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43 U.S.C. § 1752 — Grazing leases and permits
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315&num=0&edition=prelim) et seq.) or the Act of August 28, 1937 (50 Stat. 874, as amended; [43 U.S.C. 1181a–118](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1181a–118&num=0&edition=prelim)1j),11 See References in Text note below. 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 tha
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Source file: Laws/federal/codes/united-states-code/title-43/section-1752-grazing-leases-and-permits--1b08534556.md
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Source location: Title 43, Chapter 35, § 1752; chapter-035-federal-land-policy-and-management.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315&num=0&edition=prelim) et seq.) or the Act of August 28, 1937 (50 Stat. 874, as amended; [43 U.S.C. 1181a–118](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1181a–118&num=0&edition=prelim)1j),11 See References in Text note below. 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**
(1) **Renewal of expiring or transferred permit or lease** — During any period in which (A) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1712&num=0&edition=prelim) or [section 1604 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1604&num=0&edition=prelim), (B) 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 (C) 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.
(2) **Continuation of terms under new permit or lease** — The terms and conditions in a grazing permit or lease that has expired, or was terminated due to a grazing preference transfer, shall be continued under a new permit or lease until the date on which the Secretary concerned completes any environmental analysis and documentation for the permit or lease required under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.) and other applicable laws.
(3) **Completion of processing** — As of the date on which the Secretary concerned completes the processing of a grazing permit or lease in accordance with paragraph (2), the permit or lease may be canceled, suspended, or modified, in whole or in part.
(4) **Environmental reviews** — The Secretary concerned shall seek to conduct environmental reviews on an allotment or multiple allotment basis, to the extent practicable, if the allotments share similar ecological conditions, for purposes of compliance with the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.) and other applicable laws.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1753&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1901&num=0&edition=prelim) 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) National Environmental Policy Act of 1969**
(1) **In general** — The issuance of a grazing permit or lease by the Secretary concerned may be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.) if—
(A) the issued permit or lease continues the current grazing management of the allotment; and
(B) the Secretary concerned—
(i) has assessed and evaluated the grazing allotment associated with the lease or permit; and
(ii) based on the assessment and evaluation under clause (i), has determined that the allotment—
(I) with respect to public land administered by the Secretary of the Interior—
(aa) is meeting land health standards; or
(bb) is not meeting land health standards due to factors other than existing livestock grazing; or
(II) with respect to National Forest System land administered by the Secretary of Agriculture—
(aa) is meeting objectives in the applicable land and resource management plan; or
(bb) is not meeting the objectives in the applicable land resource management plan due to factors other than existing livestock grazing.
(2) **Trailing and crossing** — The trailing and crossing of livestock across public land and National Forest System land and the implementation of trailing and crossing practices by the Secretary concerned may be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.).
**(i) Priority and timing for completion of environmental analyses** The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis with respect to a grazing allotment, permit, or lease based on—
(1) the environmental significance of the grazing allotment, permit, or lease; and
(2) the available funding for the environmental analysis.
**(j) 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.
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Federal law — U.S. Code and appendices · legal_authorities
In order to promote the highest use of the public lands pending its final disposal, the Secretary of the Interior is authorized, in his discretion, by order to establish grazing districts or additions thereto and/or to modify the boundaries thereof, of vacant, unappropriated, and unreserved lands from any part of the public domain of the United States (exclusive of Alaska), which are not in national forests, national parks and monuments, Indian reservations, revested Oregon and California Railroad grant lands, or revested Coos Bay Wagon Road grant lands, and which in his opinion are chiefly valuable for grazing and raising forage crops: Provided, That no lands withdrawn or reserved for any other purpose shall be included in any such district except with the approval of the head of the department having jurisdiction thereof. Nothing in this subchapter shall be construed in any way to diminish, restrict, or impair any right which has been heretofore or may be hereafter initiated under existing law validly affecting the public lands, and which is maintained pursuant to such law except as otherwise expressly provided in this subchapter nor to affect any land heretofore or hereafter surveyed which, except for the provisions of this subchapter, would be a part of any grant to any State, nor as limiting or restricting the power or authority of any State as to matters within its jurisdiction. Whenever any grazing district is established pursuant to this subchapter, the Secretary shall grant to owners of land adjacent to such district, upon application of any such owner, such rights-of-way over the lands included in such district for stock-driving purposes as may be necessary for the convenient access by any such owner to marketing facilities or to lands not within such district
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 315
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Federal law — U.S. Code and appendices · legal_authorities
**(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,11 So in original. 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 Decem
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1901
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 94–579, title IV, § 403, Oct. 21, 1976, 90 Stat. 2775; Pub. L. 95–514, § 10, Oct. 25, 1978, 92 Stat. 1808, provided for the establishment and maintenance of grazing advisory boards and expired on Dec. 31, 1985.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1753
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Development, maintenance, and revision by Secretary as part of program; coordination** As a part of the Program provided for by [section 1602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1602&num=0&edition=prelim), the Secretary shall develop, maintain, and, as appropriate, revise land and resource management plans for units of the National Forest System, coordinated with the land and resource management planning processes of State and local governments and other Federal agencies.
**(b) Criteria** In the development and maintenance of land management plans for use on units of the National Forest System, the Secretary shall use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences.
