The Secretary of the Interior is authorized, in his discretion, to examine and classify any lands withdrawn or reserved by Executive order of November 26, 1934 (numbered 6910), and amendments thereto, and Executive order of February 5, 1935 (numbered 6964), or within a grazing district, which are more valuable or suitable for the production of agricultural crops than for the production of native grasses and forage plants, or more valuable or suitable for any other use than for the use provided for under this subchapter or proper for acquisition in satisfaction of any outstanding lieu, exchange or script 11 So in original. Probably should be “scrip”. rights or land grant, and to open such lands to entry, selection, or location for disposal in accordance with such classification under applicable public-land laws, except that homestead entries shall not be allowed for tracts exceeding three hundred and twenty acres in area. Such lands shall not be subject to disposition, settlement, or occupation until after the same have been classified and opened to entry: Provided, That locations and entries under the mining laws including the Act of February 25, 1920, as amended [30 U.S.C. 181 et seq.], may be made upon such withdrawn and reserved areas without regard to classification and without restrictions or limitation by any provision of this subchapter. Where such lands are located within grazing districts reasonable notice shall be given by the Secretary of the Interior to any grazing permittee of such lands. The applicant, after his entry, selection, or location is allowed, shall be entitled to the possession and use of such lands: Provided, That upon the application of any applicant qualified to make entry, selection, or location, under the public-land laws, filed in the land office of the proper district, the Secretary of the Interior shall cause any tract to be classified, and such application, if allowed by the Secretary of the Interior, shall entitle the applicant to a preference right to enter, select, or locate such lands if opened to entry as herein provided.
Notes of Decisions
Lujan v. Nat'l Wildlife Fed'n, 497 U.S. 871 (1990).
· cites it 4× “1269 , as amended, 43 U. S. C. § 315f, which gave the Secretary of the Interior authority to "classify" public lands as suitable for either disposal or federal retention and management, President Franklin Roosevelt withdrew all unreserved public land from disposal until such…”
Andrus v. Utah, 446 U.S. 500 (1980).
· cites it 10× “1976 , 43 U. S. C. § 315f, and is a valid ground for refusing to accept Utah's selections.”
Amos A. Hopkins (Dukes) v. United States, 414 F.2d 464 (9th Cir. 1969).
· cites it 4× “§ 701 (a) (2), because classification of lands for allotment under the General Allotment Act was action committed to the discretion of the Secretary of Interior by section 7 of the Taylor Grazing Act, 43 U.”
Pub. Lands Council v. Babbitt, 529 U.S. 728 (2000).
“Second, the Secretary, consistent first *736 with 43 U. S. C. § 315f, and later the land use planning mandated by 43 U.”
Andrus v. Idaho, 445 U.S. 715 (1980).
· cites it 2× “1976 , 43 U. S. C. § 315f, for reassimilation of the stock-driveway lands as suitable for use under the Carey Act.”
John L. Faulkner, Laura Jo Faulkner, R. Fred Faulkner, & Susan L. Faulkner v. James G. Watt, Sec'y of the Interior, 661 F.2d 809 (9th Cir. 1981).
· cites it 4× “SNEED, Circuit Judge: This case involves the narrow question of whether the Secretary of the Interi- or’s undisputed obligation to classify, upon petition by a qualified applicant, certain lands under the Taylor Grazing Act, § 7, 43 U.S.C. § 315f as suitable or unsuitable for…”
Nelson v. Kleppe, 457 F. Supp. 5 (D. Idaho 1976).
· cites it 2× “PROVIDED, That upon the application of any applicant qualified to make entry, selection, or location, under the public-land laws, filed in the land office of the proper district, the Secretary of the Interior shall cause any tract to be classified, .”
West Coast Expl. Co. v. McKay Sec'y of Interior, 213 F.2d 582 (D.C. Cir. 1954).
“6910 of November 26, 1934, 4 and is therefore subject to location only if classified by the Secretary of the Interior under Section 7 of the Taylor Grazing Act, as amended, 43 U.S.C.A. § 315f, as being proper for acquisition and satisfaction of outstanding scrip rights.”
Kenneth M. Kale v. The United States of Am., 489 F.2d 449 (9th Cir. 1973).
“Section 7 of the Taylor Grazing Act, 43 U.S.C. § 315f, authorized the Secretary “in his discretion, to examine and classify any lands withdrawn or reserved” by the executive orders.”
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