43 U.S.C. § 1901 — Congressional findings and declaration of

Page 608 TITLE 43—PUBLIC LANDS § 1865 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 16th item on page 111 of House Document No. 103–7. § 1865. Investigation of reserves of oil and gas in Outer Continental Shelf The Secretary of the Interior shall conduct a continuing investigation to determine an esti- mate of the total discovered crude oil and nat- ural gas reserves by fields (including proved and indicated reserves) and undiscovered crude oil and natural gas resources (including hypo- thetical and speculative resources) of the Outer Continental Shelf. The Secretary of the Interior shall provide a biennial report to Congress on June 30 of every odd numbered year on the results of such inves- tigation. (Pub. L. 95–372, title VI, § 606, as added Pub. L. 99–367, § 2(c), July 31, 1986, 100 Stat. 774.) Editorial Notes PRIOR PROVISIONS A prior section 1865, Pub. L. 95–372, title VI, § 606, Sept. 18, 1978, 92 Stat. 696, directed Secretary of the In- terior to conduct a continuing investigation of reserves of oil and gas in the Outer Continental Shelf, specified items to be included in the investigation, provided for initial and subsequent reports to Congress, and re- quired consultation with the Federal Trade Commis- sion and information to be made available to the Fed- eral Trade Commission, prior to repeal by Pub. L. 99–367, § 2(c). Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in this section relating to the requirement that the Secretary of the Interior provide a biennial report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 17th item on page 111 of House Document No. 103–7. § 1866. Relationship to existing law (a) Except as otherwise expressly provided in this chapter, nothing in this chapter shall be construed to amend, modify, or repeal any pro- vision of the Coastal Zone Management Act of 1972 [16 U.S.C. 1451 et seq.], the National Envi- ronmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], the Mining and Mineral Policy Act of 1970 [30 U.S.C. 21a], or any other Act. (b) Nothing in this chapter or any amendment made by this Act to the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or any other Act shall be construed to affect or modify the provisions of the Department of Energy Organi- zation Act (42 U.S.C. 7101 et seq.) which provide for the transferring and vesting of functions to and in the Secretary of Energy or any compo- nent of the Department of Energy. (Pub. L. 95–372, title VI, § 608, Sept. 18, 1978, 92 Stat. 698.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–372, Sept. 18, 1978, 92 Stat. 629, known as the Outer Continental Shelf Lands Act Amendments of 1978, which enacted this chapter, sections 1344 to 1356 of this title, and section 237 of Title 30, Mineral Lands and Mining, amended sections 1331 to 1334, 1337, 1340, and 1343 of this title, sections 1456, 1456a, and 1464 of Title 16, Conservation, and sec- tion 6213 of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under sections 1348 and 1811 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. The Coastal Zone Management Act of 1972, referred to in subsec. (a), is title III of Pub. L. 89–454 as added by Pub. L. 92–583, Oct. 27, 1972, 86 Stat. 1280, which is clas- sified generally to chapter 33 (§ 1451 et seq.) of Title 16. For complete classification of this Act to the Code, see Short Title note set out under section 1451 of Title 16 and Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under 4321 of Title 42 and Tables. The Mining and Mineral Policy Act of 1970, referred to in subsec. (a), is Pub. L. 91–631, Dec. 31, 1970, 84 Stat. 1876, which is classified to section 21a of Title 30, Min- eral Lands and Mining. This Act, referred to in subsec. (b), is Pub. L. 95–372, Sept. 18, 1978, 92 Stat. 629. See note above. The Outer Continental Shelf Lands Act, referred to in subsec. (b), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. The Department of Energy Organization Act, referred to in subsec. (b), is Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, which is classified principally to chapter 84 (§ 7101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of Title 42 and Tables. CHAPTER 37—PUBLIC RANGELANDS IMPROVEMENT Sec. 1901. Congressional findings and declaration of pol- icy. 1902. Definitions. 1903. Rangelands inventory and management; pub- lic availability. 1904. Range improvement funding. 1905. Grazing fees; economic value of use of land; fair market value components; annual per- centage change limitation. 1906. Authority for cooperative agreements and payments effective as provided in appro- priations. 