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43 U.S.C. § 315mLease of isolated or disconnected tracts for grazing; preferences

submitted 92 years ago by ch. 865 to r/title-43-PUBLIC-LANDS · 208 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary can lease isolated public lands for grazing that don't fit into a regular district. Nearby landowners get first chance to lease small tracts under 760 acres. If land comes out of a federal withdrawal, past users may also get preference for a new lease.

The Secretary of the Interior may also, at his discretion, lease vacant, unclaimed, and unreserved public lands for grazing when they are too scattered or isolated to fit into a regular grazing district. The Secretary sets the lease terms. Preference goes to the owners, homesteaders, lessees, or other lawful occupants of land next to the leased tract, to the extent needed to let them properly use their own land. There is a special rule for small isolated tracts of 760 acres or less: owners, homesteaders, lessees, or occupants of adjoining or cornering land get a preference right to lease the whole tract, for 90 days after it is offered for lease, on the Secretary's terms. There is also a rule for land coming out of a federal withdrawal: when public land is restored after being withdrawn, the Secretary may give an appropriate preference right for a new grazing lease, license, or permit to whoever was already using the land for grazing under whichever agency had authority over it right before it was restored.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior is further authorized, in his discretion, where vacant, unappropriated, and unreserved lands of the public domain are so situated as not to justify their inclusion in any grazing district to be established pursuant to this subchapter, to lease any such lands for grazing purposes, upon such terms and conditions as the Secretary may prescribe: Provided, That preference shall be given to owners, homesteaders, lessees, or other lawful occupants of contiguous lands to the extent necessary to permit proper use of such contiguous lands, except, that when such isolated or disconnected tracts embrace seven hundred and sixty acres or less, the owners, homesteaders, lessees, or other lawful occupants of lands contiguous thereto or cornering thereon shall have a preference right to lease the whole of such tract, during a period of ninety days after such tract is offered for lease, upon the terms and conditions prescribed by the Secretary: Provided further, That when public lands are restored from a withdrawal, the Secretary may grant an appropriate preference right for a grazing lease, license, or permit to users of the land for grazing purposes under authority of the agency which had jurisdiction over the lands immediately prior to the time of their restoration.

Source credit: (June 28, 1934, ch. 865, § 15, 48 Stat. 1275; June 26, 1936, ch. 842, title I, § 5, 49 Stat. 1978; May 28, 1954, ch. 243, § 1, 68 Stat. 151.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of June 28, 1934, ch. 865 · 48 Stat. 1275
  • 1936Amended · Act of June 26, 1936, ch. 842 · 49 Stat. 1978
  • 1954Amended · Act of May 28, 1954, ch. 243 · 68 Stat. 151

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

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