43 U.S.C. § 1751 — Grazing fees; feasibility study; contents;

Page 567 TITLE 43—PUBLIC LANDS § 1751 1 See References in Text note below. 2 So in original. Probably means ‘‘4332(2)(C)’’. the Committee on Agriculture of the House of Representatives, the Committee on Natural Re- sources of the House of Representatives, the Committee on Agriculture, Nutrition, and For- estry of the Senate, and the Committee on En- ergy and Natural Resources of the Senate a jointly written report on— (1) the number of acres of Federal land treat- ed by the Secretary or the Secretary of the In- terior for wildfire, insect infestation, or dis- ease prevention; (2) the number of acres of Federal land cat- egorized as a high or extreme fire risk; (3) the total timber production from Federal land; (4) the number of acres and average fire in- tensity of wildfires affecting Federal land treated for wildfire, insect infestation, or dis- ease prevention; (5) the number of acres and average fire in- tensity of wildfires affecting Federal land not treated for wildfire, insect infestation, or dis- ease prevention; (6) the Federal response time for each fire on greater than 25,000 acres; (7) the number of miles of roads and trails on Federal land in need of maintenance; (8) the number of miles of roads on Federal land in need of decommissioning; (9) the maintenance backlog, as of the date of the report, for roads, trails, and rec- reational facilities on Federal land; (10) other measures needed to maintain, im- prove, or restore water quality on Federal land; and (11) other measures needed to improve eco- system function or resiliency on Federal land. (Pub. L. 115–334, title VIII, § 8706, Dec. 20, 2018, 132 Stat. 4880.) Editorial Notes CODIFICATION Section was enacted as part of the Agriculture Im- provement Act of 2018, and not as part of the Federal Land Policy and Management Act of 1976 which com- prises this chapter. Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ means the Secretary of Agriculture, see section 2 of Pub. L. 115–334, set out as a note under sec- tion 9001 of Title 7, Agriculture. SUBCHAPTER IV—RANGE MANAGEMENT § 1751. Grazing fees; feasibility study; contents; submission of report; annual distribution and use of range betterment funds; nature of distributions (a) The Secretary of Agriculture and the Sec- retary of the Interior shall jointly cause to be conducted a study to determine the value of grazing on the lands under their jurisdiction in the eleven Western States with a view to estab- lishing a fee to be charged for domestic live- stock grazing on such lands which is equitable to the United States and to the holders of graz- ing permits and leases on such lands. In making such study, the Secretaries shall take into con- sideration the costs of production normally as- sociated with domestic livestock grazing in the eleven Western States, differences in forage val- ues, and such other factors as may relate to the reasonableness of such fees. The Secretaries shall report the result of such study to the Con- gress not later than one year from and after Oc- tober 21, 1976, together with recommendations to implement a reasonable grazing fee schedule based upon such study. If the report required herein has not been submitted to the Congress within one year after October 21, 1976, the graz- ing fee charge then in effect shall not be altered and shall remain the same until such report has been submitted to the Congress. Neither Sec- retary shall increase the grazing fee in the 1977 grazing year. (b)(1) Congress finds that a substantial amount of the Federal range lands is deteriorating in quality, and that installation of additional range improvements could arrest much of the continuing deterioration and could lead to sub- stantial betterment of forage conditions with re- sulting benefits to wildlife, watershed protec- tion, and livestock production. Congress there- fore directs that 50 per centum or $10,000,000 per annum, whichever is greater of all moneys re- ceived by the United States as fees for grazing domestic livestock on public lands (other than from ceded Indian lands) under the Taylor Graz- ing Act (48 Stat. 1269; 43 U.S.C. 315 et seq.) and the Act of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181d),1 and on lands in National Forests in the sixteen contiguous Western States under the provisions of this section shall be credited to a separate account in the Treasury, one-half of which is authorized to be appropriated and made available for use in the district, region, or na- tional forest from which such moneys were de- rived, as the respective Secretary may direct after consultation with district, regional, or na- tional forest user representatives, for the pur- pose of on-the-ground range rehabilitation, pro- tection, and improvements on such lands, and the remaining one-half shall be used for on-the- ground range rehabilitation, protection, and im- provements as the Secretary concerned directs. Any funds so appropriated shall be in addition to any other appropriations made to the respective Secretary for planning and administration of the range betterment program and for other range management. Such rehabilitation, protec- tion, and improvements shall include all forms of range land betterment including, but not