§ 315. — Grazing districts; establishment; restrictions; prior rights; rightsofway; hearing and notice; hunting or fishing rights.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC315]
TITLE 43--PUBLIC LANDS
CHAPTER 8A--GRAZING LANDS
SUBCHAPTER I--GENERALLY
Sec. 315. Grazing districts; establishment; restrictions; prior
rights; rights-of-way; hearing and notice; hunting or fishing
rights
In order to promote the highest use of the public lands pending its
final disposal, the Secretary of the Interior is authorized, in his
discretion, by order to establish grazing districts or additions thereto
and/or to modify the boundaries thereof, of vacant, unappropriated, and
unreserved lands from any part of the public domain of the United States
(exclusive of Alaska), which are not in national forests, national parks
and monuments, Indian reservations, revested Oregon and California
Railroad grant lands, or revested Coos Bay Wagon Road grant lands, and
which in his opinion are chiefly valuable for grazing and raising forage
crops: Provided, That no lands withdrawn or reserved for any other
purpose shall be included in any such district except with the approval
of the head of the department having jurisdiction thereof. Nothing in
this subchapter shall be construed in any way to diminish, restrict, or
impair any right which has been heretofore or may be hereafter initiated
under existing law validly affecting the public lands, and which is
maintained pursuant to such law except as otherwise expressly provided
in this subchapter nor to affect any land heretofore or hereafter
surveyed which, except for the provisions of this subchapter, would be a
part of any grant to any State, nor as limiting or restricting the power
or authority of any State as to matters within its jurisdiction.
Whenever any grazing district is established pursuant to this
subchapter, the Secretary shall grant to owners of land adjacent to such
district, upon application of any such owner, such rights-of-way over
the lands included in such district for stock-driving purposes as may be
necessary for the convenient access by any such owner to marketing
facilities or to lands not within such district owned by such person or
upon which such person has stock-grazing rights. Neither this subchapter
nor the Act of December 29, 1916 (39 Stat. 862; U.S.C., title 43, secs.
291 and following), commonly known as the ``Stock Raising Homestead
Act'', shall be construed as limiting the authority or policy of
Congress or the President to include in national forests public lands of
the character described in section 471 \1\ of title 16, for the purposes
set forth in section 475 of title 16, or such other purposes as Congress
may specify. Before grazing districts are created in any State as herein
provided, a hearing shall be held in the State, after public notice
thereof shall have been given, at such location convenient for the
attendance of State officials, and the settlers, residents, and
livestock owners of the vicinity, as may be determined by the Secretary
of the Interior. No such district shall be established until the
expiration of ninety days after such notice shall have been given, nor
until twenty days after such hearing shall be held: Provided, however,
That the publication of such notice shall have the effect of withdrawing
all public lands within the exterior boundary of such proposed grazing
districts from all forms of entry of settlement. Nothing in this
subchapter shall be construed as in any way altering or restricting the
right to hunt or fish within a grazing district in accordance with the
laws of the United States or of any State, or as vesting in any
permittee any right whatsoever to interfere with hunting or fishing
within a grazing district.
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\1\ See References in Text note below.
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(June 28, 1934, ch. 865, Sec. 1, 48 Stat. 1269; June 26, 1936, ch. 842,
title I, Sec. 1, 49 Stat. 1976; May 28, 1954, ch. 243, Sec. 2, 68 Stat.
151.)
References in Text
The Stock Raising Homestead Act, referred to in text, is act Dec.
29, 1916, ch. 9, 39 Stat. 862, as amended, which was classified
generally to subchapter X (Sec. 291 et seq.) of chapter 7 of this title
and was repealed by Pub. L. 94-579, title VII, Secs. 702, 704(a), Oct.
21, 1976, 90 Stat. 2787, 2792, except for sections 9 and 11 which are
classified to sections 299 and 301, respectively, of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 291 of this title and Tables.
Section 471 of title 16, referred to in text, was repealed by Pub.
L. 94-579, title VII, Sec. 704(a), Oct. 21, 1976, 90 Stat. 2792.
Amendments
1954--Act May 28, 1954, struck out of first sentence provision
limiting to one hundred and forty-two million acres the area which might
be included in grazing districts.
1936--Act June 26, 1936, increased acreage which could be included
in grazing districts from 80 million to 142 million acres.
Short Title
Act June 28, 1934, which enacted this subchapter, is popularly known
as the ``Taylor Grazing Act''.
Section Referred to in Other Sections
This section is referred to in sections 315a, 1715 of this title.
