73d CONGRESS.

SESS. TI.

CHS. 851, 865.

JUNE 27, 28, 1934.

1269

in said Act had not been postponed under this resolution: Provided move
President
may rerestriction as to
further, That the President may, in his sole discretion, remove the payments, etc., in any
restriction as to any of the cases or classes of cases in relation to class, etc.
which payments, conveyances, transfers, or deliveries have been
Periods of arrears by
postponed under this resolution: And provided further, That the Germany
to be deterPresident is authorized to determine, for the purposes of this reso- mined for purposes of
lution, the period or periods in which Germany is in arrears in the Act.
payments hereinbefore described, and his determination thereof shall
not be subject to judicial review.
Section 36 of the Emergency Farm Mortgage Act of 1933, as Ante, pp. 49, 1110.
amended, is amendedI. By striking the comma and the word " and " after the words Reconstruction Fi"to reduce and refinance its outstanding indebtedness incurred in nance Corporatio.
connection with any such project "in the second sentence thereof and Authority to make
loans to irrigation disinserting in place thereof the following: "; or, whether or not it trict.
has any such indebtedness, to purchase or otherwise acquire in connection with such project storage reservoirs or dams or sites therefor,
or additional water rights, or canals, ditches, or rights-of-way for
the conduct of water, or other works or appurtenances necessary
for the delivery of water, provide.d such purchase or acquisition is
not intended to bring additional lands into production. Such
loans
II. By adding at the beginning of (5) thereof the following: "in
the case of a loan to reduce or refinance its outstanding indebtedness,".
III. By adding at the beginning of (C) thereof the following:
"in the case of a loan to reduce or refinance the outstanding
indebtedness of an applicant,".
Approved, June 27, 1934.
[CHAPTER 865.]
AN ACT
To stop injury to the public grazing lands by preventing overgrazing and soil
deterioration, to provide for their orderly use, improvement, and development,
to stabilize the livestock industry dependent upon the public range, and for
other purposes.

June 28, 1934.
[HR. 6462.]
[Public, No. 482.]

Be it enacted by the Senate and House of Representatives of the
soil
United
of America in Congress assenbled, That in order to Overgrazing and
public
promoteStates
the highest use of the public lands pending its final disposal, deterioration,
land,.
the Secretary of the Interior is authorized, in his discretion, by order Grazing distrcts, or
thereto, to be
to establish grazing districts or additions thereto and/or to modify additions
established.
the boundaries thereof, not exceeding in the aggregate an area of iodifying boundaeighty million acres of vacant, unappropriated, and unreserved lands Areas exuced.
from any part of the public domain of the United States (exclusive
of Alaska), which are not in national forests, national parks and
monuments, Indian reservations, revested Oregon and California
Railroad grant lands, or revested Coos Bay Wagon Road grant
lands, and which in his opinion are chiefly Valuable for grazing and
raising forage crops: Provided,That no lands withdrawn or reserved Peiso.
for any other purpose shall be included in any such district except Restriction on use.
with the approval of the head of the department having jurisdiction
thereof. Nothing in this Act shall be construed in any way to Valid claims not im.
diminish, restrict, or impair any right which has been heretofore paired.
or may be hereafter initiated under existing law validly affecting the public lands, and which is maintained pursuant to such
law except as otherwise expressly provided in this Act, nor to
affect any land heretofore or hereafter surveyed which, except
for the provisions of this Act, would be a part of any grant to
any State, nor as limiting or restricting the power or authority

 1270

73d CONGRESS.
for

Rights-of-way
stock driveway granted

when grazing district
established.

Hearing to be held
before districts created,

SESS. II.

CH. 865.