**(c) Incorporation of standards and guidelines by Secretary; time of completion; progress reports; existing management plans** The Secretary shall begin to incorporate the standards and guidelines required by this section in plans for units of the National Forest System as soon as practicable after October 22, 1976, and shall attempt to complete such incorporation for all such units by no later than September 30, 1985. The Secretary shall report to the Congress on the progress of such incorporation in the annual report required by [section 1606(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1606/c&num=0&edition=prelim). Until such time as a unit of the National Forest System is managed under plans developed in accordance with this subchapter, the management of such unit may continue under existing land and resource management plans.
**(d) Public participation and consultation**
(1) **In general** — The Secretary shal
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1604
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 28, 1937, ch. 876, title I, § 3, 50 Stat. 875, related to classification and reclassification of lands as more suitable for agricultural use.
#### Effective Date of Repeal
Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787, provided that the repeal made by section 702 is effective on and after Oct. 21, 1976, except such effective date to be on and after tenth anniversary of date of approval of this Act, Oct. 21, 1976, insofar as homestead laws apply to public lands in Alaska.
#### Savings Provision
Repeal by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under [section 1701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1701&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1181c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Development, maintenance, and revision by Secretary** The Secretary shall, with public involvement and consistent with the terms and conditions of this Act, develop, maintain, and, when appropriate, revise land use plans which provide by tracts or areas for the use of the public lands. Land use plans shall be developed for the public lands regardless of whether such lands previously have been classified, withdrawn, set aside, or otherwise designated for one or more uses.
**(b) Coordination of plans for National Forest System lands with Indian land use planning and management programs for purposes of development and revision** In the development and revision of land use plans, the Secretary of Agriculture shall coordinate land use plans for lands in the National Forest System with the land use planning and management programs of and for Indian tribes by, among other things, considering the policies of approved tribal land resource management programs.
**(c) Criteria for development and revision** In the development and revision of land use plans, the Secretary shall—
(1) use and observe the principles of multiple use and sustained yield set forth in this and other applicable law;
(2) use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences;
(3) give priority to the designation and protection of areas of critical environmental concern;
(4) rely, to the extent it is available, on the inventory of the public lands, their resources, and other values;
(5) consider present and potential uses of the public lands;
(6) consider the relative scarcity of the values involved and the availability of alternative means (including recycling) and sites for realization of those values;
(7) weigh lo
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1712
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1)
(A) Within 1 year after August 4, 1993, the Secretary shall make any revisions in the existing management plan for the conservation area as necessary to assure its conformance with this subchapter, and no later than January 1, 1996, shall finalize a new management plan for the conservation area.
(B) Thereafter, the Secretary shall review the plan at least once every 5 years and shall make such revisions as may be necessary or appropriate.
(C) In reviewing and revising the plan, the Secretary shall provide for appropriate public participation.
(2) Except as otherwise specifically provided in [section 460iii–2(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section460iii–2/d&num=0&edition=prelim) and subsections (d), (e), and (f) of this section, the Secretary shall allow only such uses of lands in the conservation area as the Secretary determines will further the purposes for which the conservation area is established.
**(b) Management guidance** After each review pursuant to subsection (a), the Secretary shall make such revisions as may be needed so that the plan and management program to implement the plan include, in addition to any other necessary or appropriate provisions, provisions for—
(1) protection for the raptor populations and habitats and the scientific, cultural, and educational resources and values of the public lands in the conservation area;
(2) identifying levels of continued military use of the Orchard Training Area compatible with paragraph (1) of this subsection;
(3) public use of the conservation area consistent with the purposes of this subchapter;
(4) interpretive and educational opportunities for the public;
(5) a program for continued scientific investigation and stud
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 460iii–3
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Federal law — U.S. Code and appendices · legal_authorities
Page 6095
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4321
Sec.
4368a.
Utilization of talents of older Americans in
projects of pollution prevention, abate-
ment, and control.
4368b.
General assistance program.
4369.
Miscellaneous reports.
4369a.
Reports on environmental research and devel-
opment activities of Agency.
4370.
Reimbursement for use of facilities.
4370a.
Assistant Administrators of Environmental
Protection Agency; appointment; duties.
4370b.
Availability of fees and charges to carry out
Agency programs.
4370c.
Environmental Protection Agency fees.
4370d.
Percentage of Federal funding for organiza-
tions owned by socially and economically
disadvantaged individuals.
4370e.
Working capital fund in Treasury.
4370f.
Availability of funds after expiration of pe-
riod for liquidating obligations.
4370g.
Availability of funds for uniforms and certain
services.
4370h.
Availability of funds for facilities.
4370i.
Regional liaisons for minority, tribal, and
low-income communities.
4370j.
Municipal Ombudsman.
SUBCHAPTER IV—FEDERAL PERMITTING
IMPROVEMENT
4370m.
Definitions.
4370m–1. Federal Permitting Improvement Steering
Council.
4370m–2. Permitting process improvement.
4370m–3. Interstate compacts.
4370m–4. Coordination of required reviews.
4370m–5. Delegated State permitting programs.
4370m–6. Litigation, judicial review, and savings provi-
sion.
4370m–7. Reports.
4370m–8. Funding for governance, oversight, and proc-
essing of environmental reviews and per-
mits.
4370m–9. Application.
4370m–10. GAO report.
4370m–11. Savings provision.
4370m–12. Repealed.
§ 4321. Congressional declaration of purpose
The purposes of this chapter are: To declare a
national policy which will encourage productive
and enjoyable harmony
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4321
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1181a was editorially reclassified as [section 2601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2601&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1181a
Stored review status: release_metadata_unconfirmed. The source passage cites 43 U.S.C. § 1181a. This identifies an authority to review, not proof of applicability.