43 U.S.C. § 315 — Grazing districts; establishment; restric-

Page 54 TITLE 43—PUBLIC LANDS §§ 311 to 313 1 See References in Text note below. CHAPTER 8—TIMBER AND STONE LANDS §§ 311 to 313. Repealed. Aug. 1, 1955, ch. 448, 69 Stat. 434 Section 311, acts June 3, 1878, ch. 151, § 1, 20 Stat. 89; Aug. 4, 1892, ch. 375, § 2, 27 Stat. 348; May 18, 1898, ch. 344, § 1, 30 Stat. 418, authorized sale of public lands valu- able chiefly for timber or stone. Section 312, acts June 3, 1878, ch. 151, § 2, 20 Stat. 89; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1145, provided for applications for purchase of timber and stone lands. Section 313, act June 3, 1878, ch. 151, § 3, 20 Stat. 90, provided for publication of applications to purchase timber and stone lands, patent and entry. Statutory Notes and Related Subsidiaries EXISTING RIGHTS AND CLAIMS Act Aug. 1, 1955, ch. 448, 69 Stat. 434, provided that the repeal of sections 311 to 313 is subject to valid existing rights and claims. CHAPTER 8A—GRAZING LANDS SUBCHAPTER I—GENERALLY Sec. 315. Grazing districts; establishment; restrictions; prior rights; rights-of-way; hearing and no- tice; hunting or fishing rights. 315a. Protection, administration, regulation, and improvement of districts; rules and regula- tions; study of erosion and flood control; of- fenses. 315b. Grazing permits; fees; vested water rights; permits not to create right in land. 315c. Fences, wells, reservoirs, and other improve- ments; construction; permits; partition fences. 315d. Grazing stock for domestic purposes; use of natural resources. 315e. Rights of way; development of mineral re- sources. 315f. Homestead entry within district or with- drawn 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 Repealed. 315h.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 contribu- tions. 315i. Disposition of moneys received; availability for improvements. 315j. Appropriation of moneys received; applica- tion 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 leas- ing of land. 315n. State police power not abridged. 315o. Repealed. 315o–1. Board of grazing district advisers; composi- tion; meetings; duties. 315o–2. Animals and equipment for field employees. 315p. Repealed. 315q. Withdrawal of lands for war or national de- fense purposes; payment for cancellation of permits or licenses. 315r. Rental payments in advance in case of with- drawal of lands for war or national defense purposes. Sec. 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. 316g. Grazing fees. 316h. Dispositions of receipts. 316i. Assignment of leases. 316j. Improvements to leasehold. 316k. Penalties. 316l. Stock driveways and free grazing. 316m. Hearing and appeals. 316n. Administration. 316o. Laws applicable. SUBCHAPTER I—GENERALLY § 315. Grazing districts; establishment; restric- tions; prior rights; rights-of-way; hearing and notice; hunting or fishing rights In order to promote the highest use of the pub- lic lands pending its final disposal, the Sec- retary of the Interior is authorized, in his dis- cretion, by order to establish grazing districts or additions thereto and/or to modify the bound- aries thereof, of vacant, unappropriated, and un- reserved lands from any part of the public do- main 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 de- partment 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 initi- ated under existing law validly affecting the public lands, and which is maintained pursuant to such law except as otherwise expressly pro- vided 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 dis- trict, 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 con- strued 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 Page 55 TITLE 43—PUBLIC LANDS § 315b in section 475 of title 16, or such other purposes as Congress may specify. Before grazing dis- tricts are created in any State as herein pro- vided, 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 de- termined by the Secretary of the Interior. No such district shall be established until the expi- ration 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 accord- ance 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. (June 28, 1934, ch. 865, § 1, 48 Stat. 1269; June 26, 1936, ch. 842, title I, § 1, 49 Stat. 1976; May 28, 1954, ch. 243, § 2, 68 Stat. 151.) Editorial Notes REFERENCES IN TEXT The Stock Raising Homestead Act, referred to in text, is act Dec. 29, 1916, ch. 9, 39 Stat. 862, which was classified generally to subchapter X (§ 291 et seq.) of chapter 7 of this title and was repealed by Pub. L. 94–579, title VII, §§ 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 com- plete classification of this Act to the Code, see Short Title note set out under section 291 of this title and Ta- bles. Section 471 of title 16, referred to in text, was re- pealed by Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792. AMENDMENTS 1954—Act May 28, 1954, struck out of first sentence provision limiting to one hundred and forty-two mil- lion 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’’. § 315a. Protection, administration, regulation, and improvement of districts; rules and regu- lations; study of erosion and flood control; of- fenses The Secretary of the Interior shall make pro- vision for the protection, administration, regu- lation, and improvement of such grazing dis- tricts 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 ob- jects of such grazing districts, namely, to regu- late their occupancy and use, to preserve the land and its resources from destruction or un- necessary 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 con- trol and to perform such work as may be nec- essary amply to protect and rehabilitate the areas subject to the provisions of this sub- chapter, through such funds as may be made available for that purpose, and any willful viola- tion of the provisions of this subchapter or of such rules and regulations thereunder after ac- tual notice thereof shall be punishable by a fine of not more than $500. (June 28, 1934, ch. 865, § 2, 48 Stat. 1270.) § 315b. Grazing permits; fees; vested water rights; permits not to create right in land The Secretary of the Interior is authorized to issue or cause to be issued permits to graze live- stock 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 per- mits 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 author- ized to conduct business under the laws of the State in which the grazing district is located. Preference shall be given in the issuance of graz- ing 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 nec- essary to permit the proper use of lands, water or water rights owned, occupied, or leased by them, except that until July 1, 1935, no pref- erence shall be given in the issuance of such per- mits to any such owner, occupant, or settler, whose rights were acquired between January 1, 1934, and December 31, 1934, both dates, inclu- sive, except that no permittee complying with the rules and regulations laid down by the Sec- retary of the Interior shall be denied the re- newal 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 pe- riod 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 Sec- retary of the Interior is authorized, in his dis- cretion 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 pur-