1. Where land has been with-

drawn for state manage-
ment as a wildlife area
under the Fish and Wild-
life Coordination Act, the
Bureau of Land Manage-
ment must consider the
recommendations of the
state and of the Bureau
of Sport Fisheries and
Wildlife to assure
servation of the fish and
wildlife before approving
a right-of-way applica-
tion under the Act of
March 3, 1891, for a
pumping site and irriga-
tion system.

con-

2. A Bureau of Land Manage-
ment decision which re-
jected an application un-
der the Act of March 3,
1891, for a pumping sta-
tion and irrigation system
within a small cove of a
reservoir withdrawn for a
fish and wildlife manage-
ment area pursuant to
the Fish and Wildlife
Coordination Act, will be
sustained where it was
made in due regard for
the public interest in
managing the area in
light of that Act------

GRAZING AND GRAZING LANDS
1. Prior to the Taylor Grazing
Act of June 28, 1934,
generally open, unre-
served public lands could
be grazed upon without

197

197

1. An owner of lands contiguous
to federal lands is not a
qualified applicant for the
purposes of a section 15
grazing lease preference
application when the non-
federal lands, which are
the basis of the prefer-
ence, have been leased to
another party who has
complete control over the
livestock operation con-
ducted thereon...

2. An applicant for a section 15

grazing lease has no stat-
utory or regulatory right
to a full evidentiary hear-
ing before an administra-
tive law judge; a hearing
on issues of fact may be
ordered by this Board in
its discretion, but a hear-
ing will not be ordered
where the applicant does
not allege the existence
of facts which, if proved,
would entitle her to the
relief sought....

APPLICATIONS

1. Remedies for alleged breach
of a private agreement
between parties who have
conflicting grazing lease
applications must be
sought in the courts, not
in the Department of the
Interior, which has no
jurisdiction over such
matters...

2. As the regulations pertaining
to section 15 grazing
leases now provide that a
qualified applicant is one

are

1. An applicant who asserts a
preference to receive a
grazing lease under sec-
tion 15 of the Taylor
Act must have grazing
rights in excess of 50
percent on the cornering
or contiguous land, and
where his rights
merely permissive and
are subject to revocation
at any time at the will of
the owner(s), no pref-
erence will be recognized_
2. An owner of lands contiguous
to federal lands is not a
qualified applicant for
the purposes of a section
15 grazing lease prefer-
ence application when
the nonfederal lands,
which are the basis of
the preference, have been
leased to another party
who has complete control
over the livestock opera-
tion conducted thereon__

3. As the regulations pertaining
to section 15 grazing
leases now provide that a
qualified applicant is one
who is in the livestock
business and has a need
for the grazing use of
the federal land, an appli-

1. Under the

698

GENERALLY

Page

698

AND

Administrative

Procedure Act, if a licen-
see has made a timely and
sufficient application for
a renewal of a license in
accordance with agency
rules, a license with ref-
erence to an activity of a
continuing nature does
not expire until the appli-
cation has been finally
determined by the agency.
This includes applications
for grazing licenses and
permits under the Taylor
Grazing Act..

2. In accordance with regulation
43 CFR 4115.2–1 (e) (9) (i),
where the evidence estab-
lishes that no application
for a grazing license was
filed for two consecutive
years, the base property
qualifications for grazing
privileges in an allotment
are properly found to be
lost----

ADVISORY BOARDS

1. A proposed decision of a Dis-

trict Manager which in-
cludes a Notice of Advi-
sory Board Adverse Rec-
ommendatlon becomes the
final decision of the De-
partment of the Interior
on a grazing license appli-

777

777

1. Where a grazing permittee
has been given two con-
secutive years in accord-
ance with 43 CFR
4115.2-1 (e) (9) (i) within
which to increase the
production of his base
property or suffer the loss
of all or part of his base
property qualifications
and, where after two
growing seasons have
passed but not two full
years, he files an applica-
tion to transfer some of
the qualifications from his
base property to other
land acquired by him, his
base property qualifica-
tions are still in good
standing at the time of
filing the transfer applica-
tion because the term
"two consecutive years"
specified in the regulation
means two consecutive
application years and not
two growing seasons. Ac-
cordingly, the District
Manager should have

GRAZING PERMITS AND

LICENSES-Con.

Generally-Con.

