, and

do any and all things necessary to accomplish the purposes of this

subchapter and to insure the objects of such grazing districts,

namely, to regulate their occupancy and use, to preserve the land

and its resources from destruction or unnecessary injury, to

provide for the orderly use, improvement, and development of the

range; and the Secretary of the Interior is authorized to continue

the study of erosion and flood control and to perform such work as

may be necessary amply to protect and rehabilitate the areas

subject to the provisions of this subchapter, through such funds as

may be made available for that purpose, and any willful violation

of the provisions of this subchapter or of such rules and

regulations thereunder after actual notice thereof shall be

punishable by a fine of not more than $500.

-SOURCE-

(June 28, 1934, ch. 865, Sec. 2, 48 Stat. 1270.)

-End-

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43 USC Sec. 315b 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315b. Grazing permits; fees; vested water rights; permits not

to create right in land

-STATUTE-

The Secretary of the Interior is authorized to issue or cause to

be issued permits to graze livestock on such grazing districts to

such bona fide settlers, residents, and other stock owners as under

his rules and regulations are entitled to participate in the use of

the range, upon the payment annually of reasonable fees in each

case to be fixed or determined from time to time in accordance with

governing law. Grazing permits shall be issued only to citizens of

the United States or to those who have filed the necessary

declarations of intention to become such, as required by the

naturalization laws, and to groups, associations, or corporations

authorized to conduct business under the laws of the State in which

the grazing district is located. Preference shall be given in the

issuance of grazing permits to those within or near a district who

are landowners engaged in the livestock business, bona fide

occupants or settlers, or owners of water or water rights, as may

be necessary to permit the proper use of lands, water or water

rights owned, occupied, or leased by them, except that until July

1, 1935, no preference shall be given in the issuance of such

permits to any such owner, occupant, or settler, whose rights were

acquired between January 1, 1934, and December 31, 1934, both

dates, inclusive, except that no permittee complying with the rules

and regulations laid down by the Secretary of the Interior shall be

denied the renewal of such permit, if such denial will impair the

value of the grazing unit of the permittee, when such unit is

pledged as security for any bona fide loan. Such permits shall be

for a period of not more than ten years, subject to the preference

right of the permittees to renewal in the discretion of the

Secretary of the Interior, who shall specify from time to time

numbers of stock and seasons of use. During periods of range

depletion due to severe drought or other natural causes, or in case

of a general epidemic of disease, during the life of the permit,

the Secretary of the Interior is authorized, in his discretion to

remit, reduce, refund in whole or in part, or authorize

postponement of payment of grazing fees for such depletion period

so long as the emergency exists: Provided further, That nothing in

this subchapter shall be construed or administered in any way to

diminish or impair any right to the possession and use of water for

mining, agriculture, manufacture, or other purposes which has

heretofore vested or accrued under existing law validly affecting

the public lands or which may be hereafter initiated or acquired

and maintained in accordance with such law. So far as consistent

with the purposes and provisions of this subchapter, grazing

privileges recognized and acknowledged shall be adequately

safeguarded, but the creation of a grazing district or the issuance

of a permit pursuant to the provisions of this subchapter shall not

create any right, title, interest, or estate in or to the lands.

-SOURCE-

(June 28, 1934, ch. 865, Sec. 3, 48 Stat. 1270; Aug. 6, 1947, ch.

507, Sec. 1, 61 Stat. 790; Pub. L. 94-579, title IV, Sec.

401(b)(3), Oct. 21, 1976, 90 Stat. 2773.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-579 substituted provisions authorizing fees to

be fixed in accordance with governing law, for provisions

authorizing fees to take into account public benefits to users of

grazing districts over and above benefits accruing to users of

forage resources and provisions requiring fees to consist of a

grazing fee and a range-improvement fee.

1947 - Act Aug. 6, 1947, provided for method to be used by

Secretary of the Interior in fixing amount of grazing fees and by

assessing a separate grazing fee and a range-improvement fee.

SAVINGS PROVISION

Amendment by Pub. L. 94-579 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 315i of this title.

-End-

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43 USC Sec. 315c 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315c. Fences, wells, reservoirs, and other improvements;

construction; permits; partition fences

-STATUTE-

Fences, wells, reservoirs, and other improvements necessary to

the care and management of the permitted livestock may be

constructed on the public lands within such grazing districts under

permit issued by the authority of the Secretary, or under such

cooperative arrangement as the Secretary may approve. Permittees

shall be required by the Secretary of the Interior to comply with

the provisions of law of the State within which the grazing

district is located with respect to the cost and maintenance of

partition fences. No permit shall be issued which shall entitle the

permittee to the use of such improvements constructed and owned by

a prior occupant until the applicant has paid to such prior

occupant the reasonable value of such improvements to be determined

under rules and regulations of the Secretary of the Interior. The

decision of the Secretary in such cases is to be final and

conclusive.

-SOURCE-

(June 28, 1934, ch. 865, Sec. 4, 48 Stat. 1271.)

-End-

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43 USC Sec. 315d 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315d. Grazing stock for domestic purposes; use of natural

resources

-STATUTE-

The Secretary of the Interior shall permit, under regulations to

be prescribed by him, the free grazing within such districts of

livestock kept for domestic purposes; and provided that so far as

authorized by existing law or laws hereinafter enacted, nothing

contained in this subchapter shall prevent the use of timber,

stone, gravel, clay, coal, and other deposits by miners,

prospectors for mineral, bona fide settlers and residents, for

firewood, fencing, buildings, mining, prospecting, and domestic

purposes within areas subject to the provisions of this subchapter.

-SOURCE-

(June 28, 1934, ch. 865, Sec. 5, 48 Stat. 1271.)

-End-

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43 USC Sec. 315e 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315e. Rights of way; development of mineral resources

-STATUTE-

Nothing contained in this subchapter shall restrict the

acquisition, granting or use of permits or rights of way within

grazing districts under existing law; or ingress or egress over the

public lands in such districts for all proper and lawful purposes;

and nothing contained in this subchapter shall restrict

prospecting, locating, developing, mining, entering, leasing, or

patenting the mineral resources of such districts under law

applicable thereto.

