Page:United States Statutes at Large Volume 48 Part 1.djvu/1297

 73d C ONGRESS. SESS. II. CH. 865 . JUNE 28, 1934. under the laws of the State in which the grazing district is located. Preference shall be given in the issuance of grazing permits to those within or near a district who are landowners engaged in the live- stock business, bona fide occupants or settlers, or owners of water or water rights, as may be necessary to permit the proper use of lands, water or water rights owned, occupied, or leased by them, except that until July 1, 1935, no preference shall be given in the issuance of such permits to any such owner, occupant, or settler, whose rights were acquired between January 1, 1934, and December 31, 1934, both dates inclusive, except that no permittee complying with the rules and regulations laid down by the Secretary of the Interior shall be denied the renewal of such permit, if such denial will impair the value of the grazing unit of the permittee, when such unit is pledged as security for any bona fide loan. Such permits shall be for a period of no t more than t en years, subj ect to the preference right of the permittees to renewal in the discretion of the Secretary of the Interior, who shall specify from time to time numbers of stock and seasons of use. During periods of range depletion due to severe drought or other natural causes, or in case of a general epidemic of disease, during the life of the per- mi t, the Secret ary of the In terior is here by aut horized, in hi s disc re- tion to remit, reduce, refund in whole or in part, or authorize post- ponement of pa yment of graz ing fees for such depletion period so long as the emergency exists : Provided further, That nothing in this Act shall be c onstrued or a dministered i n any way to d iminish or impair any right to the possession and use of water for mining, agriculture, manufacturing, or other purposes which has heretofore vested or accrued under existing law validly affecting the public lands or which may be hereafter initiated or acquired and main- tained in accordance with such law. So far as consistent with the purposes and provisions of this Act, grazing privileges recog- nized and acknowledged shall be adequately safeguarded, but the creation of a grazing district or the issuance of a permit pursuant to the pro visions of thi s Act shall n ot crea te any right, title, inter est, or estate in or to the lands. SEC. 4. Fences, wells, reservoirs, and other improvements necessary to the care and management of the permitted livestock may be con- structed on th e public land s within such grazing distr icts under permit issued by the authority of the Secretary, or under such coop- erative arrangement as the Secretary may approve. Permittees shall be required by the Secretary of the Interior to comply with the pro- visions of law of the State within which the grazing d istrict is located with respect to the cost and maintenance of partition fences. No per mit sh all be issued which shall e ntitle the pe rmittee 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 regu- lations of the Secretary of the Interior. The decision of the Secre- tary in such cases is to be final and conclusive. SEC. 5 . Tha t the Secreta ry of the Inte rior shall pe rmit, under regulations to be prescribed by him, the free grazing within such districts of livestock kept for domestic purposes ; and provided that so far as authorized by existing law or laws hereinafter enacted, nothing herein contained sh all prevent t he use of timb er, stone, gravel, clay, coal, and other deposits by miners, prospectors for min- eral, bona fide settlers and residents, for firewood, fencing, build- ings, mining, prospecting, and domestic purposes within areas subject to the provisions of this Act. Preferences. Rig hts acquired dur- ing 1934. Renewals. Duration. 1271 E merg ency remis- sion, reduction, etc ., of grazing fees. Wat er rights no t im- paired. Grazing privil eges to be protected . Improvements neces- sary for care of livestock permitted. Co mpliance with State laws, as to parti- tion fences. Use of prior construc- t ions, etc. Lim ited free gr azing permitted in districts kept for domestic pur- poses. Use of material de- posits by settlers, min- ers, etc.