16 U.S.C. § 406d–2 — Rights-of-way; continuation of leases, permits, and licenses; renewal; grazing privileges

submitted 76 years ago by ch. 950 to r/title-16-CONSERVATION · 455 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law protects access rights and existing leases on land added to Grand Teton National Park. The Secretary must open rights-of-way so people can reach state, private, and nearby lands. People already using park land under a 1950 lease or permit can keep renewing that use.

This section applies to the federal land brought into Grand Teton National Park by this Act. (a) The Secretary of the Interior must designate and open rights-of-way — including stock driveways, for moving livestock — across federal park land. These let people and property move to and from state and private land inside the park's boundary, and to and from national forest, state, and private land next to the park. The Secretary sets regulations controlling where these rights-of-way go and how they're used. (b) Any lease, permit, or license that a federal department, establishment, or agency issued for federal land now inside the park, and that was still in effect on September 14, 1950, stays in effect — as long as its holder keeps following its terms — until it ends the way it says it should. (c) If federal land now in the park was legally being used on September 14, 1950 — for living there, grazing, or another purpose allowed under the Act of August 25, 1916 — under a lease, permit, or license, then that person (and their heirs, successors, or assigns) can have their privileges renewed when the lease, permit, or license runs out. The Secretary of the Interior sets the terms for renewal. Renewal rights last for twenty-five years from September 14, 1950, and after that, for the lifetime of the original person and of any heirs, successors, or assigns who were part of their immediate family as of that date, as the Secretary determines. But grazing privileges tied to privately owned land inside the park cannot be taken away until the United States actually owns that land — except for breaking the applicable rules, after reasonable notice. And none of this applies to leases, permits, or licenses for mining, or for public accommodations and services, or to any purely temporary use of the land. Nothing in this Act creates any permanent vested right, title, interest, or ownership claim to any federal land.

the actual law source: uscode.house.gov ↗public domain

With respect to those lands that are included by this Act within the Grand Teton National Park—

(a)

the Secretary of the Interior shall designate and open rights-of-way, including stock driveways, over and across Federal lands within the exterior boundary of the park for the movement of persons and property to or from State and private lands within the exterior boundary of the park and to or from national forest, State, and private lands adjacent to the park. The location and use of such rights-of-way shall be subject to such regulations as may be prescribed by the Secretary of the Interior;

(b)

all leases, permits, and licenses issued or authorized by any department, establishment, or agency of the United States with respect to the Federal lands within the exterior boundary of the park which are in effect on September 14, 1950, shall continue in effect, subject to compliance with the terms and conditions therein set forth, until terminated in accordance with the provisions thereof;

(c)

where any Federal lands included within the park by this Act were legally occupied or utilized on September 14, 1950, for residence or grazing purposes, or for other purposes not inconsistent with the Act of August 25, 1916 (39 Stat. 535),1 pursuant to a lease, permit, or license issued or authorized by any department, establishment, or agency of the United States, the person so occupying or utilizing such lands, and the heirs, successors, or assigns of such person, shall, upon the termination of such lease, permit, or license, be entitled to have the privileges so possessed or enjoyed by him renewed from time to time, subject to such terms and conditions as the Secretary of the Interior shall prescribe, for a period of twenty-five years from September 14, 1950, and thereafter during the lifetime of such person and the lifetime of his heirs, successors, or assigns but only if they were members of his immediate family on such date, as determined by the Secretary of the Interior: Provided, That grazing privileges appurtenant to privately owned lands located within the Grand Teton National Park established by this Act shall not be withdrawn until title to lands to which such privileges are appurtenant shall have vested in the United States, except for failure to comply with the regulations applicable thereto after reasonable notice of default: Provided further, That nothing in this subsection shall apply to any lease, permit, or license for mining purposes or for public accommodations and services or to any occupancy or utilization of lands for purely temporary purposes. Nothing contained in this Act shall be construed as creating any vested right, title, interest, or estate in or to any Federal lands.

Source credit: (Sept. 14, 1950, ch. 950, § 4, 64 Stat. 850.)

history & why it existsrecord from the source credit

1950Enacted · Act of Sept. 14, 1950, ch. 950 · 64 Stat. 850

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1950-09-14.

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