[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC315b]
TITLE 43--PUBLIC LANDS
CHAPTER 8A--GRAZING LANDS
SUBCHAPTER I--GENERALLY
Sec. 315b. Grazing permits; fees; vested water rights; permits
not to create right in land
The Secretary of the Interior is authorized to issue or cause to be
issued permits to graze livestock on such grazing districts to such bona
fide settlers, residents, and other stock owners as under his rules and
regulations are entitled to participate in the use of the range, upon
the payment annually of reasonable fees in each case to be fixed or
determined from time to time in accordance with governing law. Grazing
permits shall be issued only to citizens of the United States or to
those who have filed the necessary declarations of intention to become
such, as required by the naturalization laws, and to groups,
associations, or corporations authorized to conduct business under the
laws of the State in which the grazing district is located. Preference
shall be given in the issuance of grazing permits to those within or
near a district who are landowners engaged in the livestock business,
bona fide occupants or settlers, or owners of water or water rights, as
may be necessary to permit the proper use of lands, water or water
rights owned, occupied, or leased by them, except that until July 1,
1935, no preference shall be given in the issuance of such permits to
any such owner, occupant, or settler, whose rights were acquired between
January 1, 1934, and December 31, 1934, both dates, inclusive, except
that no permittee complying with the rules and regulations laid down by
the Secretary of the Interior shall be denied the renewal of such
permit, if such denial will impair the value of the grazing unit of the
permittee, when such unit is pledged as security for any bona fide loan.
Such permits shall be for a period of not more than ten years, subject
to the preference right of the permittees to renewal in the discretion
of the Secretary of the Interior, who shall specify from time to time
numbers of stock and seasons of use. During periods of range depletion
due to severe drought or other natural causes, or in case of a general
epidemic of disease, during the life of the permit, the Secretary of the
Interior is authorized, in his discretion to remit, reduce, refund in
whole or in part, or authorize postponement of payment of grazing fees
for such depletion period so long as the emergency exists: Provided
further, That nothing in this subchapter shall be construed or
administered in any way to diminish or impair any right to the
possession and use of water for mining, agriculture, manufacture, or
other purposes which has heretofore vested or accrued under existing law
validly affecting the public lands or which may be hereafter initiated
or acquired and maintained in accordance with such law. So far as
consistent with the purposes and provisions of this subchapter, grazing
privileges recognized and acknowledged shall be adequately safeguarded,
but the creation of a grazing district or the issuance of a permit
pursuant to the provisions of this subchapter shall not create any
right, title, interest, or estate in or to the lands.
(June 28, 1934, ch. 865, Sec. 3, 48 Stat. 1270; Aug. 6, 1947, ch. 507,
Sec. 1, 61 Stat. 790; Pub. L. 94-579, title IV, Sec. 401(b)(3), Oct. 21,
1976, 90 Stat. 2773.)
Amendments
1976--Pub. L. 94-579 substituted provisions authorizing fees to be
fixed in accordance with governing law, for provisions authorizing fees
to take into account public benefits to users of grazing districts over
and above benefits accr
