The Public Rangelands Improvement Act

PUBLIC LAW 95-514—OCT. 25, 1978

92 STAT. 1803

Public Law 95-514
95th Congress
An Act
Oct. 25, 1978
To improve the range conditions of the public rangelands.
[H.R. 10587]
Be it enacted hy the Senate and House of Representatives of the
Public
United States of America in Congress assembled,
SECTION 1. That this Act may be cited as the "Public Eangelands Rangelands
Improvement Act
Improvement Act of 1978".
of 1978.
r i N D I N G S AND DECLARATION OF POLICY
43 use 1901
note.
SEC. 2. (a) The Congress finds and declares that—
43 use 1901.
(1) vast segments of the public rangelands are producing less
than their potential for livestock, wildlife habitat, recreation,
forage, and water and soil conservation benefits, and for that reason are in an unsatisfactory condition;
(2) such rangelands will remain in an unsatisfactory condition
and some areas may decline further under present levels of, and
funding for, management;
(3) unsatisfactory conditions on public rangelands present a
high risk of soil loss, desertification, and a resultant underproductivity for large acreages of the public lands; contribute significantly to unacceptable levels of siltation and salinity in major
western watersheds including the Colorado River; negatively
impact the quality and availability of scarce western water supplies ; threaten important and frequently critical fish and wildlife
habitat; prevent expansion of the forage resource and resulting benefits to livestock and wildlife production; increase surface
runoff and flood danger; reduce the value of such lands for recreational and esthetic purposes; and may ultimately lead to unpredictable and undesirable long-term local and regional climatic
and economic changes;
(4) the above-mentioned conditions can be addressed and corrected by an intensive public rangelands maintenance, management, and improvement program involving significant increases
in levels of rangeland management and improvement funding for
multiple-use values;
(5) to prevent economic disruption and harm to the western
livestock industry, it is in the public interest to charge a fee for
livestock grazing permits and leases on the public lands which
is based on a formula reflecting annual changes in the costs of
production:
(6) the Act of December 15, 1971 (85 Stat. 649, If) U.S.C. 1331
et seq.), continues to be successful in its goal of protecting wild
free-roaming horses and burros from capture, branding, harrassment, and death, but that certain amendments are necessary thereto
to avoid excessive costs in the administration of the Act, and to
facilitate the humane adoption or disposal of excess wild freeroaming horses and burros which because they exceed the carrying
capacity of the range, pose a threat to their own habitat, fish,
wildlife, recreation, water and soil conservation, domestic livestock grazing, and other rangeland values;
(b) The Congress therefore hereby establishes and reaffirms a
national policy and commitment to:
(1) inventory and identify current public rangelands conditions
and trends as a part of the inventory process required by section
2011'a) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1711);

92 STAT. 1804

,

PUBLIC LAW 95-514—OCT. 2 5 , 1978
(2) manage, maintain and improve the condition of the public
rangelands so that they become as productive as feasible for all
rangeland values in accordance with management objectives and
the land use planning process established pursuant to section 202
of the Federal Land Policy and Management Act (48 U.S.C^.