-SOURCE-

(June 28, 1934, ch. 865, Sec. 6, 48 Stat. 1272.)

-End-

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43 USC Sec. 315f 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315f. Homestead entry within district or withdrawn lands;

classification; preferences

-STATUTE-

The Secretary of the Interior is authorized, in his discretion,

to examine and classify any lands withdrawn or reserved by

Executive order of November 26, 1934 (numbered 6910), and

amendments thereto, and Executive order of February 5, 1935

(numbered 6964), or within a grazing district, which are more

valuable or suitable for the production of agricultural crops than

for the production of native grasses and forage plants, or more

valuable or suitable for any other use than for the use provided

for under this subchapter or proper for acquisition in satisfaction

of any outstanding lieu, exchange or script (!1) rights or land

grant, and to open such lands to entry, selection, or location for

disposal in accordance with such classification under applicable

public-land laws, except that homestead entries shall not be

allowed for tracts exceeding three hundred and twenty acres in

area. Such lands shall not be subject to disposition, settlement,

or occupation until after the same have been classified and opened

to entry: Provided, That locations and entries under the mining

laws including the Act of February 25, 1920, as amended [30 U.S.C.

181 et seq.], may be made upon such withdrawn and reserved areas

without regard to classification and without restrictions or

limitation by any provision of this subchapter. Where such lands

are located within grazing districts reasonable notice shall be

given by the Secretary of the Interior to any grazing permittee of

such lands. The applicant, after his entry, selection, or location

is allowed, shall be entitled to the possession and use of such

lands: Provided, That upon the application of any applicant

qualified to make entry, selection, or location, under the

public-land laws, filed in the land office of the proper district,

the Secretary of the Interior shall cause any tract to be

classified, and such application, if allowed by the Secretary of

the Interior, shall entitle the applicant to a preference right to

enter, select, or locate such lands if opened to entry as herein

provided.

-SOURCE-

(June 28, 1934, ch. 865, Sec. 7, 48 Stat. 1272; June 26, 1936, ch.

842, title I, Sec. 2, 49 Stat. 1976.)

-REFTEXT-

REFERENCES IN TEXT

The mining laws, referred to in text, are classified generally to

Title 30, Mineral Lands and Mining.

Act of February 25, 1920, as amended, referred to in text, is act

Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the

Mineral Leasing Act, which is classified generally to chapter 3A

(Sec. 181 et seq.) of Title 30. For complete classification of this

Act to the Code, see Short Title note set out under section 181 of

Title 30 and Tables.

The public-land laws, referred to in text, are classified

generally to this title.

-MISC1-

AMENDMENTS

1936 - Act June 26, 1936, amended section generally.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 30 section 704.

-FOOTNOTE-

(!1) So in original. Probably should be "scrip".

-End-

-CITE-

43 USC Secs. 315g, 315g-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Secs. 315g, 315g-1. Repealed. Pub. L. 94-579, title VII, Sec.

705(a), Oct. 21, 1976, 90 Stat. 2792

-MISC1-

Section 315g, acts June 28, 1934, ch. 865, Sec. 8, 48 Stat. 1272;

June 26, 1936, ch. 842, title I, Sec. 3, 49 Stat. 1976; June 19,

1948, ch. 548, Sec. 1, 62 Stat. 533, related to acceptance of

donations of grazing lands.

Section 315g-1, Pub. L. 87-524, July 9, 1962, 76 Stat. 140,

authorized lands acquired under former section 315g of this title

which were parts of national forests to be continued in such

status.

EFFECTIVE DATE OF REPEAL

Section 705(a) of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 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.

-End-

-CITE-

43 USC Sec. 315h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315h. Cooperation with associations, land officials, and

agencies engaged in conservation or propagation of wildlife;

local hearings on appeals; acceptance and use of contributions

-STATUTE-

The Secretary of the Interior shall provide, by suitable rules

and regulations, for cooperation with local associations of

stockmen, State land officials, and official State agencies engaged

in conservation or propagation of wildlife interested in the use of

the grazing districts. The Secretary of the Interior shall provide

by appropriate rules and regulations for local hearings on appeals

from the decisions of the administrative officer in charge in a

manner similar to the procedure in the land department. The

Secretary of the Interior shall also be empowered to accept

contributions toward the administration, protection, and

improvement of lands within or without the exterior boundaries of a

grazing district, moneys, so received to be covered into the

Treasury as a special fund, which is appropriated and made

available until expended, as the Secretary of the Interior may

direct, for payment of expenses incident to said administration,

protection, and improvement, and for refunds to depositors of

amounts contributed by them in excess of their share of the cost.

-SOURCE-

(June 28, 1934, ch. 865, Sec. 9, 48 Stat. 1273; June 19, 1948, ch.

548, Sec. 2, 62 Stat. 533.)

-MISC1-

AMENDMENTS

1948 - Act June 19, 1948, substituted "lands within or without

the external boundaries of a grazing district" for "the district"

in third sentence, in order to permit acceptance of lands without

boundaries of grazing district.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 315i, 315m-3 of this

title.

-End-

-CITE-

43 USC Sec. 315i 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315i. Disposition of moneys received; availability for

improvements

-STATUTE-

Except as provided in sections 315h and 315j of this title, all

moneys received under the authority of this subchapter shall be

deposited in the Treasury of the United States as miscellaneous

receipts, but the following proportions of the moneys so received

shall be distributed as follows: (a) 12 1/2 per centum of the

moneys collected as grazing fees under section 315b of this title

during any fiscal year shall be paid at the end thereof by the

Secretary of the Treasury to the State in which the grazing

districts producing such moneys are situated, to be expended as the

State legislature of such State may prescribe for the benefit of

the county or counties in which the grazing districts producing

such moneys are situated: Provided, That if any grazing district is

in more than one State or county, the distributive share to each

from the proceeds of said district shall be proportional to its

area in said district; (b) 50 per centum of all moneys collected

under section 315m of this title (!1) during any fiscal year shall

be paid at the end thereof by the Secretary of the Treasury to the

State in which the lands producing such moneys are located, to be

expended as the State legislature of such State may prescribe for

the benefit of the county or counties in which the lands producing

such moneys are located: Provided, That if any leased tract is in

more than one State or county, the distributive share to each from

the proceeds of said leased tract shall be proportional to its area

in said leased tract.

