43 U.S.C. § 315q — Withdrawal of lands for war or national

Page 60 TITLE 43—PUBLIC LANDS § 315o–1 § 315o–1. Board of grazing district advisers; com- position; meetings; duties (a) In order that the Secretary of the Interior may have the benefit of the fullest information and advice concerning physical, economic, and other local conditions in the several grazing dis- tricts, there shall be an advisory board of local stockmen in each such district, the members of which shall be known as grazing district advis- ers. Each such board shall consist of not less than five nor more than twelve members, exclu- sive of wildlife representatives, one such rep- resentative to be appointed by the Secretary, in his discretion, to membership on each such board. Except for such wildlife representatives, the names of the members of each district advi- sory board shall be recommended to the Sec- retary by the users of the range in that district through an election conducted under rules and regulations prescribed by the Secretary. No grazing district adviser so recommended, how- ever, shall assume office until he has been ap- pointed by the Secretary and has taken an oath of office. The Secretary may, after due notice, remove any grazing district adviser from office if in his opinion such removal would be for the good of the service. (b) Each district advisory board shall meet at least once annually at a time to be fixed by the Secretary of the Interior, or by such other offi- cer to whom the Secretary may delegate the function of issuing grazing permits, and at such other times as its members may be called by such officer. Each board shall offer advice and make a recommendation on each application for such a grazing permit within its district: Pro- vided, That in no case shall any grazing district adviser participate in any advice or rec- ommendation concerning a permit, or an appli- cation therefor, in which he is directly or indi- rectly interested. Each board shall further offer advice or make recommendations concerning rules and regulations for the administration of this subchapter, the establishment of grazing districts and the modification of the boundaries thereof, the seasons of use and carrying capacity of the range, and any other matters affecting the administration of this subchapter within the district. Except in a case where in the judgment of the Secretary an emergency shall exist, the Secretary shall request the advice of the advi- sory board in advance of the promulgation of any rules and regulations affecting the district. (June 28, 1934, ch. 865, § 18, as added July 14, 1939, ch. 270, 53 Stat. 1002; amended 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY BOARDS Advisory boards in existence on Jan. 5, 1973, to termi- nate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a board es- tablished by the President or an officer of the Federal Government, such board is renewed by appropriate ac- tion prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its du- ration is otherwise provided by law. Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appro- priate action prior to the expiration of such 2-year pe- riod, or in the case of a board established by the Con- gress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organi- zation and Employees. Executive Documents TRANSFER OF FUNCTIONS ‘‘Secretary of the Interior’’ substituted for ‘‘Director of Grazing’’ in subsec. (b) on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished Grazing Serv- ice and transferred functions of Grazing Service to a new agency in Department of the Interior to be known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under sec- tion 1 of this title. § 315o–2. Animals and equipment for field em- ployees The Secretary of the Interior may require field employees of the Bureau of Land Manage- ment to furnish horses and miscellaneous equip- ment necessary for the performance of their offi- cial work and may provide at Government ex- pense forage, care, and housing for such animals and equipment. (Dec. 18, 1942, ch. 769, 56 Stat. 1067; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) 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. Executive Documents TRANSFER OF FUNCTIONS ‘‘Bureau of Land Management’’ substituted for ‘‘Grazing Service’’ on authority of section 403 of Reorg. Plan No. 3 of 1946, which abolished Grazing Service and transferred functions of Grazing Service to a new agen- cy to be known as Bureau of Land Management. See section 403 of Reorg. Plan No. 3 of 1946, set out as a note under section 1 of this title. § 315p. Repealed. Pub. L. 94–579, title VII, § 705(a), Oct. 21, 1976, 90 Stat. 2792 Section, act Aug. 24, 1937, ch. 744, 50 Stat. 748, author- ized issuance of patents for lands acquired under ex- change provisions of former section 315g of this title. 