43 U.S.C. § 1905 — Grazing fees; economic value of use of

Page 611 TITLE 43—PUBLIC LANDS § 1907 pervision and enforcement of the land use plans required pursuant to section 1712 of this title and such allotment management plans as may be developed. Such funds shall be distributed as the Secretary deems advisable after careful and considered consultation and coordination, in- cluding public hearings and meetings where ap- propriate, with the district grazing advisory boards established pursuant to section 1753 of this title, and the advisory councils established pursuant to section 1739 of this title, range user representatives, and other interested parties. To the maximum extent practicable, and where eco- nomically sound, the Secretary shall give pri- ority to entering into cooperative agreements with range users (or user groups) for the instal- lation and maintenance of on-the-ground range improvements. (d) Environmental assessment record and envi- ronmental impact statement requirements Prior to the use of any funds authorized by this section the Secretary shall cause to have prepared an environmental assessment record on each range improvement project. Thereafter, improvement projects may be constructed un- less the Secretary determines that the project will have a significant impact on the quality of human environment, necessitating an environ- mental impact statement pursuant to the Na- tional Environmental Policy Act [42 U.S.C. 4321 et seq.] prior to the expenditure of funds. (Pub. L. 95–514, § 5, Oct. 25, 1978, 92 Stat. 1805.) Editorial Notes REFERENCES IN TEXT National Environmental Policy Act, referred to in subsec. (d), 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 Welfare. For com- plete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Ta- bles. § 1905. Grazing fees; economic value of use of land; fair market value components; annual percentage change limitation For the grazing years 1979 through 1985, the Secretaries of Agriculture and Interior shall charge the fee for domestic livestock grazing on the public rangelands which Congress finds rep- resents the economic value of the use of the land to the user, and under which Congress finds fair market value for public grazing equals the $1.23 base established by the 1966 Western Livestock Grazing Survey multiplied by the result of the Forage Value Index (computed annually from data supplied by the Economic Research Serv- ice) added to the Combined Index (Beef Cattle Price Index minus the Price Paid Index) and di- vided by 100: Provided, That the annual increase or decrease in such fee for any given year shall be limited to not more than plus or minus 25 per centum of the previous year’s fee. (Pub. L. 95–514, § 6(a), Oct. 25, 1978, 92 Stat. 1806.) Executive Documents EX. ORD. NO. 12548. GRAZING FEES Ex. Ord. No. 12548, Feb. 14, 1986, 51 F.R. 5985, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to provide for establishment of appropriate fees for the grazing of domestic livestock on public rangelands, it is ordered as follows: SECTION 1. Determination of Fees. The Secretaries of Agriculture and the Interior are directed to exercise their authority, to the extent permitted by law under the various statutes they administer, to establish fees for domestic livestock grazing on the public rangelands which annually equals the $1.23 base established by the 1966 Western Livestock Grazing Survey multiplied by the result of the Forage Value Index (computed annu- ally from data supplied by the Statistical Reporting Service) added to the Combined Index (Beef Cattle Price Index minus the Prices Paid Index) and divided by 100; provided, that the annual increase or decrease in such fee for any given year shall be limited to not more than plus or minus 25 percent of the previous year’s fee, and provided further, that the fee shall not be less than $1.35 per animal unit month. SEC. 2. Definitions. As used in this Order, the term: (a) ‘‘Public rangelands’’ has the same meaning as in the Public Rangelands Improvement Act of 1978 (Public Law 95–514) [this chapter]; (b) ‘‘Forage Value Index’’ means the weighted aver- age estimate of the annual rental charge per head per month for pasturing cattle on private rangelands in the 11 Western States (Montana, Idaho, Wyoming, Colo- rado, New Mexico, Arizona, Utah, Nevada, Washington, Oregon, and California) (computed by the Statistical Reporting Service from the June Enumerative Survey) divided by $3.65 and multiplied by 100; (c) ‘‘Beef Cattle Price Index’’ means the weighted av- erage annual selling price for beef cattle (excluding calves) in the 11 Western States (Montana, Idaho, Wyo- ming, Colorado, New Mexico, Arizona, Utah, Nevada, Washington, Oregon, and California) for November through October (computed by the Statistical Report- ing Service) divided by $22.04 per hundred weight and multiplied by 100; and (d) ‘‘Prices Paid Index’’ means the following selected components from the Statistical Reporting Service’s Annual National Index of Prices Paid by Farmers for Goods and Services adjusted by the weights indicated in parentheses to reflect livestock production costs in the Western States: 1. Fuels and Energy (14.5); 2. Farm and Motor Supplies (12.0); 3. Autos and Trucks (4.5); 4. Tractors and Self-Propelled Machinery (4.5); 5. Other Machinery (12.0); 6. Building and Fencing Materials (14.5); 7. Interest (6.0); 8. Farm Wage Rates (14.0); 9. Farm Services (18.0). SEC. 3. Any and all existing rules, practices, policies, and regulations relating to the administration of the formula for grazing fees in section 6(a) of the Public Rangelands Improvement Act of 1978 [43 U.S.C. 1905] shall continue in full force and effect. SEC. 4. This Order shall be effective immediately. RONALD REAGAN. § 1906. Authority for cooperative agreements and payments effective as provided in appropria- tions Notwithstanding any other provision of this chapter, authority to enter into cooperative agreements and to make payments under this chapter shall be effective only to the extent or in such amounts as are provided in advance in appropriation Acts. (Pub. L. 95–514, § 9, Oct. 25, 1978, 92 Stat. 1807.) § 1907. National Grasslands; exemptions All National Grasslands are exempted from the provisions of this chapter. (Pub. L. 95–514, § 11, Oct. 25, 1978, 92 Stat. 1808.)