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

Summary

The Secretary can allow a leaseholder to build fences and other grazing improvements, but fences must let miners and other lawful visitors pass. When a lease ends a leaseholder has 90 days to remove removable improvements; if the leaseholder tells the Secretary by lease end they will leave authorized improvements, no one may use the land under a grazing lease or public‑land entry until that person is paid the Secretary‑determined value.

Title 43, §316j

Public Lands — Source: USLM XML via OLRC

(a)The Secretary may authorize a lessee to construct and/or maintain and utilize upon any area included within the provisions of his lease any fence, building, corral, reservoir, well or other improvements needed for the exercise of the grazing privileges of the lessee within such area; but any such fence shall be constructed as to permit the ingress and egress of miners, prospectors for minerals, and other persons entitled to enter such area for lawful purposes.

(b)The lessee shall be given ninety days from the date of termination of his lease for any cause to remove from the area included within the provisions of his lease any fence, building, corral, or other removable range improvement owned or controlled by him.

(c)If such lessee notifies the Secretary on or before the termination of his lease of his determination to leave on the land any improvements the construction or maintenance of which has been authorized by the Secretary, no other person shall use or occupy under any grazing lease, or entry under any public land law, the land on which any such improvements are located until there has been paid to the person entitled thereto the value of such improvements as determined by the Secretary.

Editorial Notes

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

§316j Improvements to leasehold

Summary

Title 43, §316j

Notes & Related Subsidiaries

Editorial Notes

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