43 USC 1752 - Grazing leases and permits

U.S Code last checked for updates: Apr 28, 2024

§ 1752.

Grazing leases and permits

(a)

Terms and conditions

(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

(1)

Renewal of expiring or transferred permit or lease

(2)

Continuation of terms under new permit or lease

(3)

Completion of processing

(4)

Environmental reviews

(d)

Allotment management plan requirements

(e)

Omission of allotment management plan requirements and incorporation of appropriate terms and conditions; reexamination of range conditions

(f)

Allotment management plan applicability to non-Federal lands; appeal rights

(g)

Cancellation of permit or lease; determination of reasonable compensation; notice

(h)

National Environmental Policy Act of 1969

(1)

In general

The issuance of a grazing permit or lease by the Secretary concerned may be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if—

(A)

the issued permit or lease continues the current grazing management of the allotment; and

(B)

the Secretary concerned—

(i)

has assessed and evaluated the grazing allotment associated with the lease or permit; and

(ii)

based on the assessment and evaluation under clause (i), has determined that the allotment—

(I)

with respect to public land administered by the Secretary of the Interior—

(aa)

is meeting land health standards; or

(bb)

is not meeting land health standards due to factors other than existing livestock grazing; or

(II)

with respect to National Forest System land administered by the Secretary of Agriculture—

(aa)

is meeting objectives in the applicable land and resource management plan; or

(bb)

is not meeting the objectives in the applicable land resource management plan due to factors other than existing livestock grazing.

(2)

Trailing and crossing

(i)

Priority and timing for completion of environmental analyses

The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis with respect to a grazing allotment, permit, or lease based on—

(1)

the environmental significance of the grazing allotment, permit, or lease; and

(2)

the available funding for the environmental analysis.

(j)

Applicability of provisions to rights, etc., in or to public lands or lands in National Forests

(Pub. L. 94–579, title IV, § 402, Oct. 21, 1976, 90 Stat. 2773; Pub. L. 95–514, §§ 7, 8, Oct. 25, 1978, 92 Stat. 1807; Pub. L. 113–291, div. B, title XXX, § 3023, Dec. 19, 2014, 128 Stat. 3762.)

cite as: 43 USC 1752