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    • HOME
    • Ranchers' rights
      • Right Enter Public Land
      • Possessory Right
      • Collection of Laws
      • Grazing Land Survey
    • ESA and the Wolf
      • Mexican Wolf
      • Endangered Species Acts
    • Aldo Leopold Wilderness
      • Aldo Leopold Centennial
      • Leopold Family n Ranching
      • Wildlife Hunting n Range
      • Wilderness
  • HOME
  • Ranchers' rights
    • Right Enter Public Land
    • Possessory Right
    • Collection of Laws
    • Grazing Land Survey
  • ESA and the Wolf
    • Mexican Wolf
    • Endangered Species Acts
  • Aldo Leopold Wilderness
    • Aldo Leopold Centennial
    • Leopold Family n Ranching
    • Wildlife Hunting n Range
    • Wilderness

Subject to Valid Existing Rights

Collection of Laws

Public Lands are to be managed in a manner which recognizes

 the 

Nation's need for domestic sources:

Minerals,

Food,

Timber

Fiber

43 USC 1701 (a) (12)

Subject to Valid Existing Rights

All actions by the Secretary concerned

under 

Federal Lands Policy Management Act

SHALL BE

SUBJECT TO VALID EXISTING RIGHTS

Oct. 21, 1976

(90 Stat 2786)

43 usc 1701 (h))

Subject to Valid Existing Rights; Water

Most National Forests are upon Mineral Lands

The United States reserved lands for the public that are construed to contain minerals.

January 30, 1865 

Federal Government reserved exclusively to the United States all lands that 

are construed 

as to

 embrace mineral lands.

(13 Stat 567)

On Mineral Lands Vested Water Rights Are to be protected.

July 26,1866

On Mineral lands 

THE RIGHT TO USE WATER 

for agricultural purposes have vested and accrued they 

ARE TO BE PROTECTED

in the same.

(14 Stat 253)

All Water users' vested and accrued rights, 

On mineral lands 30 USC 51

On Public Lands 43 USC 661

Land does not include underneath waters; Ground

1891 Right of Way Act

That the right of way through the public lands and reservations of the US is hereby granted to any canal or ditch company 

(Articles of Incorporation)

to the extent of the

 GROUND OCCUPIED BY THE WATER 

and fifty feet to each side

of the canal and its lateral, and of the reservoir.

Repealed 

 (26 stat 1101)

Sect. 18

Within National Forests State Water Laws Apply

1897 Organic Act

Laws of Conservation, 

all waters within national forests may be 

used under the laws of the State wherein, 

16 US Code 481

 (30 stat 36)

1978-Public Land Laws, Valid Existing Rights of water, 43 USC 4120.3-2 (b).

1978-Public Land Laws, Valid Existing Rights of water, 43 USC 4120.3-2 (b).

Mineral Land Laws livestock grazing is to be protected

When a grazing allotment is vacant or 

a grazing permit has been cancelled;

 USFS must follow state laws concerning 

Occupancy, and Waters 

Justice Thomas and Gorush write that an executive-branch policy is not "Law" for purposes of the Supremacy Clause"

Lipschultz v Charter Advanced Services (MN) 2019

Giving preemptive effect to a federal agency policy of non regulations thus expands the power of both Executive and Judicial It authorizes the Executive to make "Law" by declining to act, and it authorizes the courts to conduct "a freewheeling judicial inquiry" into the facts of federal non regulation, rather than the constitutionally proper

"inquiry into whether the ordinary meanings of 

state and federal law conflict."

Wyeth vs Levine Advanced Services, 2009.

 

43 CFR 3811.1 Lands: General.

The Act of June 4, 1897 (30 Stat. 36), provides that “any mineral lands in any forest reservation which have been or which may be shown to be such, and subject to entry under the existing mining laws of the United States and the rules and regulations applying thereto, shall continue to be subject to such location and entry,” notwithstanding the reservation.

 

§ 3815.4 Protection of stock.

All excavations and other mining work and improvements made in prospecting and mining operations shall be fenced or otherwise protected to prevent the same from being a menace to stock on the land.

     

§ 3815.5 Access to stock watering places.

No watering places shall be inclosed, nor proper and lawful access of stock thereto prevented, nor the watering of stock thereat interfered with.

     

§ 3815.6 Locations subject to mining laws.

Prospecting for minerals and the location of mining claims on lands in such withdrawals shall be subject to the provisions and conditions of the mining laws and the regulations thereunder.

link to 43 CFR 3810 lands and minerals
The Purpose; to Define

Subject to Valid Existing Rights

All actions by the Secretary concerned

under 

Federal Lands Policy Management Act

SHALL BE

SUBJECT TO VALID EXISTING RIGHTS

Oct. 21, 1976

(90 Stat 2786)

43 usc 1701 (h))

Not sure this passed

 Savings Provision


(h) All actions by the Secretary concerned under this Act shall be subject to valid existing rights.

Pub. L. 94–579, title VII, § 701, Oct. 21, 1976, 90 Stat. 2786,

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