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

Summary

When the United States uses public land for war or national defense and grazing stops, permit or license holders, including those canceled for that use, must be paid from project funds an amount the agency head using the land finds fair for losses. Those payments are full payment and create no new liability.

Title 43, §315q

Public Lands — Source: USLM XML via OLRC

Whenever use for war or national defense purposes of the public domain or other property owned by or under the control of the United States prevents its use for grazing, persons holding grazing permits or licenses and persons whose grazing permits or licenses have been or will be canceled because of such use shall be paid out of the funds appropriated or allocated for such project such amounts as the head of the department or agency so using the lands shall determine to be fair and reasonable for the losses suffered by such persons as a result of the use of such lands for war or national defense purposes. Such payments shall be deemed payment in full for such losses. Nothing contained in this section shall be construed to create any liability not now existing against the United States.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter.

Amendments

1948—Act May 28, 1948, inserted “or national defense” between “war” and “purposes” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

of 1948 AmendmentAct

May 28, 1948, ch. 353, § 2, 62 Stat. 277, provided that: “This amendment [amending this section] is to take effect as of

July 25, 1947.” Termination of War and EmergenciesJoint Res.

July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of this section, the date

July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on

September 8, 1939, and

May 27, 1941.

§315q Withdrawal of Lands for War or National Defense Purposes; Payment for Cancellation of Permits or Licenses