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43 U.S.C. § 315bGrazing permits; fees; vested water rights; permits not to create right in land

submitted 92 years ago by ch. 865 to r/title-43-PUBLIC-LANDS · 510 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior issues yearly grazing permits to qualifying settlers, residents, and stock owners. Only U.S. citizens or those becoming citizens, and qualified businesses, can get permits. Permits last up to ten years, but they never give the holder ownership of the land.

The Secretary of the Interior may issue grazing permits letting qualifying settlers, residents, and other stock owners use the range, based on the Secretary's own rules about who qualifies. Permit holders must pay a reasonable yearly fee, set under whatever law governs it. Permits go only to U.S. citizens, to people who have filed papers to become citizens under the naturalization laws, and to groups, associations, or corporations that are legally allowed to do business in the state where the district sits. Preference for permits goes to people in or near the district who own livestock businesses, are genuine occupants or settlers, or own water or water rights — as much as needed to let them properly use their own land or water. One exception: until July 1, 1935, no preference went to an owner, occupant, or settler whose rights were acquired sometime in 1934. Another protection: no permit holder who follows the Secretary's rules can be denied a renewal if refusing would hurt the value of a grazing unit that is pledged as security for a real loan. Permits last no more than ten years. Permit holders get a preference right to renew, but renewal is up to the Secretary's discretion, and the Secretary decides how many animals and what seasons each permit allows. If the range is depleted by severe drought, other natural causes, or a general disease outbreak, the Secretary may — for as long as the emergency lasts — forgive, reduce, or refund grazing fees for that period, in whole or in part, or let payment be postponed. Nothing in this subchapter takes away or weakens any water right for mining, farming, manufacturing, or other uses that already existed and is properly kept up under the law that created it, or any such right created later the same way. Grazing privileges that have been recognized should be reasonably protected, consistent with this subchapter's purposes. But creating a grazing district, or issuing a permit, never gives anyone ownership, title, interest, or any estate in the land itself.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior is authorized to issue or cause to be issued permits to graze livestock on such grazing districts to such bona fide settlers, residents, and other stock owners as under his rules and regulations are entitled to participate in the use of the range, upon the payment annually of reasonable fees in each case to be fixed or determined from time to time in accordance with governing law. Grazing permits shall be issued only to citizens of the United States or to those who have filed the necessary declarations of intention to become such, as required by the naturalization laws, and to groups, associations, or corporations authorized to conduct business under the laws of the State in which the grazing district is located. Preference shall be given in the issuance of grazing permits to those within or near a district who are landowners engaged in the livestock business, bona fide occupants or settlers, or owners of water or water rights, as may be necessary to permit the proper use of lands, water or water rights owned, occupied, or leased by them, except that until July 1, 1935, no preference shall be given in the issuance of such permits to any such owner, occupant, or settler, whose rights were acquired between January 1, 1934, and December 31, 1934, both dates, inclusive, except that no permittee complying with the rules and regulations laid down by the Secretary of the Interior shall be denied the renewal of such permit, if such denial will impair the value of the grazing unit of the permittee, when such unit is pledged as security for any bona fide loan. Such permits shall be for a period of not more than ten years, subject to the preference right of the permittees to renewal in the discretion of the Secretary of the Interior, who shall specify from time to time numbers of stock and seasons of use. During periods of range depletion due to severe drought or other natural causes, or in case of a general epidemic of disease, during the life of the permit, the Secretary of the Interior is authorized, in his discretion to remit, reduce, refund in whole or in part, or authorize postponement of payment of grazing fees for such depletion period so long as the emergency exists: Provided further, That nothing in this subchapter shall be construed or administered in any way to diminish or impair any right to the possession and use of water for mining, agriculture, manufacture, or other purposes which has heretofore vested or accrued under existing law validly affecting the public lands or which may be hereafter initiated or acquired and maintained in accordance with such law. So far as consistent with the purposes and provisions of this subchapter, grazing privileges recognized and acknowledged shall be adequately safeguarded, but the creation of a grazing district or the issuance of a permit pursuant to the provisions of this subchapter shall not create any right, title, interest, or estate in or to the lands.

Source credit: (June 28, 1934, ch. 865, § 3, 48 Stat. 1270; Aug. 6, 1947, ch. 507, § 1, 61 Stat. 790; Pub. L. 94–579, title IV, § 401(b)(3), Oct. 21, 1976, 90 Stat. 2773.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 28, 1934, ch. 865 · 48 Stat. 1270
  • 1947Amended · Act of Aug. 6, 1947, ch. 507 · 61 Stat. 790
  • 1976Amended · Pub. L. 94-579 · 90 Stat. 2773

A history note hasn’t been published yet. The record shows enactment by ch. 865 on 1934-06-28.

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