The Taylor Grazing Act of 1934 (U.S.C. 315)

lii_usc_TI_43_CH_8A_SC_I_SE_315.pdf

Authorizing Grazing Use (43 CFR 4110 and 4130)

The Taylor Grazing Act of 1934 (U.S.C. 315)

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43 USC 315
NB: This unofficial compilation of the U.S. Code is current as of Jan. 2, 2006 (see http://www.law.cornell.edu/uscode/uscprint.html).

TITLE 43 - PUBLIC LANDS
CHAPTER 8A - GRAZING LANDS
SUBCHAPTER I - GENERALLY
§ 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withdrawn or reserved for any other purpose shall be included in any such district except with the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.
Footnotes
1 See References in Text note below.

(June 28, 1934, ch. 865, § 1, 48 Stat. 1269; June 26, 1936, ch. 842, title I, § 1, 49 Stat. 1976; May 28,
1954, ch. 243, § 2, 68 Stat. 151.)

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43 USC 315
NB: This unofficial compilation of the U.S. Code is current as of Jan. 2, 2006 (see http://www.law.cornell.edu/uscode/uscprint.html).

References in Text
The Stock Raising Homestead Act, referred to in text, is act Dec. 29, 1916, ch. 9, 39 Stat. 862, as amended, which was
classified generally to subchapter X (§ 291 et seq.) of chapter 7 of this title and was repealed by Pub. L. 94–579, title
VII, §§ 702, 704 (a), Oct. 21, 1976, 90 Stat. 2787, 2792, except for sections 9 and 11 which are classified to sections
299 and 301, respectively, of this title. For complete classification of this Act to the Code, see Short Title note set out
under section 291 of this title and Tables.
Section 471 of title 16, referred to in text, was repealed by Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat.
2792.

Amendments
1954—Act May 28, 1954, struck out of first sentence provision limiting to one hundred and forty-two million acres
the area which might be included in grazing districts.
1936—Act June 26, 1936, increased acreage which could be included in grazing districts from 80 million to 142
million acres.

Short Title
Act June 28, 1934, which enacted this subchapter, is popularly known as the “Taylor Grazing Act”.

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