JUNE 28, 1934.

of any State as to matters within its jurisdiction. Whenever any
grazing district is established pursuant to this Act, the Secretary shall grant to owners of land adjacent to such district, upon
application of any such owner, such rights-of-way over the
lands included in such district for stock-driving purposes as may
be necessary for the convenient access by any such owner to marketing facilities or to lands not within such district owned by such
person or upon which such person has stock-grazing rights. Neither
this Act nor the Act of December 29, 1916 (39 Stat. 862; U.S.C., title
43, secs. 291 and following), commonly known as the " Stock Raising
Homestead Act ", shall be construed as limiting the authority or
policy of Congress or the President to include in national forests
public lands of the character described in section 24 of the Act of
March 3, 1891 (26 Stat. 1103; U.S.C., title 16, sec. 471), as amended,
for the purposes set forth in the Act of June 4, 1897 (30 Stat. 35;
U.S.C., title 16, sec. 475), or such other purposes as Congress may
specify. Before grazing districts are created in any State as herein
provided, a hearing shall be held in the State, after public notice
thereof shall have been -ven at such location convenient for the

attendance of State officials, and the settlers, residents, and livestock
owners of the vicinity, as may be determined by the Secretary of the
Interior. No such district shall be established until the expiration
of ninety days after such notice shall have been given, nor until
Noevto. thereof to af- twenty days after such hearing shall be held: Provided, however,
Notice
fect withdrawing of ael
That the publication of such notice shall have the effect of withlands within exterior drawing all public lands within the exterior boundary of such proboundary of grazing
district,
posed grazing districts from all forms of entry of settlement. Nothing in this Act shall be construed as in any way altering or restrictHunting, etc., not ing the right to hunt or fish within a grazing district in accordance
restricted,
with the laws of the United States or of any State, or as vesting in
any permittee any right whatsoever to interfere with hunting or
fishing within a grazing district.
Provision for carry- SEc. 2. The Secretary of the Interior shall make provision for the
ing Act into effect,
protection, administration, regulation, and improvement of such
grazing districts as may be created under the authority of the foregoing section, and he shall make such rules and regulations and
establish such service, enter into such cooperative agreements, and
do any and all things necessary to accomplish the purposes of this
Act and to insure the objects of such grazing districts, namely, to
regulate their occupancy and use, to preserve the land and its
resources from destruction or unnecessary injury, to provide for the
orderly use, improvement, and development of the range; and the
Secretary of the Interior is authorized to continue the study of
erosion and flood control and to perform such work as may be necessary amply to protect and rehabilitate the areas subject to the provisions of this Act, through such funds as may be made available for
that purpose, and any willful violation of the provisions of this Act
or of such rules and regulations thereunder after actual notice thereof
shall be punishable by a fine of not more than $500.
Permits.
SEc. 3. That the Secretary of the Interior is hereby authorized to
Livestock grazing, issue or cause to be issued permits to graze livestock on such grazing
authorized.
districts to such bona fide settlers, residents, and other stock owners
as under his rules and regulations are entitled to participate in the
Fees,
use of the range, upon the payment annually of reasonable fees in
Prov
Restriction
on ius.
issuing each case to be fixed or determined from time to time: Provided,
permits.
That grazing permits shall be issued only to citizens of the United
States or to those who have filed the necessary declarations of intention to become such, as required by the naturalization laws and to
groups, associations, or corporations authorized to conduct business

 73d CONGRESS.

SESS. II.

CH. 865.

JUNE 28, 1934.

