Public Range Lands Improvement Act
PL 95-514 (H.R.10587), enacted 10/25/1978

PUBLIC LAW 95-514—OCT. 25, 1978 
92 STAT. 1803 
Public Law 95-514 
95th Congress 
An Act 
To improve the range conditions of the public rangelands. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. That this Act may be cited as the "Public Eangelands 
Improvement Act of 1978". 
riNDINGS AND DECLARATION OF POLICY 
SEC. 2. (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 rea-
son 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, and a resultant underproduc-
tivity for large acreages of the public lands; contribute signifi-
cantly 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 sup-
plies ; threaten important and frequently critical fish and wildlife 
habitat; prevent expansion of the forage resource and result-
ing benefits to livestock and wildlife production; increase surface 
runoff and flood danger; reduce the value of such lands for rec-
reational and esthetic purposes; and may ultimately lead to unpre-
dictable and undesirable long-term local and regional climatic 
and economic changes; 
(4) the above-mentioned conditions can be addressed and cor-
rected by an intensive public rangelands maintenance, manage-
ment, 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, If) U.S.C. 1331 
et seq.), continues to be successful in its goal of protecting wild 
free-roaming horses and burros from capture, branding, harrass-
ment, 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 live-
stock 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 
2011'a) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1711); 
Oct. 25, 1978 
[H.R. 10587] 
Public 
Rangelands 
Improvement Act 
of 1978. 
43 use 1901 
note. 
43 use 1901. 
92 STAT. 1804 
PUBLIC LAW 95-514—OCT. 25, 1978 
(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 202 
, 
of the Federal Land Policy and Management Act (48 U.S.C^. 
(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 them-
selves and their habitat and to other rangeland values; 
(c) The policies of this Act shall become effective only as specific 
statutory authority for their implementation is enacted by this Act 
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. 
Definitions. 
SKC 8. As used in this Act— 
43 use 1902. 
(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 deter-
mines may be suitable for domestic livestock grazing. 
(b) The term "allotment management plan" is the same as defined 
in section 103 (k) of the Federal Land Policy Management Act of 
1976 (43 U.S.C. 1702 ( k ) ) , except that as used in this Act 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 productiAnty in accordance Avith 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 vege-
tation in a plant community resemble that of the desired community 
for that site. 
(e) The term "native vegetation" means those plant species, com-
nnmities, or vegetative associations which are endemic to a given area 
and which would normally be identified with a healthy and productive 
T-ange 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. 
PUBLIC LAW 95-514—OCT. 25, 1978 
92 STAT. 1805 
structures, treatment projects, and use of mechanical means to accomp-
lish 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 tinal judgment or 
subse(][ueiit modification theivof as set forth on Jmie IcS, 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 AVestern States" means the States 
of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, 
Nevada, NOAV ]\Iexico, North Dakota, Oklahoma, Oregon, South 
Dakota, Utah, Washington, and Wyoming. 
RANGELANDS IXVENTORY AND MANAGEMENT 
SEC. 4. (a) Following enactment of this Act, the Secretary of the 43 USC 1903. 
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 
5 of the Forest and Rangeland Renewable Resources Planning Act 
of 1974 (16 ILS.C. 1608) ; shall be kept current on a regular basis so 
as to reflect changes in range conditions; and shall be available to the Public 
public. 
availability. 
(b) The Secretary shall manage the public rangelands in accordance 
with the Tavlor 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 improve-
uient program pursuant to this Act. Except where the land use plan- 
,«^ < ; , 
ning process required pursuant to section 202 of the Federal Land 
Policy and INIanagement Act (43 U.S.C. 1712) determines otherwise 
or the Secretary determines, and sets forth his reasons for this deter-
mination, 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 l>ecome as productive as feasible in accordance with the range-
land manageuient objectives established through the land use planning 
process, and consistent with the values and objectives listed in sections 
2 (a) and (b)(2) of this Act. 
RANGE IMPROVEMENT FUNDING 
SEC. 5. (a) In order to accomplish the purposes of this Act, thei-e 
are herebv authorized to be appropriated the sum of an additional 
$15,000,000 annually in fiscal years 1980 through 1982; for fiscal years 
1983 tlirough 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, Avildlife, and soil 
and water management moneys which have been requested by the 
Appropriation 
authorization. 
