43 U.S.C. § 1904 — Range improvement funding

Page 610 TITLE 43—PUBLIC LANDS § 1903 which would normally be identified with a healthy and productive range condition occur- ring as a result of the natural vegetative process of the area. (f) The term ‘‘range improvement’’ means any activity or program on or relating to rangelands which is designed to improve production of for- age; change vegetative composition; control pat- terns of use; provide water; stabilize soil and water conditions; and provide habitat for live- stock and wildlife. The term includes, but is not limited to, structures, treatment projects, and use of mechanical means to accomplish the de- sired results. (g) The term ‘‘court ordered environmental impact statement’’ means any environmental statements which are required to be prepared by the Secretary of the Interior pursuant to the final judgment or subsequent modification thereof as set forth on June 18, 1975, in the mat- ter of Natural Resources Defense Council against Andrus. (h) The term ‘‘Secretary’’ unless specifically designated otherwise, means the Secretary of the Interior. (i) The term ‘‘sixteen contiguous Western States’’ means the States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming. (Pub. L. 95–514, § 3, Oct. 25, 1978, 92 Stat. 1804.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in opening provision and in subsec. (b), 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, Con- servation. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. § 1903. Rangelands inventory and management; public availability (a) Following enactment of this chapter, the Secretary of the Interior and the Secretary of Agriculture shall update, develop (where nec- essary) and maintain on a continuing basis thereafter, an inventory of range conditions and record of trends of range conditions on the pub- lic rangelands, and shall categorize or identify such lands on the basis of the range conditions and trends thereof as they deem appropriate. Such inventories shall be conducted and main- tained by the Secretary as a part of the inven- tory process required by section 201(a) of the Federal Land Policy and Management Act (43 U.S.C. 1711), and by the Secretary of Agriculture in accordance with section 1603 of title 16; shall be kept current on a regular basis so as to re- flect changes in range conditions; and shall be available to the public. (b) The Secretary shall manage the public rangelands in accordance with the Taylor Graz- ing Act (43 U.S.C. 315–315(o)), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701–1782), and other applicable law consistent with the public rangelands improvement pro- gram pursuant to this chapter. Except where the land use planning process required pursuant to section 202 of the Federal Land Policy and Man- agement Act (43 U.S.C. 1712) determines other- wise or the Secretary determines, and sets forth his reasons for this determination, that grazing uses should be discontinued (either temporarily or permanently) on certain lands, the goal of such management shall be to improve the range conditions of the public rangelands so that they become as productive as feasible in accordance with the rangeland management objectives es- tablished through the land use planning process, and consistent with the values and objectives listed in sections 1901(a) and (b)(2) of this title. (Pub. L. 95–514, § 4, Oct. 25, 1978, 92 Stat. 1805.) Editorial Notes REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (b), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. The Taylor Grazing Act, referred to in subsec. (b), is act June 28, 1934, ch. 865, 48 Stat. 1269, which is classi- fied principally to subchapter I (§ 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. § 1904. Range improvement funding (a) Authorization of additional appropriations In order to accomplish the purposes of this chapter, there are hereby authorized to be ap- propriated the sum of an additional $15,000,000 annually in fiscal years 1980 through 1982; for fis- cal years 1983 through 1986 an amount no less than the amount authorized for 1982; and for fis- cal years 1987 through 1999 an amount not less than $5,000,000 annually more than the amount authorized for fiscal year 1986. Such funds shall be in addition to any range, wildlife, and soil and water management moneys which have been requested by the Secretary under the provisions of section 1748 of this title, and in addition to the moneys which are available for range im- provements under section 1751 of this title. (b) Availability of unappropriated funds for sub- sequent fiscal years Any amounts authorized by this section not appropriated in one or more fiscal years shall be available for appropriation in any subsequent years. (c) Fund limitations for prescribed uses; dis- tribution, consultation and coordination; public hearings and meetings; interested par- ties; priority of cooperative agreements with range users No less than 80 per centum of such funds pro- vided herein shall be used for on-the-ground range rehabilitation, maintenance and the con- struction of range improvements (including project layout, project design, and project super- vision). No more than 15 per centum of such funds provided herein shall be used to hire and train such experienced and qualified personnel as are necessary to implement on-the-ground su- 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.)