-SOURCE-

(June 28, 1934, ch. 865, Sec. 10, 48 Stat. 1273; June 26, 1936, ch.

842, title I, Sec. 4, 49 Stat. 1978; Aug. 6, 1947, ch. 507, Sec. 2,

61 Stat. 790; Pub. L. 94-579, title IV, Sec. 401(b)(2), Oct. 21,

1976, 90 Stat. 2773.)

-REFTEXT-

REFERENCES IN TEXT

Section 315m of this title, referred to in text, was in the

original "said section", referring back to section 315m cited in a

preceding provision which was deleted by Pub. L. 94-579 without

correction to phrase "said section".

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-579 in cl. (b) struck out authorization of

availability of 25 per centum of all moneys collected under section

315m of this title during any fiscal year for construction, etc.,

of range improvements.

1947 - Act Aug. 6, 1947, reduced States' share of grazing fees

collected under section 315b of this title from 50 to 12 1/2 per

centum and provided for distribution of grazing fees collected

under section 315m of this title with 25 per centum available for

range improvements and 50 per centum paid to the State.

1936 - Act June 26, 1936, substituted "under this subchapter

during any fiscal year" for "from each grazing district during any

fiscal year", wherever appearing, "in which the grazing districts

or lands producing such moneys are situated" for "in which said

grazing district is situated" wherever appearing, and inserted in

proviso "or leased tract" after "grazing district" wherever

appearing.

SAVINGS PROVISION

Amendment by Pub. L. 94-579 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 315m-1, 315m-4, 1751 of

this title; title 31 section 6903.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 315j 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315j. Appropriation of moneys received; application of

public-land laws to Indian ceded lands; application for mineral

title to lands

-STATUTE-

When appropriated by Congress, 33 1/3 per centum of all grazing

fees received from each grazing district on Indian lands ceded to

the United States for disposition under the public-land laws during

any fiscal year shall be paid at the end thereof by the Secretary

of the Treasury to the State in which said lands are situated, to

be expended as the State legislature may prescribe for the benefit

of public schools and public roads of the county or counties in

which such grazing lands are situated. And the remaining 66 2/3

per centum of all grazing fees received from such grazing lands

shall be deposited to the credit of the Indians pending final

disposition under applicable laws, treaties, or agreements. The

applicable public land laws as to said Indian ceded lands within a

district created under this subchapter shall continue in operation,

except that each and every application for nonmineral title to said

lands in a district created under this subchapter shall be allowed

only if in the opinion of the Secretary of the Interior the land is

of the character suited to disposal through the Act under which

application is made and such entry and disposal will not affect

adversely the best public interest, but no settlement or occupation

of such lands shall be permitted until ninety days after allowance

of an application.

-SOURCE-

(June 28, 1934, ch. 865, Sec. 11, 48 Stat. 1273; Aug. 6, 1947, ch.

507, Sec. 3, 61 Stat. 791.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in text, are classified

generally to this title.

-MISC1-

AMENDMENTS

1947 - Act Aug. 6, 1947, provided that 33 1/3 per centum of

grazing fees on certain Indian lands be paid to the States and the

remaining 66 2/3 per centum of such fees be credited to the

Indians.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 315i, 315m-1, 315m-4,

1751 of this title; title 25 section 672.

-End-

-CITE-

43 USC Sec. 315k 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315k. Cooperation with governmental departments; coordination

of range administration

-STATUTE-

The Secretary of the Interior is authorized to cooperate with any

department of the Government in carrying out the purposes of this

subchapter and in the coordination of range administration,

particularly where the same stock grazes part time in a grazing

district and part time in a national forest or other reservation.

-SOURCE-

(June 28, 1934, ch. 865, Sec. 12, 48 Stat. 1274.)

-End-

-CITE-

43 USC Sec. 315l 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315l. Lands under national-forest administration

-STATUTE-

The President of the United States is authorized to reserve by

proclamation and place under national-forest administration in any

State where national forests may be created or enlarged by

Executive order any unappropriated public lands lying within

watersheds forming a part of the national forests which, in his

opinion, can best be administered in connection with existing

national-forest administration units, and to place under the

Interior Department administration any lands within national

forests, principally valuable for grazing, which, in his opinion,

can best be administered under the provisions of this subchapter:

Provided, That such reservations or transfers shall not interfere

with legal rights acquired under any public-land laws so long as

such rights are legally maintained. Lands placed under the

national-forest administration under the authority of this

subchapter shall be subject to all the laws and regulations

relating to national forests, and lands placed under the Interior

Department administration shall be subject to all public-land laws

and regulations applicable to grazing districts created under

authority of this subchapter. Nothing in this section shall be

construed so as to limit the powers of the President (relating to

reorganizations in the executive departments) granted by sections

124 to 132 of title 5.(!1)

-SOURCE-

(June 28, 1934, ch. 865, Sec. 13, 48 Stat. 1274.)

-REFTEXT-

REFERENCES IN TEXT

The public-land laws, referred to in text, are classified

generally to this title.

Sections 124 to 132 of title 5, referred to in text, was in the

original "title 4 of the Act entitled 'An Act making appropriations

for the Treasury and Post Office Departments for the fiscal year

ending June 30, 1934, and for other purposes', approved March 3,

1933", meaning Title IV of Part II (Secs. 401-409) of the

Legislative Appropriation Act, fiscal year 1933, as amended

generally by section 16 of act Mar. 3, 1933, ch. 212, 47 Stat.

1517, which was classified to sections 124 to 132 of former Title

5, Executive Departments and Government Officers and Employees.

Sections 124 to 131 of former Title 5 were repealed by Pub. L.