lim- ited to, seeding and reseeding, fence construc- tion, weed control, water development, and fish and wildlife habitat enhancement as the respec- tive Secretary may direct after consultation with user representatives. The annual distribu- tion and use of range betterment funds author- ized by this paragraph shall not be considered a major Federal action requiring a detailed state- ment pursuant to section 4332(c) 2 of title 42. (2) All distributions of moneys made under subsection (b)(1) shall be in addition to distribu- tions made under section 10 of the Taylor Graz- ing Act [43 U.S.C. 315i] and shall not apply to distribution of moneys made under section 11 of Page 568 TITLE 43—PUBLIC LANDS § 1752 1 See References in Text note below. that Act [43 U.S.C. 315j]. The remaining moneys received by the United States as fees for grazing domestic livestock on the public lands shall be deposited in the Treasury as miscellaneous re- ceipts. (Pub. L. 94–579, title IV, § 401(a), (b)(1), (2), Oct. 21, 1976, 90 Stat. 2772; Pub. L. 95–514, § 6(b), Oct. 25, 1978, 92 Stat. 1806.) Editorial Notes REFERENCES IN TEXT The Taylor Grazing Act (48 Stat. 1269; 43 U.S.C. 315 et seq.), referred to in subsec. (b), is act June 28, 1934, ch. 865, 48 Stat. 1269, which is classified principally to sub- chapter 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. Act of August 28, 1937, referred to in subsec. (b)(1), probably means section 4 of act Aug. 28, 1937, ch. 876, title I, 50 Stat. 875, which was formerly classified to section 1181d of this title prior to editorial reclassifica- tion as section 2603 of this title. For complete classi- fication of this Act to the Code, see Tables. CODIFICATION Subsec. (b)(2) of this section is comprised of second and third sentences of section 401(b)(2) of Pub. L. 94–579. The first sentence of such section 401(b)(2) amended section 315i(b) of this title. AMENDMENTS 1978—Subsec. (b)(1). Pub. L. 95–514 inserted ‘‘or $10,000,000 per annum, whichever is greater’’ after ‘‘50 per centum’’ and substituted ‘‘sixteen contiguous West- ern States’’ for ‘‘eleven contiguous Western States’’. Statutory Notes and Related Subsidiaries CREDIT ON GRAZING FEE FOR APPROVED CONSERVATION PRACTICES Pub. L. 118–42, div. E, title III, Mar. 9, 2024, 138 Stat. 265, provided in part: ‘‘That notwithstanding section 33 of the Bankhead[-]Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee for grazing on a National Grassland, may provide a credit of up to 50 percent of the calculated fee to a Grazing Association or direct permittee for a conserva- tion practice approved by the Secretary in advance of the fiscal year in which the cost of the conservation practice is incurred, and that the amount credited shall remain available to the Grazing Association or the di- rect permittee, as appropriate, in the fiscal year in which the credit is made and each fiscal year thereafter for use on the project for conservation practices ap- proved by the Secretary’’. Similar provisions were contained in the following prior appropriation acts: Pub. L. 117–328, div. G, title III, Dec. 29, 2022, 136 Stat. 4802. Pub. L. 117–103, div. G, title III, Mar. 15, 2022, 136 Stat. 391. Pub. L. 116–260, div. G, title III, Dec. 27, 2020, 134 Stat. 1518. Pub. L. 116–94, div. D, title III, Dec. 20, 2019, 133 Stat. 2725. Pub. L. 116–6, div. E, title III, Feb. 15, 2019, 133 Stat. 242. Pub. L. 115–141, div. G, title III, Mar. 23, 2018, 132 Stat. 671. Pub. L. 115–31, div. G, title III, May 5, 2017, 131 Stat. 477. MORATORIUM ON INCREASE OF GRAZING FEE FOR 1978 GRAZING YEAR Pub. L. 95–321, July 21, 1978, 92 Stat. 394, in order to allow the Congress sufficient time to analyze the report and recommendations of the Secretaries of Interior and Agriculture under subsec. (a) of this section and to take appropriate action, provided that the 1978 grazing year fee was not to be raised by the Secretary of the In- terior for the grazing of livestock on public lands nor by the Secretary of Agriculture for such grazing on lands under the jurisdiction of the Forest Service. § 1752. Grazing leases and permits (a) Terms and conditions Except as provided in subsection (b) of this section, permits and leases for domestic live- stock grazing on public lands issued by the Sec- retary 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),1 or by the Secretary of Agri- culture, 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 con- cerned deems appropriate and consistent with the governing law, including, but not limited to, the authority of the Secretary concerned to can- cel, 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 Sec- retary 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 pur- pose 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 con- cerned would like to include but which are un- developed shall not be the basis for estab- lishing 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 es- tablishing a term shorter than ten years un- less the Secretary determines on a case-by- case basis that the information to be con- tained 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 ac- cordance with land use plans prepared pursu- ant to section 1712 of this title or section 1604 of title 16, (B) the permittee or lessee is in compliance with the rules and regulations