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43 U.S.C. § 316g — Grazing fees

submitted 99 years ago by ch. 513 to r/title-43-PUBLIC-LANDS · 174 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary sets a grazing fee for each lease. The fee must reflect the land's value but stay moderate. It can never exceed the grazing privileges' fair value. The Secretary may ease payment if disaster strikes beyond the lessee's control.

This section explains how grazing fees are set and when they can be eased.

(a) Setting the fee. The Secretary decides the fee for each lease. The fee must follow four rules:
(1) It is based on either the size of the leased area or the number and kind of livestock allowed to graze.
(2) It is set as a seasonal or annual charge for the whole lease period, paid once a year or twice a year on dates written into the lease.
(3) It must reflect the grazing privileges' general economic value, and it can never be higher than that value.
(4) It must be moderate.

(b) Relief from payment. The Secretary can ease a lessee's payment if the Secretary decides it serves the public interest, and one of two things has happened: (1) something beyond the lessee's control has depleted or destroyed the range, or (2) a calamity or disease has wiped out or badly hurt the lessee's livestock. In either case, the Secretary may give the lessee more time to pay a fee, may lower the amount owed, or may excuse the lessee from paying it at all.

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

The Secretary shall determine for each lease the grazing fee to be paid. Such fee shall—

(1)

Be fixed on the basis of the area leased or on the basis of the number and kind of stock permitted to be grazed;

(2)

Be fixed, for the period of the lease, as a seasonal or annual fee, payable annually or semi-annually on the date specified in the lease;

(3)

Be fixed with due regard to the general economic value of the grazing privileges, and in no case shall exceed such value; and

(4)

Be moderate.

(b)

If the Secretary determines such action to be for the public interest by reason of (1) depletion or destruction of the range by any cause beyond the control of the lessee, or (2) calamity or disease causing wholesale destruction of or injury to livestock, he may grant an extension of time for making payment of any grazing fee undue any lease, reduce the amount of any such payment, or release or discharge the lessee from making such payment.

Source credit: (Mar. 4, 1927, ch. 513, § 8, 44 Stat. 1453.)

history & why it existsrecord from the source credit
  • 1927Enacted · Act of Mar. 4, 1927, ch. 513 · 44 Stat. 1453

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

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