89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, the first section

of which enacted Title 5, Government Organization and Employees,

and section 132 of former Title 5 was omitted as executed pursuant

to its own terms.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 315m 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315m. Lease of isolated or disconnected tracts for grazing;

preferences

-STATUTE-

The Secretary of the Interior is further authorized, in his

discretion, where vacant, unappropriated, and unreserved lands of

the public domain are so situated as not to justify their inclusion

in any grazing district to be established pursuant to this

subchapter, to lease any such lands for grazing purposes, upon such

terms and conditions as the Secretary may prescribe: Provided, That

preference shall be given to owners, homesteaders, lessees, or

other lawful occupants of contiguous lands to the extent necessary

to permit proper use of such contiguous lands, except, that when

such isolated or disconnected tracts embrace seven hundred and

sixty acres or less, the owners, homesteaders, lessees, or other

lawful occupants of lands contiguous thereto or cornering thereon

shall have a preference right to lease the whole of such tract,

during a period of ninety days after such tract is offered for

lease, upon the terms and conditions prescribed by the Secretary:

Provided further, That when public lands are restored from a

withdrawal, the Secretary may grant an appropriate preference right

for a grazing lease, license, or permit to users of the land for

grazing purposes under authority of the agency which had

jurisdiction over the lands immediately prior to the time of their

restoration.

-SOURCE-

(June 28, 1934, ch. 865, Sec. 15, 48 Stat. 1275; June 26, 1936, ch.

842, title I, Sec. 5, 49 Stat. 1978; May 28, 1954, ch. 243, Sec. 1,

68 Stat. 151.)

-MISC1-

AMENDMENTS

1954 - Act May 28, 1954, inserted proviso authorizing Secretary

to grant a preference right to users of withdrawn public lands for

grazing purposes when lands are restored from withdrawal.

1936 - Act June 26, 1936, inserted first proviso.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 315i of this title; title

16 section 670e.

-End-

-CITE-

43 USC Sec. 315m-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315m-1. Lease of State, county, or privately owned lands;

period of lease; rental

-STATUTE-

The Secretary of the Interior in his discretion is authorized to

lease at rates to be determined by him any State, county, or

privately owned lands chiefly valuable for grazing purposes and

lying within the exterior boundaries of a grazing district when, in

his judgment, the leasing of such lands will promote the orderly

use of the district and aid in conserving the forage resources of

the public lands therein: Provided, That no such leases shall run

for a period of more than ten years and in no event shall the

grazing fees paid the United States for the grazing privileges on

any of the lands leased under the provisions of this section be

less than the rental paid by the United States for any of such

lands: Provided further, That nothing in this section shall be

construed as authorizing the appropriation of any moneys except

that moneys heretofore or hereafter appropriated for construction,

purchase, and maintenance of range improvements within grazing

districts, pursuant to the provisions of sections 315i and 315j of

this title, may be made additionally available by Congress for the

leasing of land under this section and sections 315m-2 to 315m-4 of

this title.

-SOURCE-

(June 23, 1938, ch. 603, Sec. 1, 52 Stat. 1033.)

-COD-

CODIFICATION

Section was not enacted as a part of act June 28, 1934, known as

the Taylor Grazing Act, which comprises this subchapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 315m-2, 315m-3, 315m-4 of

this title.

-End-

-CITE-

43 USC Sec. 315m-2 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315m-2. Administration of leased lands

-STATUTE-

The lands leased under sections 315m-1 to 315m-4 of this title

shall be administered under the provisions of the Act of June 28,

1934 (48 Stat. 1269), as amended June 26, 1936 (49 Stat. 1976),

commonly known as the Taylor Grazing Act.

-SOURCE-

(June 23, 1938, ch. 603, Sec. 2, 52 Stat. 1033.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 28, 1934 (48 Stat. 1269), as amended June 26, 1936

(49 Stat. 1976), referred to in text, is act June 28, 1934, ch.

865, 48 Stat. 1269, as amended, known as the Taylor Grazing Act,

which is classified principally to this subchapter (Sec. 315 et

seq.). For complete classification of this Act to the Code, see

Short Title note set out under section 315 of this title and

Tables.

-COD-

CODIFICATION

Section was not enacted as a part of act June 28, 1934, known as

the Taylor Grazing Act, which comprises this subchapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 315m-1, 315m-3, 315m-4 of

this title.

-End-

-CITE-

43 USC Sec. 315m-3 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315m-3. Availability of contributions received

-STATUTE-

Contributions received by the Secretary of the Interior under

section 315h of this title, toward the administration, protection,

and improvement of any district shall be additionally available for

the leasing of lands under sections 315m-1 to 315m-4 of this title.

-SOURCE-

(June 23, 1938, ch. 603, Sec. 3, 52 Stat. 1033.)

-COD-

CODIFICATION

Section was not enacted as a part of act June 28, 1934, known as

the Taylor Grazing Act, which comprises this subchapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 315m-1, 315m-2, 315m-4 of

this title.

-End-

-CITE-

43 USC Sec. 315m-4 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315m-4. Disposition of receipts; availability for leasing of

land

-STATUTE-

All moneys received by the Secretary of the Interior in the

administration of leased lands as provided in section 315m-2 of

this title shall be deposited in the Treasury of the United States

as miscellaneous receipts, but are made available, when

appropriated by the Congress, for the leasing of lands under

sections 315m-1 to 315m-4 of this title and shall not be

distributed as provided under sections 315i and 315j of this title.

-SOURCE-

(June 23, 1938, ch. 603, Sec. 4, 52 Stat. 1033.)

-COD-

CODIFICATION

Section was not enacted as a part of act June 28, 1934, known as

the Taylor Grazing Act, which comprises this subchapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 315m-1, 315m-2, 315m-3 of

this title.