(3) charge a fee for public grazing use which is equitable and
reflects the concerns addressed in p a r a g r a p h (a) (5) above;
(4) continue the policy of protecting wild free-roaming horses
and burros from capture, branding, harassment, or death, while
' ' :
at the same time facilitating the removal and disposal of excess
wild free-roaming horses and burros which pose a threat to themselves and their habitat and to other rangeland values;
(c) T h e policies of this Act shall become effective only as specific
statutory authority for their implementation is enacted by this Act
or by subsequent legislation, and shall be construed as supplemental to
and not in derogation of the purposes for which public rangelands are
administered under other provisions of law.
Definitions.
S K C 8. As used in this Act—
43 u s e 1902.
(a) The terms "rangelands" or "public rangelands" means lands
administered by the Secretary of the Interior through the Bureau of
Land Management or the Secretary of Agriculture through the Forest
Service in the sixteen contiguous Western States on which there is
domestic livestock grazing or which the Secretary concerned determines may be suitable for domestic livestock grazing.
(b) The term "allotment management p l a n " is the same as defined
in section 103 (k) of the Federal Land Policy Management Act of
1976 (43 U.S.C. 1702 ( k ) ) , except that as used in this Act such term
applies to the sixteen contiguous Western States.
(c) The term "grazing permit and lease" means any document
authorizing use of public lands or lands in national forests in the
sixteen contiguous Western States for the purpose of grazing domestic
livestock.
(d) The term "range condition" means the quality of the land
reflected in its ability in specific vegetative areas to support various
levels of productiAnty in accordance Avith range management objectives
and the land use planning process, and relates to soil quality, forage
values (whether seasonal or year r o u n d ) , wildlife habitat, watershed
and plant communities, the present state of vegetation of a range site
in relation to the potential plant community for t h a t site, and t h e
relative degree to which the kinds, proportions, and amounts of vegetation in a p l a n t community resemble t h a t of the desired community
for that site.
(e) The term "native vegetation" means those plant species, comnnmities, or vegetative associations which are endemic to a given area
and which would normally be identified with a healthy and productive
T-ange condition occurring as a result of the natural vegetative process
of the area.
(f) The term "range improvement" means any activity or program
on or relating to rangelands which is designed to improve production
of forage; change vegetative composition; control patterns of use;
provide w a t e r : stabilize soil and water conditions; and provide h a b i t a t
for livestock and wildlife. The term includes, but is not limited to.

PUBLIC LAW 95-514—OCT. 25, 1978

92 STAT. 1805

structures, treatment projects, and use of mechanical means to accomplish the desired results.
(g) The term "court ordered environmental impact statement"
means any environmental statements which are required to be prepared
by the Secretary of the Interior pursuant to the tinal judgment or
subse(][ueiit modification theivof as set forth on Jmie IcS, 1975, in the
matter of Natural Resources Defense Council against A n d r u s .
(h) T h e term "Secretary" unless specifically designated otherwise,
means the Secretary of the Interior.
(i) The term "sixteen contiguous AVestern States" means the States
of Arizona, California, Colorado, I d a h o , Kansas, Montana, Nebraska,
Nevada, NOAV ]\Iexico, North Dakota, Oklahoma, Oregon, South
Dakota, Utah, Washington, and Wyoming.
RANGELANDS IXVENTORY AND MANAGEMENT

SEC. 4. (a) Following enactment of this Act, the Secretary of the 43 USC 1903.
Interior and the Secretary of Agriculture shall update, develop
(where necessary) and maintain on a continuing basis thereafter, an
inventory of range conditions and record of trends of range conditions
on the public rangelands. and shall categorize or identify such lands
on the basis of the range conditions and trends thereof as they deem
appropriate. Such inventories shall be conducted and maintained by
the Secretary as a p a r t of the inventory process required by section
201(a) of the Federal L a n d Policy and Management Act (43 U.S.C.
1711). and by the Secretary of Agriculture in accordance with section
5 of the Forest and Rangeland Renewable Resources P l a n n i n g Act
of 1974 (16 ILS.C. 1608) ; shall be kept current on a regular basis so
as to reflect changes in range conditions; and shall be available to the Public
public.

availability.

(b) The Secretary shall manage the public rangelands in accordance
with the Tavlor Grazing Act (43 U.S.C. 315-315 ( o ) ) , the Federal
Land Policy "and Management Act of 1976 (43 U.S.C. 1701-1782), and
other applicable law consistent with the public rangelands improveuient program pursuant to this Act. Except where the land use planning process required pursuant to section 202 of the Federal L a n d
Policy and INIanagement Act (43 U.S.C. 1712) determines otherwise
or the Secretary determines, and sets forth his reasons for this determination, that grazing uses should be discontinued (either temporarily
or permanently) on certain lands, the goal of such management shall
be to improve the range conditions of the public rangelands so that
they l>ecome as productive as feasible in accordance with the rangeland manageuient objectives established through the land use planning
process, and consistent with the values and objectives listed in sections
2 (a) and ( b ) ( 2 ) of this Act.

