Chapter 513. To provide for the protection, development, and utilization of the public lands in Alaska by establishing an adequate system for grazing livestock thereon
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CHAP. 513.— An Act To provide for the protection, development, and utilization of the public lands in Alaska by establishing an adequate system for grazing livestock thereon.March 4, 1927.[[S. 3963](/us/bill/69/s/3963).][[Public, No. 807](/us/pl/69/807).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, declaration of policyAlaska.Section 1. It is hereby declared to be the policy of Congress inPolicy declared for promoting natural re-sources of, for livestock grazing. promoting the conservation of the natural resources of Alaska to provide for the protection and development of forage plants and for the beneficial utilization thereof for grazing by livestock under such regulations as may be considered necessary and consistent with the purposes and provisions of this Act.
In effectuating this policy theUse subordinated to development of specified other resources. use of these lands for grazing shall be subordinated
(a)to the development of their mineral resources,
(b)to the protection, development, and utilization of their forests,
(c)to the protection, development, and utilization of their water resources,
(d)to their use for agriculture, and
(e)to the protection, development, and utilization of such other resources as may be of greater benefit to the public. definitions Sec. 2.As used in this Act—Meaning of term—
(1)The term “ person ” means individual, partnership, corporation,“Person.” or association.
(2)The term “ district ” means any grazing district established“District.” under the provisions of this Act.
(3)The term “ Secretary ” means the Secretary of the Interior.“Secretary.”
(4)The term “ lessee ” means the holder of any lease.“Lessee,” grazing districtsGrazing districts. Sec. 3.
(a)The Secretary may establish grazing districts uponTo be established on public lands outside Aleutian Islands and other reservations. any public lands outside of the Aleutian Islands Reservation, national forests, and other reservations administered by the Secretary of Agriculture and outside of national parks and monuments which, in his opinion, are valuable for the grazing of livestock. Such districts may include such areas of surveyed and unsurveyed lauds as he determines may be conveniently administered as a unit, even if such areas are neither contiguous nor adjacent.
(b)The Secretary, after the establishment of a district, isGrazing privileges to be leased. authorized to lease the grazing privileges therein in accordance with the provisions of this title. alteration of grazing districtsAltering grazing districts. Sec. 4. After any district is established the area embraced thereinManner authorized. may be altered in any of the following ways:
(1)The Secretary may add to such districts any public landsAdditions to. which, in his opinion, should be made a part of the district.
(2)The Secretary, subject to existing rights of any lessee, may Excluding lands from. exclude from such district any lands which he determines are no longer valuable for grazing purposes or are more valuable for other purposes.
(3)The Secretary may enter into cooperative agreement with anyCooperative administration with contiguous owners, allowed. person, in respect of the administration, as a part of a district, of lands owned by such person which are contiguous or adjacent to such district or any part thereof. 1453 notice of establishments of grazing districtNotice of establishing districts. Sec. 5. Before establishing a district the Secretary shall publishNewspaper publication to be made. once a week for a period of six consecutive weeks in a newspaper of general circulation in each judicial division in which the proposed district, is to be established, a notice describing the boundaries of the proposed district and announcing the date on which he proposes to establish the district. preferencesPreferences. Sec. 6. In considering applications to lease grazing privilegesApplications of natives, range occupants, and settlers, given. the Secretary shall, as far as is consistent with the efficient administration of the grazing district, prefer
(1)natives,
(2)other occupants of the range, and
(3)settlers over all other applicants. terms and conditions of leasesLeases. Sec. 7.
(a)All leases shall be made by the Secretary for a termTerm. of 20 years except where the Secretary determines the land may be required for other than grazing purposes within the period of 10 years: or where the applicant desires a shorter term, and in such cases leases may be made for a shorter term.
(b)Leases shall be made for grazing on a definite area exceptArea. where local conditions or the administration of grazing privileges makes more practicable a lease based on the number of stock to be grazed.
(c)Each lease shall provide that the lessee may surrender hisSurrender by lessee. lease, and, if he has complied with the terms and conditions of the lease to the time of surrender, may avoid further liability for fees thereunder by giving written notice to the Secretary of such surrender. The lease shall specify the length of time of notice, which shall not exceed one year. grazing feesGrating fees. Sec. 8.
(a)The Secretary shall determine for each lease theDetermination by Secretary. grazing fee to be paid. Such fee shall—
(1)Be fixed on the basis of the area leased or on theBased on area or stock permitted. basis of the number and kind of stock permitted to be grazed;
(2)Be fixed, for the period of the lease, as a seasonal or annualPayments, season or annual. fee, payable annually or semiannually on the dates specified in the lease;
(3)Be fixed with due regard to the general economic value ofOn value of privilege. the grazing privileges, and in no case shall exceed such value; and
(4)Be moderate.Moderate.
