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43 U.S.C. § 315 — Grazing districts; establishment; restrictions; prior rights; rights-of-way; hearing and notice; hunting or fishing rights
Federal law — U.S. Code and appendices · legal_authorities
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lands, and which in his opinion are chiefly valuable for grazing and raising forage crops: Provided, That no lands withdrawn or reserved for any other purpose shall be included in any such district except with the approval of the head of the department having jurisdiction thereof.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
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Source location: Title 43, Chapter 8A, § 315; chapter-8a-grazing-lands.md
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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 11 See References in Text note below. of title 16, for the purposes set forth in [section 475 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section475&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts Mar. 3, 1891, ch. 561, § 24, 26 Stat. 1103; Mar. 4, 1907, ch. 2907, 34 Stat. 1271; June 25, 1910, ch. 421, § 2, 36 Stat. 847; Aug. 24, 1912, ch. 369, 37 Stat. 497; June 7, 1924, ch. 348, § 9 (first and fifth sentences), 43 Stat. 655, provided for establishment of national forests by the President, limited inclusion of lands in certain States, and authorized addition of lands suitable for production of timber.
Act Mar. 4, 1907, cited above, was not repealed by Pub. L. 94–579.
#### Effective Date of Repeal
Section 704(a) of Pub. L. 94–579 provided that this section is repealed 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 note set out under [section 1701 of Title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1701&num=0&edition=prelim), Public Lands.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 471
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Federal law — U.S. Code and appendices · legal_authorities
All public lands designated and reserved prior to June 4, 1897, by the President of the United States under the provisions of section 471 11 See References in Text note below. of this title, the orders for which shall be and remain in full force and effect, unsuspended and unrevoked, and all public lands that may hereafter be set aside and reserved as national forests under said section, shall be as far as practicable controlled and administered in accordance with the following provisions. No national forest shall be established, except to improve and protect the forest within the boundaries, or for the purpose of securing favorable conditions of water flows, and to furnish a continuous supply of timber for the use and necessities of citizens of the United States; but it is not the purpose or intent of these provisions, or of said section, to authorize the inclusion therein of lands more valuable for the mineral therein, or for agricultural purposes, than for forest purposes.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 475
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In a case in which any Federal lands included within the park are legally occupied or utilized on November 12, 1971, for grazing purposes, pursuant to a lease, permit, or license for a fixed term of years issued or authorized by any department, establishment, or agency of the United States, the Secretary of the Interior shall permit the persons holding such grazing privileges or their heirs to continue in the exercise thereof during the term of the lease, permit, or license, and one period of renewal thereafter.
**(b) Lost Spring Canyon Addition**
(1) **Continuation of grazing leases, permits, and licenses** — In the case of any grazing lease, permit, or license with respect to land in the Lost Spring Canyon Addition that was issued before October 30, 1998, the Secretary shall, subject to periodic renewal, continue the grazing lease, permit, or license for a period equal to the lifetime of the holder of the grazing lease, permit, or license as of October 30, 1998, plus the lifetime of any direct descendants of the holder born before October 30, 1998.
(2) **Retirement** — A grazing lease, permit, or license described in paragraph (1) shall be permanently retired at the end of the period described in paragraph (1).
(3) **Periodic renewal** — Until the expiration of the period described in paragraph (1), the holder (or descendant of the holder) of a grazing lease, permit, or license shall be entitled to renew the lease, permit, or license periodically, subject to such limitations, conditions, or regulations as the Secretary may prescribe.
(4) **Sale** — A grazing lease, permit, or license described in paragraph (1) may be sold during the period described in paragraph (1) only on the condition that the purchaser shall, immediately upon acquisition, p
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 272b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1)
(A) Within 1 year after August 4, 1993, the Secretary shall make any revisions in the existing management plan for the conservation area as necessary to assure its conformance with this subchapter, and no later than January 1, 1996, shall finalize a new management plan for the conservation area.