-End-

-CITE-

43 USC Sec. 315n 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315n. State police power not abridged

-STATUTE-

Nothing in this subchapter shall be construed as restricting the

respective States from enforcing any and all statutes enacted for

police regulation, nor shall the police power of the respective

States be, by this subchapter, impaired or restricted, and all laws

heretofore enacted by the respective States or any thereof, or that

may hereafter be enacted as regards public health or public

welfare, shall at all times be in full force and effect: Provided,

however, That nothing in this section shall be construed as

limiting or restricting the power and authority of the United

States.

-SOURCE-

(June 28, 1934, ch. 865, Sec. 16, 48 Stat. 1275.)

-End-

-CITE-

43 USC Sec. 315o 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315o. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 649

-MISC1-

Section, act June 28, 1934, ch. 865, Sec. 17, as added June 26,

1936, ch. 842, Sec. 6, 49 Stat. 1978, authorized the President to

select a Director of Grazing and the Secretary of the Interior to

appoint assistant directors and employees.

-End-

-CITE-

43 USC Sec. 315o-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315o-1. Board of grazing district advisers; composition;

meetings; duties

-STATUTE-

(a) In order that the Secretary of the Interior may have the

benefit of the fullest information and advice concerning physical,

economic, and other local conditions in the several grazing

districts, there shall be an advisory board of local stockmen in

each such district, the members of which shall be known as grazing

district advisers. Each such board shall consist of not less than

five nor more than twelve members, exclusive of wildlife

representatives, one such representative to be appointed by the

Secretary, in his discretion, to membership on each such board.

Except for such wildlife representatives, the names of the members

of each district advisory board shall be recommended to the

Secretary by the users of the range in that district through an

election conducted under rules and regulations prescribed by the

Secretary. No grazing district adviser so recommended, however,

shall assume office until he has been appointed by the Secretary

and has taken an oath of office. The Secretary may, after due

notice, remove any grazing district adviser from office if in his

opinion such removal would be for the good of the service.

(b) Each district advisory board shall meet at least once

annually at a time to be fixed by the Secretary of the Interior, or

by such other officer to whom the Secretary may delegate the

function of issuing grazing permits, and at such other times as its

members may be called by such officer. Each board shall offer

advice and make a recommendation on each application for such a

grazing permit within its district: Provided, That in no case shall

any grazing district adviser participate in any advice or

recommendation concerning a permit, or an application therefor, in

which he is directly or indirectly interested. Each board shall

further offer advice or make recommendations concerning rules and

regulations for the administration of this subchapter, the

establishment of grazing districts and the modification of the

boundaries thereof, the seasons of use and carrying capacity of the

range, and any other matters affecting the administration of this

subchapter within the district. Except in a case where in the

judgment of the Secretary an emergency shall exist, the Secretary

shall request the advice of the advisory board in advance of the

promulgation of any rules and regulations affecting the district.

-SOURCE-

(June 28, 1934, ch. 865, Sec. 18, as added July 14, 1939, ch. 270,

53 Stat. 1002; amended 1946 Reorg. Plan No. 3, Sec. 403, eff. July

16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of the Interior" substituted for "Director of Grazing"

in subsec. (b) on authority of section 403 of Reorg. Plan No. 3 of

1946, which abolished Grazing Service and transferred functions of

Grazing Service to a new agency in Department of the Interior to be

known as Bureau of Land Management. See section 403 of Reorg. Plan

No. 3 of 1946, set out as a note under section 1 of this title.

-MISC1-

TERMINATION OF ADVISORY BOARDS

Advisory boards in existence on Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period following Jan. 5,

1973, unless, in the case of a board established by the President

or an officer of the Federal Government, such board is renewed by

appropriate action prior to the expiration of such 2-year period,

or in the case of a board established by the Congress, its duration

is otherwise provided by law. Advisory boards established after

Jan. 5, 1973, to terminate not later than the expiration of the

2-year period beginning on the date of their establishment, unless,

in the case of a board established by the President or an officer

of the Federal Government, such board is renewed by appropriate

action prior to the expiration of such 2-year period, or in the

case of a board established by the Congress, its duration is

otherwise provided by law. See sections 3(2) and 14 of Pub. L.

92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to

Title 5, Government Organization and Employees.

-End-

-CITE-

43 USC Sec. 315o-2 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315o-2. Animals and equipment for field employees

-STATUTE-

The Secretary of the Interior may require field employees of the

Bureau of Land Management to furnish horses and miscellaneous

equipment necessary for the performance of their official work and

may provide at Government expense forage, care, and housing for

such animals and equipment.

-SOURCE-

(Dec. 18, 1942, ch. 769, 56 Stat. 1067; 1946 Reorg. Plan No. 3,

Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

-COD-

CODIFICATION

Section was not enacted as a part of act June 28, 1934, known as

the Taylor Grazing Act, which comprises this subchapter.

-TRANS-

TRANSFER OF FUNCTIONS

"Bureau of Land Management" substituted for "Grazing Service" on

authority of section 403 of Reorg. Plan No. 3 of 1946, which

abolished Grazing Service and transferred functions of Grazing

Service to a new agency to be known as Bureau of Land Management.

See section 403 of Reorg. Plan No. 3 of 1946, set out as a note

under section 1 of this title.

-End-

-CITE-

43 USC Sec. 315p 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315p. Repealed. Pub. L. 94-579, title VII, Sec. 705(a), Oct.

21, 1976, 90 Stat. 2792

-MISC1-

Section, act Aug. 24, 1937, ch. 744, 50 Stat. 748, authorized

issuance of patents for lands acquired under exchange provisions of

former section 315g of this title.

EFFECTIVE DATE OF REPEAL

Section 705(a) of Pub. L. 94-579 provided that the repeal made by

that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Repeal by Pub. L. 94-579 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.

-End-

-CITE-

43 USC Sec. 315q 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315q. Withdrawal of lands for war or national defense

purposes; payment for cancellation of permits or licenses

-STATUTE-

Whenever use for war or national defense purposes of the public

domain or other property owned by or under the control of the

United States prevents its use for grazing, persons holding grazing

permits or licenses and persons whose grazing permits or licenses

have been or will be canceled because of such use shall be paid out

of the funds appropriated or allocated for such project such

amounts as the head of the department or agency so using the lands

shall determine to be fair and reasonable for the losses suffered

by such persons as a result of the use of such lands for war or

national defense purposes. Such payments shall be deemed payment in

full for such losses. Nothing contained in this section shall be

construed to create any liability not now existing against the

United States.

