US (United States) Code. Title 43. Chapter 37: Public rangelands improvement

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

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43 USC CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-

CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-MISC1-

Sec.

1901. Congressional findings and declaration of policy.

1902. Definitions.

1903. Rangelands inventory and management; public

availability.

1904. Range improvement funding.

(a) Authorization of additional appropriations.

(b) Availability of unappropriated funds for

subsequent fiscal years.

(c) Fund limitations for prescribed uses;

distribution, consultation and coordination;

public hearings and meetings; interested

parties; priority of cooperative agreements

with range users.

(d) Environmental assessment record and

environmental impact statement requirements.

1905. Grazing fees; economic value of use of land; fair

market value components; annual percentage change

limitation.

1906. Authority for cooperative agreements and payments

effective as provided in appropriations.

1907. National Grasslands; exemptions.

1908. Experimental stewardship program.

(a) Scope of program.

(b) Report to Congress.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1752 of this title.

-End-

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43 USC Sec. 1901 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-

Sec. 1901. Congressional findings and declaration of policy

-STATUTE-

(a) The Congress finds and declares that -

(1) vast segments of the public rangelands are producing less

than their potential for livestock, wildlife habitat, recreation,

forage, and water and soil conservation benefits, and for that

reason are in an unsatisfactory condition;

(2) such rangelands will remain in an unsatisfactory condition

and some areas may decline further under present levels of, and

funding for, management;

(3) unsatisfactory conditions on public rangelands present a

high risk of soil loss, desertification,(!1) and a resultant

underproductivity for large acreages of the public lands;

contribute significantly to unacceptable levels of siltation and

salinity in major western watersheds including the Colorado

River; negatively impact the quality and availability of scarce

western water supplies; threaten important and frequently

critical fish and wildlife habitat; prevent expansion of the

forage resource and resulting benefits to livestock and wildlife

production; increase surface runoff and flood danger; reduce the

value of such lands for recreational and esthetic purposes; and

may ultimately lead to unpredictable and undesirable long-term

local and regional climatic and economic changes;

(4) the above-mentioned conditions can be addressed and

corrected by an intensive public rangelands maintenance,

management, and improvement program involving significant

increases in levels of rangeland management and improvement

funding for multiple-use values;

(5) to prevent economic disruption and harm to the western

livestock industry, it is in the public interest to charge a fee

for livestock grazing permits and leases on the public lands

which is based on a formula reflecting annual changes in the

costs of production;

(6) the Act of December 15, 1971 (85 Stat. 649, 16 U.S.C. 1331

et seq.), continues to be successful in its goal of protecting

wild free-roaming horses and burros from capture, branding,

harassment, and death, but that certain amendments are necessary

thereto to avoid excessive costs in the administration of the

Act, and to facilitate the humane adoption or disposal of excess

wild free-roaming horses and burros which because they exceed the

carrying capacity of the range, pose a threat to their own

habitat, fish, wildlife, recreation, water and soil conservation,

domestic livestock grazing, and other rangeland values;

(b) The Congress therefore hereby establishes and reaffirms a

national policy and commitment to:

(1) inventory and identify current public rangelands conditions

and trends as a part of the inventory process required by section

1711(a) of this title;

(2) manage, maintain and improve the condition of the public

rangelands so that they become as productive as feasible for all

rangeland values in accordance with management objectives and the

land use planning process established pursuant to section 1712 of

this title;

(3) charge a fee for public grazing use which is equitable and

reflects the concerns addressed in paragraph (a)(5) above;

(4) continue the policy of protecting wild free-roaming horses

and burros from capture, branding, harassment, or death, while at

the same time facilitating the removal and disposal of excess

wild free-roaming horses and burros which pose a threat to

themselves and their habitat and to other rangeland values;

(c) The policies of this chapter shall become effective only as

specific statutory authority for their implementation is enacted by

this chapter or by subsequent legislation, and shall be construed

as supplemental to and not in derogation of the purposes for which

public rangelands are administered under other provisions of law.

-SOURCE-

(Pub. L. 95-514, Sec. 2, Oct. 25, 1978, 92 Stat. 1803.)

-REFTEXT-

REFERENCES IN TEXT

Act of December 15, 1971, referred to in subsec. (a)(6), is Pub.

L. 92-195, Dec. 15, 1971, 85 Stat. 649, as amended, popularly known

as the Wild Free-Roaming Horses and Burros Act, which is classified

generally to chapter 30 (Sec. 1331 et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see Short Title note set out under section 1331 of Title 16 and

Tables.

This chapter, referred to in subsec. (c), was in the original

"this Act", meaning Pub. L. 95-514, Oct. 25, 1978, 92 Stat. 1803,

which enacted this chapter and amended sections 1739 and 1751 to

1753 of this title and sections 1332 and 1333 of Title 16. For

complete classification of this Act to the Code, see Short Title

note set out below and Tables.