(B) Thereafter, the Secretary shall review the plan at least once every 5 years and shall make such revisions as may be necessary or appropriate.
(C) In reviewing and revising the plan, the Secretary shall provide for appropriate public participation.
(2) Except as otherwise specifically provided in [section 460iii–2(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460iii–2/d&num=0&edition=prelim) and subsections (d), (e), and (f) of this section, the Secretary shall allow only such uses of lands in the conservation area as the Secretary determines will further the purposes for which the conservation area is established.
**(b) Management guidance** After each review pursuant to subsection (a), the Secretary shall make such revisions as may be needed so that the plan and management program to implement the plan include, in addition to any other necessary or appropriate provisions, provisions for—
(1) protection for the raptor populations and habitats and the scientific, cultural, and educational resources and values of the public lands in the conservation area;
(2) identifying levels of continued military use of the Orchard Training Area compatible with paragraph (1) of this subsection;
(3) public use of the conservation area consistent with the purposes of this subchapter;
(4) interpretive and educational opportunities for the public;
(5) a program for continued scientific investigation and stud
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460iii–3
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary, under such rules and regulations as he may prescribe, may dispose of mineral materials (including but not limited to common varieties of the following: sand, stone, gravel, pumice, pumicite, cinders, and clay) and vegetative materials (including but not limited to yucca, manzanita, mesquite, cactus, and timber or other forest products) on public lands of the United States, including, for the purposes of this subchapter, land described in subchapter V of chapter 28 of title 43, if the disposal of such mineral or vegetative materials (1) is not otherwise expressly authorized by law, including, but not limited to, subchapter I of chapter 8A of title 43, and the United States mining laws, and (2) is not expressly prohibited by laws of the United States, and (3) would not be detrimental to the public interest. Such materials may be disposed of only in accordance with the provisions of this subchapter and upon the payment of adequate compensation therefor, to be determined by the Secretary: Provided, however, That, to the extent not otherwise authorized by law, the Secretary is authorized in his discretion to permit any Federal, State, or Territorial agency, unit or subdivision, including municipalities, or any association or corporation not organized for profit, to take and remove, without charge, materials and resources subject to this subchapter, for use other than for commercial or industrial purposes or resale. Where the lands have been withdrawn in aid of a function of a Federal department or agency other than the department headed by the Secretary or of a State, Territory, county, municipality, water district or other local governmental subdivision or agency, the Secretary may make disposals under this subchapter only with the consent of such other Feder
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture** Notwithstanding any other provisions of law, the Secretary, with respect to the public lands and the Secretary of Agriculture, with respect to the acquisition of access over non-Federal lands to units of the National Forest System, are authorized to acquire pursuant to this Act by purchase, exchange, donation, or eminent domain, lands or interests therein: Provided, That with respect to the public lands, the Secretary may exercise the power of eminent domain only if necessary to secure access to public lands, and then only if the lands so acquired are confined to as narrow a corridor as is necessary to serve such purpose. Nothing in this subsection shall be construed as expanding or limiting the authority of the Secretary of Agriculture to acquire land by eminent domain within the boundaries of units of the National Forest System.
**(b) Conformity to departmental policies and land-use plan of acquisitions** Acquisitions pursuant to this section shall be consistent with the mission of the department involved and with applicable departmental land-use plans.
