
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC2005b]

 
                         TITLE 16--CONSERVATION
 
            CHAPTER 40--SOIL AND WATER RESOURCES CONSERVATION
 
Sec. 2005b. Conservation of private grazing land


(a) Findings

    Congress finds that--
        (1) private grazing land constitutes nearly \1/2\ of the non-
    Federal land of the United States and is basic to the environmental, 
    social, and economic stability of rural communities;
        (2) private grazing land contains a complex set of interactions 
    among soil, water, air, plants, and animals;
        (3) grazing land constitutes the single largest watershed cover 
    type in the United States and contributes significantly to the 
    quality and quantity of water available for all of the many uses of 
    the land;
        (4) private grazing land constitutes the most extensive wildlife 
    habitat in the United States;
        (5) private grazing land can provide opportunities for improved 
    nutrient management from land application of animal manures and 
    other by-product nutrient resources;
        (6) owners and managers of private grazing land need to continue 
    to recognize conservation problems when the problems arise and 
    receive sound technical assistance to improve or conserve grazing 
    land resources to meet ecological and economic demands;
        (7) new science and technology must continually be made 
    available in a practical manner so owners and managers of private 
    grazing land may make informed decisions concerning vital grazing 
    land resources;
        (8) agencies of the Department with private grazing land 
    responsibilities are the agencies that have the expertise and 
    experience to provide technical assistance, education, and research 
    to owners and managers of private grazing land for the long-term 
    productivity and ecological health of grazing land;
        (9) although competing demands on private grazing land resources 
    are greater than ever before, assistance to private owners and 
    managers of private grazing land is currently limited and does not 
    meet the demand and basic need for adequately sustaining or 
    enhancing the private grazing land resources; and
        (10) private grazing land can be enhanced to provide many 
    benefits to all citizens of the United States through voluntary 
    cooperation among owners and managers of the land, local 
    conservation districts, and the agencies of the Department 
    responsible for providing assistance to owners and managers of land 
    and to conservation districts.

(b) Purpose

    It is the purpose of this section to authorize the Secretary to 
provide a coordinated technical, educational, and related assistance 
program to conserve and enhance private grazing land resources and 
provide related benefits to all citizens of the United States by--
        (1) establishing a coordinated and cooperative Federal, State, 
    and local grazing conservation program for management of private 
    grazing land;
        (2) strengthening technical, educational, and related assistance 
    programs that provide assistance to owners and managers of private 
    grazing land;
        (3) conserving and improving wildlife habitat on private grazing 
    land;
        (4) conserving and improving fish habitat and aquatic systems 
    through grazing land conservation treatment;
        (5) protecting and improving water quality;
        (6) improving the dependability and consistency of water 
    supplies;
        (7) identifying and managing weed, noxious weed, and brush 
    encroachment problems on private grazing land; and
        (8) integrating conservation planning and management decisions 
    by owners and managers of private grazing land, on a voluntary 
    basis.

(c) Definitions

    In this section:

                           (1) Department

        The term ``Department'' means the Department of Agriculture.

                      (2) Private grazing land

        The term ``private grazing land'' means private, State-owned, 
    tribally-owned, and any other non-federally owned rangeland, 
    pastureland, grazed forest land, and hay land.

                            (3) Secretary

        The term ``Secretary'' means the Secretary of Agriculture.

(d) Private grazing land conservation assistance

           (1) Assistance to grazing landowners and others

        Subject to the availability of appropriations for this section, 
    the Secretary shall establish a voluntary program to provide 
    technical, educational, and related assistance to owners and 
    managers of private grazing land and public agencies, through local 
    conservation districts, to enable the landowners, managers, and 
    public agencies to voluntarily carry out activities that are 
    consistent with this section, including--
            (A) maintaining and improving private grazing land and the 
        multiple values and uses that depend on private grazing land;
            (B) implementing grazing land management technologies;
            (C) managing resources on private grazing land, including--
                (i) planning, managing, and treating private grazing 
            land resources;
                (ii) ensuring the long-term sustainability of private 
            grazing land resources;
                (iii) harvesting, processing, and marketing private 
            grazing land resources; and
                (iv) identifying and managing weed, noxious weed, and 
            brush encroachment problems;