(b)If the Secretary determines such action to be for the publicExtension of time, etc., due to calamity, etc. interest by reason of
(1)depletion or destruction of the range by any cause beyond the control of the lessee, or
(2)calamity or disease causing wholesale destruction of or injury to livestock, he may grant an extension of time for making payment of any grazing fee under any lease, reduce the amount of any such payment, or release or discharge the lessee from making such payment. dispositions of receiptsDisposition of receipts. Sec. 9. All moneys received during any fiscal year on accountAmount In excess of administration cost, to be paid Alaska for education and roads. of such fees in excess of the actual cost of administration of this Act shall be paid at the end thereof by the Secretary of the Treasury to the Territory of Alaska, to be expended in such manner as the Legislature of the Territory may direct for the benefit of public education and roads. assignment of leasesAssignment of leases. Sec. 10. The lessee may, with the approval of the Secretary,Allowed with approval of Secretary. assign in whole or in part any lease, and to the extent of such 1454 assignment be relieved from any liability in respect of such lease, accruing subsequent to the effective date of such assignment. improvementsImprovements. Sec. 11.
(a)The Secretary may authorize a lessee to constructLessee may construct fences buildings, corrals, etc. and/or maintain and utilize upon any area included within the provisions of his lease any fence, building, corral, reservoir, well, or other improvements needed for the exercise of the grazing privileges of the lessee within such area; but any such fence shallIngress and egress to be permitted. be constructed as to permit the ingress and egress of miners, prospectors for minerals, and other persons entitled to enter such area for lawful purposes.
(b)The lessee shall be given ninety days from the date ofNotice for removal of, on termination of lease. termination of his lease for any cause to remove from the area included within the provisions of his lease any fence, building, corral, or other removable range improvement owned or controlled by him.
(c)If such lessee notifies the Secretary on or before the terminationImprovements remaining to be paid for by succeeding occupant. of his lease of his determination to leave on the land any improvements the construction or maintenance of which has been authorized by the Secretary, no other person shall use or occupy under any grazing lease, or entry under any public land law, the land on which any such improvements are located until there has been paid to the person entitled thereto the value of such improvements as determined by the Secretary. penalties Sec. 12. Within one year from the date of the establishment ofWithin one year after establishing a district, grazing in, without a ease, etc., unlawful. any district the Secretary shall give notice by publication in one or more newspapers of general circulation in each judicial division in which such district or any part thereof is located that after the date specified in such notice it shall be unlawful for any person to graze any class of livestock on lands in such district except under authority of a lease made or permission granted by the Secretary: and any person who willfully grazes livestock on such lands afterPenalty for. such date and without such authority shall, upon conviction, be punished by a fine of not more than $500. stock driveways and free grazing Sec. 13
(a)The Secretary may establish and maintain, andStock driveways in districts authorised. regulate the use of, stock driveways in districts and may charge a fee for or permit the free use of such driveways.
(b)The Secretary may permit any person, including prospectorsGrazing free of small number of livestock. and miners, to graze free of charge a small number of livestock upon any land included within any grazing district.
(c)The Secretary may in his discretion grant a permit or leaseAllotments without charge to Eskimos, etc. for a grazing allotment without charge on unallotted public lands to any Eskimo or other native or half-breed. Whenever such native or half-breed grazes his livestock through cooperative agreement on allotment held by other lessee or permittee, any grazing fees charged for said allotment shall be reduced in proportion to the relative number of such native owned livestock to the total number on said allotment. hearing and appealsHearings and appeals. Sec. 14. Any lessee of or applicant for grazing privileges,Application to local land office of com-plaints. including any person described in subdivision
(c)of section 13, may procure a review of any action or decision of any officer of employee of the Interior Department in respect of such privileges, by filing with the register of the local land office an application for 1455 a hearing, stating the nature of the action or decision complained of and the grounds of complaint. Upon the filing of any suchReview of action. application the register of such land office shall proceed to review such action or decision as nearly as may be in accordance with the rules of practice then applicable to applications to contest entries under the public land law. Subject to such rules of practice, appealsAppeals allowed. may be taken by any party in interest from the decision of the register to the Commissioner of the General Land Office, and from the decision of the Commissioner of the General Land Office to the Secretary. administrationAdministration. Sec. 15
(a)The Secretary shall promulgate all rules andAuthority of Secretary of Interior, regulations necessary to the administration of this title, shall execute its provisions, and may
(1)in accordance with the civil service laws appoint such employees and in accordance with the Classification Act of 1923 fix their compensation, and
(2)make such expenditures (including expenditures for personal service and rent at the seat of government and elsewhere, for law books, books of reference, periodicals, and for printing and binding) as may be necessary efficiently to execute the provisions of this title.
(b)The Secretary of Agriculture is authorized to continueReindeer industry.Investigations of, by Secretary of Agriculture continued. investigations, experiments, and demonstrations for the welfare, improvement, and increase of the reindeer industry in Alaska, and upon the request of the Secretary of the Interior to cooperate in matters pertaining to the care of plant and animal life, including reindeer. laws applicableLaws applicable. Sec. 16. Laws now applicable to lands or resources in the TerritoryLand and resources’ laws continued in force. of Alaska shall continue in force and effect to the same extent and in the same manner after the enactment of this Act as before, and nothing in this Act shall preclude or prevent ingress or egress upon the lands in districts for any purpose authorized by any such law, including prospecting for and extraction of minerals. Approved, March 4, 1927.