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

Summary

The Secretary can give a grazing lease for a length of time they think is reasonable, but never more than 55 years. The Secretary must consider any facts that matter for using the grazing rights. Leases usually cover a specific piece of land, but if local conditions make more sense, a lease can be based on how many animals will graze. A lessee can give written notice to end the lease and, if they have followed the lease rules up to that point, stop owing future fees after the notice. The lease will say how long the notice must be, and it cannot be longer than one year. The lessee may seek to renew the lease at any time during the last five years of its term, under the rules in this part.

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