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43 U.S.C. § 315c — Fences, wells, reservoirs, and other improvements; construction; permits; partition fences

submitted 92 years ago by ch. 865 to r/title-43-PUBLIC-LANDS · 148 words · no verdicts yet

in plain englishAI-generated · not legal advice

Ranchers can build fences, wells, and reservoirs on grazing district land with a Secretary-approved permit. They must follow state law on shared fence costs. A new permit holder must pay a fair price for improvements a previous rancher already built.

Fences, wells, reservoirs, and other improvements needed to care for and manage permitted livestock can be built on public lands inside grazing districts, but only under a permit the Secretary authorizes, or under a cooperative arrangement the Secretary approves. Permit holders must follow the state's laws on paying for and maintaining shared partition fences. If a prior occupant already built and owns improvements on the land, a new applicant cannot get a permit to use those improvements until they pay the prior occupant a fair value for them. The Secretary of the Interior's rules determine that value. Whatever the Secretary decides in these cases is final and cannot be challenged further.
the actual law source: uscode.house.gov ↗public domain

Fences, wells, reservoirs, and other improvements necessary to the care and management of the permitted livestock may be constructed on the public lands within such grazing districts under permit issued by the authority of the Secretary, or under such cooperative arrangement as the Secretary may approve. Permittees shall be required by the Secretary of the Interior to comply with the provisions of law of the State within which the grazing district is located with respect to the cost and maintenance of partition fences. No permit shall be issued which shall entitle the permittee to the use of such improvements constructed and owned by a prior occupant until the applicant has paid to such prior occupant the reasonable value of such improvements to be determined under rules and regulations of the Secretary of the Interior. The decision of the Secretary in such cases is to be final and conclusive.

Source credit: (June 28, 1934, ch. 865, § 4, 48 Stat. 1271.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 28, 1934, ch. 865 · 48 Stat. 1271

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

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