-SOURCE-

(July 9, 1942, ch. 500, 56 Stat. 654; May 28, 1948, ch. 353, Sec.

1, 62 Stat. 277.)

-COD-

CODIFICATION

Section was not enacted as a part of act June 28, 1934, known as

the Taylor Grazing Act, which comprises this subchapter.

-MISC1-

AMENDMENTS

1948 - Act May 28, 1948, inserted "or national defense" between

"war" and "purposes" wherever appearing.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 2 of act May 28, 1948, provided that: "This amendment

[amending this section] is to take effect as of July 25, 1947."

TERMINATION OF WAR AND EMERGENCIES

Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided

that in the interpretation of this section, the date July 25, 1947,

shall be deemed to be the date of termination of any state of war

theretofore declared by Congress and of the national emergencies

proclaimed by the President on September 8, 1939, and May 27, 1941.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 315r of this title; title

10 section 2661.

-End-

-CITE-

43 USC Sec. 315r 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER I - GENERALLY

-HEAD-

Sec. 315r. Rental payments in advance in case of withdrawal of

lands for war or national defense purposes

-STATUTE-

In administering the provisions of section 315q of this title,

payments of rentals may be made in advance.

-SOURCE-

(Oct. 29, 1949, ch. 787, title III, Sec. 301, 63 Stat. 996.)

-COD-

CODIFICATION

Section was not enacted as a part of act June 28, 1934, known as

the Taylor Grazing Act, which comprises this subchapter.

-End-

-CITE-

43 USC SUBCHAPTER II - ALASKA 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

SUBCHAPTER II - ALASKA

-End-

-CITE-

43 USC Sec. 316 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316. Declaration of policy

-STATUTE-

It is declared to be the policy of Congress in promoting the

conservation of the natural resources of Alaska to provide for the

protection and development of forage plants and for the beneficial

utilization thereof for grazing by livestock under such regulations

as may be considered necessary and consistent with the purposes and

provisions of this subchapter. In effectuating this policy the use

of these lands for grazing shall be subordinated (a) to the

development of their mineral resources, (b) to the protection,

development, and utilization of their forests, (c) to the

protection, development, and utilization of their water resources,

(d) to their use for agriculture, and (e) to the protection,

development, and utilization of such other resources as may be of

greater benefit to the public.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 1, 44 Stat. 1452.)

-COD-

CODIFICATION

Section was formerly classified to section 471 of Title 48,

Territories and Insular Possessions.

-MISC1-

SHORT TITLE

Act Mar. 4, 1927, ch. 513, which is classified to this

subchapter, is popularly known as the "Alaska Livestock Grazing

Act".

-End-

-CITE-

43 USC Sec. 316a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316a. Definitions

-STATUTE-

As used in this subchapter -

(1) The term "person" means individual, partnership, corporation,

or association.

(2) The term "district" means any grazing district established

under the provisions of section 316b of this title.

(3) The term "Secretary" means the Secretary of the Interior.

(4) The term "lessee" means the holder of any lease.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 2, 44 Stat. 1452.)

-COD-

CODIFICATION

Section was formerly classified to section 471a of Title 48,

Territories and Insular Possessions.

-End-

-CITE-

43 USC Sec. 316b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316b. Grazing districts

-STATUTE-

(a) The Secretary may establish grazing districts upon any public

lands outside of the Aleutian Islands Reservation, national

forests, and other reservations administered by the Secretary of

Agriculture and outside of national parks and monuments which, in

his opinion, are valuable for the grazing of livestock. Such

districts may include such areas of surveyed and unsurveyed lands

as he determines may be conveniently administered as a unit, even

if such areas are neither contiguous nor adjacent.

(b) The Secretary, after the establishment of a district, is

authorized to lease the grazing privileges therein in accordance

with the provisions of this subchapter.(!1)

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 3, 44 Stat. 1452.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (b), was in the original

"this title" and has been translated as if the reference was to

"this Act" to reflect the probable intent of Congress inasmuch as

the act of Mar. 4, 1927, was not divided into titles.

-COD-

CODIFICATION

Section was formerly classified to section 471b of Title 48,

Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 316a of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 316c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316c. Alteration of grazing districts

-STATUTE-

After any district is established the area embraced therein may

be altered in any of the following ways:

(1) The Secretary may add to such districts any public lands

which, in his opinion, should be made a part of the district.

(2) The Secretary, subject to existing rights of any lessee, may

exclude from such district any lands which he determines are no

longer valuable for grazing purposes or are more valuable for other

purposes.

(3) The Secretary may enter into cooperative agreement with any

person, in respect of the administration, as a part of a district,

of lands owned by such person which are contiguous or adjacent to

such district or any part thereof.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 4, 44 Stat. 1452.)

-COD-

CODIFICATION

Section was formerly classified to section 471c of Title 48,

Territories and Insular Possessions.

-End-

-CITE-

43 USC Sec. 316d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316d. Notice of establishment and alteration of grazing

district; hearings

-STATUTE-

Before establishing or altering a district the Secretary shall

publish once a week for a period of six consecutive weeks in a

newspaper of general circulation in each judicial division in which

the district proposed to be established or altered is located, a

notice describing the boundaries of the proposed district or the

proposed alteration, announcing the date on which he proposes to

establish such district or make such alteration and the location

and date of hearings required under this section. No such

alteration shall be made until after public hearings are held with

respect to such alteration in each such judicial division after the

publishing of such notice.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 5, 44 Stat. 1453; Pub. L. 90-403, Sec.

1, July 18, 1968, 82 Stat. 358.)

-COD-

CODIFICATION

Section was formerly classified to section 471d of Title 48,

Territories and Insular Possessions.