            (D) protecting and improving the quality and quantity of 
        water yields from private grazing land;
            (E) maintaining and improving wildlife and fish habitat on 
        private grazing land;
            (F) enhancing recreational opportunities on private grazing 
        land;
            (G) maintaining and improving the aesthetic character of 
        private grazing lands; and
            (H) identifying the opportunities and encouraging the 
        diversification of private grazing land enterprises.

                        (2) Program elements

        (A) Funding

            If funding is provided to carry out this section, it shall 
        be provided through a specific line-item in the annual 
        appropriations for the Natural Resources Conservation Service.

        (B) Technical assistance and education

            Personnel of the Department trained in pasture and range 
        management shall be made available under the program to deliver 
        and coordinate technical assistance and education to owners and 
        managers of private grazing land, at the request of the owners 
        and managers.

(e) Grazing technical assistance self-help

                            (1) Findings

        Congress finds that--
            (A) there is a severe lack of technical assistance for 
        farmers and ranchers who graze livestock;
            (B) Federal budgetary constraints preclude any significant 
        expansion, and may force a reduction of, current levels of 
        technical support; and
            (C) farmers and ranchers have a history of cooperatively 
        working together to address common needs in the promotion of 
        their products and in the drainage of wet areas through drainage 
        districts.

             (2) Establishment of grazing demonstration

        In accordance with paragraph (3), the Secretary may establish 2 
    grazing management demonstration districts at the recommendation of 
    the grazing lands conservation initiative steering committee.

                            (3) Procedure

        (A) Proposal

            Within a reasonable time after the submission of a request 
        of an organization of farmers or ranchers engaged in grazing, 
        the Secretary shall propose that a grazing management district 
        be established.

        (B) Funding

            The terms and conditions of the funding and operation of the 
        grazing management district shall be proposed by the producers.

        (C) Approval

            The Secretary shall approve the proposal if the Secretary 
        determines that the proposal--
                (i) is reasonable;
                (ii) will promote sound grazing practices; and
                (iii) contains provisions similar to the provisions 
            contained in the beef promotion and research order issued 
            under section 2903 of title 7 in effect on April 4, 1996.

        (D) Area included

            The area proposed to be included in a grazing management 
        district shall be determined by the Secretary on the basis of a 
        petition by farmers or ranchers.

        (E) Authorization

            The Secretary may use authority under the Agricultural 
        Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments 
        by the Agricultural Marketing Agreement Act of 1937, to operate, 
        on a demonstration basis, a grazing management district.

        (F) Activities

            The activities of a grazing management district shall be 
        scientifically sound activities, as determined by the Secretary 
        in consultation with a technical advisory committee composed of 
        ranchers, farmers, and technical experts.

(f) Authorization of appropriations

    There are authorized to be appropriated to carry out this section--
        (1) $20,000,000 for fiscal year 1996;
        (2) $40,000,000 for fiscal year 1997; and
        (3) $60,000,000 for fiscal year 1998 and each subsequent fiscal 
    year.

(Pub. L. 104-127, title III, Sec. 386, Apr. 4, 1996, 110 Stat. 1017.)

                       References in Text

    The Agricultural Adjustment Act, reenacted with amendments by the 
Agricultural Marketing Agreement Act of 1937, referred to in subsec. 
(e)(3)(E), is title I of act May 12, 1933, ch. 25, 48 Stat. 31, as 
amended, which is classified generally to chapter 26 (Sec. 601 et seq.) 
of Title 7, Agriculture. For complete classification of this Act to the 
Code, see Short Title note set out under section 601 of Title 7 and 
Tables.

                          Codification

    Section was enacted as part of the Federal Agriculture Improvement 
and Reform Act of 1996, and not as part of the Soil and Water Resources 
Conservation Act of 1977 which comprises this chapter.