,«^ < ; ,

.*

RANGE IMPROVEMENT FUNDING

SEC. 5. (a) I n order to accomplish the purposes of this Act, thei-e Appropriation
are herebv authorized to be appropriated the sum of an additional authorization.
$15,000,000 annually in fiscal years 1980 through 1982; for fiscal years 43 USC 1904.
1983 tlirough 1986 an amount no less than the amount authorized for
1982; and for fiscal years 1987 through 1999 an amount not less than
$5,000,000 annually more than the amount authorized for fiscal year
1986. Such funds shall be in addition to any range, Avildlife, and soil
and water management moneys which have been requested by the

92 STAT. 1806
43 use 1748.

Distribution,
consultation and
coordination.

Environmental
assessment
record.

42 use 4321
note.

PUBLIC LAW 95-514—OCT. 25, 1978

Secretary under the provisions of section 318 of the Federal Land
Policy and Management Act, and in addition to the moneys which are
available for range improvements under section 401 of the Federal
Land Policy and Management Act (43 U.S.C. 1751).
(b) Aaiy amounts authorized by this section not appropriated in one
or more fiscal years shall be available for appropi-iation in any subsequent years.
(c) No less than 80 per centum of such funds provided herein shall
be used for on-the-ground range rehabilitation, maintenance and the
construction of range improvements (including project layout, project
design, and project supervision). No more than 15 per centum of such
funds provided herein shall be used to hire and train such experienced
and qualified personnel as are necessary to implement on-the-ground
supervision and enforcen)ent of the land use plans required pursuant
to section 202 of the Federal Land Policy and Management Act (43
U.S.C. 1712) and such allotment management plans as may be developed. Such funds shall be distributed as the Secretary deems advisable
after careful and considered consultation and coordination, including
public hearings and meetings where appropriate, with the district
grazing advisory boards established pursuant to section 403 of the
Federal Land Policy and Management Act (43 U.S.C. 1753), and the
advisory councils established pursuant to section 309 of the Federal
Land Policy and Management Act (43 U.S.C. 1739), range user representatives, and other interested parties. To the maximum extent practicable, and where economically sound, the Secretary shall give priority
to entering into cooperative agreements with range users (or user
groups) for the installation and maintenance of on-the-ground range
improvements.
(d) Prior to the use of any funds authorized by this section the
Secretary shall cause to have prepared an environmental assessment
lecord on each range improvement project. Thereafter, improvement
projects may be constructed unless the Secretary determines that the
})roject will have a significant impact on the quality of human environment, necessitating an environmental impact statement pursuant to
the National Environmental Policy Act prior to the expenditure of
funds.
GRAZING FEES

43 use 1905.

SEC. 6. (a) 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 bv the 1966 Western Livestock Grazing Survey multiplied bv 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 vear shall be limited to not more than plus
or minus 25 per centum of the previous year's fee.
Cb) The second sentence of section 401(b) (1) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1751(b) (1)) is hereby
amended by adding the words "or $10,000,000 per annum, whichever
is greater" after the words "50 per centum", and by substituting the
Avord "sixteen" for the word "eleven" before the words "contiguous
Western States".

PUBLIC LAW 95-514—OCT. 25, 1978

92 STAT. 1807

(JRAZING LEASES AND PERMITS

SEC. 7. (a) Section 402(b)(3) of the Federal Land Policy aiid
Management Act (43 U.S.C. 1752) is amended by striking- the period
at the end of the proviso and adding " : 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.".
(b) Section 402(a) of the Federal Land Policy and Management
Act is hereby amended by substituting the word "sixteen" for the word
"eleven" before the words "contiguous Western States".
ALLOTMENT MANAGEMENT

PLANS

SEC. 8. Sections 402 (d) and (e) (43 U.S.C. 1752 (d) and (e)) are
hereby amended—
(a) by changing subsection (d) to read as follows:
"(d) 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 Consultation
the Secretary concerned elects to develop an allotment management and
plan for a given area, he shall do so in careful and considered consul- cooperation.
tation, cooperation and coordination with the lessees, permittees, and
landowners involved, the district grazing advisory boards established
pursuant to section 403 of the Federal Land Policy and Management
Act (43 U.S.C. 1753), and any State or States having lands within the
area to be covered by such allotment inanagement 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 Definitions
environmental impact statement' and 'range condition' shall be defined
ns in the 'Public Rangelands Improvement Act of 1978.' ".
Ante, p. 1803.
(b) by deleting in subsection (e) the words "Prior to October 1,
1988. or thereafter, in" and bv inserting "In".
APPROPRIATIONS

SEC. 9. Notwithstanding any other provision of this Act, authority 43 USC 1906.
to enter into cooperative agreements and to make payments under
this Act shall be effective only to the extent or in such amounts as are
provided in advance in appropriation Acts.

