50 U.S.C. § 3992: Rights in public lands

Summary

Protects servicemembers’ rights to federal land they started or got under U.S. law (including mining and mineral leasing laws) before entering military service. Those rights are not lost or harmed just because the person was away or could not start or finish work while serving. People with permits or licenses under the Act of June 28, 1934 (43 U.S.C. 315 et seq.) can suspend them during military service and for 180 days after leaving service. The Secretary of the Interior must make rules to allow those suspensions and to forgive, lower, or refund grazing fees while the permit is suspended.

Title 50, §3992

War and National Defense, Source: USLM XML via OLRC

(a)Rights not forfeited

The rights of a servicemember to lands owned or controlled by the United States, and initiated or acquired by the servicemember under the laws of the United States (including the mining and mineral leasing laws) before military service, shall not be forfeited or prejudiced as a result of being absent from the land, or by failing to begin or complete any work or improvements to the land, during the period of military service.

(b)Temporary suspension of permits or licenses

If a permittee or licensee under the Act of June 28, 1934 (43 U.S.C. 315 et seq.), enters military service, the permittee or licensee may suspend the permit or license for the period of military service and for 180 days after termination of or release from military service.

(c)Regulations

Regulations prescribed by the Secretary of the Interior shall provide for such suspension of permits and licenses and for the remission, reduction, or refund of grazing fees during the period of such suspension.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of

June 28, 1934, referred to in subsec. (b), is act

June 28, 1934, ch. 865, 48 Stat. 1269, popularly known as the Taylor Grazing Act, which is classified principally to subchapter I (§ 315 et seq.) of chapter 8A of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 315 of Title 43 and Tables. Codification Section was formerly classified to section 562 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 502 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1187, related to homestead entries and settlement claims, prior to the general amendment of this Act by Pub. L. 108–189.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.

§3992 Rights in Public Lands