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 95-514 provided: "That this Act [enacting

this chapter and amending sections 1739 and 1751 to 1753 of this

title and sections 1332 and 1333 of Title 16, Conservation] may be

cited as the 'Public Rangelands Improvement Act of 1978'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1903 of this title.

-FOOTNOTE-

(!1) So in original.

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43 USC Sec. 1902 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-

Sec. 1902. Definitions

-STATUTE-

As used in this chapter -

(a) The terms "rangelands" or "public rangelands" means lands

administered by the Secretary of the Interior through the Bureau of

Land Management or the Secretary of Agriculture through the Forest

Service in the sixteen contiguous Western States on which there is

domestic livestock grazing or which the Secretary concerned

determines may be suitable for domestic livestock grazing.

(b) The term "allotment management plan" is the same as defined

in section 1702(k) of this title, except that as used in this

chapter such term applies to the sixteen contiguous Western States.

(c) The term "grazing permit and lease" means any document

authorizing use of public lands or lands in national forests in the

sixteen contiguous Western States for the purpose of grazing

domestic livestock.

(d) The term "range condition" means the quality of the land

reflected in its ability in specific vegetative areas to support

various levels of productivity in accordance with range management

objectives and the land use planning process, and relates to soil

quality, forage values (whether seasonal or year round), wildlife

habitat, watershed and plant communities, the present state of

vegetation of a range site in relation to the potential plant

community for that site, and the relative degree to which the

kinds, proportions, and amounts of vegetation in a plant community

resemble that of the desired community for that site.

(e) The term "native vegetation" means those plant species,

communities, or vegetative associations which are endemic to a

given area and which would normally be identified with a healthy

and productive range condition occurring as a result of the natural

vegetative process of the area.

(f) The term "range improvement" means any activity or program on

or relating to rangelands which is designed to improve production

of forage; change vegetative composition; control patterns of use;

provide water; stabilize soil and water conditions; and provide

habitat for livestock and wildlife. The term includes, but is not

limited to, structures, treatment projects, and use of mechanical

means to accomplish the desired results.

(g) The term "court ordered environmental impact statement" means

any environmental statements which are required to be prepared by

the Secretary of the Interior pursuant to the final judgment or

subsequent modification thereof as set forth on June 18, 1975, in

the matter of Natural Resources Defense Council against Andrus.

(h) The term "Secretary" unless specifically designated

otherwise, means the Secretary of the Interior.

(i) The term "sixteen contiguous Western States" means the States

of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska,

Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota,

Utah, Washington, and Wyoming.

-SOURCE-

(Pub. L. 95-514, Sec. 3, Oct. 25, 1978, 92 Stat. 1804.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in opening provision and in subsec.

(b), was in the original "this Act", meaning Pub. L. 95-514, Oct.

25, 1978, 92 Stat. 1803, which enacted this chapter and amended

sections 1739 and 1751 to 1753 of this title and sections 1332 and

1333 of Title 16, Conservation. For complete classification of this

Act to the Code, see Short Title note set out under section 1901 of

this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 1333.

-End-

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43 USC Sec. 1903 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-

Sec. 1903. Rangelands inventory and management; public availability

-STATUTE-

(a) Following enactment of this chapter, the Secretary of the

Interior and the Secretary of Agriculture shall update, develop

(where necessary) and maintain on a continuing basis thereafter, an

inventory of range conditions and record of trends of range

conditions on the public rangelands, and shall categorize or

identify such lands on the basis of the range conditions and trends

thereof as they deem appropriate. Such inventories shall be

conducted and maintained by the Secretary as a part of the

inventory process required by section 201(a) of the Federal Land

Policy and Management Act (43 U.S.C. 1711), and by the Secretary of

Agriculture in accordance with section 1603 of title 16; shall be

kept current on a regular basis so as to reflect changes in range

conditions; and shall be available to the public.

(b) The Secretary shall manage the public rangelands in

accordance with the Taylor Grazing Act (43 U.S.C. 315-315(o)), the

Federal Land Policy and Management Act of 1976 (43 U.S.C.

1701-1782), and other applicable law consistent with the public

rangelands improvement program pursuant to this chapter. Except

where the land use planning process required pursuant to section

202 of the Federal Land Policy and Management Act (43 U.S.C. 1712)

determines otherwise or the Secretary determines, and sets forth

his reasons for this determination, that grazing uses should be

discontinued (either temporarily or permanently) on certain lands,

the goal of such management shall be to improve the range

conditions of the public rangelands so that they become as

productive as feasible in accordance with the rangeland management

objectives established through the land use planning process, and

consistent with the values and objectives listed in sections

1901(a) and (b)(2) of this title.

