43 U.S.C. § 315f — Homestead entry within district or with-

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 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,