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

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Right To Enter Public Lands

Before USFS grazing fees or Public Land leases,

Ranches were established on

Lands available for Grazing 

on

Public Lands and Mineral Lands.


Later, on Mineral Lands 

National Forests 

were Created within 

Ranch Lands.

Publid 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)

Grazing lands, Western United States (general location and area) / Compiled by Albert F. Potter, Forest Inspector, Bureau of Forestry, USDA, 1905.

       MAP OF THE GRAZING LANDS.


1905, A map was prepared showing the ranges and the   water supply for their utilization in grazing.


The data compiled are from personal observations made during an experience of seventeen years (1884 to 1901) in the live-stock business and1902 and 1903

link to 1905, grazing lands western united states

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If one could afford on Public Lands, the range sold In 1884, $ .25  an acre.

Later, the lands not bought would would be recognized under Taylor Grazing Act.

Grazing Lands that may contain minerals were not sold.

The United States reserved lands for the public that might 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 251)

On Mineral Lands Ranches were established

March 5, 1875

On Mineral Lands 

GRAZING WAS NOT  PROHIBITED

(18 Stat 481)

What are Mineral Lands?

If minerals were found on lands, under statute

Grazing was not prohibited.

This opened up Indian Reservations to grazing by both Indians, and settlers.

Below is a story

Mineral lands and grazing

    Mineral Land Laws livestock grazing is to be protected

     

    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

    value to homestead was right to use adjacent public land

    "The only value to a homestead in the semi-arid region is the right to use the adjacent public lands for grazing." 

    160 acres with a house controls 1,000 acres grazing land

    Base Property and use of range

    "Under the (Homestead) Act of  June 11, 1906... Settlement is encouraged in National Forests. Ranchers realize the benefits of residence and.. petitions have been received in National Forests ..for further extension of their area"

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