-SOURCE-

(Pub. L. 95-514, Sec. 4, Oct. 25, 1978, 92 Stat. 1805.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Land Policy and Management Act of 1976, referred to

in subsec. (b), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as

amended, which is classified principally to chapter 35 (Sec. 1701

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1701 of this

title and Tables.

The Taylor Grazing Act, referred to in subsec. (b), is act June

28, 1934, ch. 865, 48 Stat. 1269, as amended, which is classified

principally to subchapter I (Sec. 315 et seq.) of chapter 8A of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 315 of this title and

Tables.

-End-

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43 USC Sec. 1904 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-

Sec. 1904. Range improvement funding

-STATUTE-

(a) Authorization of additional appropriations

In order to accomplish the purposes of this chapter, there are

hereby authorized to be appropriated the sum of an additional

$15,000,000 annually in fiscal years 1980 through 1982; for fiscal

years 1983 through 1986 an amount no less than the amount

authorized for 1982; and for fiscal years 1987 through 1999 an

amount not less than $5,000,000 annually more than the amount

authorized for fiscal year 1986. Such funds shall be in addition to

any range, wildlife, and soil and water management moneys which

have been requested by the Secretary under the provisions of

section 1748 of this title, and in addition to the moneys which are

available for range improvements under section 1751 of this title.

(b) Availability of unappropriated funds for subsequent fiscal

years

Any amounts authorized by this section not appropriated in one or

more fiscal years shall be available for appropriation in any

subsequent years.

(c) Fund limitations for prescribed uses; distribution,

consultation and coordination; public hearings and meetings;

interested parties; priority of cooperative agreements with range

users

No less than 80 per centum of such funds provided herein shall be

used for on-the-ground range rehabilitation, maintenance and the

construction of range improvements (including project layout,

project design, and project supervision). No more than 15 per

centum of such funds provided herein shall be used to hire and

train such experienced and qualified personnel as are necessary to

implement on-the-ground supervision and enforcement of the land use

plans required pursuant to section 1712 of this title and such

allotment management plans as may be developed. Such funds shall be

distributed as the Secretary deems advisable after careful and

considered consultation and coordination, including public hearings

and meetings where appropriate, with the district grazing advisory

boards established pursuant to section 1753 of this title, and the

advisory councils established pursuant to section 1739 of this

title, range user representatives, and other interested parties. To

the maximum extent practicable, and where economically sound, the

Secretary shall give priority to entering into cooperative

agreements with range users (or user groups) for the installation

and maintenance of on-the-ground range improvements.

(d) Environmental assessment record and environmental impact

statement requirements

Prior to the use of any funds authorized by this section the

Secretary shall cause to have prepared an environmental assessment

record on each range improvement project. Thereafter, improvement

projects may be constructed unless the Secretary determines that

the project will have a significant impact on the quality of human

environment, necessitating an environmental impact statement

pursuant to the National Environmental Policy Act [42 U.S.C. 4321

et seq.] prior to the expenditure of funds.

-SOURCE-

(Pub. L. 95-514, Sec. 5, Oct. 25, 1978, 92 Stat. 1805.)

-REFTEXT-

REFERENCES IN TEXT

National Environmental Policy Act, referred to in subsec. (d), is

Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is

classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see Short Title note set out under section 4321 of

Title 42 and Tables.

-End-

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43 USC Sec. 1905 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-

Sec. 1905. Grazing fees; economic value of use of land; fair market

value components; annual percentage change limitation

-STATUTE-

For the grazing years 1979 through 1985, the Secretaries of

Agriculture and Interior shall charge the fee for domestic

livestock grazing on the public rangelands which Congress finds

represents the economic value of the use of the land to the user,

and under which Congress finds fair market value for public grazing

equals the $1.23 base established by the 1966 Western Livestock

Grazing Survey multiplied by the result of the Forage Value Index

(computed annually from data supplied by the Economic Research

Service) added to the Combined Index (Beef Cattle Price Index minus

the Price Paid Index) and divided by 100: Provided, That the annual

increase or decrease in such fee for any given year shall be

limited to not more than plus or minus 25 per centum of the

previous year's fee.

-SOURCE-

(Pub. L. 95-514, Sec. 6(a), Oct. 25, 1978, 92 Stat. 1806.)

