43 U.S.C. § 316f: Terms and conditions of lease

Summary

Grazing leases run as long as the Secretary thinks is reasonable, but not longer than 55 years. Leases must cover a specific area unless local conditions or grazing administration make it more practical to base the lease on the number of animals. The person holding the lease may end it by giving written notice to the Secretary and, if they followed the lease rules up to then, will not owe more fees. The lease must say how much notice is required (no more than one year). The holder may seek renewal at any time during the final five years, under the rules of this subchapter.

Title 43, §316f

Public Lands, Source: USLM XML via OLRC

(a)Period of lease

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)Size of leasehold

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)Terms for surrender of lease

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)Terms for renewal of lease

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