
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC1752]

 
                         TITLE 43--PUBLIC LANDS
 
             CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
 
                     SUBCHAPTER IV--RANGE MANAGEMENT
 
Sec. 1752. Grazing leases and permits


(a) Terms and conditions

    Except as provided in subsection (b) of this section, permits and 
leases for domestic livestock grazing on public lands issued by the 
Secretary under the Act of June 28, 1934 (48 Stat. 1269, as amended; 43 
U.S.C. 315 et seq.) or the Act of August 28, 1937 (50 Stat. 874, as 
amended; 43 U.S.C. 1181a-1181j), or by the Secretary of Agriculture, 
with respect to lands within National Forests in the sixteen contiguous 
Western States, shall be for a term of ten years subject to such terms 
and conditions the Secretary concerned deems appropriate and consistent 
with the governing law, including, but not limited to, the authority of 
the Secretary concerned to cancel, suspend, or modify a grazing permit 
or lease, in whole or in part, pursuant to the terms and conditions 
thereof, or to cancel or suspend a grazing permit or lease for any 
violation of a grazing regulation or of any term or condition of such 
grazing permit or lease.

(b) Terms of lesser duration

    Permits or leases may be issued by the Secretary concerned for a 
period shorter than ten years where the Secretary concerned determines 
that--
        (1) the land is pending disposal; or
        (2) the land will be devoted to a public purpose prior to the 
    end of ten years; or
        (3) it will be in the best interest of sound land management to 
    specify a shorter term: Provided, That the absence from an allotment 
    management plan of details the Secretary concerned would like to 
    include but which are undeveloped shall not be the basis for 
    establishing a term shorter than ten years: 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.

(c) First priority for renewal of expiring permit or lease

    So long as (1) the lands for which the permit or lease is issued 
remain available for domestic livestock grazing in accordance with land 
use plans prepared pursuant to section 1712 of this title or section 
1604 of title 16, (2) the permittee or lessee is in compliance with the 
rules and regulations issued and the terms and conditions in the permit 
or lease specified by the Secretary concerned, and (3) the permittee or 
lessee accepts the terms and conditions to be included by the Secretary 
concerned in the new permit or lease, the holder of the expiring permit 
or lease shall be given first priority for receipt of the new permit or 
lease.

(d) Allotment management plan requirements

    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 
completion 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 consultation, 
cooperation and coordination with the lessees, permittees, and 
landowners involved, the district grazing advisory boards established 
pursuant to section 1753 of this title, and any State or States having 
lands within the area to be covered by such allotment management 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 
improving 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 
environmental impact statement'' and ``range condition'' shall be 
defined as in the ``Public Rangelands Improvement Act of 1978 [43 U.S.C. 
1901 et seq.]''.

(e) Omission of allotment management plan requirements and incorporation 
        of appropriate terms and conditions; reexamination of range 
        conditions

    In all cases where the Secretary concerned has not completed an 
allotment management plan or determines that an allotment management 
plan is not necessary for management of livestock operations and will 
not be prepared, the Secretary concerned shall incorporate in grazing 
permits and leases such terms and conditions as he deems appropriate for 
management of the permitted or leased lands pursuant to applicable law. 
The Secretary concerned shall also specify therein the numbers of 
animals to be grazed and the seasons of use and that he may reexamine 
the condition of the range at any time and, if he finds on reexamination 
that the condition of the range requires adjustment in the amount or 
other aspect of grazing use, that the permittee or lessee shall adjust 
his use to the extent the Secretary concerned deems necessary. Such 
readjustment shall be put into full force and effect on the date 
specified by the Secretary concerned.

(f) Allotment management plan applicability to non-Federal lands; appeal 
        rights

    Allotment management plans shall not refer to livestock operations 
or range improvements on non-Federal lands except where the non-Federal 
lands are intermingled with, or, with the consent of the permittee or 
lessee involved, associated with, the Federal lands subject to the plan. 
The Secretary concerned under appropriate regulations shall grant to 
lessees and permittees the right of appeal from decisions which specify 
the terms and conditions of allotment management plans. The preceding 
sentence of this subsection shall not be construed as limiting any other 
right of appeal from decisions of such officials.

(g) Cancellation of permit or lease; determination of reasonable 
        compensation; notice

    Whenever a permit or lease for grazing domestic livestock is 
canceled in whole or in part, in order to devote the lands covered by 
the permit or lease to another public purpose, including disposal, the 
permittee or lessee shall receive from the United States a reasonable 
compensation for the adjusted value, to be determined by the Secretary 
concerned, of his interest in authorized permanent improvements placed 
or constructed by the permittee or lessee on lands covered by such 
permit or lease, but not to exceed the fair market value of the 
terminated portion of the permittee's or lessee's interest therein. 
Except in cases of emergency, no permit or lease shall be canceled under 
this subsection without two years' prior notification.

(h) Applicability of provisions to rights, etc., in or to public lands 
        or lands in National Forests

    Nothing in this Act shall be construed as modifying in any way law 
existing on October 21, 1976, with respect to the creation of right, 
title, interest or estate in or to public lands or lands in National 
Forests by issuance of grazing permits and leases.

