The Federal Land Management and Policy Act of 1976 (43 U.S.C. 1752); Grazing leases and permits

43 USC 1752
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
§ 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.
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43 USC 1752
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).

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, § 402, Oct. 21, 1976, 90 Stat. 2772, 2773; Pub. L. 95–514, §§ 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 (§ 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.

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43 USC 1752
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).

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, § 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 (§ 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, § 7(b), substituted “sixteen contiguous Western States” for “eleven contiguous
Western States”.
Subsec. (b)(3). Pub. L. 95–514, § 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, § 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, § 8(b), substituted introductory word “In” for “Prior to October 1, 1988, or thereafter, in”.

Grazing Permit Renewals
Pub. L. 108–108, title III, § 325, Nov. 10, 2003, 117 Stat. 1308, provided in part: “That beginning in November 2004,
and every year thereafter, the Secretaries of the Interior and Agriculture shall report to Congress the extent to which
they are completing analysis required under applicable laws prior to the expiration of grazing permits, and beginning
in May 2004, and every two years thereafter, the Secretaries shall provide Congress recommendations for legislative
provisions necessary to ensure all permit renewals are completed in a timely manner. The legislative recommendations
provided shall be consistent with the funding levels requested in the Secretaries’ budget proposals”.

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, § 101(g) [title I], Dec. 22, 1987, 101 Stat. 1329–213, 1329–216.
Pub. L. 99–500, § 101(h) [title I], Oct. 18, 1986, 100 Stat. 1783–242, 1783–245, and Pub. L. 99–591, § 101(h) [title
I], Oct. 30, 1986, 100 Stat. 3341–242, 3341–245.
Pub. L. 99–190, § 101(d) [title I], Dec. 19, 1985, 99 Stat. 1224, 1226.

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43 USC 1752
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).

Pub. L. 98–473, title I, § 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.

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