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-403 required publication of notice of

alteration of a grazing district in each judicial division in which

the district proposed to be altered is located, the notice to

describe the boundaries of the proposed alteration and location and

date of requisite hearings, and also public hearings with respect

to the alteration to be held in each such judicial division prior

to making the alteration.

-End-

-CITE-

43 USC Sec. 316e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316e. Preferences

-STATUTE-

In considering applications to lease grazing privileges the

Secretary shall, as far as is consistent with the efficient

administration of the grazing district, prefer (1) natives, (2)

other occupants of the range, and (3) settlers over all other

applicants.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 6, 44 Stat. 1453.)

-COD-

CODIFICATION

Section was formerly classified to section 471e of Title 48,

Territories and Insular Possessions.

-End-

-CITE-

43 USC Sec. 316f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316f. Terms and conditions of lease

-STATUTE-

(a) Period of lease

A lease may be made for such term as the Secretary deems

reasonable, but not to exceed fifty-five years, taking into

consideration all factors that are relevant to the exercise of the

grazing privileges conferred.

(b) Size of leasehold

Leases shall be made for grazing on a definite area except where

local conditions or the administration of grazing privileges makes

more practicable a lease based on the number of stock to be grazed.

(c) Terms for surrender of lease

Each lease shall provide that the lessee may surrender his lease,

and, if he has complied with the terms and conditions of the lease

to the time of surrender, may avoid further liability for fees

thereunder by giving written notice to the Secretary of such

surrender. The lease shall specify the length of time of notice,

which shall not exceed one year.

(d) Terms for renewal of lease

Each lease shall provide that the lessee may negotiate for

renewal of such lease, subject to the provisions of this

subchapter, at any time during the final five years of the term of

such lease.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 7, 44 Stat. 1453; Pub. L. 90-403, Sec.

2, July 18, 1968, 82 Stat. 358.)

-COD-

CODIFICATION

Section was formerly classified to section 471f of Title 48,

Territories and Insular Possessions.

-MISC1-

AMENDMENTS

1968 - Subsec. (a). Pub. L. 90-403, Sec. 2(a), substituted

provisions for reasonable term of leases, limited to fifty-five

years, and based on all factors relevant to exercise of grazing

privileges for prior provisions for twenty year leases, except

where land may be required for other than grazing purposes within a

ten year period, and for shorter term leases as desired by

applicant.

Subsec. (d). Pub. L. 90-403, Sec. 2(b), added subsec. (d).

-End-

-CITE-

43 USC Sec. 316g 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316g. Grazing fees

-STATUTE-

(a) The Secretary shall determine for each lease the grazing fee

to be paid. Such fee shall -

(1) Be fixed on the basis of the area leased or on the basis of

the number and kind of stock permitted to be grazed;

(2) Be fixed, for the period of the lease, as a seasonal or

annual fee, payable annually or semi-annually on the date

specified in the lease;

(3) Be fixed with due regard to the general economic value of

the grazing privileges, and in no case shall exceed such value;

and

(4) Be moderate.

(b) If the Secretary determines such action to be for the public

interest by reason of (1) depletion or destruction of the range by

any cause beyond the control of the lessee, or (2) calamity or

disease causing wholesale destruction of or injury to livestock, he

may grant an extension of time for making payment of any grazing

fee undue any lease, reduce the amount of any such payment, or

release or discharge the lessee from making such payment.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 8, 44 Stat. 1453.)

-COD-

CODIFICATION

Section was formerly classified to section 471g of Title 48,

Territories and Insular Possessions.

-End-

-CITE-

43 USC Sec. 316h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316h. Dispositions of receipts

-STATUTE-

All moneys received during any fiscal year on account of such

fees in excess of the actual cost of administration of this

subchapter shall be paid at the end thereof by the Secretary of the

Treasury to the Territory of Alaska, to be expended in such manner

as the Legislature of the Territory may direct for the benefit of

public education and roads.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 9, 44 Stat. 1453.)

-COD-

CODIFICATION

Section was formerly classified to section 471h of Title 48,

Territories and Insular Possessions.

-MISC1-

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-End-

-CITE-

43 USC Sec. 316i 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316i. Assignment of leases

-STATUTE-

The lessee may, with the approval of the Secretary, assign in

whole or in part any lease, and to the extent of such assignment be

relieved from any liability in respect of such lease, accruing

subsequent to the effective date of such assignment.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 10, 44 Stat. 1453.)

-COD-

CODIFICATION

Section was formerly classified to section 471i of Title 48,

Territories and Insular Possessions.

-End-

-CITE-

43 USC Sec. 316j 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316j. Improvements to leasehold

-STATUTE-

(a) Authorization

The Secretary may authorize a lessee to construct and/or maintain

and utilize upon any area included within the provisions of his

lease any fence, building, corral, reservoir, well or other

improvements needed for the exercise of the grazing privileges of

the lessee within such area; but any such fence shall be

constructed as to permit the ingress and egress of miners,

prospectors for minerals, and other persons entitled to enter such

area for lawful purposes.

(b) Removal of improvement upon termination of lease

The lessee shall be given ninety days from the date of

termination of his lease for any cause to remove from the area

included within the provisions of his lease any fence, building,

corral, or other removable range improvement owned or controlled by

him.

(c) Payment for improvement upon termination of lease

If such lessee notifies the Secretary on or before the

termination of his lease of his determination to leave on the land

any improvements the construction or maintenance of which has been

authorized by the Secretary, no other person shall use or occupy

under any grazing lease, or entry under any public land law, the

land on which any such improvements are located until there has

been paid to the person entitled thereto the value of such

improvements as determined by the Secretary.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 11, 44 Stat. 1454.)

-REFTEXT-

REFERENCES IN TEXT

The public land laws, referred to in subsec. (c), are classified

generally to this title.

-COD-

CODIFICATION

Section was formerly classified to section 471j of Title 48,

Territories and Insular Possessions.