BASE PROPERTY (LAND)-Con.

considered the transfer

application on its merits.

2. Where an application to trans-
fer base property quali-
fications to other land
owned by an applicant is
approved, the transfer is
effective as of the date the
transfer application was
filed. A sale at a later
date by the proposed
transferee would
not
affect the transfer, and
the District Manager
properly may consider
the transfer application if
the purchasers of the
property have indicated
an interest in obtaining
any grazing privileges for
which that land is base
property.
Commensurability

1. Where a grazing permittee
has been given two con-
secutive years in accor-
dance with 43 CFR
4115.2-1 (e) (9) (i) within
which to increase the
production of his base
property or suffer the loss
of all or part of his base
property qualifications
and, where after two
growing seasons have
passed but not two full
years, he files an applica-
tion to transfer some of
the qualifications from
his base property to other
land acquired by him, his
base property qualifica-
tions are still in good
standing at the time of
filing the transfer applica-
tion because the term
"two consecutive years"
specified in the regula-

LICENSES-Con.

BASE PROPERTY (LAND)-Con.
Commensurability-Con.

tion means two consecu-
tive application years and
not two growing seasons.
Accordingly, the District
Manager should have
considered the transfer
application on its merits.
Transfers

1. Where a grazing permittee
has been given two con-
secutive years in accor-
dance with 43 CFR
4115.2-1(e) (9) (i) within
which to increase the
production of his base
property or suffer the loss
of all or part of his base
property qualifications
and, where after two
growing seasons have
passed but not two full
years, he files an applica-
tion to transfer some of
the qualifications from
his base property to other
land acquired by him, his
base property qualifica-
tions are still in good
standing at the time of
filing the transfer appli-
cation because the term
"two consecutive years"
specified in the regulation
means two consecutive
application years and not
two growing seasons. Ac-
cordingly, the District
Manager should have
considered the transfer
application on its merits.
2. Where an application to

transfer base property
qualifications to other
land owned by an appli-
cant is approved, the
transfer is effective as of
the date the transfer ap-
plication was filed. A sale

HOMESTEADS (ORDINARY)—Con.

LAND SUBJECT TO-Con.

mining laws, are not sub-
ject to entry under the
homestead laws......

INDIAN ALLOTMENTS ON PUB-
LIC DOMAIN

GENERALLY

1. The Indian Homestead and

General Allotment Acts
manifested a general gov-
ernmental policy prior to
and for some time after
1900 to replace the Indian
reservation and com-
munal tribal system, to
encourage individual In-
dians to own their own
small farm lands, and to
open surplus reservation
lands to disposition under
the public land laws_____
2. From the latter part of the
19th century to the
Taylor Grazing Act of
June 28, 1934, there was
a general policy of the
federal government to
permit acquisition of title
to open, unreserved public
lands by individuals
settling upon the land,
including Indians, but
vested rights were ob-
tained to the lands only
upon compliance with a
specific act of Congress,
and only for the maxi-
mum acreage allowable
under that law----
3. Although the school land
grant to the State of
Utah was subject to
existing inchoate settle-
ment claims, including
any by individual Indians
outside their reservation,
if the claims were not
perfected, the State's title
to the lands vested______

INDIAN ALLOTMENTS ON PUB-
LIC DOMAIN-Continued

GENERALLY-Con.

4. The Indian Homestead Acts
and section 4 of the Gen-
eral Allotment Act are
settlement acts within
the framework of other
settlement laws pertain-
ing to the public lands,
and the practice, rules
and decisions regarding
white settlers on the
public lands have been
applied to them with
certain reasonable modi-
fications taking into ac-
count Indian habits,
character, and disposi-
tion____

5. Where the Secretary of Agri-
culture has made a de-
termination pursuant to
section 31 of the Act of
June 25, 1910, 36 Stat.
863, 25 U.S.C. § 337
(1970), that lands within
a national forest are more
valuable for agricultural
or grazing purposes than
for the timber found
thereon, the Secretary of
the Interior is authorized,
in his discretion, to accept
an application for an
Indian allotment thereon,
and to cause the allot-
ment to be made. Even
where such a determina-
tion by the Secretary of
Agriculture has been
made, the Secretary of
the Interior may reject
the allotment on any
rational basis, including,
without limitation, con-
siderations of public
policy. Such considera-
tions may encompass