The Secretary of the Interior is further authorized, in his discretion, where vacant, unappropriated, and unreserved lands of the public domain are so situated as not to justify their inclusion in any grazing district to be established pursuant to this subchapter, to lease any such lands for grazing purposes, upon such terms and conditions as the Secretary may prescribe: Provided, That preference shall be given to owners, homesteaders, lessees, or other lawful occupants of contiguous lands to the extent necessary to permit proper use of such contiguous lands, except, that when such isolated or disconnected tracts embrace seven hundred and sixty acres or less, the owners, homesteaders, lessees, or other lawful occupants of lands contiguous thereto or cornering thereon shall have a preference right to lease the whole of such tract, during a period of ninety days after such tract is offered for lease, upon the terms and conditions prescribed by the Secretary: Provided further, That when public lands are restored from a withdrawal, the Secretary may grant an appropriate preference right for a grazing lease, license, or permit to users of the land for grazing purposes under authority of the agency which had jurisdiction over the lands immediately prior to the time of their restoration.
Notes of Decisions
Maynard Alves v. United States, 133 F.3d 1454 (Fed. Cir. 1998).
“0-5 (1996) (emphasis in original); see also 43 U.S.C. § 315m (1994). 4 . "[G]razing privileges recognized and acknowledged shall be adequately safeguarded, but the .”
Sproul v. Gilbert, 359 P.2d 543 (Or. 1961).
· cites it 2× “Where the land is within a grazing district the Secretary of the Interior is authorized by Section 3 of the Act (43 USCA § 315b) to issue a grazing permit ; where the land is not included in a grazing district the Secretary is authorized by Section 15 (43 USCA § 315m) to lease…”
Garcia v. Andrus, 692 F.2d 89 (9th Cir. 1982).
· cites it 6× “The Taylor Grazing Act, 43 U.S.C. § 315m, authorizes the Secretary of the Interior to issue grazing leases on federal grazing lands to qualified applicants.”
W. Watersheds Proj. v. Interior Bd. of Land Appeals, 624 F.3d 983 (9th Cir. 2010).
“43 U.S.C. § 315m. BLM, an agency within the Department of Interior, implements the Act and, since 1995, has required ranchers grazing cattle on federal land to obtain a grazing permit.”
Colvin Cattle Co. v. United States, 67 Fed. Cl. 568 (Fed. Cl. 2005).
“§ 315b is distinguishable from a grazing lease under 43 U.S.C. § 315m. In plaintiff’s view, the former by its terms confers no "right, title, interest, or estate in and to the lands” of the United States, id.”
Elk Mountain Safari, Inc. v. United States, 645 F. Supp. 151 (D. Wyo. 1986).
“The term “licensees” must be viewed in light of these acts and would, therefore, logically refer to a grant of grazing rights under the Taylor Grazing Act, 43 U.S.C. § 315m. Further, the principle of ejusdem generis is applicable as a rule of construction and provides that…”
United States v. Certain Parcels of Land, 296 F. Supp. 774 (C.D. Cal. 1969).
· cites it 2× “This Memorandum does not deal with Parcel 44 which is fee land. The instant matter concerns four motions made by the Government, plaintiff in this case, the burden of which is to exclude all evidence of any value of grazing leases issued under the Taylor Grazing Act, Title 43 U.”
Schell v. White, 294 P.2d 385 (Ariz. 1956).
“These regulations explicitly state that where grazing leases under Section 15 of the Taylor Grazing Act, 43 U.S.C.A. § 315m, supra, are concerned priority will be given by the State Land Department to holders of such leases.”
United States v. Shenise, 43 F. Supp. 2d 1190 (D. Colo. 1999).
“Shenise further maintains he has a statutory preference to lease the Brush Hollow allotment under 43 U.S.C. § 315m, which grants a preference to the owner or lawful occupant of land contiguous to BLM grazing allotments.”
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