1907. National Grasslands; exemptions. 1908. Experimental stewardship program. § 1901. Congressional findings and declaration of policy (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 condi- tion; (2) such rangelands will remain in an unsat- isfactory condition and some areas may de- cline further under present levels of, and fund- ing for, management; (3) unsatisfactory conditions on public rangelands present a high risk of soil loss, Page 609 TITLE 43—PUBLIC LANDS § 1902 1 So in original. desertification,1 and a resultant underproductivity for large acreages of the public lands; contribute significantly to unac- ceptable levels of siltation and salinity in major western watersheds including the Colo- rado 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 es- thetic 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 val- ues; (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, 16 U.S.C. 1331 et seq.), continues to be success- ful in its goal of protecting wild free-roaming horses and burros from capture, branding, har- assment, and death, but that certain amend- ments 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 capac- ity of the range, pose a threat to their own habitat, fish, wildlife, recreation, water and soil conservation, domestic livestock 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 1711(a) of this title; (2) manage, maintain and improve the condi- tion of the public rangelands so that they be- come as productive as feasible for all range- land values in accordance with management objectives and the land use planning process established pursuant to section 1712 of this title; (3) charge a fee for public grazing use which is equitable and reflects the concerns ad- dressed 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 dis- posal of excess wild free-roaming horses and burros which pose a threat to themselves and their habitat and to other rangeland values; (c) The policies of this chapter shall become effective only as specific statutory authority for their implementation is enacted by this chapter or by subsequent legislation, and shall be con- strued as supplemental to and not in derogation of the purposes for which public rangelands are administered under other provisions of law. (Pub. L. 95–514, § 2, Oct. 25, 1978, 92 Stat. 1803.) Editorial Notes REFERENCES IN TEXT Act of December 15, 1971, referred to in subsec. (a)(6), is Pub. L. 92–195, Dec. 15, 1971, 85 Stat. 649, popularly known as the Wild Free-Roaming Horses and Burros Act, which is classified generally to chapter 30 (§ 1331 et seq.) of Title 16, Conservation. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1331 of Title 16 and Tables. This chapter, referred to in subsec. (c), was in the original ‘‘this Act’’, meaning Pub. L. 95–514, Oct. 25, 1978, 92 Stat. 1803, which enacted this chapter and amended sections 1739 and 1751 to 1753 of this title and sections 1332 and 1333 of Title 16. For complete classi- fication of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 95–514, § 1, Oct. 25, 1978, 92 Stat. 1803, provided: ‘‘That this Act [enacting this chapter and amending sections 1739 and 1751 to 1753 of this title and sections 1332 and 1333 of Title 16, Conservation] may be cited as the ‘Public Rangelands Improvement Act of 1978’.’’ § 1902. Definitions As used in this chapter— (a) The terms ‘‘rangelands’’ or ‘‘public range- lands’’ means lands administered by the Sec- retary of the Interior through the Bureau of Land Management or the Secretary of Agri- culture through the Forest Service in the six- teen contiguous Western States on which there is domestic livestock grazing or which the Sec- retary concerned determines may be suitable for domestic livestock grazing. (b) The term ‘‘allotment management plan’’ is the same as defined in section 1702(k) of this title, except that as used in this chapter 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 spe- cific vegetative areas to support various levels of productivity in accordance with range man- agement objectives and the land use planning process, and relates to soil quality, forage val- ues (whether seasonal or year round), wildlife habitat, watershed and plant communities, the present state of vegetation of a range site in re- lation to the potential plant community for that site, and the relative degree to which the kinds, proportions, and amounts of vegetation in a plant community resemble that of the de- sired community for that site. (e) The term ‘‘native vegetation’’ means those plant species, communities, or vegetative asso- ciations which are endemic to a given area and