§ 1905. — Grazing fees; economic value of use of land; fair market value components; annual percentage change limitation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1905]
TITLE 43--PUBLIC LANDS
CHAPTER 37--PUBLIC RANGELANDS IMPROVEMENT
Sec. 1905. Grazing fees; economic value of use of land; fair
market value components; annual percentage change limitation
For the grazing years 1979 through 1985, the Secretaries of
Agriculture and Interior shall charge the fee for domestic livestock
grazing on the public rangelands which Congress finds represents the
economic value of the use of the land to the user, and under which
Congress finds fair market value for public grazing equals the $1.23
base established by the 1966 Western Livestock Grazing Survey multiplied
by the result of the Forage Value Index (computed annually from data
supplied by the Economic Research Service) added to the Combined Index
(Beef Cattle Price Index minus the Price Paid Index) and divided by 100:
Provided, That the annual increase or decrease in such fee for any given
year shall be limited to not more than plus or minus 25 per centum of
the previous year's fee.
(Pub. L. 95-514, Sec. 6(a), Oct. 25, 1978, 92 Stat. 1806.)
Ex. Ord. No. 12548. Grazing Fees
Ex. Ord. No. 12548, Feb. 14, 1986, 51 F.R. 5985, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, and in order to provide for
establishment of appropriate fees for the grazing of domestic livestock
on public rangelands, it is ordered as follows:
Section 1. Determination of Fees. The Secretaries of Agriculture and
the Interior are directed to exercise their authority, to the extent
permitted by law under the various statutes they administer, to
establish fees for domestic livestock grazing on the public rangelands
which annually equals the $1.23 base established by the 1966 Western
Livestock Grazing Survey multiplied by the result of the Forage Value
Index (computed annually from data supplied by the Statistical Reporting
Service) added to the Combined Index (Beef Cattle Price Index minus the
Prices Paid Index) and divided by 100; provided, that the annual
increase or decrease in such fee for any given year shall be limited to
not more than plus or minus 25 percent of the previous year's fee, and
provided further, that the fee shall not be less than $1.35 per animal
unit month.
Sec. 2. Definitions. As used in this Order, the term:
(a) ``Public rangelands'' has the same meaning as in the Public
Rangelands Improvement Act of 1978 (Public Law 95-514) [this chapter];
(b) ``Forage Value Index'' means the weighted average estimate of
the annual rental charge per head per month for pasturing cattle on
private rangelands in the 11 Western States (Montana, Idaho, Wyoming,
Colorado, New Mexico, Arizona, Utah, Nevada, Washington, Oregon, and
California) (computed by the Statistical Reporting Service from the June
Enumerative Survey) divided by $3.65 and multiplied by 100;
(c) ``Beef Cattle Price Index'' means the weighted average annual
selling price for beef cattle (excluding calves) in the 11 Western
States (Montana, Idaho, Wyoming, Colorado, New Mexico, Arizona, Utah,
Nevada, Washington, Oregon, and California) for November through October
(computed by the Statistical Reporting Service) divided by $22.04 per
hundred weight and multiplied by 100; and
(d) ``Prices Paid Index'' means the following selected components
from the Statistical Reporting Service's Annual National Index of Prices
Paid by Farmers for Goods and Services adjusted by the weights indicated
in parentheses to reflect livestock production costs in the Western
States: 1. Fuels and Energy (14.5); 2. Farm and Motor Supplies (12.0);
3. Autos and Trucks (4.5); 4. Tractors and Self-Propelled Machinery
(4.5); 5. Other Machinery (12.0); 6. Building and Fencing Materials
(14.5); 7. Interest (6.0); 8. Farm Wage Rates (14.0); 9. Farm Services
(18.0).
Sec. 3. Any and all existing rules, practices, policies, and
regulations relating to the administration of the formula for grazing
fees in section 6(a) of the Public Rangelands Improvement Act of 1978
[43 U.S.C. 1905] shall continue in full force and effect.
Sec. 4. This Order shall be effective immediately.
Ronald Reagan.
Section Referred to in Other Sections
This section is referred to in section 1908 of this title.