Title 43Public LandsRelease 119-73

§315m Lease of isolated or disconnected tracts for grazing; preferences

Title 43 › Chapter CHAPTER 8A— - GRAZING LANDS › Subchapter SUBCHAPTER I— - GENERALLY › § 315m

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Interior may lease isolated public land for grazing when the land is empty, not reserved, and too far away to join a grazing district. If the Secretary leases such land, people who own or lawfully use neighboring land (owners, homesteaders, lessees, or other lawful occupants) must be given first chance to use it so they can properly use their own land. If an isolated tract is 760 acres or less, those neighboring people have a 90-day right to lease the whole tract on the Secretary’s terms after it is offered. If public land is reopened after a prior withdrawal, the Secretary may give a similar priority to people who used the land for grazing under the agency that managed it before the withdrawal.

Full Legal Text

Title 43, §315m

Public Lands — Source: USLM XML via OLRC

The Secretary of the Interior is further authorized, in his discretion, where vacant, unappropriated, and unreserved lands of the public domain are so situated as not to justify their inclusion 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: Provided, 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, except, 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 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 authority of the agency which had jurisdiction over the lands immediately prior to the time of their restoration.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1954—Act
May 28, 1954, inserted proviso authorizing Secretary to grant a preference right to users of withdrawn public lands for grazing purposes when lands are restored from withdrawal. 1936—Act
June 26, 1936, inserted first proviso.

Reference

Citations & Metadata

Citation

43 U.S.C. § 315m

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73