§ 1751. — Grazing fees; feasibility study; contents; submission of report; annual distribution and use of range betterment funds; nature of distributions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1751]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER IV--RANGE MANAGEMENT
Sec. 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 Secretary 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 establishing a fee to be charged for domestic
livestock grazing on such lands which is equitable to the United States
and to the holders of grazing permits and leases on such lands. In
making such study, the Secretaries shall take into consideration the
costs of production normally associated with domestic livestock grazing
in the eleven Western States, differences in forage values, and such
other factors as may relate to the reasonableness of such fees. The
Secretaries shall report the result of such study to the Congress not
later than one year from and after October 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 grazing fee
charge then in effect shall not be altered and shall remain the same
until such report has been submitted to the Congress. Neither Secretary
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 substantial betterment of forage conditions with resulting
benefits to wildlife, watershed protection, and livestock production.
Congress therefore directs that 50 per centum or $10,000,000 per annum,
whichever is greater of all moneys received by the United States as fees
for grazing domestic livestock on public lands (other than from ceded
Indian lands) under the Taylor Grazing 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),
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
national forest from which such moneys were derived, as the respective
Secretary may direct after consultation with district, regional, or
national forest user representatives, for the purpose of on-the-ground
range rehabilitation, protection, and improvements on such lands, and
the remaining one-half shall be used for on-the-ground range
rehabilitation, protection, and improvements 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, protection, and improvements shall
include all forms of range land betterment including, but not limited
to, seeding and reseeding, fence construction, weed control, water
development, and fish and wildlife habitat enhancement as the respective
Secretary may direct after consultation with user representatives. The
annual distribution and use of range betterment funds authorized by this
paragraph shall not be considered a major Federal action requiring a
detailed statement pursuant to section 4332(c) of title 42.
(2) All distributions of moneys made under subsection (b)(1) of this
section shall be in addition to distributions made under section 10 of
the Taylor Grazing Act [43 U.S.C. 315i] and shall not apply to
distribution of moneys made under section 11 of 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 receipts.
(Pub. L. 94-579, title IV, Sec. 401(a), (b)(1), (2), Oct. 21, 1976, 90
Stat. 2772; Pub. L. 95-514, Sec. 6(b), Oct. 25, 1978, 92 Stat. 1806.)
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, as amended, 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, referred to in subsec. (b)(2), is act Aug.
28, 1937, ch. 876, 50 Stat. 874, as amended, which is classified to
sections 1181a to 1181f of this title. For complete classification 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 Western States'' for ``eleven contiguous Western
States''.
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 Interior 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.
Section Referred to in Other Sections
This section is referred to in section 1904 of this title.
