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43 U.S.C. § 316fTerms and conditions of lease

submitted 99 years ago by ch. 513 to r/title-43-PUBLIC-LANDS · 186 words · no verdicts yet

in plain englishAI-generated · not legal advice

Grazing leases can last up to fifty-five years. The Secretary sets each lease's length based on relevant factors. Leases usually cover a specific area, though some are based on herd size instead. Lessees can surrender leases or negotiate renewals under set rules.

This section sets four basic rules every grazing lease must follow. (a) Period of lease. The Secretary decides how long a lease lasts. It can run for up to fifty-five years. The Secretary must consider every factor relevant to how the grazing privileges will be used. (b) Size of leasehold. Normally a lease covers a specific, defined area of land. But if local conditions make it more practical, the lease can instead be based on the number of livestock allowed to graze, rather than a fixed area. (c) Terms for surrender of lease. Every lease must let the lessee give it up early. To do this, the lessee sends the Secretary written notice. If the lessee has followed the lease's terms up to that point, giving up the lease also ends the lessee's duty to pay future fees. Each lease must state how much advance notice is needed, but that notice period can never be longer than one year. (d) Terms for renewal of lease. Every lease must let the lessee try to renew it. The lessee can start negotiating a renewal at any point during the last five years of the lease term. Any renewal still has to follow the other rules in this subchapter.
the actual law source: uscode.house.gov ↗public domain
(a) Period of lease

A lease may be made for such term as the Secretary deems reasonable, but not to exceed fifty-five years, taking into consideration all factors that are relevant to the exercise of the grazing privileges conferred.

(b) Size of leasehold

Leases shall be made for grazing on a definite area except where local conditions or the administration of grazing privileges makes more practicable a lease based on the number of stock to be grazed.

(c) Terms for surrender of lease

Each lease shall provide that the lessee may surrender his lease, and, if he has complied with the terms and conditions of the lease to the time of surrender, may avoid further liability for fees thereunder by giving written notice to the Secretary of such surrender. The lease shall specify the length of time of notice, which shall not exceed one year.

(d) Terms for renewal of lease

Each lease shall provide that the lessee may negotiate for renewal of such lease, subject to the provisions of this subchapter, at any time during the final five years of the term of such lease.

Source credit: (Mar. 4, 1927, ch. 513, § 7, 44 Stat. 1453; Pub. L. 90–403, § 2, July 18, 1968, 82 Stat. 358.)

history & why it existsrecord from the source credit
  • 1927Enacted · Act of Mar. 4, 1927, ch. 513 · 44 Stat. 1453
  • 1968Amended · Pub. L. 90-403 · 82 Stat. 358

A history note hasn’t been published yet. The record shows enactment by ch. 513 on 1927-03-04.

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