Page:United States Statutes at Large Volume 49 Part 1.djvu/2023

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1978

74in C ONGRESS . SESS. II. CH. 842. JUNE 26, 1936. of the surface as may be required for all purposes incident to the pro spectin g far, m ining a nd remov al of t he mine rals the refrom, and Damages .

may mine and remove such minerals, upon payment to the owner of the surface for damages caused to the land and improvements Fee restriction

divi-

thereon . No fee shall be charged for any exchange of land made sioa of cost of publish- ing notices .

under this Act except one-half of the cost of publishing notice of a proposed exchange as herein provided ." SEC. 4 . Section 10 of such Act is amended to read as follows .

Deposit of receipts .

" SEC. 10 . That, except as provided in sections 9 and 11 hereof, all mon eys rec eived un der the authori ty of t his Act shall b e depos ited in the Treasury of the United States as miscellaneous receipts, but Porti on availab le for 25 per centum of all moneys received under this Act during any fiscal range imp rov eme nts . year is here by made availab le, whe n approp riated by the C ongress , for expenditure by the Secretary of the Interior for the construc- benefit of Pertion c oou nties Ste . for tion, purchase, or maintenance of range improvements, and 50 per cent um of th e money receive d under this Ac t durin g any fi scal ye ar shall be paid at the end thereof by the Secretary of the Treasury to t he State in whi ch the g razing district s or th e lands produci ng such moneys are situated, to be expended as the State Legislature of such State may prescribe for the benefit of the county or counties in w hich the grazin g distri cts or the land s produ cing suc h money s Pro viso .

are situated : Provided, That if any grazing district or any leased If d istric t in mo re than one sta te or tract is in more than one State or county, the distributive share to county.

each from the proceeds of said district or leased tract shall be pro- portional to its area in said district or leased tract ." SEC . 5 . Sect ion 15 of such Act is amended to read as foll ows Leasing of lands not "SEC . 15 . The Secretary of the Interior is further authorized, si tuated to just ify in clu- sion in any district, in his discretion, where vacant, unappropriated, and unreserved land s of the public domain are so situated as not to just ify the ir inclusion in any grazing district to be established pursuant to this Act, to lease any such lands for grazing purposes, upon such terms Proviso .

and conditio ns as the Secretary ma y prescribe : Provided, That Preference to owners, etc., ofcontiguous lands; preference shall be given to owners, homesteaders, lessees, or other ex cepti on . lawful occupants of contiguous lands to the extent necessary to perm it prope r use o f such c ontiguo us lands , excep t, that when su ch isolated or disconnected tracts embrace seven hundred and sixty acres or less, the owners, homesteaders, lessees, or other lawful occupants of lands contiguous thereto or cornering thereon shall Leasing righ t . have a prefe rence r ight to lease t he whole of suc h tract, during a period of ninety days after such tract is offered for lease, upon the terms and conditions prescribed by the Secretary ." SEC. 6 . Such Act is further amended by adding the following new section Director of Grazing .

"SEC. 17. The President shall have power, with the advice and Assistant Directors, et c.

consent of the Senate, to select a Director of Grazing . The Secre- tary of the Interior may appoint such Assistant Directors and such restrictions. and other employees as shall be necessary to administer this Act . The Civil Service Commission shall give consideration to the practical range experience in public-land States of the persons found eligible for appointment by the Secretary as Assistant Directors or graziers . No Director of Grazing, Assistant Director, or grazier shall be appointed who at the time of appointment or selection has not been for one year a bona-fide citizen or resident of the State or of one of the States in which such Director, Assistant Director, or grazier is to serve ."