§ 406d-2. — Rightsofway; continuation of leases, permits, and licenses; renewal; grazing privileges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC406d-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XLIX--GRAND TETON NATIONAL PARK
Sec. 406d-2. Rights-of-way; continuation of leases, permits, and
licenses; renewal; grazing privileges
With respect to those lands that are included by this subchapter and
sections 431a, 451a, 482m, 673b, and 673c of this title within the Grand
Teton National Park--
(a) the Secretary of the Interior shall designate and open
rights-of-way, including stock driveways, over and across Federal
lands within the exterior boundary of the park for the movement of
persons and property to or from State and private lands within the
exterior boundary of the park and to or from national forest, State,
and private lands adjacent to the park. The location and use of such
rights-of-way shall be subject to such regulations as may be
prescribed by the Secretary of the Interior;
(b) all leases, permits, and licenses issued or authorized by
any department, establishment, or agency of the United States with
respect to the Federal lands within the exterior boundary of the
park which are in effect on September 14, 1950, shall continue in
effect, subject to compliance with the terms and conditions therein
set forth, until terminated in accordance with the provisions
thereof;
(c) where any Federal lands included within the park by this
subchapter and sections 431a, 451a, 482m, 673b, and 673c of this
title were legally occupied or utilized on September 14, 1950 for
residence or grazing purposes, or for other purposes not
inconsistent with sections 1, 2, 3, and 4 of this title, pursuant to
a lease, permit, or license issued or authorized by any department,
establishment, or agency of the United States, the person so
occupying or utilizing such lands, and the heirs, successors, or
assigns of such person, shall, upon the termination of such lease,
permit, or license, be entitled to have the privileges so possessed
or enjoyed by him renewed from time to time, subject to such terms
and conditions as the Secretary of the Interior shall prescribe, for
a period of twenty-five years from September 14, 1950 and thereafter
during the lifetime of such person and the lifetime of his heirs,
successors, or assigns but only if they were members of his
immediate family on such date, as determined by the Secretary of the
Interior: Provided, That grazing privileges appurtenant to privately
owned lands located within the Grand Teton National Park established
by this subchapter and said sections shall not be withdrawn until
title to lands to which such privileges are appurtenant shall have
vested in the United States, except for failure to comply with the
regulations applicable thereto after reasonable notice of default:
Provided further, That nothing in this subsection 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. Nothing contained in this
subchapter and said sections shall be construed as creating any
vested right, title, interest, or estate in or to any Federal lands.
(Sept. 14, 1950, ch. 950, Sec. 4, 64 Stat. 850.)
Repeal of Inconsistent Laws
Repeal of laws inconsistent with act Sept. 14, 1950, see note set
out under section 406d-1 of this title.
Grazing Study of Grand Teton National Park
Pub. L. 105-81, Nov. 13, 1997, 111 Stat. 1537, provided that:
``SECTION 1. FINDINGS.
``Congress finds that--
``(1) open space near Grand Teton National Park continues to
decline;
``(2) as the population continues to grow in Teton County,
Wyoming, undeveloped land near the Park becomes more scarce;
``(3) the loss of open space around Teton Park has negative
impacts on wildlife migration routes in the area and on visitors to
the Park, and its repercussions can be felt throughout the entire
region;
``(4) a few ranches make up Teton Valley's remaining open space,
and the ranches depend on grazing in Grand Teton National Park for
summer range to maintain operations;
``(5) the Act that created Grand Teton National Park [act Feb.
26, 1929, ch. 331, 45 Stat. 1314, 16 U.S.C. former 406 to 406d]
allowed several permittees to continue livestock grazing in the Park
for the life of a designated heir in the family;
``(6) some of the last remaining heirs have died, and as a
result the open space around the Park will most likely be subdivided
and developed;
``(7) in order to develop the best solution to protect open
space immediately adjacent to Grand Teton National Park, the Park
Service should conduct a study of open space in the region; and
``(8) the study should develop workable solutions that are
fiscally responsible and acceptable to the National Park Service,
the public, local government, and landowners in the area.
``SEC. 2. STUDY OF GRAZING USE AND OPEN SPACE.
``(a) In General.--The Secretary of the Interior shall conduct a
study concerning grazing use and open space in Grand Teton National
Park, Wyoming, and associated use of certain agricultural and ranch
lands within and adjacent to the Park, including--
``(1) base land having appurtenant grazing privileges within
Grand Teton National Park, Wyoming, remaining after January 1, 1990,
under the Act entitled `An Act to establish a new Grand Teton
National Park in the State of Wyoming, and for other purposes',
approved September 14, 1950 (16 U.S.C. 406d-1 et seq.); and
``(2) any ranch and agricultural land adjacent to the Park, the
use and disposition of which may affect accomplishment of the
purposes of the Act.
``(b) Purpose.--The study shall--
``(1) assess the significance of the ranching use and pastoral
character of the land (including open vistas, wildlife habitat, and
other public benefits);
``(2) assess the significance of that use and character to the
purposes for which the Park was established and identify any need
for preservation of, and practicable means of, preserving the land
that is necessary to protect that use and character;
``(3) recommend a variety of economically feasible and viable
tools and techniques to retain the pastoral qualities of the land;
and
``(4) estimate the costs of implementing any recommendations
made for the preservation of the land.
``(c) Participation.--In conducting the study, the Secretary of the
Interior shall seek participation from the Governor of the State of
Wyoming, the Teton County Commissioners, the Secretary of Agriculture,
affected land owners, and other interested members of the public.
``(d) Report.--Not later than 3 years from the date funding is
available for the purposes of this Act, the Secretary of the Interior
shall submit a report to Congress that contains the findings of the
study under subsection (a) and makes recommendations to Congress
regarding action that may be taken with respect to the land described in
subsection (a).
``SEC. 3. EXTENSION OF GRAZING PRIVILEGES.
``(a) In General.--Subject to subsection (b), the Secretary of the
Interior shall reinstate and extend for the duration of the study
described in section 2(a) and until such time as the recommendations of
the study are implemented, the grazing privileges described in section
2(a)(1), under the same terms and conditions as were in effect prior to
the expiration of the privileges.
``(b) Effect of Change in Land Use.--If, during the period of the
study or until such time as the recommendations of the study are
implemented, any portion of the land described in section 2(a)(1) is
disposed of in a manner that would result in the land no longer being
used for ranching or other agricultural purposes, the Secretary of the
Interior shall cancel the extension described in subsection (a).''