1271

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 Preferences.
within or near a district who are landowners engaged in the livestock 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
acqu ired dur.
such permits to any such owner, occupant, or settler, whose rights ingRights
1934.
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 Renewals.
the value of the grazing unit of the permittee, when such unit
is pledged as security for any bona fide loan. Such permits Duration.
shall be for a period of not more than ten years, subject to the
preference right of the permittees to renewal in the discretion
of the Secretary of the Interior, who shall specify from time
remisto time numbers of stock and seasons of use. During periods Emergency
sinrductiol2, etc., of
of range depletion due to severe drought or other natural causes, or grazing fees.
in case of a general epidemic of disease, during the life of the permit, the Secretary of the Interior is hereby authorized, in his discretion to remit, reduce, refund in whole or in part, or authorize postponement of payment of grazing fees for such depletion period so
long as the emergency exists: Provided further, That nothing in this Water right:s not im.
Act shall be construed or administered in any way to diminish or paired.
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 ma.intained in accordance with such law. So far as consistent with beprotect . vileges to
the purposes and provisions of this Act, grazing privileges recognized and acknowledged shall be adequately safeguarded, but the
creation of a grazing district or the issuance of a permit pursuant to
the provisions of this Act shall not create any right, title, interest,
or estate in or to the lands.
necesSEC. 4. Fences, wells, reservoirs, and other improvements necessary Imroveme ats
livestock
to the care and management of the permitted livestock may be con- permitted.
structed on the public lands within such grazing districts under
permit issued by the authority of the Secretary, or under such coopCe with
Compliani
erative arrangement as the Secretary may approve. Permittees shall State
laws, as to partibe required by the Secretary of the Interior to comply with the pro- tion fences.
visions of law of the State within which the grazing district is
located with respect to the cost and maintenance of partition fences.
.se of prior construeNo permit shall be issued which shall entitle the permittee to the use tion,
etc.
occupant
prior
a
by
owned
and
constructed
improvements
of such
until the applicant has paid to such prior occupant the reasonable
value of such improvements to be determined under rules and regulations of the Secretary of the Interior. The decision of the Secretary in such cases is to be final and conclusive.
Limited fre e grazing
SEC. 5. That the Secretary of the Interior shall permit, under permitted
in districts
regulations to be prescribed by him, the free grazing within such kept for dom estic purdistricts of livestock kept for domestic purposes; and provided that poses.
so far as authorized by existing law or laws hereinafter enacted,
use of mat erial denothing herein contained shall prevent the use of timber, stone, posits
by setti ers,mingravel, clay, coal, and other deposits by miners, prospectors for min- ers, etc.
eral, bona fide settlers and residents, for firewood, fencing, buildings, mining, prospecting, and domestic purposes within areas subject
to the provisions of this Act.

 1272

73d CONGRESS.

SESS. II.

CH. 865. JUNE 28, 1934.

SEC. 6. Nothing herein contained shall restrict the acquisition,
granting or use of permits or rights-of-way within grazing districts under existing law; or ingress or egress over the public lands
Prospecting, etc., in such districts for all proper and lawful purposes; and nothing
minerals.
herein contained shall restrict prospecting, locating, developing,
mining, entering, leasing, or patenting the mineral resources of such
districts under law applicable thereto.
SEc. 7. That the Secretary is hereby authorized, in his discretion,
Londs more suitahie
districtstobeclassified. to examine and classify any lands within such grazing districts
which are more valuable and suitable for the production of agricultural crops than native grasses and forage plants, and to open such
lands to homestead entry in tracts not exceeding three hundred and
Prior settlement for- twenty acres in area. Such lands shall not be subject to settlement or
hidden.
occupation as homesteads until after same have been classified and
opened to entry after notice to the permittee by the Secretary of
the Interior, and the lands shall remain a part of the grazing district until patents are issued therefor, the homesteader to be, after
s his entry is
Areaoenin
s allowed, entitled to the possession and use thereof: ProAreas open in tractshienr
vided, That upon the application of any person qualified to make
exceeding 320 acres.
homestead entry under the public-land laws, filed in the land office
of the proper district, the Secretary of the Interior shall cause any
tract not exceeding three hundred and twenty acres in any grazing
district to be classified, and such application shall entitle the applicant to a preference right to enter such lands when opened to entry
as herein provided.
SEC. 8. That where such action will promote the purposes of theExchange with prirate ownership in pubdistrict or facilitate its administration, the Secretary is authorized
lie interest, allowed.
and directed to accept on behalf of the United States any lands
within the exterior boundaries of a district as a gift, or, when public
interests will be benefited thereby, he is authorized and directed to
accept on behalf of the United States title to any privately owned
lands within the exterior boundaries of said grazing district, and in
exchange theref or to issue patent for not to exceed an equal value of
surveyed grazing district land or of unreserved surveyed public land
in the same State or within a distance of not more than fifty miles
Proisos.of contem- within the adjoining State nearest the base lands: Provided, That
Notice
plated exchange to be before any such exchange shall be effected, notice of the contemgiven,
plated exchange, describing the lands involved, shall be published
by the Secretary of the Interior once each week for four successive
weeks in some newspaper of general circulation in the county or
counties in which may be situated the lands to be accepted, and in
the same manner in some like newspaper published in any county in
which may be situated any lands to be given in such exchange;
conveyed
Lands States
- lands conveyed to the United States under this Act shall, upon
to te
United
acceptance of title, become public lands and parts of the grazing
come public lands.
district within whose exterior boundaries they are located: Provided
further, That either party to an exchange may make reservations of
Easements
may parbe minerals, easements, or rights of use, the values of which shall be
by either
reserved
duly considered in determining the values of the exchanged lands.
ty.
'Where reservations are made in lands conveyed to the United States,
Conditions imposed. the right to enjoy them shall be subject to such reasonable conditions respecting ingress and egress and the use of the surface of the
land as may be deemed necessary by the Secretary of the Interior.
Where mineral reservations are made in lands conveyed by the
United States, it shall be so stipulated in the patent, and any person
miner may occupy who acquires the right to mine and remove the reserved mineral
deposits may enter and occupy so much of the surface as may be
surface required.
required for all purposes incident to the mining and removal of the
minerals therefrom, and may mine and remove such minerals, upon
Rights-of-way within
not

