43 U.S.C. § 315m — Lease of isolated or disconnected tracts

Page 58 TITLE 43—PUBLIC LANDS § 315j 1 See References in Text note below. ‘‘in which the grazing districts or lands producing such moneys are situated’’ for ‘‘in which said grazing dis- trict is situated’’ wherever appearing, and inserted in proviso ‘‘or leased tract’’ after ‘‘grazing district’’ wher- ever appearing. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., exist- ing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 315j. Appropriation of moneys received; appli- cation of public-land laws to Indian ceded lands; application for mineral title to lands When appropriated by Congress, 331⁄3 per cen- tum of all grazing fees received from each graz- ing 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 ex- pended 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 662⁄3 per centum of all grazing fees received from such grazing lands shall be deposited to the credit of the Indians pending final disposition under ap- plicable laws, treaties, or agreements. The appli- cable public land laws as to said Indian ceded lands within a district created under this sub- chapter shall continue in operation, except that each and every application for nonmineral title to said lands in a district created under this sub- chapter 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. (June 28, 1934, ch. 865, § 11, 48 Stat. 1273; Aug. 6, 1947, ch. 507, § 3, 61 Stat. 791.) Editorial Notes AMENDMENTS 1947—Act Aug. 6, 1947, provided that 331⁄3 per centum of grazing fees on certain Indian lands be paid to the States and the remaining 662⁄3 per centum of such fees be credited to the Indians. § 315k. Cooperation with governmental depart- ments; coordination of range administration The Secretary of the Interior is authorized to cooperate with any department of the Govern- ment in carrying out the purposes of this sub- chapter and in the coordination of range admin- istration, particularly where the same stock grazes part time in a grazing district and part time in a national forest or other reservation. (June 28, 1934, ch. 865, § 12, 48 Stat. 1274.) § 315l. Lands under national-forest administra- tion The President of the United States is author- ized to reserve by proclamation and place under national-forest administration in any State where national forests may be created or en- larged by Executive order any unappropriated public lands lying within watersheds forming a part of the national forests which, in his opin- ion, can best be administered in connection with existing national-forest administration units, and to place under the Interior Department ad- ministration any lands within national forests, principally valuable for grazing, which, in his opinion, can best be administered under the pro- visions 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 adminis- tration 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 regu- lations 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 reorganiza- tions in the executive departments) granted by sections 124 to 132 of title 5.1 (June 28, 1934, ch. 865, § 13, 48 Stat. 1274.) Editorial Notes REFERENCES IN TEXT Sections 124 to 132 of title 5, referred to in text, was in the original ‘‘title 4 of the Act entitled ‘An Act mak- ing appropriations for the Treasury and Post Office De- partments for the fiscal year ending June 30, 1934, and for other purposes’, approved March 3, 1933’’, meaning Title IV of Part II (§§ 401–409) of the Legislative Appro- priation 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 Offi- cers and Employees. Sections 124 to 131 of former Title 5 were repealed by Pub. L. 89–554, § 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. § 315m. Lease of isolated or disconnected tracts for grazing; preferences The Secretary of the Interior is further au- thorized, in his discretion, where vacant, unap- propriated, and unreserved lands of the public domain are so situated as not to justify their in- clusion 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: Pro- vided, 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, ex- cept, 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 Page 59 TITLE 43—PUBLIC LANDS § 315o 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 au- thority of the agency which had jurisdiction over the lands immediately prior to the time of their restoration. (June 28, 1934, ch. 865, § 15, 48 Stat. 1275; June 26, 1936, ch. 842, title I, § 5, 49 Stat. 1978; May 28, 1954, ch. 243, § 1, 68 Stat. 151.) Editorial Notes AMENDMENTS 1954—Act May 28, 1954, inserted proviso authorizing Secretary to grant a preference right to users of with- drawn public lands for grazing purposes when lands are restored from withdrawal. 1936—Act June 26, 1936, inserted first proviso. § 315m–1. Lease of State, county, or privately owned lands; period of lease; rental 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 re- sources 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 graz- ing 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 sec- tion shall be construed as authorizing the appro- priation of any moneys except that moneys heretofore or hereafter appropriated for con- struction, 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 sec- tion and sections 315m–2 to 315m–4 of this title. (June 23, 1938, ch. 603, § 1, 52 Stat. 1033.) Editorial Notes CODIFICATION Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter. § 315m–2. Administration of leased lands 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. (June 23, 1938, ch. 603, § 2, 52 Stat. 1033.) Editorial Notes 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, known as the Taylor Graz- ing Act, which is classified principally to this sub- chapter (§ 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. CODIFICATION Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter. § 315m–3. Availability of contributions received Contributions received by the Secretary of the Interior under section 315h of this title, toward the administration, protection, and improve- ment of any district shall be additionally avail- able for the leasing of lands under sections 315m–1 to 315m–4 of this title. (June 23, 1938, ch. 603, § 3, 52 Stat. 1033.) Editorial Notes CODIFICATION Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter. § 315m–4. Disposition of receipts; availability for leasing of land 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 avail- able, 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 pro- vided under sections 315i and 315j of this title. (June 23, 1938, ch. 603, § 4, 52 Stat. 1033.) Editorial Notes CODIFICATION Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter. § 315n. State police power not abridged Nothing in this subchapter shall be construed as restricting the respective States from enforc- ing any and all statutes enacted for police regu- lation, nor shall the police power of the respec- tive 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. (June 28, 1934, ch. 865, § 16, 48 Stat. 1275.) § 315o. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 649 Section, act June 28, 1934, ch. 865, § 17, as added June 26, 1936, ch. 842, § 6, 49 Stat. 1978, authorized the Presi- dent to select a Director of Grazing and the Secretary of the Interior to appoint assistant directors and em- ployees.