-EXEC-

EX. ORD. NO. 12548. GRAZING FEES

Ex. Ord. No. 12548, Feb. 14, 1986, 51 F.R. 5985, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, and in order to provide

for establishment of appropriate fees for the grazing of domestic

livestock on public rangelands, it is ordered as follows:

Section 1. Determination of Fees. The Secretaries of Agriculture

and the Interior are directed to exercise their authority, to the

extent permitted by law under the various statutes they administer,

to establish fees for domestic livestock grazing on the public

rangelands which annually equals the $1.23 base established by the

1966 Western Livestock Grazing Survey multiplied by the result of

the Forage Value Index (computed annually from data supplied by the

Statistical Reporting Service) added to the Combined Index (Beef

Cattle Price Index minus the Prices Paid Index) and divided by 100;

provided, that the annual increase or decrease in such fee for any

given year shall be limited to not more than plus or minus 25

percent of the previous year's fee, and provided further, that the

fee shall not be less than $1.35 per animal unit month.

Sec. 2. Definitions. As used in this Order, the term:

(a) "Public rangelands" has the same meaning as in the Public

Rangelands Improvement Act of 1978 (Public Law 95-514) [this

chapter];

(b) "Forage Value Index" means the weighted average estimate of

the annual rental charge per head per month for pasturing cattle on

private rangelands in the 11 Western States (Montana, Idaho,

Wyoming, Colorado, New Mexico, Arizona, Utah, Nevada, Washington,

Oregon, and California) (computed by the Statistical Reporting

Service from the June Enumerative Survey) divided by $3.65 and

multiplied by 100;

(c) "Beef Cattle Price Index" means the weighted average annual

selling price for beef cattle (excluding calves) in the 11 Western

States (Montana, Idaho, Wyoming, Colorado, New Mexico, Arizona,

Utah, Nevada, Washington, Oregon, and California) for November

through October (computed by the Statistical Reporting Service)

divided by $22.04 per hundred weight and multiplied by 100; and

(d) "Prices Paid Index" means the following selected components

from the Statistical Reporting Service's Annual National Index of

Prices Paid by Farmers for Goods and Services adjusted by the

weights indicated in parentheses to reflect livestock production

costs in the Western States: 1. Fuels and Energy (14.5); 2. Farm

and Motor Supplies (12.0); 3. Autos and Trucks (4.5); 4. Tractors

and Self-Propelled Machinery (4.5); 5. Other Machinery (12.0); 6.

Building and Fencing Materials (14.5); 7. Interest (6.0); 8. Farm

Wage Rates (14.0); 9. Farm Services (18.0).

Sec. 3. Any and all existing rules, practices, policies, and

regulations relating to the administration of the formula for

grazing fees in section 6(a) of the Public Rangelands Improvement

Act of 1978 [43 U.S.C. 1905] shall continue in full force and

effect.

Sec. 4. This Order shall be effective immediately.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1908 of this title.

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43 USC Sec. 1906 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-

Sec. 1906. Authority for cooperative agreements and payments

effective as provided in appropriations

-STATUTE-

Notwithstanding any other provision of this chapter, authority to

enter into cooperative agreements and to make payments under this

chapter shall be effective only to the extent or in such amounts as

are provided in advance in appropriation Acts.

-SOURCE-

(Pub. L. 95-514, Sec. 9, Oct. 25, 1978, 92 Stat. 1807.)

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43 USC Sec. 1907 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-

Sec. 1907. National Grasslands; exemptions

-STATUTE-

All National Grasslands are exempted from the provisions of this

chapter.

-SOURCE-

(Pub. L. 95-514, Sec. 11, Oct. 25, 1978, 92 Stat. 1808.)

-End-

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43 USC Sec. 1908 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-

Sec. 1908. Experimental stewardship program

-STATUTE-

(a) Scope of program

The Secretaries of Interior and Agriculture are hereby authorized

and directed to develop and implement, on an experimental basis on

selected areas of the public rangelands which are representative of

the broad spectrum of range conditions, trends, and forage values,

a program which provides incentives to, or rewards for, the holders

of grazing permits and leases whose stewardship results in an

improvement of the range condition of lands under permit or lease.

Such program shall explore innovative grazing management policies

and systems which might provide incentives to improve range

conditions. These may include, but need not be limited to -

(1) cooperative range management projects designed to foster a

greater degree of cooperation and coordination between the

Federal and State agencies charged with the management of the

rangelands and with local private range users,

(2) the payment of up to 50 per centum of the amount due the

Federal Government from grazing permittees in the form of range

improvement work,

(3) such other incentives as he may deem appropriate.

(b) Report to Congress

No later than December 31, 1985, the Secretaries shall report to

the Congress the results of such experimental program, their

evaluation of the fee established in section 1905 of this title and

other grazing fee options, and their recommendations to implement a

grazing fee schedule for the 1986 and subsequent grazing years.

-SOURCE-

(Pub. L. 95-514, Sec. 12, Oct. 25, 1978, 92 Stat. 1808.)

-End-