
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC406d-2]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
               SUBCHAPTER XLIX--GRAND TETON NATIONAL PARK
 
Sec. 406d-2. Rights-of-way; continuation of leases, permits, and 
        licenses; renewal; grazing privileges
        
    With respect to those lands that are included by this subchapter and 
sections 431a, 451a, 482m, 673b, and 673c of this title within the Grand 
Teton National Park--
        (a) the Secretary of the Interior shall designate and open 
    rights-of-way, including stock driveways, over and across Federal 
    lands within the exterior boundary of the park for the movement of 
    persons and property to or from State and private lands within the 
    exterior boundary of the park and to or from national forest, State, 
    and private lands adjacent to the park. The location and use of such 
    rights-of-way shall be subject to such regulations as may be 
    prescribed by the Secretary of the Interior;
        (b) all leases, permits, and licenses issued or authorized by 
    any department, establishment, or agency of the United States with 
    respect to the Federal lands within the exterior boundary of the 
    park which are in effect on September 14, 1950, shall continue in 
    effect, subject to compliance with the terms and conditions therein 
    set forth, until terminated in accordance with the provisions 
    thereof;
        (c) where any Federal lands included within the park by this 
    subchapter and sections 431a, 451a, 482m, 673b, and 673c of this 
    title were legally occupied or utilized on September 14, 1950 for 
    residence or grazing purposes, or for other purposes not 
    inconsistent with sections 1, 2, 3, and 4 of this title, pursuant to 
    a lease, permit, or license issued or authorized by any department, 
    establishment, or agency of the United States, the person so 
    occupying or utilizing such lands, and the heirs, successors, or 
    assigns of such person, shall, upon the termination of such lease, 
    permit, or license, be entitled to have the privileges so possessed 
    or enjoyed by him renewed from time to time, subject to such terms 
    and conditions as the Secretary of the Interior shall prescribe, for 
    a period of twenty-five years from September 14, 1950 and thereafter 
    during the lifetime of such person and the lifetime of his heirs, 
    successors, or assigns but only if they were members of his 
    immediate family on such date, as determined by the Secretary of the 
    Interior: Provided, That grazing privileges appurtenant to privately 
    owned lands located within the Grand Teton National Park established 
    by this subchapter and said sections shall not be withdrawn until 
    title to lands to which such privileges are appurtenant shall have 
    vested in the United States, except for failure to comply with the 
    regulations applicable thereto after reasonable notice of default: 
    Provided further, That nothing in this subsection shall apply to any 
    lease, permit, or license for mining purposes or for public 
    accommodations and services or to any occupancy or utilization of 
    lands for purely temporary purposes. Nothing contained in this 
    subchapter and said sections shall be construed as creating any 
    vested right, title, interest, or estate in or to any Federal lands.

(Sept. 14, 1950, ch. 950, Sec. 4, 64 Stat. 850.)


                       Repeal of Inconsistent Laws

    Repeal of laws inconsistent with act Sept. 14, 1950, see note set 
out under section 406d-1 of this title.


               Grazing Study of Grand Teton National Park

    Pub. L. 105-81, Nov. 13, 1997, 111 Stat. 1537, provided that:
``SECTION 1. FINDINGS.
    ``Congress finds that--
        ``(1) open space near Grand Teton National Park continues to 
    decline;
        ``(2) as the population continues to grow in Teton County, 
    Wyoming, undeveloped land near the Park becomes more scarce;
        ``(3) the loss of open space around Teton Park has negative 
    impacts on wildlife migration routes in the area and on visitors to 
    the Park, and its repercussions can be felt throughout the entire 
    region;
        ``(4) a few ranches make up Teton Valley's remaining open space, 
    and the ranches depend on grazing in Grand Teton National Park for 
    summer range to maintain operations;
        ``(5) the Act that created Grand Teton National Park [act Feb. 
    26, 1929, ch. 331, 45 Stat. 1314, 16 U.S.C. former 406 to 406d] 
    allowed several permittees to continue livestock grazing in the Park 
    for the life of a designated heir in the family;
        ``(6) some of the last remaining heirs have died, and as a 
    result the open space around the Park will most likely be subdivided 
    and developed;
        ``(7) in order to develop the best solution to protect open 
    space immediately adjacent to Grand Teton National Park, the Park 
    Service should conduct a study of open space in the region; and
        ``(8) the study should develop workable solutions that are 
    fiscally responsible and acceptable to the National Park Service, 
    the public, local government, and landowners in the area.
``SEC. 2. STUDY OF GRAZING USE AND OPEN SPACE.
    ``(a) In General.--The Secretary of the Interior shall conduct a 
study concerning grazing use and open space in Grand Teton National 
Park, Wyoming, and associated use of certain agricultural and ranch 
lands within and adjacent to the Park, including--
        ``(1) base land having appurtenant grazing privileges within 
    Grand Teton National Park, Wyoming, remaining after January 1, 1990, 
    under the Act entitled `An Act to establish a new Grand Teton 
    National Park in the State of Wyoming, and for other purposes', 
    approved September 14, 1950 (16 U.S.C. 406d-1 et seq.); and
        ``(2) any ranch and agricultural land adjacent to the Park, the 
    use and disposition of which may affect accomplishment of the 
    purposes of the Act.
    ``(b) Purpose.--The study shall--
        ``(1) assess the significance of the ranching use and pastoral 
    character of the land (including open vistas, wildlife habitat, and 
    other public benefits);
        ``(2) assess the significance of that use and character to the 
    purposes for which the Park was established and identify any need 
    for preservation of, and practicable means of, preserving the land 
    that is necessary to protect that use and character;
        ``(3) recommend a variety of economically feasible and viable 
    tools and techniques to retain the pastoral qualities of the land; 
    and
        ``(4) estimate the costs of implementing any recommendations 
    made for the preservation of the land.
    ``(c) Participation.--In conducting the study, the Secretary of the 
Interior shall seek participation from the Governor of the State of 
Wyoming, the Teton County Commissioners, the Secretary of Agriculture, 
affected land owners, and other interested members of the public.
    ``(d) Report.--Not later than 3 years from the date funding is 
available for the purposes of this Act, the Secretary of the Interior 
shall submit a report to Congress that contains the findings of the 
study under subsection (a) and makes recommendations to Congress 
regarding action that may be taken with respect to the land described in 
subsection (a).
``SEC. 3. EXTENSION OF GRAZING PRIVILEGES.
    ``(a) In General.--Subject to subsection (b), the Secretary of the 
Interior shall reinstate and extend for the duration of the study 
described in section 2(a) and until such time as the recommendations of 
the study are implemented, the grazing privileges described in section 
2(a)(1), under the same terms and conditions as were in effect prior to 
the expiration of the privileges.
    ``(b) Effect of Change in Land Use.--If, during the period of the 
study or until such time as the recommendations of the study are 
implemented, any portion of the land described in section 2(a)(1) is 
disposed of in a manner that would result in the land no longer being 
used for ranching or other agricultural purposes, the Secretary of the 
Interior shall cancel the extension described in subsection (a).''