**(c) Status of lands and interests in lands upon acquisition by Secretary of the Interior; transfers to Secretary of Agriculture of lands and interests in lands acquired within National Forest System boundaries** Except as provided in subsection (e), lands and interests in lands acquired by the Secretary pursuant to this section or [section 1716 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1716&num=0&edition=prelim) shall, upon acceptance of title, become public lands, and, for the administration of public land laws not repealed by this Act, shall remain public la
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1715
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Agriculture and the Secretary of the Interior shall jointly cause to be conducted a study to determine the value of grazing on the lands under their jurisdiction in the eleven Western States with a view to establishing a fee to be charged for domestic livestock grazing on such lands which is equitable to the United States and to the holders of grazing permits and leases on such lands. In making such study, the Secretaries shall take into consideration the costs of production normally associated with domestic livestock grazing in the eleven Western States, differences in forage values, and such other factors as may relate to the reasonableness of such fees. The Secretaries shall report the result of such study to the Congress not later than one year from and after October 21, 1976, together with recommendations to implement a reasonable grazing fee schedule based upon such study. If the report required herein has not been submitted to the Congress within one year after October 21, 1976, the grazing fee charge then in effect shall not be altered and shall remain the same until such report has been submitted to the Congress. Neither Secretary shall increase the grazing fee in the 1977 grazing year.
**(b)**
(1) Congress finds that a substantial amount of the Federal range lands is deteriorating in quality, and that installation of additional range improvements could arrest much of the continuing deterioration and could lead to substantial betterment of forage conditions with resulting benefits to wildlife, watershed protection, and livestock production. Congress therefore directs that 50 per centum or $10,000,000 per annum, whichever is greater of all moneys received by the United States as fees for grazing domestic livestock on public lands (othe
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1751
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Terms and conditions** Except as provided in subsection (b) of this section, permits and leases for domestic livestock grazing on public lands issued by the Secretary under the Act of June 28, 1934 (48 Stat. 1269, as amended; [43 U.S.C. 315](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315&num=0&edition=prelim) et seq.) or the Act of August 28, 1937 (50 Stat. 874, as amended; [43 U.S.C. 1181a–118](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1181a–118&num=0&edition=prelim)1j),11 See References in Text note below. or by the Secretary of Agriculture, with respect to lands within National Forests in the sixteen contiguous Western States, shall be for a term of ten years subject to such terms and conditions the Secretary concerned deems appropriate and consistent with the governing law, including, but not limited to, the authority of the Secretary concerned to cancel, suspend, or modify a grazing permit or lease, in whole or in part, pursuant to the terms and conditions thereof, or to cancel or suspend a grazing permit or lease for any violation of a grazing regulation or of any term or condition of such grazing permit or lease.
**(b) Terms of lesser duration** Permits or leases may be issued by the Secretary concerned for a period shorter than ten years where the Secretary concerned determines that—
(1) the land is pending disposal; or
(2) the land will be devoted to a public purpose prior to the end of ten years; or
(3) it will be in the best interest of sound land management to specify a shorter term: Provided, That the absence from an allotment management plan of details the Secretary concerned would like to include but which are undeveloped shall not be the basis for establishing a term shorter tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1752
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Following enactment of this chapter, the Secretary of the Interior and the Secretary of Agriculture shall update, develop (where necessary) and maintain on a continuing basis thereafter, an inventory of range conditions and record of trends of range conditions on the public rangelands, and shall categorize or identify such lands on the basis of the range conditions and trends thereof as they deem appropriate. Such inventories shall be conducted and maintained by the Secretary as a part of the inventory process required by section 201(a) of the Federal Land Policy and Management Act ([43 U.S.C. 1711](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1711&num=0&edition=prelim)), and by the Secretary of Agriculture in accordance with [section 1603 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1603&num=0&edition=prelim); shall be kept current on a regular basis so as to reflect changes in range conditions; and shall be available to the public.
**(b)** The Secretary shall manage the public rangelands in accordance with the Taylor Grazing Act ([43 U.S.C. 315–315(o)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315–315/o&num=0&edition=prelim)), the Federal Land Policy and Management Act of 1976 ([43 U.S.C. 1701–178](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1701–178&num=0&edition=prelim)2), and other applicable law consistent with the public rangelands improvement program pursuant to this chapter. Except where the land use planning process required pursuant to section 202 of the Federal Land Policy and Management Act ([43 U.S.C. 1712](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1712&num=0&edition=prelim))
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1903
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315&num=0&edition=prelim), 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: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 315a
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