The Federal Land Management and Policy Act (43 U.S.C. 1751);Grazing fees; feasibility study; contents; submission of report; annual distribution and use of range betterment funds; nature of distrib.

43 USC 1751
NB: This unofficial compilation of the U.S. Code is current as of Jan. 2, 2006 (see http://www.law.cornell.edu/uscode/uscprint.html).

TITLE 43 - PUBLIC LANDS
CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER IV - RANGE MANAGEMENT
§ 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, § 401(a), (b)(1), (2), Oct. 21, 1976, 90 Stat. 2772; Pub. L. 95–514, § 6(b), Oct.
25, 1978, 92 Stat. 1806.)

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43 USC 1751
NB: This unofficial compilation of the U.S. Code is current as of Jan. 2, 2006 (see http://www.law.cornell.edu/uscode/uscprint.html).

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 (§ 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.

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