§316f — Title 43 Public Lands | U.S. Code

Summary

The Secretary can issue grazing leases for a time they think is reasonable, but never longer than 55 years. When setting the length they must think about anything that affects how the grazing will be used. Leases should cover a specific piece of land unless local conditions or how grazing is run make it better to base the lease on the number of animals instead. A person who holds a lease may give written notice to the Secretary to surrender it and, if they followed the lease rules up to that point, they will not owe fees after the surrender. The lease must say how much notice is needed, and that notice period cannot be more than one year. The leaseholder may try to renew the lease at any time during the final five years of the lease, following the rules in this part of the law.

Title 43, §316f

Public Lands — Source: USLM XML via OLRC

(a)A lease may be made for such term as the Secretary deems reasonable, but not to exceed fifty-five years, taking into consideration all factors that are relevant to the exercise of the grazing privileges conferred.

(b)Leases shall be made for grazing on a definite area except where local conditions or the administration of grazing privileges makes more practicable a lease based on the number of stock to be grazed.

(c)Each lease shall provide that the lessee may surrender his lease, and, if he has complied with the terms and conditions of the lease to the time of surrender, may avoid further liability for fees thereunder by giving written notice to the Secretary of such surrender. The lease shall specify the length of time of notice, which shall not exceed one year.

(d)Each lease shall provide that the lessee may negotiate for renewal of such lease, subject to the provisions of this subchapter, at any time during the final five years of the term of such lease.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 471f of Title 48, Territories and Insular Possessions.

Amendments

1968—Subsec. (a). Pub. L. 90–403, § 2(a), substituted provisions for reasonable term of leases, limited to fifty-five years, and based on all factors relevant to exercise of grazing privileges for

Prior Provisions

for twenty year leases, except where land may be required for other than grazing purposes within a ten year period, and for shorter term leases as desired by applicant. Subsec. (d). Pub. L. 90–403, § 2(b), added subsec. (d).

§316f Terms and conditions of lease