43 U.S.C. § 315i — Disposition of moneys received; avail-

Page 57 TITLE 43—PUBLIC LANDS § 315i 1 See References in Text note below. the applicant to a preference right to enter, se- lect, or locate such lands if opened to entry as herein provided. (June 28, 1934, ch. 865, § 7, 48 Stat. 1272; June 26, 1936, ch. 842, title I, § 2, 49 Stat. 1976.) Editorial Notes REFERENCES IN TEXT 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 (§ 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. AMENDMENTS 1936—Act June 26, 1936, amended section generally. §§ 315g, 315g–1. Repealed. Pub. L. 94–579, title VII, § 705(a), Oct. 21, 1976, 90 Stat. 2792 Section 315g, acts June 28, 1934, ch. 865, § 8, 48 Stat. 1272; June 26, 1936, ch. 842, title I, § 3, 49 Stat. 1976; June 19, 1948, ch. 548, § 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 94–579, title VII, § 705(a), Oct. 21, 1976, 90 Stat. 2792, provided that the repeal made by section 705(a) is effective on and after Oct. 21, 1976. SAVINGS PROVISION Repeal by Pub. L. 94–579 not to be construed as termi- nating 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. § 315h. Cooperation with associations, land offi- cials, and agencies engaged in conservation or propagation of wildlife; local hearings on appeals; acceptance and use of contributions 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 inter- ested in the use of the grazing districts. The Secretary of the Interior shall provide by appro- priate rules and regulations for local hearings on appeals from the decisions of the administra- tive officer in charge in a manner similar to the procedure in the land department. The Sec- retary 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 dis- trict, moneys, so received to be covered into the Treasury as a special fund, which is appro- priated and made available until expended, as the Secretary of the Interior may direct, for payment of expenses incident to said adminis- tration, protection, and improvement, and for refunds to depositors of amounts contributed by them in excess of their share of the cost. (June 28, 1934, ch. 865, § 9, 48 Stat. 1273; June 19, 1948, ch. 548, § 2, 62 Stat. 533.) Editorial Notes 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 dis- trict. § 315i. Disposition of moneys received; avail- ability for improvements Except as provided in sections 315h and 315j of this title, all moneys received under the author- ity 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 fol- lows: (a) 121⁄2 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 distribu- tive share to each from the proceeds of said dis- trict shall be proportional to its area in said dis- trict; (b) 50 per centum of all moneys collected under section 315m of this title 1 during any fis- cal 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 coun- ty 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. (June 28, 1934, ch. 865, § 10, 48 Stat. 1273; June 26, 1936, ch. 842, title I, § 4, 49 Stat. 1978; Aug. 6, 1947, ch. 507, § 2, 61 Stat. 790; Pub. L. 94–579, title IV, § 401(b)(2), Oct. 21, 1976, 90 Stat. 2773.) Editorial Notes 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’’. 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 graz- ing fees collected under section 315b of this title from 50 to 121⁄2 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 sub- chapter during any fiscal year’’ for ‘‘from each grazing district during any fiscal year’’, wherever appearing, 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