(Pub. L. 94-579, title IV, Sec. 402, Oct. 21, 1976, 90 Stat. 2772, 2773; 
Pub. L. 95-514, Secs. 7, 8, Oct. 25, 1978, 92 Stat. 1807.)

                       References in Text

    Act of June 28, 1934, referred to in subsec. (a), is act June 28, 
1934, ch. 865, 48 Stat. 1269, as amended, known as the Taylor Grazing 
Act, 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.
    Act of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a-1181j), 
referred to in subsec. (a), is act Aug. 28, 1937, ch. 876, 50 Stat. 874, 
as amended, which enacted sections 1181a to 1181f of this title. 
Sections 1181f-1 to 1181f-4, included within the parenthetical reference 
to sections 1181a to 1181j, were enacted by Act May 24, 1939, ch. 144, 
53 Stat. 753. Sections 1181g to 1181j, also included within the 
parenthetical reference to sections 1181a to 1181j, were enacted by act 
June 24, 1954, ch. 357, 68 Stat. 270. Section 1181c, also included 
within the parenthetical reference to sections 1181a to 1181j, was 
repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat. 
2787. For complete classification of these Acts to the Code, see Tables.
    The Public Rangelands Improvement Act of 1978, referred to in 
subsec. (d), is Pub. L. 95-514, Oct. 25, 1978, 92 Stat. 1803, which is 
classified principally to chapter 37 (Sec. 1901 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1901 of this title and Tables.
    This Act, referred to in subsec. (h), is Pub. L. 94-579, Oct. 21, 
1976, 90 Stat. 2743, as amended, known as the Federal Land Policy and 
Management Act of 1976. For complete classification of this Act to the 
Code, see Tables.


                               Amendments

    1978--Subsec. (a). Pub. L. 95-514, Sec. 7(b), substituted ``sixteen 
contiguous Western States'' for ``eleven contiguous Western States''.
    Subsec. (b)(3). Pub. L. 95-514, Sec. 7(a), inserted provision that 
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 information therein would be necessary to 
determine whether a shorter term should be established for any of the 
specified reasons.
    Subsec. (d). Pub. L. 95-514, Sec. 8(a), struck out ``, with the 
exceptions authorized in subsection (e) of this section, on and after 
October 1, 1988,'' after ``pursuant to this section'' and inserted 
provisions prohibiting any requirements for completion of court ordered 
environmental impact statements prior to development and incorporation 
of allotment plans from being superseded by subsec. (d), providing for 
careful and considered consultation, cooperation, and coordination with 
certain persons, including landowners involved, district grazing 
advisory boards and States having lands within the covered area and for 
tailoring allotment management plans to the specific range condition of 
the covered area and periodic review thereof, authorizing the Secretary 
to terminate or develop the plans after review and careful and 
considered consultation, cooperation, and coordination with the parties 
involved, and defining ``court ordered environmental impact statement'' 
and ``range condition''.
    Subsec. (e). Pub. L. 95-514, Sec. 8(b), substituted introductory 
word ``In'' for ``Prior to October 1, 1988, or thereafter, in''.


 Appeals of Reductions in Grazing Allotments on Public Rangeland; Time; 
 Effective Date of Reductions; Suspension Pending Final Action on Appeal

    Provisions requiring appeals of reductions in grazing allotments on 
public rangelands to be taken within a certain time period; providing 
that reductions of up to 10 per centum in grazing allotments are 
effective when so designated by the Secretary; suspending proposed 
reductions in excess of 10 per centum pending final action on appeals; 
and requiring final action on appeals to be completed within 2 years of 
filing of the appeal were contained in the following appropriation acts:
    Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1378.
    Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 993.
    Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1917.
    Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 704.
    Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1776.
    Pub. L. 100-202, Sec. 101(g) [title I], Dec. 22, 1987, 101 Stat. 
1329-213, 1329-216.
    Pub. L. 99-500, Sec. 101(h) [title I], Oct. 18, 1986, 100 Stat. 
1783-242, 1783-245, and Pub. L. 99-591, Sec. 101(h) [title I], Oct. 30, 
1986, 100 Stat. 3341-242, 3341-245.
    Pub. L. 99-190, Sec. 101(d) [title I], Dec. 19, 1985, 99 Stat. 1224, 
1226.
    Pub. L. 98-473, title I, Sec. 101(c) [title I], Oct. 12, 1984, 98 
Stat. 1837, 1840.
    Pub. L. 98-146, title I, Nov. 4, 1983, 97 Stat. 921.
    Pub. L. 97-394, title I, Dec. 30, 1982, 96 Stat. 1968.
    Pub. L. 97-100, title I, Dec. 23, 1981, 95 Stat. 1393.
    Pub. L. 96-514, title I, Dec. 12, 1980, 94 Stat. 2959.
    Pub. L. 96-126, title I, Nov. 27, 1979, 93 Stat. 956.

                  Section Referred to in Other Sections

    This section is referred to in title 16 section 460iii-3; title 25 
section 640d-26.