43 USC 1904. 
92 STAT. 1806 
PUBLIC LAW 95-514—OCT. 25, 1978 
Distribution, 
consultation and 
coordination. 
Secretary under the provisions of section 318 of the Federal Land 
43 use 1748. 
Policy and Management Act, and in addition to the moneys which are 
available for range improvements under section 401 of the Federal 
Land Policy and Management Act (43 U.S.C. 1751). 
(b) Aaiy amounts authorized by this section not appropriated in one 
or more fiscal years shall be available for appropi-iation in any subse-
quent years. 
(c) 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 enforcen)ent of the land use plans required pursuant 
to section 202 of the Federal Land Policy and Management Act (43 
U.S.C. 1712) and such allotment management plans as may be devel-
oped. 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 403 of the 
Federal Land Policy and Management Act (43 U.S.C. 1753), and the 
advisory councils established pursuant to section 309 of the Federal 
Land Policy and Management Act (43 U.S.C. 1739), range user repre-
sentatives, and other interested parties. To the maximum extent prac-
ticable, 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. 
Environmental 
(d) Prior to the use of any funds authorized by this section the 
assessment 
Secretary shall cause to have prepared an environmental assessment 
record. 
lecord on each range improvement project. Thereafter, improvement 
projects may be constructed unless the Secretary determines that the 
})roject will have a significant impact on the quality of human environ-
ment, necessitating an environmental impact statement pursuant to 
42 use 4321 
the National Environmental Policy Act prior to the expenditure of 
note. 
funds. 
GRAZING FEES 
43 use 1905. 
SEC. 6. (a) 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 bv the 1966 Western Livestock Grazing Survey multi-
plied bv 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 vear shall be limited to not more than plus 
or minus 25 per centum of the previous year's fee. 
Cb) The second sentence of section 401(b) (1) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1751(b) (1)) is hereby 
amended by adding the words "or $10,000,000 per annum, whichever 
is greater" after the words "50 per centum", and by substituting the 
Avord "sixteen" for the word "eleven" before the words "contiguous 
Western States". 
PUBLIC LAW 95-514—OCT. 25, 1978 
92 STAT. 1807 
(JRAZING LEASES AND PERMITS 
SEC. 7. (a) Section 402(b)(3) of the Federal Land Policy aiid 
Management Act (43 U.S.C. 1752) is amended by striking- the period 
at the end of the proviso and adding ": Provided further^ That the 
absence of completed land use plans or court ordered environmental 
statements shall not be the sole basis for establishing a term shorter 
than ten years unless the Secretary determines on a case-by-case basis 
that the information to be contained in such land use plan or court 
ordered environmental impact statement is necessary to determine 
whether a shorter term should be established for any of the reasons set 
forth in items (1) through (3) of this subsection.". 
(b) Section 402(a) of the Federal Land Policy and Management 
Act is hereby amended by substituting the word "sixteen" for the word 
"eleven" before the words "contiguous Western States". 
Consultation 
and 
cooperation. 
ALLOTMENT MANAGEMENT 
PLANS 
SEC. 8. Sections 402 (d) and (e) (43 U.S.C. 1752 (d) and (e)) are 
hereby amended— 
(a) by changing subsection (d) to read as follows: 
"(d) All permits and leases for domestic livestock grazing issued 
pursuant to this section may incorporate an allotment management 
plan developed by the Secretary concerned. However, nothing in this 
subsection shall be construed to supersede any requirement for com-
pletion of court ordered environmental impact statements prior to 
development and incorporation of allotment management plans. If 
the Secretary concerned elects to develop an allotment management 
plan for a given area, he shall do so in careful and considered consul-
tation, cooperation and coordination with the lessees, permittees, and 
landowners involved, the district grazing advisory boards established 
pursuant to section 403 of the Federal Land Policy and Management 
Act (43 U.S.C. 1753), and any State or States having lands within the 
area to be covered by such allotment inanagement plan. Allotment 
management plans shall be tailored to the specific range condition of 
the area to be covered by such plan, and shall be reviewed on a 
periodic basis to determine whether they have been effective in improv-
ing the range condition of the lands involved or whether such lands 
can be better managed under the provisions of subsection (e) of this 
section. The Secretary concerned may revise or terminate such plans 
or develop new plans from time to time after such review and careful 
and considered consultation, cooperation and coordination with the 
parties involved. As used in this subsection, the terms 'court ordered Definitions 
environmental impact statement' and 'range condition' shall be defined 
ns in the 'Public Rangelands Improvement Act of 1978.' ". 
