§ 1752. — Grazing leases and permits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1752]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER IV--RANGE MANAGEMENT
Sec. 1752. Grazing leases and permits
(a) Terms and conditions
Except as provided in subsection (b) of this section, permits and
leases for domestic livestock grazing on public lands issued by the
Secretary 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), or by the Secretary of Agriculture,
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 concerned deems appropriate and consistent
with the governing law, including, but not limited to, the authority of
the Secretary concerned to cancel, 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 Secretary 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 purpose 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 concerned would like to
include but which are undeveloped shall not be the basis for
establishing 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
establishing a term shorter than ten years unless the Secretary
determines on a case-by-case basis that the information to be
contained 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
So long as (1) the lands for which the permit or lease is issued
remain available for domestic livestock grazing in accordance with land
use plans prepared pursuant to section 1712 of this title or section
1604 of title 16, (2) the permittee or lessee is in compliance with the
rules and regulations issued and the terms and conditions in the permit
or lease specified by the Secretary concerned, and (3) the permittee or
lessee accepts the terms and conditions to be included by the Secretary
concerned in the new permit or lease, the holder of the expiring permit
or lease shall be given first priority for receipt of the new permit or
lease.
(d) Allotment management plan requirements
All permits and leases for domestic livestock grazing issued
pursuant to this section may incorporate an allotment management plan
developed by the Secretary concerned. However, nothing in this
subsection shall be construed to supersede any requirement for
completion of court ordered environmental impact statements prior to
development and incorporation of allotment management plans. If the
Secretary concerned elects to develop an allotment management plan for a
given area, he shall do so in careful and considered consultation,
cooperation and coordination with the lessees, permittees, and
landowners involved, the district grazing advisory boards established
pursuant to section 1753 of this title, and any State or States having
lands within the area to be covered by such allotment management plan.
Allotment management plans shall be tailored to the specific range
condition of the area to be covered by such plan, and shall be reviewed
on a periodic basis to determine whether they have been effective in
improving the range condition of the lands involved or whether such
lands can be better managed under the provisions of subsection (e) of
this section. The Secretary concerned may revise or terminate such plans
or develop new plans from time to time after such review and careful and
considered consultation, cooperation and coordination with the parties
involved. As used in this subsection, the terms ``court ordered
environmental impact statement'' and ``range condition'' shall be
defined as in the ``Public Rangelands Improvement Act of 1978 [43 U.S.C.
1901 et seq.]''.
(e) Omission of allotment management plan requirements and incorporation
of appropriate terms and conditions; reexamination of range
conditions
In all cases where the Secretary concerned has not completed an
allotment management plan or determines that an allotment management
plan is not necessary for management of livestock operations and will
not be prepared, the Secretary concerned shall incorporate in grazing
permits and leases such terms and conditions as he deems appropriate for
management of the permitted or leased lands pursuant to applicable law.
The Secretary concerned shall also specify therein the numbers of
animals to be grazed and the seasons of use and that he may reexamine
the condition of the range at any time and, if he finds on reexamination
that the condition of the range requires adjustment in the amount or
other aspect of grazing use, that the permittee or lessee shall adjust
his use to the extent the Secretary concerned deems necessary. Such
readjustment shall be put into full force and effect on the date
specified by the Secretary concerned.
(f) Allotment management plan applicability to non-Federal lands; appeal
rights
Allotment management plans shall not refer to livestock operations
or range improvements on non-Federal lands except where the non-Federal
lands are intermingled with, or, with the consent of the permittee or
lessee involved, associated with, the Federal lands subject to the plan.
The Secretary concerned under appropriate regulations shall grant to
lessees and permittees the right of appeal from decisions which specify
the terms and conditions of allotment management plans. The preceding
sentence of this subsection shall not be construed as limiting any other
right of appeal from decisions of such officials.
(g) Cancellation of permit or lease; determination of reasonable
compensation; notice
Whenever a permit or lease for grazing domestic livestock is
canceled in whole or in part, in order to devote the lands covered by
the permit or lease to another public purpose, including disposal, the
permittee or lessee shall receive from the United States a reasonable
compensation for the adjusted value, to be determined by the Secretary
concerned, of his interest in authorized permanent improvements placed
or constructed by the permittee or lessee on lands covered by such
permit or lease, but not to exceed the fair market value of the
terminated portion of the permittee's or lessee's interest therein.
Except in cases of emergency, no permit or lease shall be canceled under
this subsection without two years' prior notification.
(h) Applicability of provisions to rights, etc., in or to public lands
or lands in National Forests
Nothing in this Act shall be construed as modifying in any way law
existing on October 21, 1976, with respect to the creation of right,
title, interest or estate in or to public lands or lands in National
Forests by issuance of grazing permits and leases.
(Pub. L. 94-579, title IV, Sec. 402, Oct. 21, 1976, 90 Stat. 2772, 2773;
Pub. L. 95-514, Secs. 7, 8, Oct. 25, 1978, 92 Stat. 1807.)
