Fences, wells, reservoirs, and other improvements necessary to the care and management of the permitted livestock may be constructed on the public lands within such grazing districts under permit issued by the authority of the Secretary, or under such cooperative arrangement as the Secretary may approve. Permittees shall be required by the Secretary of the Interior to comply with the provisions of law of the State within which the grazing district is located with respect to the cost and maintenance of partition fences. No permit shall be issued which shall entitle the permittee to the use of such improvements constructed and owned by a prior occupant until the applicant has paid to such prior occupant the reasonable value of such improvements to be determined under rules and regulations of the Secretary of the Interior. The decision of the Secretary in such cases is to be final and conclusive.
Notes of Decisions
Pub. Lands Council v. Babbitt, 154 F.3d 1160 (10th Cir. 1998).
· cites it 3× “43 U.S.C. § 315c (emphasis added). Under the plain language of section 315c, the Secretary has discretionary authority to decide whether to allow necessary range improvements (e.”
Pub. Lands Council v. Babbitt, 167 F.3d 1287 (10th Cir. 1999).
· cites it 3× “43 U.S.C. § 315c (emphasis added). Under the plain language of section 315c, the Secretary has discretionary authority to decide whether to allow necessary range improvements (e.”
Fallini v. Hodel, 725 F. Supp. 1113 (D. Nev. 1989).
“43 U.S. C.A. § 315c (1980). Section 315c authorizes the Secretary to grant permits for the construction of wells or other improvements on the public lands within grazing districts if these are “necessary to the care and management of the permitted livestock.”
Fallini v. Hodel, 963 F.2d 275 (9th Cir. 1992).
· cites it 2× “In September of 1967 the BLM, pursuant to section 4 of the Taylor Grazing Act, 43 U.S.C. § 315c, issued the Fallinis a range improvement permit, designated Deep Well, authorizing them to maintain and use a stock-watering facility on public lands inside the Allotment.”
United States v. Shenise, 43 F. Supp. 2d 1190 (D. Colo. 1999).
“43 U.S.C. § 315c. (Emphasis added). Under the plain language of § 315c, however, the Secretary is not directed to follow state fencing laws.”
Fallini v. United States, 31 Fed. Cl. 53 (Fed. Cl. 1994).
“See 43 U.S.C. § 315c (1988). From this, plaintiffs argue that all of the water produced under the range improvement permits necessarily must be devoted exclusively to requirements of the permitted herd, and not to achieye other range management objectives.”
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