§315b — Title 43 Public Lands | U.S. Code

Summary

The Secretary of the Interior can issue grazing permits for public grazing districts to settlers, residents, and other livestock owners who qualify under the Department’s rules. Permit holders must pay reasonable fees each year that are set under the law. Permits go only to U.S. citizens, people who have filed papers saying they intend to become citizens, or to groups and companies allowed to do business in that state. People who live near a district, own nearby land, run livestock, or own water or water rights usually get first priority so they can use their property properly. No one who got their rights between January 1, 1934, and December 31, 1934, can get that preference until July 1, 1935. Permits last up to ten years and may be renewed at the Secretary’s discretion. The Secretary decides how many animals and what seasons are allowed. If drought, disease, or other natural causes harm the range, the Secretary may reduce, delay, or refund fees while the emergency continues. Permits do not give anyone ownership of the land, and valid water rights already held or properly acquired are not reduced by these rules. If a permittee follows the rules and would lose the value of a grazing unit pledged as collateral for a legitimate loan, the permit should not be denied for that reason.

Title 43, §315b

Public Lands — Source: USLM XML via OLRC

The Secretary of the Interior is authorized to issue or cause to be issued permits to graze livestock on such grazing districts to such bona fide settlers, residents, and other stock owners as under his rules and regulations are entitled to participate in the use of the range, upon the payment annually of reasonable fees in each case to be fixed or determined from time to time in accordance with governing law. Grazing permits shall be issued only to citizens of the United States or to those who have filed the necessary declarations of intention to become such, as required by the naturalization laws, and to groups, associations, or corporations authorized to conduct business under the laws of the State in which the grazing district is located. Preference shall be given in the issuance of grazing permits to those within or near a district who are landowners engaged in the livestock business, bona fide occupants or settlers, or owners of water or water rights, as may be necessary to permit the proper use of lands, water or water rights owned, occupied, or leased by them, except that until July 1, 1935, no preference shall be given in the issuance of such permits to any such owner, occupant, or settler, whose rights were acquired between January 1, 1934, and December 31, 1934, both dates, inclusive, except that no permittee complying with the rules and regulations laid down by the Secretary of the Interior shall be denied the renewal of such permit, if such denial will impair the value of the grazing unit of the permittee, when such unit is pledged as security for any bona fide loan. Such permits shall be for a period of not more than ten years, subject to the preference right of the permittees to renewal in the discretion of the Secretary of the Interior, who shall specify from time to time numbers of stock and seasons of use. During periods of range depletion due to severe drought or other natural causes, or in case of a general epidemic of disease, during the life of the permit, the Secretary of the Interior is authorized, in his discretion to remit, reduce, refund in whole or in part, or authorize postponement of payment of grazing fees for such depletion period so long as the emergency exists: Provided further, That nothing in this subchapter shall be construed or administered in any way to diminish or impair any right to the possession and use of water for mining, agriculture, manufacture, or other purposes which has heretofore vested or accrued under existing law validly affecting the public lands or which may be hereafter initiated or acquired 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 adequately safeguarded, but the creation of a grazing 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1976—Pub. L. 94–579 substituted provisions authorizing 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., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§315b Grazing Permits; Fees; Vested Water Rights; Permits Not to Create Right in Land