(b) by deleting in subsection (e) the words "Prior to October 1, 
1988. or thereafter, in" and bv inserting "In". 
Ante, p. 1803. 
APPROPRIATIONS 
SEC. 9. Notwithstanding any other provision of this Act, authority 43 USC 1906. 
to enter into cooperative agreements and to make payments under 
this Act shall be effective only to the extent or in such amounts as are 
provided in advance in appropriation Acts. 
92 STAT. 1808 
PUBLIC LAW 95-514—OCT. 25, 1978 
GRAZING ADVISORY BOARDS 
SEC. 10. Section 403 (a) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1753) is amended by substituting the word 
"sixteen" for the word "eleven" before the words "contiguous Western 
States". 
XATIOXAL GRASSLAND EXEMPTIONS 
43 use 1907. 
SEC. 11. All National Grasslands are exempted from the provisions 
of this Act. 
EXPERIMENTAL STEWARDSHIP PROGRAM 
43 use 1908. 
SEC. 12. (a) 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 representa-
tive 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 condi-
tions. 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 Fed-
eral 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. 
Report to 
(b) No later than December 31, 1985, the Secretaries shall report 
Congress. 
to the Congress the results of such experimental program, their evalu-
ation of the fee established in section 6 of this Act and other grazing 
fee options, and their recommendations to implement a grazing fee 
schedule for the 1986 and subsequent grazing years. 
ADVISORY 
C O U N C I L S 
SEC. 13. The first line of section 309(a) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1739) is amended by deleting 
"is authorized to" and inserting in lieu thereof "shall". 
WILD HORSES AND BURROS 
Inventory and 
SEC. 14. (a) Subsections 3 (b), (c), and (d) of the Act of Decem-
determinations. 
ber 15,1971 (85 Stat. 649; 16 U.S.C. 1333(b) (3)) are hereby amended 
to read as follows: 
"(b) (1) The Secretary shall maintain a current inventory of wild 
free-roaming horses and burros on given areas of the public lands. The 
purpose of such inventory shall be to: make determinations as to 
whether and where an overpopulation exists and whether action 
should be taken to remove excess animals; determine appropriate 
management levels of wild free-roaming horses and burros on these 
areas of the public lands; and determine whether appropriate manage-
ment levels should be achieved by the removal or destruction of excess 
animals, or other options (such as sterilization, or natural controls on 
PUBLIC LAW 95-514—OCT. 25, 1978 
92 STAT. 1809 
population levels). In making such determinations the Secretary shall Consultation. 
consult with the United States Fish and Wildlife Service, wildlife 
agencies of the State or States wherein wild free-roaming horses and 
burros are located, such individuals independent of Federal and State 
*, 
government as have been recommended by the National Academy of 
- 
• 
Sciences, and such other individuals whom he determines have scientific 
expertise and special knowledge of wild horse and burro protection, 
wildlife management and animal husbandry as related to rangeland 
management. 
" (2) Where the Secretary determines on the basis of (i) the current Overpopulation, 
inventory of lands within his jurisdiction; (ii) information contained 
in any land use planning completed pursuant to section 202 of the 
Federal Land Policy and Management Act of 1976; (iii) information 43 USC 1712. 
