43 U.S.C. § 315b — Grazing permits; fees; vested water rights;

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 of chapter 7 of this title and was repealed by Pub.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- Page 56 TITLE 43—PUBLIC LANDS § 315c 1 So in original. Probably should be ‘‘scrip’’. poses which has heretofore vested or accrued under existing law validly affecting the public lands or which may be hereafter initiated or ac- quired 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 ade- quately safeguarded, but the creation of a graz- ing 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. (June 28, 1934, ch. 865, § 3, 48 Stat. 1270; Aug. 6, 1947, ch. 507, § 1, 61 Stat. 790; Pub. L. 94–579, title IV, § 401(b)(3), Oct. 21, 1976, 90 Stat. 2773.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–579 substituted provisions author- izing 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. 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. § 315c. Fences, wells, reservoirs, and other im- provements; construction; permits; partition fences Fences, wells, reservoirs, and other improve- ments 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 Sec- retary, 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 en- title the permittee to the use of such improve- ments constructed and owned by a prior occu- pant until the applicant has paid to such prior occupant the reasonable value of such improve- ments to be determined under rules and regula- tions of the Secretary of the Interior. The deci- sion of the Secretary in such cases is to be final and conclusive. (June 28, 1934, ch. 865, § 4, 48 Stat. 1271.) § 315d. Grazing stock for domestic purposes; use of natural resources 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 herein- after enacted, nothing contained in this sub- chapter 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, min- ing, prospecting, and domestic purposes within areas subject to the provisions of this sub- chapter. (June 28, 1934, ch. 865, § 5, 48 Stat. 1271.) § 315e. Rights of way; development of mineral re- sources Nothing contained in this subchapter shall re- strict 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 sub- chapter shall restrict prospecting, locating, de- veloping, mining, entering, leasing, or patenting the mineral resources of such districts under law applicable thereto. (June 28, 1934, ch. 865, § 6, 48 Stat. 1272.) § 315f. Homestead entry within district or with- drawn lands; classification; preferences The Secretary of the Interior is authorized, in his discretion, to examine and classify any lands withdrawn or reserved by Executive order of No- vember 26, 1934 (numbered 6910), and amend- ments thereto, and Executive order of February 5, 1935 (numbered 6964), or within a grazing dis- trict, 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 sub- chapter 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 ac- cordance with such classification under applica- ble public-land laws, except that homestead en- tries shall not be allowed for tracts exceeding three hundred and twenty acres in area. Such lands shall not be subject to disposition, settle- ment, 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 sub- chapter. 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, selec- tion, 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