92 STAT. 1808

PUBLIC LAW 95-514—OCT. 25, 1978
GRAZING ADVISORY BOARDS

SEC. 10. Section 403 (a) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1753) is amended by substituting the word
"sixteen" for the word "eleven" before the words "contiguous Western
States".
XATIOXAL GRASSLAND

43 use 1907.

EXEMPTIONS

SEC. 11. All National Grasslands are exempted from the provisions
of this Act.
EXPERIMENTAL STEWARDSHIP PROGRAM

43 use 1908.

Report to
Congress.

SEC. 12. (a) The Secretaries of Interior and Agriculture are hereby
authorized and directed to develop and implement, on an experimental
basis on selected areas of the public rangelands which are representative of the broad spectrum of range conditions, trends, and forage
values, a program which provides incentives to, or rewards for, the
holders of grazing permits and leases whose stewardship results in
an improvement of the range condition of lands under permit or lease.
Such program shall explore innovative grazing management policies
and systems which might provide incentives to improve range conditions. These may include, but need not be limited to—
(1) cooperative range management projects designed to foster
a greater degree of cooperation and coordination between the Federal and State agencies charged with the management of the
rangelands and with local private range users,
(2) the payment of up to 50 per centum of the amount due the
Federal Government from grazing permittees in the form of range
improvement work,
(3) such other incentives as he may deem appropriate.
(b) No later than December 31, 1985, the Secretaries shall report
to the Congress the results of such experimental program, their evaluation of the fee established in section 6 of this Act and other grazing
fee options, and their recommendations to implement a grazing fee
schedule for the 1986 and subsequent grazing years.
ADVISORY

COUNCILS

SEC. 13. The first line of section 309(a) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1739) is amended by deleting
"is authorized to" and inserting in lieu thereof "shall".
WILD HORSES AND BURROS

Inventory and
determinations.

SEC. 14. (a) Subsections 3 (b), (c), and (d) of the Act of December 15,1971 (85 Stat. 649; 16 U.S.C. 1333(b) (3)) are hereby amended
to read as follows:
"(b) (1) The Secretary shall maintain a current inventory of wild
free-roaming horses and burros on given areas of the public lands. The
purpose of such inventory shall be t o : make determinations as to
whether and where an overpopulation exists and whether action
should be taken to remove excess animals; determine appropriate
management levels of wild free-roaming horses and burros on these
areas of the public lands; and determine whether appropriate management levels should be achieved by the removal or destruction of excess
animals, or other options (such as sterilization, or natural controls on