-End-

-CITE-

43 USC Sec. 316k 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316k. Penalties

-STATUTE-

Within one year from the date of the establishment of any

district the Secretary shall give notice by publication in one or

more newspapers of general circulation in each judicial division in

which such district or any part thereof is located that after the

date specified in such notice it shall be unlawful for any person

to graze any class of livestock on lands in such district except

under authority of a lease made or permission granted by the

Secretary; and any person who willfully grazes livestock on such

lands after such date and without such authority shall, upon

conviction, be punished by a fine of not more than $500.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 12, 44 Stat. 1454.)

-COD-

CODIFICATION

Section was formerly classified to section 471k of Title 48,

Territories and Insular Possessions.

-End-

-CITE-

43 USC Sec. 316l 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316l. Stock driveways and free grazing

-STATUTE-

(a) Establishment, maintenance and regulation

The Secretary may establish and maintain, and regulate the use

of, stock driveways in districts and may charge a fee for or permit

the free use of such driveways.

(b) Grazing of livestock free of charge

The Secretary may permit any person, including prospectors and

miners, to graze free of charge a small number of livestock upon

any land included within any grazing district.

(c) Grazing allotments to Eskimos or other native or half-breed

The Secretary may in his discretion grant a permit or lease for a

grazing allotment without charge on unallotted public lands to any

Eskimo or other native or half-breed. Whenever such native or

half-breed grazes his livestock through cooperative agreement on

allotment held by other lessee or permittee, any grazing fees

charged for said allotment shall be reduced in proportion to the

relative number of such native owned livestock to the total number

on said allotment.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 13, 44 Stat. 1454.)

-COD-

CODIFICATION

Section was formerly classified to section 471l of Title 48,

Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 316m of this title.

-End-

-CITE-

43 USC Sec. 316m 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316m. Hearing and appeals

-STATUTE-

(a) Any lessee of or applicant for grazing privileges, including

any person described in subsection (c) of section 316l of this

title, may procure a review of any action or decision of any

officer or employee of the Interior Department in respect of such

privileges, by filing with such officer as the Secretary of the

Interior may designate of the local land office an application for

a hearing, stating the nature of the action or decision complained

of and the grounds of complaint. Upon the filing of any such

application such officer of such land office shall proceed to

review such action or decision as nearly as may be in accordance

with the rules of practice then applicable to applications to

contest entries under the public land law. Subject to such rules of

practice, appeals may be taken by any party in interest from the

decision of such officer to the Secretary.

(b) The Secretary shall take no action which will adversely

affect rights under any lease pursuant to this subchapter until

notifying the holder of such lease that such action is proposed and

giving such holder an opportunity for a hearing.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 14, 44 Stat. 1454; 1946 Reorg. Plan

No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100;

Pub. L. 90-403, Sec. 3, July 18, 1968, 82 Stat. 358.)

-REFTEXT-

REFERENCES IN TEXT

The public land law, referred to in subsec. (a), is classified

generally to this title.

-COD-

CODIFICATION

Section was formerly classified to section 471m of Title 48,

Territories and Insular Possessions.

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-403 designated existing provisions as subsec.

(a) and added subsec. (b).

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary" substituted for "Commissioner of the General Land

Office" and "such officer as the Secretary of the Interior may

designate" and "such officer" substituted for "register" on

authority of section 403 of Reorg. Plan No. 3 of 1946, which

abolished General Land Office and Commissioner thereof and

transferred functions of General Land Office to a new agency in

Department of the Interior to be known as Bureau of Land

Management, and functions of Commissioner of General Land Office to

Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of

1946, set out as a note under section 1 of this title.

-End-

-CITE-

43 USC Sec. 316n 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316n. Administration

-STATUTE-

(a) The Secretary shall promulgate all rules and regulations

necessary to the administration of this subchapter,(!1) shall

execute its provisions, and may (1) in accordance with the civil

service laws appoint such employees and in accordance with chapter

51 and subchapter III of chapter 53 of title 5 fix their

compensation, and (2) make such expenditures (including

expenditures for personal service and rent at the seat of

government and elsewhere, for law books, books of reference,

periodicals, and for printing and binding) as may be necessary

efficiently to execute the provisions of this subchapter.(!1)

(b) The Secretary of Agriculture is authorized to continue

investigations, experiments and demonstrations for the welfare,

improvement, and increase of the reindeer industry in Alaska, and

upon the request of the Secretary of the Interior to cooperate in

matters pertaining to the care of plant and animal life, including

reindeer.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 15, 44 Stat. 1455; Oct. 28, 1949, ch.

782, title XI, Sec. 1106(a), 63 Stat. 972.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (a), was in the original

"this title" and has been translated as if the reference was to

"this Act" to reflect the probable intent of Congress inasmuch as

the act of Mar. 4, 1927, was not divided into titles.

The civil service laws, referred to in subsec. (a), are set out

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-COD-

CODIFICATION

In subsec. (a), "chapter 51 and subchapter III of chapter 53 of

title 5" substituted for "the Classification act of 1949, as

amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

Section was formerly classified to section 471n of Title 48,

Territories and Insular Possessions.

-MISC1-

AMENDMENTS

1949 - Subsec. (a). Act Oct. 28, 1949, substituted

"Classification Act of 1949" for "Classification Act of 1923".

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sec.

8, Sept. 6, 1966, 80 Stat. 632, 655.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out under section 1451 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 316o 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 8A - GRAZING LANDS

SUBCHAPTER II - ALASKA

-HEAD-

Sec. 316o. Laws applicable

-STATUTE-

Laws now applicable to lands or resources in the Territory of

Alaska shall continue in force and effect to the same extent and in

the same manner after March 4, 1927, as before, and nothing in this

subchapter shall preclude or prevent ingress or egress upon the

lands in districts for any purpose authorized by any such law,

including prospecting for and extraction of minerals.

-SOURCE-

(Mar. 4, 1927, ch. 513, Sec. 16, 44 Stat. 1455.)

-COD-

CODIFICATION

Section was formerly classified to section 471o of Title 48,

Territories and Insular Possessions.

-MISC1-

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959,

on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat.

c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7,

1958, 72 Stat. 339, set out as notes preceding section 21 of Title

48, Territories and Insular Possessions.

-End-