§ 273b. — Grazing privileges; right of occupancy or use for fixed term of years; renewal.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC273b]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XXXI--CAPITOL REEF NATIONAL PARK
Sec. 273b. Grazing privileges; right of occupancy or use for
fixed term of years; renewal
Where any Federal lands included within the park are legally
occupied or utilized on December 18, 1971, for grazing purposes,
pursuant to a lease, permit, or license for a fixed term of years issued
or authorized by any department, establishment, or agency of the United
States, the Secretary of the Interior shall permit the persons holding
such grazing privileges or their heirs to continue in the exercise
thereof during the term of the lease, permit, or license, and one period
of renewal thereafter.
(Pub. L. 92-207, Sec. 3, Dec. 18, 1971, 85 Stat. 740.)
Renewal of Capitol Reef National Park Grazing Authorizations
Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1779, provided:
``That where any Federal lands included within the boundary of the Park
created by the Act of December 18, 1971 (Public Law 92-207) [16 U.S.C.
273 et seq.], were legally occupied or utilized on the date of approval
of that Act [Dec. 18, 1971] for grazing purposes pursuant to a lease,
permit, or license issued or authorized by any department,
establishment, or agency of the United States, the person or persons so
occupying or utilizing such lands and the heirs of such person or
persons shall at that time be entitled to renew said leases, permits, or
licenses under such terms and conditions as the Secretary of the
Interior may prescribe, for the lifetime of the permittee or any direct
descendants (sons or daughters) born on or before the enactment of
Public Law 92-207 (December 18, 1971). Such grazing activities shall be
subject to the following conditions:
``(a) Grazing will be based on active preference that exists on the
date of this Act [Sept. 27, 1988] and no increase in animal unit months
will be allowed on Park lands.
``(b) No physical improvements for stock use will be established on
National Park Service lands without the written concurrence of the Park
Superintendent.
``(c) Nothing in this section shall apply to any lease, permit, or
license for mining purposes or for public accommodations and services or
to any occupancy or utilization of lands for purely temporary purposes.
``(d) Nothing contained in this Act [see Tables for classification]
shall be construed as creating any vested right, title interest, or
estate in or to any Federal lands.
``(e) The provisions of Public Law 97-341 [formerly set out as a
note below] are hereby repealed.
``(f) Grazing will be managed to encourage the protection of the
Park's natural and cultural resources values.''
Study of Grazing Phaseout at Capitol Reef National Park
Pub. L. 97-341, Oct. 15, 1982, 96 Stat. 1639, provided for retention
of Capitol Reef National Park grazing privileges until Dec. 31, 1994,
and a study of grazing at the Park, prior to repeal by Pub. L. 100-446,
title I, Sept. 27, 1988, 102 Stat. 1780.
