The Public Rangelands Improvement Act or "The Wild Horse Slaughter Bill"

-CITE-
43 USC CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT 01/08/2008

-EXPCITE-
TITLE 43 - PUBLIC LANDS
CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-MISC1-
Sec.
1901. Congressional findings and declaration of policy.
1902. Definitions.
1903. Rangelands inventory and management; public
availability.
1904. Range improvement funding.
1905. Grazing fees; economic value of use of land; fair
market value components; annual percentage change
limitation.
1906. Authority for cooperative agreements and payments
effective as provided in appropriations.
1907. National Grasslands; exemptions.
1908. Experimental stewardship program.

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43 USC Sec. 1901 01/08/2008

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TITLE 43 - PUBLIC LANDS
CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
Sec. 1901. Congressional findings and declaration of policy

-STATUTE-
(a) The Congress finds and declares that -
(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,(!1) 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, 16 U.S.C. 1331
et seq.- the WFHBA), continues to be successful in its goal of protecting
wild free-roaming horses and burros from capture, branding,
harassment, 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 free-roaming 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
1711(a) of this title;
(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 1712 of
this title;
(3) charge a fee for public grazing use which is equitable and
reflects the concerns addressed in paragraph (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) The policies of this chapter shall become effective only as
specific statutory authority for their implementation is enacted by
this chapter 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.

-SOURCE-
(Pub. L. 95-514, Sec. 2, Oct. 25, 1978, 92 Stat. 1803.)

-REFTEXT-
REFERENCES IN TEXT
Act of December 15, 1971, referred to in subsec. (a)(6), is Pub.
L. 92-195, Dec. 15, 1971, 85 Stat. 649, as amended, popularly known
as the Wild Free-Roaming Horses and Burros Act, which is classified
generally to chapter 30 (Sec. 1331 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code,
see Short Title note set out under section 1331 of Title 16 and
Tables.
This chapter, referred to in subsec. (c), was in the original
"this Act", meaning Pub. L. 95-514, Oct. 25, 1978, 92 Stat. 1803,
which enacted this chapter and amended sections 1739 and 1751 to
1753 of this title and sections 1332 and 1333 of Title 16. For
complete classification of this Act to the Code, see Short Title
note set out below and Tables.


-MISC1-
SHORT TITLE
Section 1 of Pub. L. 95-514 provided: "That this Act [enacting
this chapter and amending sections 1739 and 1751 to 1753 of this
title and sections 1332 and 1333 of Title 16, Conservation] may be
cited as the 'Public Rangelands Improvement Act of 1978'."

-FOOTNOTE-
(!1) So in original.


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43 USC Sec. 1902 01/08/2008

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TITLE 43 - PUBLIC LANDS
CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
Sec. 1902. Definitions

-STATUTE-
As used in this chapter -
(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 plan" is the same as defined
in section 1702(k) of this title, except that as used in this
chapter 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 productivity in accordance with range management
objectives and the land use planning process, and relates to soil
quality, forage values (whether seasonal or year round), wildlife
habitat, watershed and plant communities, the present state of
vegetation of a range site in relation to the potential plant
community for that site, and the relative degree to which the
kinds, proportions, and amounts of vegetation in a plant community
resemble that of the desired community for that site.
(e) The term "native vegetation" means those plant species,
communities, or vegetative associations which are endemic to a
given area and which would normally be identified with a healthy
and productive range 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 water; stabilize soil and water conditions; and provide
habitat for livestock and wildlife. The term includes, but is not
limited to, 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 final judgment or
subsequent modification thereof as set forth on June 18, 1975, in
the matter of Natural Resources Defense Council against Andrus.
(h) The term "Secretary" unless specifically designated
otherwise, means the Secretary of the Interior.
(i) The term "sixteen contiguous Western States" means the States
of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska,
Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota,
Utah, Washington, and Wyoming.

-SOURCE-
(Pub. L. 95-514, Sec. 3, Oct. 25, 1978, 92 Stat. 1804.)

-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in opening provision and in subsec.
(b), was in the original "this Act", meaning Pub. L. 95-514, Oct.
25, 1978, 92 Stat. 1803, which enacted this chapter and amended
sections 1739 and 1751 to 1753 of this title and sections 1332 and
1333 of Title 16, Conservation. For complete classification of this
Act to the Code, see Short Title note set out under section 1901 of
this title and Tables.

