-CITE-
    43 USC CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT           01/02/2006
-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.
-End-
-CITE-
    43 USC Sec. 1901                                            01/02/2006
-EXPCITE-
    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'."
-FOOTNOTE-
    (!1) So in original.
-End-
-CITE-
    43 USC Sec. 1902                                            01/02/2006
-EXPCITE-
    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.
-End-
-CITE-
    43 USC Sec. 1903                                            01/02/2006
-EXPCITE-
    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-
-CITE-
    43 USC Sec. 1904                                            01/02/2006
-EXPCITE-
    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-
-CITE-
    43 USC Sec. 1905                                            01/02/2006
-EXPCITE-
    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.
-End-
-CITE-
    43 USC Sec. 1906                                            01/02/2006
-EXPCITE-
    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.)
-End-
-CITE-
    43 USC Sec. 1907                                            01/02/2006
-EXPCITE-
    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-
-CITE-
    43 USC Sec. 1908                                            01/02/2006
-EXPCITE-
    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-