grazing

districts

restricted,

 73d CONGRESS.

SESS. II.

CH. 865.

JUNE 28, 1934.

1273

payment to the owner of the surface for damages caused to the land
and improvements thereon. Upon application of any State to Application by a
State to exchange lands
exchange lands within or without the boundary of a grazing district within or without a
the Secretary of the Interior is authorized and directed, in the grazing distnct.
manner provided for the exchange of privately owned lands in this
section, to proceed with such exchange at the earliest practicable Lands in another
date and to cooperate fully with the State to that end, but no State State excluded.
shall be permitted to select lieu lands in another State.
SEc. 9. The Secretary of the Interior shall provide, by suitable Rules forcooperating
rules and regulations, for cooperation with local associations of associations to be prostockmen, State land officials, and official State agencies engaged in vided.
conservation or propagation of wild life interested in the use of the
grazing districts. The Secretary of the Interior shall provide by Local hearings or
appropriate rules and regulations for local hearings on appeals from views provided for.
the
decisions
the administrative
officer in charge
a manner
similar
to the of
procedure
in the land department.
The inSecretary
of AcceptanCo of con'~ecrta.'r
trihutions for district
the Interior shall also be empowered to accept contributions toward improvements.
the administration, protection, and improvement of the district,
moneys so received to be covered into the Treasury as a special fund,
which is hereby appropriated and made available until expended, as
the Secretary of the Interior may direct, for payment of expenses Appropriation.
incident to said administration, protection, and improvement, and
for refunds to depositors of amounts contributed by them in excess
of their share of the cost.
SEc. 10. That, except as provided in sections 9 and 11 hereof, all Deposit ofgrazngre.
moneys received under the authority of this Act shall be deposited in
the Treasury of the United States as miscellaneous receipts, but 25 Portion for range imper centum of all moneys received from each grazing district during provements.
any fiscal year is hereby made available, when appropriated by the
Congress, for expenditure by the Secretary of the Interior for the
to
Apportionment
construction, purchase, or maintenance of range improvements, and State
for benefit of
50 per centum of the money received from each grazing district countieshavinggrazing
during any fiscal year shall be paid at the end thereof by the districts.
Secretary of the Treasury to the State in which said grazing district
is situated, to be expended as the State legislature may prescribe for
the benefit of the county or counties in which the grazing district
is situated: Provided, That if any grazing district is in more than Provinmr
If district in more
one State or county, the distributive share to each from the proceeds than one county.
of said district shall be proportional to its area therein.
SEC. 11. That when appropriated by Congress, 25 per centum
of all
to toa nds eded
lands ceded
moneys received from each grazing district on Indian
grazing fees
the United States for disposition under the public-land laws during Use offrom.
any fiscal year is hereby made available for expenditure by the ceived
Secretary of the Interior for the construction, purchase, or maintenance of range improvements; and an additional 25 per centum of Range improvethe money received from grazing during each fiscal year shall bements.
paid at the end thereof by the Secretary of the Treasury to the State
of public
public
Benefit and
in which said lands are situated, to be expended as the State scools
legislature may prescribe for the benefit of public schools and public roads.
roads of the county or counties in which such grazing lands are
situated. And the remaining 50 per centum of all money received
from such grazing lands shall be deposited to the credit of the
Indians pending final disposition under applicable laws, treaties, or
agreements. The applicable public land laws as to said Indian ceded liclandlaw. of publands within a district created under this Act shall continue in
operation, except that each and every application for nonmineral
title to said lands in a district created under this Act shall be allowed
only if in the opinion of the Secretary of the Interior the land is of