contained in court ordered environmental impact statements as defined 
in section 2 of the Public Range Lands Improvement Act of 1978; and 
(iv) such additional information as becomes available to him from 
time to time, including that information developed in the research 
study mandated by this section, or in the absence of the information 
contained in (i-iv) above on the basis of all information currently 
available to him, that an overpopulation exists on a given area of the 
public lands and that action is necessary to remove excess animals, he 
shall immediately remove excess animals from the range so as to achieve 
appropriate management levels. Such action shall be taken, in the fol-
lowing order and priority, until all excess animals have been removed 
so as to restore a thriving natural ecological balance to the range, 
and protect the range from the deterioration associated with 
overpopulation: 
" (A) The Secretary shall order old, sick, or lame animals to be 
destroyed in the most humane manner possible; 
•• > -
"(B) The Secretary shall cause such number of additional 
excess wild free-roaming horses and burros to be humanely cap-
tured and removed for private maintenance and care for which he 
determines an adoption demand exists by qualified individuals, 
and for which he determines he can assure humane treatment and 
care (including proper transportation, feeding, and handling) : 
Provided^ That, not more than four animals may be adopted per 
year by any individual unless the Secretary determines in writing 
that such individual is capable of humanely caring for more than 
four animals, including the transportation of such animals by the 
adopting party; and 
"(C) The Secretary shall cause additional excess wild free-
roaming horses and burros for which an adoption demand by 
qualified individuals does not exist to be destroyed in the most 
humane and cost efficient manner possible. 
"(3) For the purpose of furthering knowledge of wild horse and Research 
burro population dynamics and their interrelationship with wildlife, study, 
forage and water resources, and assisting him in making his deter-
mination as to what constitutes excess animals, the Secretary shall 
contract for a research study of such animals with such individuals 
independent of Federal and State government as may be recommended 
by the National Academy of Sciences for having scientific expertise 
and special knowledge of wild horse and burro protection, wildlife 
management and animal husbandry as related to rangeland manage-
ment. The terms and outline of such research study shall be determined 
by a research design panel to be appointed by the President of the 
39-194 O-
-pt. 2 
34 : QLS 
92 STAT. 1810 
PUBLIC LAW 95-514—OCT. 25, 1978 
Stibmittal to 
National Academy of Sciences. Such study shall be completed and sub-
Congress, 
mitted by the Secretary to the Senate and House of Representatives on 
or before January 1, 1983. 
Title, 
^ "(c) Where excess animals have been transferred to a qualified 
application. 
individual for adoption and private maintenance pursuant to this Act 
and the Secretary determines that such individual has provided 
humane conditions, treatment and care for such animal or animals for 
a period of one year, the Secretary is authorized upon application by 
the transferee to grant title to not more than four animals to the trans-
i 
' 
^ > ' feree at the end of the one-year period. 
"(d) Wild free-roaming horses and burros or their remains shall 
lose their status as wild free-roaming horses or burros and shall no 
* longer be considered as falling within the purview of this Act— 
"(1) upon passage of title pursuant to subsection (c) except for 
the limitation of subsection (c) (1) of this section; or 
"(2) if they have been transferred for private maintenance or 
adoption pursuant to this Act and die of natural causes before 
passage of title; or 
" (3) upon destruction by the Secretary or his designee pursuant 
to subsection (b) of this section; or 
" (4) if they die of natural causes on the public lands or on pri-
vate lands where maintained thereon pursuant to section 4 and 
disposal is authorized by the Secretarj' or his designee; or 
"(5) upon destruction or death for purposes of or incident to 
the program authorized in section 3 of this Act; Provided, That 
no wild free-roaming horse or burro or its remains may be sold 
or transferred for consideration for processing into commercial 
products.". 
"fexcess 
(b) A new subsection (f) is added to section 2 of the Act of Decem-
animaU." 
ber 15, 1971, as amended (16 U.S.C. 1332) to read as follows: 
"(f) 'excess animals' means wild free-roaming horses or burros 
(1) which have been removed from an area by the Secretary pursu-
ant to applicable law or, (2) which must be removed from an area 
in order to preserve and maintain a thriving natural ecological 
balance and multiple-use relationship in that area." 
Approved October 25, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-1122 (Comm. on Interior and Insular Affairs) and No. 
95-1737 (Comm. of Conference). 
SENATE REPORT No. 95-1237 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
June 29, considered and passed House. 
Sept. 30, considered and passed Senate, amended. 
Oct. 10, House agreed to conference report. 
Oct. 11, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 14, No. 43: 
Oct. 27, Presidential statement.