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. § 315q. Withdrawal of lands for war or national defense purposes; payment for cancellation of permits or licenses Whenever use for war or national defense pur- poses of the public domain or other property Page 61 TITLE 43—PUBLIC LANDS § 316b 1 See References in Text note below. owned by or under the control of the United States prevents its use for grazing, persons hold- ing grazing permits or licenses and persons whose grazing permits or licenses have been or will be canceled because of such use shall be paid out of the funds appropriated or allocated for such project such amounts as the head of the department or agency so using the lands shall determine to be fair and reasonable for the losses suffered by such persons as a result of the use of such lands for war or national defense purposes. Such payments shall be deemed pay- ment in full for such losses. Nothing contained in this section shall be construed to create any liability not now existing against the United States. (July 9, 1942, ch. 500, 56 Stat. 654; May 28, 1948, ch. 353, § 1, 62 Stat. 277.) 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. AMENDMENTS 1948—Act May 28, 1948, inserted ‘‘or national defense’’ between ‘‘war’’ and ‘‘purposes’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1948 AMENDMENT Act May 28, 1948, ch. 353, § 2, 62 Stat. 277, provided that: ‘‘This amendment [amending this section] is to take effect as of July 25, 1947.’’ TERMINATION OF WAR AND EMERGENCIES Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, pro- vided that in the interpretation of this section, the date July 25, 1947, shall be deemed to be the date of ter- mination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941. § 315r. Rental payments in advance in case of withdrawal of lands for war or national de- fense purposes In administering the provisions of section 315q of this title, payments of rentals may be made in advance. (Oct. 29, 1949, ch. 787, title III, § 301, 63 Stat. 996.) 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. SUBCHAPTER II—ALASKA § 316. Declaration of policy It is declared to be the policy of Congress in promoting the conservation of the natural re- sources of Alaska to provide for the protection and development of forage plants and for the beneficial utilization thereof for grazing by live- stock under such regulations as may be consid- ered necessary and consistent with the purposes and provisions of this subchapter. In effec- tuating this policy the use of these lands for grazing shall be subordinated (a) to the develop- ment of their mineral resources, (b) to the pro- tection, development, and utilization of their forests, (c) to the protection, development, and utilization of their water resources, (d) to their use for agriculture, and (e) to the protection, de- velopment, and utilization of such other re- sources as may be of greater benefit to the pub- lic. (Mar. 4, 1927, ch. 513, § 1, 44 Stat. 1452.) Editorial Notes CODIFICATION Section was formerly classified to section 471 of Title 48, Territories and Insular Possessions. SHORT TITLE Act Mar. 4, 1927, ch. 513, which is classified to this subchapter, is popularly known as the ‘‘Alaska Live- stock Grazing Act’’. § 316a. Definitions As used in this subchapter— (1) The term ‘‘person’’ means individual, part- nership, corporation, or association. (2) The term ‘‘district’’ means any grazing dis- trict established under the provisions of section 316b of this title. (3) The term ‘‘Secretary’’ means the Secretary of the Interior. (4) The term ‘‘lessee’’ means the holder of any lease. (Mar. 4, 1927, ch. 513, § 2, 44 Stat. 1452.) Editorial Notes CODIFICATION Section was formerly classified to section 471a of Title 48, Territories and Insular Possessions. § 316b. Grazing districts (a) The Secretary may establish grazing dis- tricts upon any public lands outside of the Aleu- tian Islands Reservation, national forests, and other reservations administered by the Sec- retary of Agriculture and outside of national parks and monuments which, in his opinion, are valuable for the grazing of livestock. Such dis- tricts may include such areas of surveyed and unsurveyed lands as he determines may be con- veniently administered as a unit, even if such areas are neither contiguous nor adjacent. (b) The Secretary, after the establishment of a district, is authorized to lease the grazing privi- leges therein in accordance with the provisions of this subchapter.1 (Mar. 4, 1927, ch. 513, § 3, 44 Stat. 1452.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (b), was in the original ‘‘this title’’ and has been translated as if the reference was to ‘‘this Act’’ to reflect the probable in- tent of Congress inasmuch as the act of Mar. 4, 1927, was not divided into titles. CODIFICATION Section was formerly classified to section 471b of Title 48, Territories and Insular Possessions.