 1274

73d CONGRESS.

SESS. II.

CH. 865.

JUNE 28, 1934.

the character suited to disposal through the Act under which application is made and such entry and disposal will not affect adversely
the best public interest, but no settlement or occupation of such
lands shall be permitted until ninety days after allowance of an
application.
Cooperative adminSEC. 12. That the Secretary of the Interior is hereby authorized to
istration with other departments.
cooperate with any department of the Government in carrying out
Coordinationofrange the purposes of this Act, and in the coordination of range adminisadministration.
tration, particularly where the same stock grazes part time in a grazing district and part time in a national forest or other reservation.
Unappropriated
SEC. 13. That the President of the United States is authorized to
lands within watersheds of national for- reserve by proclamation and place under national-forest administracsts.
President mayplace, lion in any State where national forests may be created or enlara ed
under national forest by Executive order any unappropriated public lands lying wiin
administration.
watersheds forming a part of the national forests which, in his
opinion, can best be administered in connection with existing
national-forest administration units, and to place under the Interior
Department administration any lands within national forests, principally valuable for grazing, which, in his opinion, can best be adminProviso.rights main- istered under the provisions of this Act: Provided, That such reserLegal
tained
vations or transfers shall not interfere with legal rights acquired
under any public-land laws so long as such rights are legally mainJurisdiction of lands. tained.
Lands placed under the national-forest administration
under the authority of this Act shall be subject to all the laws and
regulations relating to national forests, and lands placed under the
Interior Department administration shall be subject to all publicland laws and regulations applicable to grazing districts created
under authority of this Act. Nothing in this section shall be construed so as to limit the powers of the President (relating to reorganVol. 47, p. 1517.
izations in the executive departments) granted by title 4 of the Act
entitled "An Act making appropriations for the Treasury and Post
Office Departments for the fiscal year ending June 30, 1934, and for
other purposes ", approved March 8, 1933.
R. S. sec 2455, p. 44;
SaC. 14. That section 2455 of the Revised Statutes, as amended, is
V.S.C., p. 1411.
vol. 45, p. 253.
amended to read as follows:
Saleofisolatedordis" SEc. 2455. Notwithstanding the provisions of section 2357 of the
connected tracts.
Revised Statutes (U.S.C., title 43, sec. 678) and of the Act of August
t. S.sec 2357, p. 432; 30, 1890 (26 Stat. 391), it shall be lawful for the Secretary of the
Vl.., p. 39.
Interior to order into market and sell at public auction, at the land
vol. 26, P 391.
office of the district in which the land is situated, for not less than

Prsisos.
onrfcrentiagshttO

property.