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43 USC Sec. 1903 01/08/2008

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TITLE 43 - PUBLIC LANDS
CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
Sec. 1903. Rangelands inventory and management; public availability

-STATUTE-
(a) Following enactment of this chapter, the Secretary of the
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 part of the
inventory process required by section 201(a) of the Federal Land
Policy and Management Act (43 U.S.C. 1711), and by the Secretary of
Agriculture in accordance with section 1603 of title 16; shall be
kept current on a regular basis so as to reflect changes in range
conditions; and shall be available to the public.
(b) The Secretary shall manage the public rangelands in
accordance with the Taylor 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 improvement program pursuant to this chapter. Except
where the land use planning process required pursuant to section
202 of the Federal Land Policy and Management 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 become as
productive as feasible in accordance with the rangeland management
objectives established through the land use planning process, and
consistent with the values and objectives listed in sections
1901(a) and (b)(2) of this title.

-SOURCE-
(Pub. L. 95-514, Sec. 4, Oct. 25, 1978, 92 Stat. 1805.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (b), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 (Sec. 1701
et seq.) of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 1701 of this
title and Tables.
The Taylor Grazing Act, 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.

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43 USC Sec. 1904 01/08/2008

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TITLE 43 - PUBLIC LANDS
CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

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Sec. 1904. Range improvement funding

-STATUTE-
(a) Authorization of additional appropriations
In order to accomplish the purposes of this chapter, there are
hereby authorized to be appropriated the sum of an additional
$15,000,000 annually in fiscal years 1980 through 1982; for fiscal
years 1983 through 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, wildlife, and soil and water management moneys which
have been requested by the Secretary under the provisions of
section 1748 of this title, and in addition to the moneys which are
available for range improvements under section 1751 of this title.
(b) Availability of unappropriated funds for subsequent fiscal
years
Any amounts authorized by this section not appropriated in one or
more fiscal years shall be available for appropriation in any
subsequent years.
(c) Fund limitations for prescribed uses; distribution,
consultation and coordination; public hearings and meetings;
interested parties; priority of cooperative agreements with range
users
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 enforcement of the land use
plans required pursuant to section 1712 of this title 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 1753 of this title, and the
advisory councils established pursuant to section 1739 of this
title, 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) Environmental assessment record and environmental impact
statement requirements
Prior to the use of any funds authorized by this section the
Secretary shall cause to have prepared an environmental assessment
record on each range improvement project. Thereafter, improvement
projects may be constructed unless the Secretary determines that
the project will have a significant impact on the quality of human
environment, necessitating an environmental impact statement
pursuant to the National Environmental Policy Act [42 U.S.C. 4321
et seq.] prior to the expenditure of funds.

-SOURCE-
(Pub. L. 95-514, Sec. 5, Oct. 25, 1978, 92 Stat. 1805.)

-REFTEXT-
REFERENCES IN TEXT
National Environmental Policy Act, referred to in subsec. (d), is
Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is
classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.

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43 USC Sec. 1905 01/08/2008

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TITLE 43 - PUBLIC LANDS
CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
Sec. 1905. Grazing fees; economic value of use of land; fair market
value components; annual percentage change limitation

-STATUTE-
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.

-SOURCE-
(Pub. L. 95-514, Sec. 6(a), Oct. 25, 1978, 92 Stat. 1806.)


-EXEC-
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.

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43 USC Sec. 1906 01/08/2008

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TITLE 43 - PUBLIC LANDS
CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
Sec. 1906. Authority for cooperative agreements and payments
effective as provided in appropriations

-STATUTE-
Notwithstanding any other provision of this chapter, authority to
enter into cooperative agreements and to make payments under this
chapter shall be effective only to the extent or in such amounts as
are provided in advance in appropriation Acts.

-SOURCE-
(Pub. L. 95-514, Sec. 9, Oct. 25, 1978, 92 Stat. 1807.)

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43 USC Sec. 1907 01/08/2008

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TITLE 43 - PUBLIC LANDS
CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

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Sec. 1907. National Grasslands; exemptions

-STATUTE-
All National Grasslands are exempted from the provisions of this
chapter.

-SOURCE-
(Pub. L. 95-514, Sec. 11, Oct. 25, 1978, 92 Stat. 1808.)

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43 USC Sec. 1908 01/08/2008

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TITLE 43 - PUBLIC LANDS
CHAPTER 37 - PUBLIC RANGELANDS IMPROVEMENT

-HEAD-
Sec. 1908. Experimental stewardship program

-STATUTE-
(a) Scope of program
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) Report to Congress
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 1905 of this title and
other grazing fee options, and their recommendations to implement a
grazing fee schedule for the 1986 and subsequent grazing years.

-SOURCE-
(Pub. L. 95-514, Sec. 12, Oct. 25, 1978, 92 Stat. 1808.)

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http://uscode.house.gov/download/pls/43C37.txt