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.
Notes of Decisions
Pub. Lands Council v. Babbitt, 529 U.S. 728 (2000).
· cites it 12× “See 43 U. S. C. § 315b; Public Land Law Review Commission, One Third of the Nation's Land 109 (1970).”
Pub. Lands Council v. Babbitt, 154 F.3d 1160 (10th Cir. 1998).
· cites it 15× “” 43 U.S.C. § 315b. Congress passed the aforementioned statutes governing when and how private individuals will be allowed to use those lands and charged the Secretary of the Interior with enforcing its intentions.”
Paul Conti & Conti Corp. (As Owner of F/v Providenza) v. United States, 291 F.3d 1334 (Fed. Cir. 2002).
· cites it 2× “In addressing the question, the Supreme Court focused on the revocability of the grazing permits and the clear congressional expression in 43 U.S.C. § 315b that the issuance of a permit under the Act “shall not create any right, title, interest, or estate in or to the lands.”
United States v. Est. of E. Wayne Hage, 810 F.3d 712 (9th Cir. 2016).
· cites it 4× “” 43 U.S.C. § 315b. In 1950, Congress granted the same authority to the Secretary of Agriculture with respect to national forests.”
United States v. Fuller, 409 U.S. 488 (1973).
· cites it 4× “1270 , as amended, 43 U. S. C. § 315b. The Taylor Grazing Act authorizes the Secretary of the Interior to issue permits to livestock owners for grazing their stock on Federal Government lands.”
Pub. Lands Council v. Babbitt, 167 F.3d 1287 (10th Cir. 1999).
· cites it 15× “” 43 U.S.C. § 315b. Congress passed the aforementioned statutes governing when and how private individuals will be allowed to use those lands and charged the Secretary of the Interior with enforcing its intentions.”
Maynard Alves v. United States, 133 F.3d 1454 (Fed. Cir. 1998).
· cites it 2× “3 Thus, while Alves concedes that the grazing permits are freely revocable by the government without compensation under 43 U.S.C. § 315b (1994), 4 he argues that the underlying grazing preference is a compensable property right.”
Nat. Resources Def. Council, Inc. v. Hodel, 618 F. Supp. 848 (E.D. Cal. 1985).
· cites it 4× “” 43 U.S.C. § 315b. Ranchers and other settlers with existing livestock operations were given preference in the issuance of grazing permits and the duration of permits was limited to a maximum of ten years.”
Stewart v. Kempthorne, 554 F.3d 1245 (10th Cir. 2009).
· cites it 2× “” 43 U.S.C. § 315b. The TGA implementing regulations further define the requirements for issuing grazing permits.”
Kleppe v. New Mexico, 426 U.S. 529 (1976).
“1270 , as amended, 43 U. S. C. § 315b. After the BLM made it clear to Stephenson that it would not remove the burros and after he personally inspected the Taylor Well area, Stephenson complained to the Livestock Board that the burros were interfering with his livestock operation…”
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