43 U.S.C. § 315 : US Code - Section 315: Grazing districts; establishment; restrictions; prior rights; rights-of-way; hearing and notice; hunting or fishing rights

Search 43 U.S.C. § 315 : US Code - Section 315: Grazing districts; establishment; restrictions; prior rights; rights-of-way; hearing and notice; hunting or fishing rights

In order to promote the highest use of the public lands pending
its final disposal, the Secretary of the Interior is authorized, in
his discretion, by order to establish grazing districts or
additions thereto and/or to modify the boundaries thereof, of
vacant, unappropriated, and unreserved lands from any part of the
public domain of the United States (exclusive of Alaska), which are
not in national forests, national parks and monuments, Indian
reservations, revested Oregon and California Railroad grant lands,
or revested Coos Bay Wagon Road grant lands, and which in his
opinion are chiefly valuable for grazing and raising forage crops:
Provided, That no lands withdrawn or reserved for any other purpose
shall be included in any such district except with the approval of
the head of the department having jurisdiction thereof. Nothing in
this subchapter shall be construed in any way to diminish,
restrict, or impair any right which has been heretofore or may be
hereafter initiated under existing law validly affecting the public
lands, and which is maintained pursuant to such law except as
otherwise expressly provided in this subchapter nor to affect any
land heretofore or hereafter surveyed which, except for the
provisions of this subchapter, would be a part of any grant to any
State, nor as limiting or restricting the power or authority of any
State as to matters within its jurisdiction. Whenever any grazing
district is established pursuant to this subchapter, the Secretary
shall grant to owners of land adjacent to such district, upon
application of any such owner, such rights-of-way over the lands
included in such district for stock-driving purposes as may be
necessary for the convenient access by any such owner to marketing
facilities or to lands not within such district owned by such
person or upon which such person has stock-grazing rights. Neither
this subchapter nor the Act of December 29, 1916 (39 Stat. 862;
U.S.C., title 43, secs. 291 and following), commonly known as the
"Stock Raising Homestead Act", shall be construed as limiting the
authority or policy of Congress or the President to include in
national forests public lands of the character described in section
471 (!1) of title 16, for the purposes set forth in section 475 of
title 16, or such other purposes as Congress may specify. Before
grazing districts are created in any State as herein provided, a
hearing shall be held in the State, after public notice thereof
shall have been given, at such location convenient for the
attendance of State officials, and the settlers, residents, and
livestock owners of the vicinity, as may be determined by the
Secretary of the Interior. No such district shall be established
until the expiration of ninety days after such notice shall have
been given, nor until twenty days after such hearing shall be held:
Provided, however, That the publication of such notice shall have
the effect of withdrawing all public lands within the exterior
boundary of such proposed grazing districts from all forms of entry
of settlement. Nothing in this subchapter shall be construed as in
any way altering or restricting the right to hunt or fish within a
grazing district in accordance with the laws of the United States
or of any State, or as vesting in any permittee any right
whatsoever to interfere with hunting or fishing within a grazing
district.