References in Text
Act of June 28, 1934, referred to in subsec. (a), is act June 28,
1934, ch. 865, 48 Stat. 1269, as amended, known as the Taylor Grazing
Act, which is classified principally to subchapter I (Sec. 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 (50 Stat. 874; 43 U.S.C. 1181a-1181j),
referred to in subsec. (a), is act Aug. 28, 1937, ch. 876, 50 Stat. 874,
as amended, which enacted sections 1181a to 1181f of this title.
Sections 1181f-1 to 1181f-4, included within the parenthetical reference
to sections 1181a to 1181j, were enacted by Act May 24, 1939, ch. 144,
53 Stat. 753. Sections 1181g to 1181j, also included within the
parenthetical reference to sections 1181a to 1181j, were enacted by act
June 24, 1954, ch. 357, 68 Stat. 270. Section 1181c, also included
within the parenthetical reference to sections 1181a to 1181j, was
repealed by Pub. L. 94-579, title VII, Sec. 702, Oct. 21, 1976, 90 Stat.
2787. For complete classification of these Acts to the Code, see Tables.
The Public Rangelands Improvement Act of 1978, referred to in
subsec. (d), is Pub. L. 95-514, Oct. 25, 1978, 92 Stat. 1803, which is
classified principally to chapter 37 (Sec. 1901 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1901 of this title and Tables.
This Act, referred to in subsec. (h), is Pub. L. 94-579, Oct. 21,
1976, 90 Stat. 2743, as amended, known as the Federal Land Policy and
Management Act of 1976. For complete classification of this Act to the
Code, see Tables.
Amendments
1978--Subsec. (a). Pub. L. 95-514, Sec. 7(b), substituted ``sixteen
contiguous Western States'' for ``eleven contiguous Western States''.
Subsec. (b)(3). Pub. L. 95-514, Sec. 7(a), inserted provision that
absence of completed land use plans or court ordered environmental
statements shall not be the sole basis for establishing a term shorter
than ten years unless information therein would be necessary to
determine whether a shorter term should be established for any of the
specified reasons.
Subsec. (d). Pub. L. 95-514, Sec. 8(a), struck out ``, with the
exceptions authorized in subsection (e) of this section, on and after
October 1, 1988,'' after ``pursuant to this section'' and inserted
provisions prohibiting any requirements for completion of court ordered
environmental impact statements prior to development and incorporation
of allotment plans from being superseded by subsec. (d), providing for
careful and considered consultation, cooperation, and coordination with
certain persons, including landowners involved, district grazing
advisory boards and States having lands within the covered area and for
tailoring allotment management plans to the specific range condition of
the covered area and periodic review thereof, authorizing the Secretary
to terminate or develop the plans after review and careful and
considered consultation, cooperation, and coordination with the parties
involved, and defining ``court ordered environmental impact statement''
and ``range condition''.
Subsec. (e). Pub. L. 95-514, Sec. 8(b), substituted introductory
word ``In'' for ``Prior to October 1, 1988, or thereafter, in''.
Appeals of Reductions in Grazing Allotments on Public Rangeland; Time;
Effective Date of Reductions; Suspension Pending Final Action on Appeal
Provisions requiring appeals of reductions in grazing allotments on
public rangelands to be taken within a certain time period; providing
that reductions of up to 10 per centum in grazing allotments are
effective when so designated by the Secretary; suspending proposed
reductions in excess of 10 per centum pending final action on appeals;
and requiring final action on appeals to be completed within 2 years of
filing of the appeal were contained in the following appropriation acts:
Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1378.
Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 993.
Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1917.
Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 704.
Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1776.
Pub. L. 100-202, Sec. 101(g) [title I], Dec. 22, 1987, 101 Stat.
1329-213, 1329-216.
Pub. L. 99-500, Sec. 101(h) [title I], Oct. 18, 1986, 100 Stat.
1783-242, 1783-245, and Pub. L. 99-591, Sec. 101(h) [title I], Oct. 30,
1986, 100 Stat. 3341-242, 3341-245.
Pub. L. 99-190, Sec. 101(d) [title I], Dec. 19, 1985, 99 Stat. 1224,
1226.
Pub. L. 98-473, title I, Sec. 101(c) [title I], Oct. 12, 1984, 98
Stat. 1837, 1840.
Pub. L. 98-146, title I, Nov. 4, 1983, 97 Stat. 921.
Pub. L. 97-394, title I, Dec. 30, 1982, 96 Stat. 1968.
Pub. L. 97-100, title I, Dec. 23, 1981, 95 Stat. 1393.
Pub. L. 96-514, title I, Dec. 12, 1980, 94 Stat. 2959.
Pub. L. 96-126, title I, Nov. 27, 1979, 93 Stat. 956.
Section Referred to in Other Sections
This section is referred to in title 16 section 460iii-3; title 25
section 640d-26.
