450 



tucky and Tennessee large concentrations of star- 

 lings, grackles, blackbirds, and other birds found 

 in "blackbird roosts" pose a hazard to human 

 health and safety, livestock and agriculture, that 

 the roosts are reestablished each winter, that dis- 

 persal techniques have been unsuccessful, that 

 control is most effective when birds are concen- 

 trated in winter roosts, and that an emergency 

 does exist which requires immediate action with 

 insufiBcient time to comply with the National En- 

 vironmental Policy Act. 



Sec 2. (a) Upon certification by the Governor of 

 Kentucky and/or Tennessee to the Secretary of 

 the Interior that "blackbird roosts" are a signif- 

 icant hazard to human health, safety or property 

 in his state, the Secretary of the Interior shall 



provide for roosts determined through normal sur- 

 vey practices of the Department of the Interior 

 to contain in excess of 500,000 birds to be treated 

 with chemicals registered for bird control pur- 

 poses, unless the Secretary determines that treat- 

 ment of a particular roost would pose a hazard 

 to human health, safety or property. 



(b) The provisions of the National Environmen- 

 tal Policy Act of 1969 (83 Stat. 852), the Federal 

 Environmental Pesticide Control Act (86 Stat. 

 975) , or any other provision of law shall not apply 

 to any such blackbird control activities under- 

 taken, on or before April 15, 1976, by the States 

 of Kentucky or Tennessee or the Federal Govern- 

 ment within the States of Kentucky or Tennessee. 



28. Taylor Grazing Act 

 43 U.S.C. 315, 315a, 315h, 315n 



§315. Grazing districts: establishment; restrictions; 

 prior rights: rights-of-way; hearing and notice; 

 hunting or fishing rights. 



In order to promote the highest use of the public 

 lands pending its final disposal, the Secretary of the 

 Interior is authorized, in his discretion, by order to 

 establish grazing districts or additions thereto and/or 

 to modify the boundaries thereof, of vacant, un- 

 appropriated, and unreserved lands from any part 

 of the public domain of the United States (exclu- 

 sive 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 for any other pur- 

 pose shall be included in any such district except 

 with the approval of the head of the department 

 having jurisdiction thereof. Nothing in this subchap- 

 ter shall be construed in any way to diminish, re- 

 strict, or impair any right which has been here- 

 tofore or may be hereafter initiated under existing 

 law validly affecting the public lands, and which is 

 maintained pursuant to such law except as other- 

 wise expressly provided in this subchapter nor to 

 affect any land heretofore or hereafter surveyed 

 which, except for the provisions of this subchapter, 

 would be a part of any grant to any State, nor as 

 limiting or restricting the power or authority of any 

 State as to matters within its jurisdiction. Whenever 

 any grazing district is established pursuant to this 

 subchapter, the Secretary shall grant to owners of 

 land adjacent to such district, upon application of 

 any such owner, such righfcs-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 subchapter nor sections 291 to 301 of this title, 

 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 de- 

 scribed in section 471 of Title 16, for the purposes 

 set forth in section 475 of Title 16, or such other pur- 

 poses as Congress may specify. Before grazing dis- 

 tricts are created in any State as herein provided, a 

 hearing shall be held in the State, after public notice 

 thereof shall have been given, at such location con- 

 venient 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 twenty days after 

 such hearing shall be held: Provided, however. That 

 the publication of such notice shall have the effect of 

 withdrawing all public lands within the exterior 

 boundary of such proposed grazing districts from 

 all forms of entry of settlement. Nothing In this 

 subchapter shall be construed as in any way altering 

 or restricting the right to hunt or fish within a 

 grazing district in accordance 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. (June 

 28, 1934, ch. 865. 5 1, 48 Stat. 1269: June 26. 1936. 

 ch. 842, title I, § 1, 49 Stat. 1976; May 28, 1954, ch. 

 243, § 2, 68 Stat. 151.) 



Amencuents 



1954 — Act May 28, 1954, struck out of first sentence the 

 provision limiting to one hundred and forty-two million 

 acres the area which might be Included In grazing 

 districts. 



Act June 26. 1936 Increased the acreage which could be 

 Included In grazing districts from 80 million to 142 million 

 acres 



§3l5a. Protection, administration, regulation, and 

 improvement of districts: rules and regulations; 

 study of erosion and flood control; offenses. 



The Secretary of the Interior shall make provision 

 for the protection, administration, regulation, and 

 Improvement of such grazing districts as may be 

 created under the authority of section 315 of this 

 title, and he shall make such rules and regulations 

 and establish such service, enter into such coopera- 