PUBLIC LAW 95-514—OCT. 25, 1978

92 STAT. 1809

population levels). In making such determinations the Secretary shall
consult with the United States Fish and Wildlife Service, wildlife
agencies of the State or States wherein wild free-roaming horses and
burros are located, such individuals independent of Federal and State
government as have been recommended by the National Academy of
Sciences, and such other individuals whom he determines have scientific
expertise and special knowledge of wild horse and burro protection,
wildlife management and animal husbandry as related to rangeland
management.
" (2) Where the Secretary determines on the basis of (i) the current
inventory of lands within his jurisdiction; (ii) information contained
in any land use planning completed pursuant to section 202 of the
Federal Land Policy and Management Act of 1976; (iii) information
contained in court ordered environmental impact statements as defined
in section 2 of the Public Range Lands Improvement Act of 1978; and
(iv) such additional information as becomes available to him from
time to time, including that information developed in the research
study mandated by this section, or in the absence of the information
contained in (i-iv) above on the basis of all information currently
available to him, that an overpopulation exists on a given area of the
public lands and that action is necessary to remove excess animals, he
shall immediately remove excess animals from the range so as to achieve
appropriate management levels. Such action shall be taken, in the following order and priority, until all excess animals have been removed
so as to restore a thriving natural ecological balance to the range,
and protect the range from the deterioration associated with
overpopulation:
" (A) The Secretary shall order old, sick, or lame animals to be
destroyed in the most humane manner possible;
"(B) The Secretary shall cause such number of additional
excess wild free-roaming horses and burros to be humanely captured and removed for private maintenance and care for which he
determines an adoption demand exists by qualified individuals,
and for which he determines he can assure humane treatment and
care (including proper transportation, feeding, and handling) :
Provided^ That, not more than four animals may be adopted per
year by any individual unless the Secretary determines in writing
that such individual is capable of humanely caring for more than
four animals, including the transportation of such animals by the
adopting party; and
"(C) The Secretary shall cause additional excess wild freeroaming horses and burros for which an adoption demand by
qualified individuals does not exist to be destroyed in the most
humane and cost efficient manner possible.
"(3) For the purpose of furthering knowledge of wild horse and
burro population dynamics and their interrelationship with wildlife,
forage and water resources, and assisting him in making his determination as to what constitutes excess animals, the Secretary shall
contract for a research study of such animals with such individuals
independent of Federal and State government as may be recommended
by the National Academy of Sciences for having scientific expertise
and special knowledge of wild horse and burro protection, wildlife
management and animal husbandry as related to rangeland management. The terms and outline of such research study shall be determined
by a research design panel to be appointed by the President of the

39-194 O-

-pt. 2

34 : QLS

Consultation.

-

*,
•

Overpopulation,
43 USC 1712.

•• > -

Research
study,

92 STAT. 1810

PUBLIC LAW 95-514—OCT. 25, 1978

Stibmittal to
Congress,

National Academy of Sciences. Such study shall be completed and submitted by the Secretary to the Senate and House of Representatives on
or before January 1, 1983.
Title,
^ "(c) Where excess animals have been transferred to a qualified
application.
individual for adoption and private maintenance pursuant to this Act
and the Secretary determines that such individual has provided
humane conditions, treatment and care for such animal or animals for
a period of one year, the Secretary is authorized upon application by
the transferee to grant title to not more than four animals to the transi '
^ > ' feree at the end of the one-year period.
"(d) Wild free-roaming horses and burros or their remains shall
lose their status as wild free-roaming horses or burros and shall no
* longer be considered as falling within the purview of this Act—
"(1) upon passage of title pursuant to subsection (c) except for
the limitation of subsection (c) (1) of this section; or
"(2) if they have been transferred for private maintenance or
adoption pursuant to this Act and die of natural causes before
passage of title; or
" (3) upon destruction by the Secretary or his designee pursuant
to subsection (b) of this section; or
" (4) if they die of natural causes on the public lands or on private lands where maintained thereon pursuant to section 4 and
disposal is authorized by the Secretarj' or his designee; or
"(5) upon destruction or death for purposes of or incident to
the program authorized in section 3 of this Act; Provided, That
no wild free-roaming horse or burro or its remains may be sold
or transferred for consideration for processing into commercial
products.".
"fexcess
(b) A new subsection (f) is added to section 2 of the Act of DecemanimaU."
ber 15, 1971, as amended (16 U.S.C. 1332) to read as follows:
"(f) 'excess animals' means wild free-roaming horses or burros
(1) which have been removed from an area by the Secretary pursuant to applicable law or, (2) which must be removed from an area
in order to preserve and maintain a thriving natural ecological
balance and multiple-use relationship in that area."
Approved October 25, 1978.

LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95-1122 (Comm. on Interior and Insular Affairs) and No.
95-1737 (Comm. of Conference).
SENATE REPORT No. 95-1237 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 124 (1978):
June 29, considered and passed House.
Sept. 30, considered and passed Senate, amended.
Oct. 10, House agreed to conference report.
Oct. 11, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 14, No. 43:
Oct. 27, Presidential statement.