Sale of tracts unsuitableforcultivation.

the appraised value, any isolated or disconnected tract or parcel of
the public domain not exceeding seven hundred and sixty acres
which, in his judgment, it would be proper to expose for sale after at
least thirty days' notice by the land office of the district in which
such land may be situated: Provided, That for a period of not less
than thirty days after the highest bid has been received, any owner
or owners of contiguous land shall have a preference right to buy the
offered lands at such highest bid price, and where two or more persons apply to exercise such preference right the Secretary of the
Interior is authorized to make an equitable division of the land among
such applicants, but in no case shall the adjacent land owner or
owners be required to pay more than three times the appraised price:
Provided further, That any legal subdivisions of the public land, not
exceeding one hundred and sixty acres, the greater part of which is
mountainous or too rough for cultivation, may, in the discretion of
the said Secretary, be ordered into the market and sold pursuant to
this section upon the application of any person who owns land or
holds a valid entry of lands adjoining such tract, regardless of the
fact that such tract may not be isolated or disconnected within the

 73d CONGRESS.

SESS. II.

CHS. 865, 866.

1275

JUNE 28, 1934.

shall
meaning of this section: Provided further, That this section
under any
not defeat any valid right which has already attached
pending entry or location. The word 'person' in this section shall
be deemed to include corporations, partnerships, and associations."
SEC. 15. The Secretary of the Interior is further authorized in his
discretion, where vacant, unappropriated, and unreserved lands of
the public domain are situated in such isolated or disconnected tracts
of six hundred and forty acres or more as not to justify their
inclusion in any grazing district to be established pursuant to this
Act, to lease any such lands to owners of lands contiguous thereto
for grazing purposes, upon application therefor by any such owner,
and upon Such terms and conditions as the Secretary may prescribe.
SEC. 16. Nothing in this Act shall be construed as restricting the
respective States from enforcing any and all statutes enacted for
police regulation, nor shall the police power of the respective States
be, by this Act, impaired or restricted, and all laws heretofore
enacted by the respective States or any thereof, or that may hereafter
be enacted as regards public health or public welfare, shall at all
times be in full force and effect: Provided, however, That nothing
in this section shall be construed as limiting or restricting the power
and authority of the United States.
Approved, June 28, 1934.

Prior rights not im-

paird.

"Person" defined.
or iso.
Disconnected
lated
tract may
be
leased to owners of contiguous lands.

State laws, etc., not
restricted.

Pooison
No limitation

on

Federal authority.

[CHAPTER 866.]
AN ACT
To place the tobacco-growing industry on a sound financial and economic basis,
to prevent unfair competition and practices in the production and marketing
of tobacco entering into the channels of interstate and foreign commerce,
and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
DEFINITIONS

1. As used in this Act(a) The term "person " includes an individual, a partnership,
association, joint-stock company, corporation, or a firm, and imports
the plural as well as the singular, as the case demands.
(b) The term "Commissioner"
means the Commissioner of
Internal Revenue.
(c) The term "collector" means the collector of internal revenue.
(d) The term "tobacco" means any type or types of tobacco
specified in any agreement between the Secretary of Agriculture and
a contracting producer.
(e) The term "sale " means the first bona fide sale of each pound
of tobacco harvested subsequent to the enactment of this Act.
(f) The term "tax " means the tax imposed by this Act upon the
sale of tobacco.
(g) The term " contracting producer " means any person who
(pursuant to the provisions of the Agricultural Adjustment Act)
agrees in writing with the Secretary of Agriculture to plant not
more than the number of acres of tobacco, and/or to market not
more than the number of pounds of tobacco, permitted in such
agreement.
(h) The term "crop year" means the period May 1 to April 30.
(i) The term "Maryland tobacco" means the kind of air-cured
tobacco classified as type 32 in the United States Department of
Agriculture, Bureau of Agricultural Economics, Service and
Regulatory Announcements Numbered 118.
SECTION

June 28, 1934.

[I.R. 9690.1
[Public, No. 483]

Tobacco Control Act.

Definitions.

"Person."

"Commissioner."
"Collector."
"Tobacco."

"Sale."

"Ta."
"Contracting

ducer."

pro.

"Crop year."
"Marylandtobacco."